The Irish Human Rights and Equality Commission (IHREC) has expressed deep disappointment following the passing of the Occupied Territories Bill without provisions prohibiting trade in services linked to Israel’s unlawful settlements in the Occupied Palestinian Territory.
While welcoming the enactment of legislation prohibiting the importation of goods from illegal settlements, the Commission said the exclusion of services represents a significant missed opportunity to ensure Ireland fully complies with its obligations under international law.
Chief Commissioner Liam Herrick said:
“The passage of this legislation is an important acknowledgement that Ireland has obligations not to contribute to the maintenance of unlawful situations under international law. However, by excluding services, the legislation falls far short of what international law requires and of what the Government itself has been advised.” “To be clear, the distinction between goods and services has no basis in international law. Ireland’s obligation is to ensure that it does not provide aid or assistance that contributes to the maintenance of Israel’s unlawful presence in the Occupied Palestinian Territory. That obligation extends to economic activity more broadly, including services.”
This refusal to include services comes when, conversely, the Government is pushing for an EU-wide ban on goods and services to the territories. IHREC commends the Irish Government for its leadership at the European level on this issue of trade and cooperation with the Occupied Territories. However, the most important demonstration of leadership would be the enactment of national legislation in Ireland, in line with equivalent legislation that has now been passed in other EU member states.
IHREC has consistently advocated for Ireland to fulfil its obligations under international law in response to the situation in Gaza, including supporting proceedings under the Genocide Convention before the International Court of Justice and calling for effective measures to prevent and respond to genocide. In that context, we note last month’s findings of the United Nations Independent International Commission of Inquiry that “Israel continues to commit genocide by deliberately targeting Palestinian children in Gaza.” Mr Herrick said:
“We cannot forget that behind the political debate surrounding this legislation are the lives of experiences of people who continue to endure unimaginable loss and suffering. Families have lost loved ones, children have been killed or injured, people have been repeatedly displaced from their homes, and access to food, clean water, healthcare and education has been devastated. As the genocide continues, civilians are living through constant fear, grief and trauma, with many struggling simply to survive each day. And these experiences underline Ireland’s obligation to ensure that our laws and actions fully uphold international human rights and humanitarian law.”