RIS322596 Stop partnerschappen met instanties betrokken bij mensenrechtenschendingen in Palestina bijlage 11

OHCHR update of database of all business enterprises involved in the activities detailed in paragraph 96 of the report of the independent international factfinding 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

30 June 2023

Introduction 1. The United Nations Human Rights Council, in its resolution 31/36, on Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, adopted on 24 March 2016, requested “the United Nations High Commissioner for Human Rights, in close consultation with the Working Group on the issue of human rights and transnational corporations and other business enterprises, in follow-up 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, and as a necessary step for the implementation of the recommendation contained in paragraph 117 thereof, to produce a database of all business enterprises involved in the activities detailed in paragraph 96 of the afore-mentioned report, to be updated annually, and to transmit the data therein in the form of a report to the Council at its thirty-fourth session”.1 2.

In response to this request, the Office of the United Nations High Commissioner for Human Rights submitted an interim report to the Human Rights Council, setting out methodology used for the production of the database (A/HRC/37/39), and a further report containing the database of 112 business entities based on relevant activity of such entities to 1 August 2019 (A/HRC/43/71). That report further stated, in its paragraph 32, that a business enterprise may provide information indicating that it was no longer involved in the relevant listed activity, and that, where there were reasonable grounds to believe that the business enterprise was ceasing or was no longer involved in the relevant activity, the business enterprise would be removed from the database. 3. Since the publication of that report in February 2020, a number of companies provided OHCHR with information indicating that they were ceasing or were no longer involved in the relevant activity. In addition, OHCHR became aware of information that a number of business enterprises had seen changes in their structure, ownership and/or operations with implications on their involvement in relevant listed activities in the Occupied Palestinian Territory. 4.

In absence of regular budget resources required for annual updating of the database on an open-ended basis, the present update has been prepared within existing resources, on an exceptional basis, and without prejudice as to any future decision. Scope of update and methods of work 5. To prepare the present update, OHCHR reviewed the 112 business enterprises listed in its February 2020 report (A/HRC/43/71). Its scope encompasses re-assessment, on the basis of information available to OHCHR, of the situation of these business entities in relation to their structure, ownership, and operations as relevant to their involvement in relevant listed activities from 1 August 2019 through 31 December 2022. Accordingly, the present update does not purport to provide a complete list of business enterprises engaged in certain activities in relation to Israeli settlement activity in the Occupied Palestinian Territory. 6. The work conducted by OHCHR in producing the present update followed the same parameters as applied to the initial production of the database set out in A/HRC/43/71. While the establishment and expansion of settlements in the Occupied Palestinian Territory amounts to transfer by Israel of its own civilian population into the territory it occupies which is 1 Human Rights Council resolution A/HRC/31/36, para. 17.

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prohibited under international law,2 the present update, as with respect to A/HRC/43/71, is not and does not purport to constitute a judicial or quasi-judicial process of any kind, or to provide any legal characterization of the listed activities or business enterprises’ involvement therein. 7. In resolution 31/36, the Human Rights Council defined the parameters of activities to be reflected in the database by reference to the list compiled by 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 (A/HRC/22/63), which comprised: (a) The supply of equipment and materials facilitating the construction and the expansion of settlements and the wall, and associated infrastructure; (b) The supply of surveillance and identification equipment for settlements, the wall and checkpoints directly linked with settlements; (c) The supply of equipment for the demolition of housing and property, the destruction of agricultural farms, greenhouses, olive groves and crops; (d) The supply of security services, equipment and materials to enterprises operating in settlements; (e) The provision of services and utilities supporting the maintenance and existence of settlements, including transport; (f) Banking and financial operations helping to develop, expand

or maintain settlements and their activities, including loans for housing and the development of businesses; (g) The use of natural resources, in particular water and land, for business purposes; (h) Pollution, and the dumping of waste in or its transfer to Palestinian villages; (i) Captivity of the Palestinian financial and economic markets, as well as practices that disadvantage Palestinian enterprises, including through restrictions on movement, administrative and legal constraints; (j) The use of benefits and reinvestments of enterprises owned totally or partially by settlers for developing, expanding and maintaining the settlements. 8. In line with the methodology applied in A/HRC/43/71, the parameters of activities considered for inclusion in the present update have been strictly confined to these 10 activities, in relation to business enterprises domiciled in Israel, in the Occupied Palestinian Territory or abroad, carrying out listed activities in relation to the Occupied Palestinian Territory.3 In temporal terms, the relevant period considered was from 1 August 2019 through 31 December 2022. 9.

