Joint memorandum submitted by International
Service (IS) and Palestinian Centre for Human Rights (PCHR)
International Service (IS) is a United Kingdom
based non-governmental organisation. It works to promote self-reliance,
human rights and long-term sustainable development in West Africa,
Latin America and Palestine. International Service is a member
of United Nations Association, United Kingdom.
The Palestinian Centre for Human Rights (PCHR)
is an independent legal body based in Gaza City dedicated to promoting
human rights, the rule of law, and upholding democratic principles
in the Occupied Palestinian Territories. PCHR holds Special Consultative
Status with the Economic and Social Council (ECOSOC) of the United
Nations and is an affiliate of the International Commission of
Jurists, the Federation Internationale des Ligues des Troits de
l'Homme (FIDH) and the Euro-Mediterranean Human Rights Network.
Inquiry issue: The effectiveness of aid
from UK and EU sources on Palestinian poverty levels, how it is
targeted and what could be done to prevent it from being wasted
or destroyed
CONDITIONS FOR AID: OBSTRUCTION OF INTERNATIONAL
HUMANITARIAN, DEVELOPMENT AND HUMAN RIGHTS WORKERS
EXECUTIVE SUMMARY
IS and PCHR has become increasingly concerned
regarding the progressively restrictive measures imposed on internationals
seeking access to Israel and the Occupied Palestinian Territories
(OPT), and the Gaza Strip in particular. Restrictions have been
arbitrarily imposed on internationals employed by international
and national humanitarian, development and human rights organisations
seeking to conduct their work throughout the OPTs. These ongoing
restrictions are imposed in violation of Israel's obligations
as the Occupying Power under the Geneva Convention Relative to
the Protection of Civilians in Time of War, and in violation of
Israel's stated commitments, including the Bertini Commitments.
IS and PCHR expresses its concerns that such ongoing restrictive
measures will serve to further worsen the humanitarian situation
in the OPT, particularly the Gaza Strip, where at least 20% of
the population are now entirely dependent on international aid
for basic foodstuffs and many more receive additional aid. We
also assert that these restrictions are intended to prevent foreign
observation of the impact of the illegal Israeli military occupation,
and the military policies implemented to sustain and expand it,
on the Palestinian civilian population.
This memoranda will outline problems faced by
international humanitarian, development and human rights workers,
including denial of entry to Israel and the OPT, refusals of work
visas for Israel. This paper also highlights the increasing levels
of violence, including killings and injuries, directed at international
staff by the Israeli military and other Israeli government agencies.
While this memoranda seeks to provide information
specific to the recent restrictions imposed on international staff
of humanitarian, development and human rights organisations, we
note with grave concern, the ongoing denials of freedom of movement
to the Palestinian civilian population of the OPT in general,
and to Palestinian humanitarian, development and human rights
workers in particular. For information regarding movement restrictions
on Palestinians in the OPT please refer to PCHR's regular publications[52].
ISRAEL'S
COMMITMENTS
Israel's commitments in respect of international
staff of humanitarian development and human rights organisations
can be found in international humanitarian law, international
human rights law and in verbal and other guarantees made by the
Israeli government.
INTERNATIONAL HUMANITARIAN
LAW
General principles of international humanitarian
law provide for access for humanitarian agencies and their staff
to ensure that necessary humanitarian services are accessible
to civilians in time of conflict. More specifically, the Geneva
Convention Relative to the Protection of Civilians in Time of
War, 1949, (the Fourth Geneva Convention), to which Israel is
a High Contracting Party, obligates an Occupying Power to facilitate
access for humanitarian workers in Occupied Territory. Humanitarian,
development and human rights organisations, domestic, regional
and international, have provided a range of important services
to Palestinian civilians throughout the OPT for many years. These
organisations have included UN agencies (represented mainly by
United Nations Relief and Works Agency, UNRWA), the International
Committee of the Red Cross (ICRC), the Red Crescent, a high number
of international development agencies including International
Service, Oxfam GB, Save the Children UK, MERLIN, MAP UK, as well
as Palestinian non-governmental organisations. Many of these agencies,
particularly those providing humanitarian services in the field,
have been subjected to restrictions, denials of access and even
attacks on staff, vehicles and other equipment, by the Israeli
military throughout the OPT. These attacks have continued to escalate
since the beginning of the current Intifada in 2000.
