CCPR/C/120/D/2285/2013
also refer to the report of the independent international fact-finding mission to investigate
the implications of the Israeli settlements on the civil, political, economic, social and
cultural rights of the Palestinian people throughout the Occupied Palestinian Territory,
including East Jerusalem, submitted to the Human Rights Council in 2013, in which the
mission recommended that “private companies must assess the human rights impact of their
activities and take all necessary steps — including by terminating their business interests in
the settlements — to ensure that they do not have an adverse impact on the human rights of
the Palestinian people, in conformity with international law as well as the Guiding
Principles on Business and Human Rights”. The mission called upon Member States “to
take appropriate measures to ensure that business enterprises domiciled in their territory
and/or under their jurisdiction, including those owned or controlled by them, that conduct
activities in or related to the settlements respect human rights throughout their operations”.8
3.12 Consequently, the Committee should find that the State party has violated its
extraterritorial obligation to ensure the authors’ rights under the Covenant by failing to
regulate and hold Green Park International and Green Mount International accountable for
their activities in the occupied Palestinian territory which violate the Covenant.
3.13 Based on the foregoing, the State party has violated its extraterritorial obligation to
ensure articles 2, 7, 12, 17 and 27 of the Covenant by failing to regulate the activities of the
two corporations so as to prevent human rights violations in the occupied Palestinian
territory.
3.14 With respect to remedies, the authors request that the State party ensure, in law and
in practice, that victims of violations of the extraterritorial obligation to ensure respect for
Covenant rights have effective judicial remedies available within the Canadian legal system.
Furthermore, the State party should set out clearly its expectation that all business
enterprises domiciled in its territory and/or in its jurisdiction will respect human rights
standards in accordance with the Covenant throughout their operations, including by taking
appropriate legislative or administrative measures to prevent acts of transnational
corporations registered in Canada which negatively impact the enjoyment of Covenant
rights in territories outside Canada. The Committee should call upon Canada to take
measures to stop Green Park International and Green Mount International from undertaking
activities or being complicit in activities that violate the Covenant, and levy sanctions on
them in the event of failure to end such activities. The Committee should call upon the State
party to ensure that effective remedies are available to the authors, including an appeal
before the Supreme Court of Canada.
State party’s observations on admissibility and the merits
4.1
The State party provided observations on admissibility and the merits on 17 June
2014. The State party argues that the communication is inadmissible on three grounds. First,
the authors do not have standing to bring the communication before the Committee. Second,
the articles of the Covenant invoked by the authors do not have extraterritorial effect. Third,
the communication contains no objective evidence and is therefore manifestly unfounded.
Should the Committee consider it admissible, the State party requests, on the basis of its
submission, that the communication be found without merit.
4.2
On the facts, the State party indicates that Green Park International and Green
Mount International are legally incorporated and domiciled in the jurisdiction of the
Province of Quebec. Both corporations were registered on 6 July 2004. The registry
information, publicly available, provides the name of the person who is both president and
secretary for both corporations. His address is in the city of Herzliya, Israel. Regarding
judicial proceedings in Israel, the State party indicates that the four petitions were made on
behalf of Ahmed Issa Abdallah Yassin, then Chair of the Bil’in Village Council. It is
unclear to what extent the individual authors of the communication were directly involved
8
6
State party which negatively impact on the enjoyment of rights of indigenous peoples in territories
outside the United States. In particular, the Committee [recommended] that the State party explore
ways to hold transnational corporations registered in the United States accountable” (see
CERD/C/USA/CO/6, para. 30).
See A/HRC/22/63, para. 117.
GE.17-21900