For purposes of the present update, OHCHR analysed information received from the business enterprises themselves in response to OHCHR’s communication to each of the 112 entities listed in the database, which was taken into consideration, as well as publicly available information, including business enterprises’ own websites and resources, and reports by the United Nations, civil society organizations (Israeli, Palestinian and international) and media sources. OHCHR updated the Working Group on the issue of human rights and transnational corporations and other business enterprises with respect to conceptual and methodological matters. The determinations as to individual entities in this update are OHCHR’s alone. With respect to the 112 business enterprises listed in the February 2020 report, OHCHR sent each entity a letter in July 2022, informing as to the review of the database and inviting provision of 2

See also Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004, p. 136; and, inter alia, Security Council resolutions 465 (1980) and 2334 (2016); General Assembly resolutions 71/97 and 72/86; and Human Rights Council resolution 31/36. 3 Business enterprises engaged in activities related to the occupied Syrian Golan do not fall within the scope of paragraph 17

of Human Rights Council resolution 31/36.

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any further relevant information as to their structure, ownership or involvement with the listed activities, within a period of 60 days. 10. In response to these letters, 13 of the 112 business enterprises responded. Responses from business enterprises included one or more of the following general approaches: (a) request to be removed from the database; (b) provision of updated information indicating that an entity was ceasing or no longer involved in one or more of the listed activities; (c) confirmation of an entity’s involvement in one or more of the listed activities; (d) objection to the mandate of OHCHR to perform such a function; (d) refusal to provide a substantive response to the invitation presented; and/or (e) enquiries about the mandate and/or process of update. OHCHR responded to all queries. In some cases, processes of dialogue developed between OHCHR and the business enterprises. Direct communication facilitated exchange of information and offered business enterprises the opportunity to share further views and provide more information on their extent of involvement in the listed activities. In some cases, business enterprises failed to respond entirely. 11.

Based on the totality of the information available to it, OHCHR assessed, for each business enterprise, whether there were reasonable grounds to believe it that it was ceasing or was no longer involved in the relevant activity. In that case, the business enterprise was removed from the database. 12. At the conclusion of the process, OHCHR informed all 112 business enterprises in writing of removal or continued inclusion in the database, as applicable. Updated database 13. Of the 112 business enterprises included in the 2020 database report A/HRC/43/71, OHCHR found reasonable grounds for the removal of 15 business enterprises on basis that they were ceasing or were no longer involved in one or more of the listed activities in the Occupied Palestinian Territory, according to the standard described above. They were, as a result, removed from the updated database set out in Section A below. 14. Where a business enterprise was found to have ceased or to no longer be involved in one or more of the listed activities, its parent company itself, where included in the database based exclusively on its corporate relationship with it, was likewise removed from the updated database. The remaining 97 business enterprises4 continued to meet the standard of reasonable grounds to believe that they continued to be involved in one or more of the listed activities.

They were, as a result, retained in the updated database in Sections B, C or D below. 15. Where formal name and/or State of domicile of a business enterprise changed during the period under review, in absence of reasonable grounds to believe cessation of involvement in one or more listed activities, the new name and/or State of domicile of the business enterprise was used in the updated database in place of original name and/or State of domicile.

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A. Business enterprises no longer involved in listed activities: Business enterprise 1. 2. 3. 4. 5. 6. 7. 8. 9.

Amnon Mesilot Ltd. Ashtrom Properties Ltd Avgol Industries 1953 Ltd. Bank Otsar Ha-Hayal Ltd. Brand Industries Ltd. Citadis Israel Ltd. Darban Investments Ltd. Energix Renewable Energies Ltd. General Mills Inc.