The Fourth Geneva Convention prescribes clear
rules regarding humanitarian organisations, their services, duties
and the duties of the Parties to the conflict (including the Occupying
Power) in respect of these organisations. In article 10, the Convention
recognizes certain types of organisations. The International Committee
of the Red Cross is, of course, the primary humanitarian organization
dealt with in this and the other three Conventions and Additional
Protocols. This article also refers more generally to "any
other impartial humanitarian organization". As further clarified
in Pictet's Commentary, those organisations must be humanitarian,
ie concerned with the condition of human beings irrespective of
military, political, or other identities. The organisations must
also be impartial. However, they are not required to be international,
nor is it required to be neutral[53].
The Commentary further details the types of activities which these
organisations are authorized to conduct. Activities may include:
"1. representations, interventions,
suggestions and practical measures affecting the protection afforded
under the Convention;
2. the sending and distribution of relief
(foodstuffs, clothing and medicaments), in short, anything which
can contribute to the humane treatment provided for under article
27;
3. the sending of medical and other
staff."[54]
Article 30 sets out obligations of the Parties
to the conflict to provide services and relief to the protected
persons. As Pictet's Commentary further details in reference to
article 30, "The Convention requires the Parties to the conflict
to grant all facilities to . . . relief organizations. That means
that it will not be enough merely to authorize them to carry out
their work; their task must be facilitated and promoted. It is
the duty of the authorities to take all necessary steps to allow
approved organizations to take rapid and effective action wherever
they are asked to give assistance. Among examples of such measures
can be mentioned the provision of facilities for delegates to
move about and carry on correspondence, to have free access to
all places where protected persons are living, transport facilities,
and facilities for distributing relief, etc."
Article 61 expressly details the obligation
of the Occupying Power, Israel, to facilitate the "rapid
distribution of these consignments".
However, it must be noted that irrespective
of the presence and services of humanitarian organisations, the
primary agent responsible for the welfare of the protected persons,
including provision of relief, is the Occupying Power; as article
60 specifically affirms "Relief consignments shall in no
way relieve the Occupying Power of any of its responsibilities
under Articles 55, 56, and 59".
BERTINI COMMITMENTS
On 7 August 2002, the UN Secretary General,
Kofi Annan, appointed Catherine Bertini as Personal Humanitarian
Envoy to address the humanitarian needs arising from the ongoing
violence in the region since September 2000. Ms Bertini's visit
later in August 2002 concluded with an agreement by the Israeli
authorities to a minimum set of standards on humanitarian issues
in the OPT. These minimum standards included commitments in health,
water, fishing rights and access for Palestinian workers. In addition,
the Israeli authorities agreed to "fully facilitate the activities
of international organizations"[55].
The Bertini Commitments were noted as providing
only a minimum set of standards that did not in any way detract
or limit the obligations of Israel as the Occupying Power under
the Fourth Geneva Convention and other relevant provisions of
international humanitarian law.
In addition to the Bertini Commitments, specifically
in respect of UNRWA, the Israeli authorities are also bound by
the Comay-Michelmore Agreement (signed in 1967), to facilitate
UNRWA's operations throughout the OPT. The Agreement refers specifically
to the free movement of UNRWA international staff and UNRWA vehicles.
HUMAN RIGHTS
DEFENDERS
For many years, international staff of human
rights organisations, both local and international, have provided
essential services in the promotion and protection of human rights
in the OPT, both in respect of Israel and the Palestinian Authority.
This group is particularly important in ensuring that accurate
and appropriate information regarding the human rights situation
in the OPT is provided to the international community, and in
particular to the UN treaty and charter bodies dealing with human
rights issues. Many international human rights defenders are based
outside the region and conduct regular fact-finding missions to
Israel and the OPT. Other international human rights defenders
provide essential training and technical services to local human
rights and other organisations. For those international human
rights defenders, including those based in Israel and the OPT,
access restrictions, including visa applications and access through
checkpoints, has impacted daily on their ability to contribute
to the improvement of the human rights situation in Israel and
the OPT. Internationals assisting Palestinians in seeking accountability
for human rights violations are particularly vulnerable to arbitrary
restrictions.
