Civil and Political Rights
The International Covenant on Civil and Political Rights protects many
different human rights, including the right to life, the right to freedom of
movement, the right to fair trial and equality before the law.55
Israel’s violations of Palestinians’ rights under the International Covenant on
Civil and Political Rights are numerous and acknowledged by many external
and independent bodies. For instance, the Human Rights Committee, in its
concluding observations of the fourth periodic report of Israel, reiterated its
previous recommendation that Israel should amend its Basic Laws to ensure
that all persons within Israel are treated equally and that Israel reviews all of
its laws which discriminate against Palestinian citizens.56
In this chapter the focus will lie on the freedom of movement.
Freedom of Movement within the oPt
For Palestinians, freedom of movement within the oPt has become the
exception rather than the norm.57 This stands in stark contrast to IHRL,
particularly the International Covenant on Civil and Political Rights, which
states in Article 12 (1) that “[e]veryone lawfully within the territory of a State
shall, within that territory, have the right to liberty of movement and freedom
to choose his residence.”58 The Human Rights Committee has commented
on the possibilities of restricting the right to freedom of movement and
emphasized that, although Article 12(3) does make certain restrictions
possible, under no circumstances can a state impose restrictions on the
55 UN General Assembly, “International Covenant on Civil and Political Rights”, 16 December 1966.
Available at: https://treaties.un.org/doc/Publication/UNTS/Volume%20999/volume-999-I-14668English.pdf
56 UN Human Rights Committee, “Concluding observations on the fourth periodic report of Israel
(Advance Unedited Version)”, October 2014, page 3. Available at: http://www.ccprcentre.org/
doc/2014/10/CCPR_C_ISR_CO_41.doc
57 See for example World Bank Technical Team, “Movement and Access Restrictions in the West Bank:
Uncertainty and Inefficiency in the Palestinian Economy”, 9 May 2007, page 1. Available at: http://
siteresources.worldbank.org/INTWESTBANKGAZA/Resources/WestBankrestrictions9Mayfinal.pdf
58 UN General Assembly, “International Covenant on Civil and Political Rights”, 16 December 1966.
Available at: https://treaties.un.org/doc/Publication/UNTS/Volume%20999/volume-999-I-14668English.pdf
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