Sub-paragraph of listed activity (2020 report) (e) (g) (g) (e), (f) (g) (e), (g) (g) (g) (g)

10. 11. 12. 13. 14. 15.

General Mills Israel Ltd. Indorama Ventures P.C.L. Jerusalem Economy Ltd. Municipal Bank Ltd. Pelegas Ltd. Zorganika Ltd.

(g) (g) (g) (f) (g) (g)

State concerned Israel Israel Israel Israel Israel Israel Israel Israel United States of America Israel Thailand Israel Israel Israel Israel

B. Business enterprises involved in listed activities: n°

Business enterprise

1.

Airbnb Inc.

2. 3.

American Israeli Gas Corporation Inc. Amir Marketing and Investment in Agriculture Inc. Amos Hadar Properties and Investments Ltd. Angel Bakeries Archivists Ltd. Ariel Properties Group Ashtrom Industries Ltd. Bank Hapoalim B.M. Bank Leumi Le-Israel B. M. Bank of Jerusalem Ltd. Beit Haarchiv Ltd. Bezeq the Israel Telecommunication Corp. Ltd. Booking.com B. V. C Mer Industries Ltd. Café Café Israel Ltd. Caliber 3

4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17.

SubState concerned paragraph of listed activity (e) United States of America (e), (g) Israel (g) Israel (g)

Israel

(e), (g) (g) (e), (g) (g) (e), (f), (g) (e), (f), (g) (e), (f), (g) (g) (e), (g)

Israel Israel Israel Israel Israel Israel Israel Israel Israel

(e) (b) (e), (g) (d), (g)

Netherlands Israel Israel Israel 4

18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31.

Cellcom Israel Ltd. Cherriessa Ltd. Chish Nofei Israel Ltd. Comasco Ltd. D.B.S Satellite Services Ltd.5 Delek Group Ltd. Delta Israel Brands Ltd.6 Dor Alon Energy in Israel 1988 Ltd. Egis Rail Egged Transportation Ltd.7 Electra Afikim8 EPR Systems Ltd. Extal Ltd. Expedia Group Inc.

(e), (g) (g) (g) (a) (e) (e), (g) (g) (e), (g) (e) (e) (e) (e), (g) (g) (e)

32. 33. 34. 35. 36.

(g) (g) (e), (f), (g) (e), (d) (g)

37. 38. 39. 40. 41. 42. 43.

Field Produce Ltd. Field Produce Marketing Ltd. First International Bank of Israel Ltd. Galshan Shvakim Ltd. Hadiklaim Israel Date Growers Cooperative Ltd. Hot Mobile Ltd. Hot Telecommunications Systems Ltd. Mivne Real Estate (K.D) Ltd.9 Israel Discount Bank Ltd. Israel Railways Corporation Ltd. Italek Ltd. J.C. Bamford Excavators Ltd.

(e), (g) (e), (g) (g) (e), (f), (g) (g), (h) (e), (g) (a)

44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57.

Kavim Public Transportation Ltd. Lipski Installation and Sanitation Ltd. Matrix IT Ltd. Mayer Davidov Garages Ltd. Mekorot Water Company Ltd. Mercantile Discount Bank Ltd. Merkavim Transportation Technologies Ltd. Mizrahi Tefahot Bank Ltd. Modi’in Ezrachi Group Ltd. Mordechai Aviv Tassiot Beniyah 1973 Ltd. Motorola Solutions Israel Ltd. Naaman Group Ltd. Nof Yam Security Ltd. Ofertex Industries 1997 Ltd.