The UN Declaration on human rights defenders[56]
prescribes general commitments to the promotion and protection
of human rights, including through non-governmental organisations
and individual human rights defenders. The Declaration supplements
the inherent obligation in international human rights treaty law,
including the International Covenant on Civil and Political Rights,
International Covenant on Economic, Social and Cultural Rights,
Universal Declaration on Human Rights, to all of which Israel
is a State party, of state parties to promote and protect fundamental
human rights. The work of human rights defenders is an integral
element in the promotion and protection of human rights.
Israel's role in facilitating the various humanitarian,
development and human rights agencies and their work are clear.
However, in reality, Israel's has consistently flouted these rules.
In particular, the denial or restricted access for international
staff of these humanitarian, development and human rights organisations
continues to impact upon the quality and regularity of the important
services which these organisations provide to the Palestinian
civilian population.
INTERNATIONAL NGOS
OPERATING IN
THE OCCUPIED
PALESTINIAN TERRITORIES
Approximately 80 international non-governmental
organisations (INGOs) provide humanitarian relief and development
assistance to the Palestinian civilian population. Representing
over 20 countries, including the USA, European Union member states,
Norway, Japan, Australia and Canada, and staffed by international
relief and development professionals, their global mandate is
to provide assistance to those most in need, in a variety of countries
throughout the world.
INGOs work in the West Bank and Gaza with local
communities and local partners, and some have had a presence in
the OPT for over 30 years. INGOs provide a wide range of community-based
services and humanitarian assistance including: the rehabilitation
of infrastructure (roads, electrical services, water cisterns),
humanitarian relief (food and non-food aid), emergency medical
care, educational and social activities, employment generation,
assistance to people with disabilities, and support to the agricultural
sector.
INGOs are an integral part of the international
aid community, and perform a significant role in implementing
donor funded humanitarian and development programmes. According
to AIDA estimates, approximately 10% of all donor assistance in
2002 flowed through INGOs. INGO efforts are targeted principally
to the poor, and the World Bank estimates that about 20% of the
Palestinian poor are totally dependent on INGO programmes for
their day-to-day subsistence.
| Estimated donor funding of INGO activity in 2002-03
| | | |
| * | Funds for relief and development projects disbursed through INGOs
| EC/ECHO
USAID
Other donors
Total:
| $13 million
$90 million
$45 million
$148 million
|
| * | Total donor funds disbursed in the West Bank and Gaza in 2002
| | $1.05 billion |
| * | INGO contribution as % of total aid disbursement
| | 10 % |
| * | Proportion of Palestinian population fully dependent on INGO aid
| 390.000 (approximately 20% of those living below the poverty line of $US 2.1 per day)
|
| | |
|
As the security situation in the OPT becomes increasingly
unstable and the humanitarian and human rights situation deteriorates
still further, the role of humanitarian, development and human
rights organisations continues to increase. However, increasing
restrictions on movement and the escalating numbers of attacks
and other hostile incidents against international staff of these
organisations have continued to impact on the ability of humanitarian,
development and human rights organisations, to provide these essential
services to the Palestinian population. The following sections
set out in more detail the access issues which international staff
are currently facing and also the increasing disregard for the
safety of staff members shown by the Israeli authorities, particularly
the Israeli military.
ENTRY TO
ISRAEL
The first and most fundamental obstacle facing international
staff of the humanitarian, development and human rights organisations
working in the field is physical access to the OPT. Access to
the OPT is exclusively and tightly controlled by the Israeli authorities.
All border controls are controlled and staffed by Israeli government
agencies. Therefore, all access to Jerusalem, the West Bank and
Gaza Strip for international staff of humanitarian, development
and human rights organisations, is subject to the agreement of
the Israeli authorities. For a number of years, internationals
seeking access to the OPT have been subjected to prolonged cross-examination
and time-consuming "security" checks at the Israeli-controlled
border points, particularly at Tel Aviv international airport
and the Allenby Bridge Crossing from Jordan. However, since the
beginning of the current Intifada, many hundreds of internationals
seeking entry to Israel as passage through to the OPT have been
denied entry to Israel and the OPT at several border entry point,
particularly at Tel Aviv international airport, at the Allenby
Bridge and Sheikh Hussein crossings from Jordan, and at the Rafah
Terminal from Egypt. Many of these internationals have sought
entry to Israel for access to their places of work in the OPT,
including Jerusalem, with international and local humanitarian,
development and human rights organisations.
This policy of denying entry to internationals reached an
unprecedented level during the Israeli military offensive in the
West Bank, "Operation Defensive Shield" in April and
May 2002 and the subsequent "Operation Determined Path".
During this time many hundreds of internationals, including those
employed by humanitarian, development and human rights organisations,
were denied entry to the region. Denial of entry by Israel commonly
involves a period of detention (ranging from a period of several
hours to several days. Detainees have reported denial of food
and water and denial of access to a telephone); interrogation
and security searches by Israeli immigration officials, police
and the military; and then forible return to the home country
in the case of Tel Aviv aiport, or to Jordan or Egypt in the case
of land borders. In several instances denial of entry has occurred
including where correct immigration documentation, including diplomatic
and work visas, has been presented and intervention by the Israeli
Ministry of Labor and Social Affairs has occurred. Reasons for
denial of entry are rarely provided. Intervention by diplomatic
representatives and even legal actions, have rarely been successful.
The number of such incidents has declined slightly since mid-2002,
but denials of entry continue; in the latest examples, the international
representative of the Norwegian Peoples Aid, based in the Gaza
Strip, was denied access through the Rafah Terminal on 25 May
2003. On August 19, 2003, an American humanitarian aid consultant
was denied entry to Israel at the Taba border crossing with Egypt.
Information collected by the Association for International
Development Agencies (AIDA) in the OPT, where IS is a member,
during a sample period of one month, May 2003, there were at least
ten incidents related to denial of entry/ delayed entry, deportation,
detention and confiscation of equipment at Israeli borders. 17
NGO staff were denied entry to the country and had to return home
during the month of May 2003. The following are examples of incidents.
— May 12, 2003: Tel Aviv Airport—Swedish
national 62 year old librarian working on an 8 day consultancy
for Swedish NGO, funded by Sida. Never been to Israel. Detained
and questioned overnight, deported next morning.
— May 11, 2003: Tel Aviv Airport—Enfants
Refugies du Monde general administrator is turned back at Tel
Aviv international airport, despite showing an order of mission
from ECHO, and coordination with French diplomats and ECHO.
— May 11, 2003: Arava/Aqaba Border Crossing—Dutch
national working in OPT for an Italian NGO. Denied entry at Arava.
No reason given. Passport stamped `Entry Denied'. Had to fly back
to Holland to get a new passport.
— May 11, 2003: Allenby Bridge Border Crossing—9
French, Italian, German, Spanish, Irish and British participants
in the European Commissions' European Voluntary Service program
denied entry at Allenby Bridge.
— May 10, 2003: Tel Aviv Airport—Ford
Foundation Senior Program Officer (British citizen) denied entry
at Tel Aviv international airport.
VISAS
In addition to denying entry at border points, the Israeli
authorities have consistently restricted the issuance of working
visas for internationals working or volunteering with organisations
providing services in the Occupied Palestinian Territories. At
any given time, there are an estimated 400-500 international INGO
staff operating in Israel and the West Bank and Gaza. In the beginning
of 2003, AIDA conducted a survey of 32 INGOs and found that 95
staff were without working visas, 26 had working visas that would
expire in the next 6 months, and that during a period of 6 months,
eight staff was denied entry to Israel (in most cases) because
they arrived without a working visa. It can be appreciated that
the majority of the 80 INGOs working in the West Bank and Gaza
cannot function unless their international managers are present
in country.
For the first six months of 2003, the Israeli Ministry of
Interior (MOI) did not issue or renew B1 working visas to international
staff of humanitarian, development and human rights organisations.
No explanation was provided, and no announcement regarding any
new procedures or criteria was made. Major difficulties in receiving
B1 work visas were first reported in mid-2002, corresponding with
the Israeli military offensive, Operation Defensive Shield (March/April
2002). In some instances, B1 work visa applications were refused.
No grounds for refusal were given in most cases, while in some
cases the grounds for refusal was that the ministry does not issue
visas to internationals who work in the OPT even if they are based
in Jerusalem and their organisation is legally registered with
the Israeli government. In most cases, individuals were told repeatedly
over a period of many months to return within a few weeks. The
process left tens of internationals operating in Israel and the
OPT without a valid visa for many months which restricted their
movement to Jerusalem only. In some cases, for international workers
with Arab names or origins, this situation has continued for more
than a year.