(e) (g) (e), (g) (e), (g) (e), (g) (e), (f), (g) (e) (e), (f), (g) (d), (e), (g) (g) (e), (d) (e), (g) (e), (d) (g)

Israel Israel Israel Israel Israel Israel Israel Israel France Israel Israel Israel Israel United States of America Israel Israel Israel Israel Israel Israel Israel Israel Israel Israel Israel United Kingdom of Great Britain and Northern Ireland Israel Israel Israel Israel Israel Israel Israel Israel Israel Israel Israel Israel Israel Israel

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Formerly listed as “Yes”. Formerly listed as “Delta Israel”. 7 Formerly listed as “Egged, Israel Transportation Cooperative Society Ltd.” 8 Formerly listed as “Afikim Public Transportation Ltd.” 9 Formerly listed as “Industrial Buildings Corporation Ltd”. 6

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58.

Opodo Ltd.

(e)

59. 60. 61. 62. 63.

Partner Communication Company Ltd. Paz Oil Company Ltd. Pelephone Communications Ltd. Proffimat S. R. Ltd. Rami Levy Chain Stores Hashikma Marketing 2006 Ltd. Rami Levy Hashikma Marketing Communications Ltd Re/Max Israel Shalgal Food Ltd. Shapir Engineering and Industry Ltd. Shufersal Ltd. Sonol Israel Ltd. Superbus Ltd. Supergum Industries 1969 Ltd. Tahal Group International B.V. TripAdvisor Inc.

(e), (g) (e), (g) (e), (g) (g) (e), (g)

United Kingdom of Great Britain and Northern Ireland Israel Israel Israel Israel Israel

(e), (g)

Israel

(e), (g) (g) (e), (g) (e), (g) (e), (g) (e) (g) (e) (e) (g) (g) (g)

Israel Israel Israel Israel Israel Israel Israel Netherlands United States of America Israel Israel Israel

(g) (e), (g) (g)

Israel Israel Israel

64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79.

Twitoplast Ltd. Unikowsky Maoz Ltd. Zakai Agriculture Know-how and inputs Ltd. ZF Development and Construction ZMH Hammerman Ltd. Zriha Hlavin Industries Ltd.

C. Business enterprises involved as parent companies: n°

Business enterprise

80. 81. 82. 83. 84.

Alon Blue Square Israel Ltd. Alstom S.A.10 Altice International Ltd.11 Ashtrom Group Ltd. Booking Holdings Inc.

Sub-paragraph of listed activity (e), (g) (e), (g) (e), (g) (g) (e)

85. 86. 87. 88.

Delta Galil Industries Ltd. eDreams ODIGEO S.A. Egis Group12 Electra Group Ltd.13

(g) (e) (e) (e), (g)

State concerned Israel France Luxembourg Israel United States of America Israel Spain France Israel

10

“Alstom S.A.”, formerly listed as parent of “Citadis Israel Ltd.”, is retained in the present update as parent of “Bombardier Transportation Israel Ltd.” 11 Formerly listed as “Altice Europe N.V.” 12 Formerly listed as “Egis S.A.” 13 Formerly listed as “Electra Ltd.”

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89. 90. 91. 92. 93. 94.

Export Investment Company Ltd. Hadar Group Hamat Group Ltd. Kardan N.V. Mayer’s Cars and Trucks Co. Ltd. Motorola Solutions Inc.

(e), (f), (g) (g) (g) (e) (e) (e), (d)

95. 96.

Natoon Group Villar International Ltd.

(e), (d) (g)

Israel Israel Israel Netherlands Israel United States of America Israel Israel

D. Business enterprise involved as licensors or franchisors: n°

Business enterprise

97.

Greenkote P.L.C.

Sub-paragraph of listed activity (g)

State concerned United Kingdom of Great Britain and Northern Ireland

16. As per paragraph 32 of the 2020 report (A/HRC/43/71), a business enterprise may provide information indicating that it is no longer involved in the relevant listed activity and, should there be reasonable ground to believe that, based on the totality of information available, the business enterprise is ceasing or is no longer involved in the relevant activity, the business enterprise would be removed from the database. Conclusion 17. In OHCHR’s view, the process of preparing the present update has facilitated continuing constructive engagement with business enterprises in particular. The update, in complement with the February 2020 report, serves to promote clarity and transparency with respect to the activities in question, and in turn to assist both Member States and business enterprises in complying with respective obligations and responsibilities applicable under international law.

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