Many INGOs are unable, for various reasons, to obtain B1
working visas from the Israeli government. Some organisations
are registered with the Israeli Ministry of Foreign Affairs or
Ministry of Labor and Social Affairs and were able to obtain visas
without much difficulties prior to mid-2002. Other organisations,
including international staff of Palestinian humanitarian, development
or human rights organisations, have no access to these processes
and are forced to work in the OPT on tourist visas which are problematic
as detailed below.
In denying or delaying issuance of work visas, many internationals
are forced to work on tourist visas issued at border controls.
This is extremely problematic for several reasons. Firstly, tourist
visas are issued by Israeli immigration at border controls for
maximum of three months and are often arbitrarily issued for shorter
periods. Secondly, the refusal to issue a tourist visa and therefore
the effective denial of entry to Israel, and consequently, the
OPT, is an easy and common process. Thus, in forcing increasing
numbers of international staff to work on tourist visas greatly
facilitates the ability of the Israeli authorities to deny entry
to Israel, including for passage through to the OPT, to international
humanitarian, development and human rights workers. Thirdly, access
to Gaza Strip and areas in the West Bank through Israeli-controlled
military checkpoints have in some cases been denied to those not
holding a valid work visa but who hold a tourist visa, without
any explanation given by the Israeli authorities to whether there
exist a policy to allow access only to those who hold work visa,
UN service visa or diplomatic visa.
Legal Background
The issue of visas for INGO and NGO staff is linked directly
to the issue of INGO registration, status and visibility. Since
the NGO Law of the Palestinian National Authority (PNA) was passed,
there is a legal framework for INGO action in the PNA controlled
areas of the West Bank and Gaza. But the status of international
NGOs in relation to the Israeli authorities is still to be regulated.
As Israel is the Occupying Power (under International humanitarian
law) and controls entry to the Palestinian Occupied Territories,
international NGOs have necessarily relied on the Israeli authorities
(namely the MOI) in order to facilitate their access to the Palestinian
population. Attempting to use International law as a framework
for a formalised status agreement with Israel is problematic as
Israel does not recognise the 4th Geneva Convention—claiming
there was no sovereign state in 1967. Special privileges for international
organisations (including NGOs) can be granted under Israeli domestic
law not international law[57].
In previous discussions with the Israeli authorities and also
the IDF, international NGO's are here because the Government of
Israel (GOI) "permit" their presence. The implication
being that if the GOI no longer "permit" this presence,
they will be forced to withdraw. This is legally correct but politically
unfeasible. It also explains the problematic relationship that
NGOs have with the Ministry of Interior and the consistently weak
negotiating position.
A number of ad hoc initiatives have been implemented by donors
and at diplomatic levels on behalf of INGOs/NGOs, but these efforts
have failed to result in the establishment of a clear and transparent
system for issuance of visas for INGO international staff.
ENTRY TO
THE GAZA
STRIP
Access for internationals employed by humanitarian, development
and human rights organisations, within the OPT is also increasingly
restricted by the Israeli authorities. In particular, access to
the Gaza Strip has been extremely problematic in 2003.
Access to the Gaza Strip is through the Erez checkpoint located
on the northern border with Israel and the Rafah Terminal along
the border with Egypt. Erez crossing has progressively expanded
over several years into a full border control with permanent structures,
security and other facilities. The main Israeli military base
for the Southern Command which includes the Gaza Strip, is also
located at the Rez crossing. The Erez crossing is used by all
internationals seeking access to the Gaza Strip from Israel, or
the West Bank and East Jerusalem[58].
May 2003 witnessed unprecedented restrictions on access to
the Gaza Strip for internationals from all sectors, including
UN staff, journalists, diplomatic passport holders, and INGO/NGO
staff. For at least 9 days, the Erez crossing was closed to all
internationals except those with diplomatic passports. For INGOs,
Erez was closed for more than 4 weeks. Passage across Erez remains
subject to security checks and many international staff continue
to report being denied entry/ exit to the Gaza Strip.
Restricted Access
Following a suicide bombing by a British national (the equipment
carried by the second bomber had reportedly failed to explode
and his body was later found drowned off the coast of Tel Aviv)
on 30 April 2003 in a beach-front bar in Tel Aviv, the Israeli
military immediately began to impose delays on access for internationals
through the Erez crossing. For several days, internationals, including
UN staff and diplomatic passport-holders were made to wait for
prolonged periods, often for up to 9 hours before being allowed
to cross into, or out of, the Gaza Strip. No official and explicit
explanation was provided for these delays and no warning of extra
time required for crossing was issued. Unofficial sources stated
that the delays were incurred by extra security checks of each
international each time they passed through Erez. Access was effectively
denied on many occations during this period as staff were delayed
for so long that they returned either to the Gaza Strip, the West
Bank, East Jerusalem or Israel.
Denial of Access
According to information collated by the UN Office for the
Coordination of Humanitarian Affairs (OCHA), the first international
staff member was denied entry to the Gaza Strip on 5 May. On 8
May, the Israeli military authorities at Erez crossing first issued
a disclaimer to be signed by all international seeking to enter
the Gaza Strip. This disclaimer required detailed personal information,
including contact information in the Gaza Strip. The disclaimer
declared that the Israeli military could not guarantee the personal
safety of internationals in the Gaza Strip and could not accept
liability for "death, injury, or damage/loss of property
incurred as a result of military activity". The disclaimer
further laid down conditions on internationals in the Gaza Strip,
including prohibited access to the "Military Installation
Area", along the Egyptian border—the Rafah area; and
to "Closed Military Zones" which apparently included
areas next to the border fence with Israel, Israeli settlements
and settlement roads.
The final element of the disclaimer is a declaration to the
effect that the signatory agrees to abide by the conditions prescribed
by the Israeli military on access to certain areas, and that "failure
to do so may lead to arrest and/or expulsion from the Gaza Strip
and/or the territory of the State of Israel". The declaration
clearly stated that the signatory "accepts that the Government
of the State of Israel and its organs cannot be held responsible
for death, injury, and/or damage/loss of property which may be
incurred as a result of military activity". The signatory
was also forced to declare that they would not "disrupt"
Israeli military operations and that they have "no association
with the organization know as ISM (International Solidarity Movement)
nor any other organization whose aim is to disrupt IDF operations".
Access to the Gaza Strip was conditional on signing this disclaimer.
The same day, the Israeli military also reduced the opening hours
of the crossing from 24 hours, to between 0800 and 2000 hours
each day. Most humanitarian, development and human rights organisations,
both international and local, refused to sign this document.
From late on Friday 9 May 2003, no internationals working
for international and local non-governmental organisations, including
those with work visas issued by the Israeli Ministry of Interior,
were permitted entry to the Gaza Strip. Again, no explanation
was given and no warning had been issued prior to the implementation
of this decision.
On Sunday 11 May 2003, the Israeli military authorities closed
the Erez crossing for all internationals, including staff of UN
and other inter-governmental agencies, and journalists.
Access for a limited number of named internationals employed
by named international organisations were permitted access through
Erez crossing from 17 May 2003. The Israeli military authorities
had prepared a list of internationals with certain organisations
and only those internationals who had been included on this list
were permitted access through Erez crossing. Since this list contained
almost exclusively staff of certain inter-governmental agencies,
large numbers of staff of international and local non-governmental
organisations continued to be denied entry. The closure for internationals,
including those from UNAIS, whose names were not included on
this list continued until Monday 26 May 2003.
UN and INGO Action
UN agencies and other international organisations issued
repeated public statements regarding the impact of the restricted
access to the Gaza Strip on their work. See attached press release,
Annex I. Many of organisations reported spending a significant
amount of working time on dealing with access issues for staff,
including access into Israel, through checkpoints, and on visa
issues. In light of these unprecedented restrictions, AIDA organised
a convoy of vehicles to the Erez crossing with the purpose of
demanding free and fair access for all to the Gaza Strip. On 26
May 2003, AIDA representatives handed a letter protesting restrictions
on access to the Gaza Strip to Captain Joseph Levy, Head of Foreign
Relations for the District Coordination and Liaison Office at
Erez. Captain Levy gave a verbal statement that internationals
had been permitted access for several days previously (which was
not consistent with INGO and NGO experience) and could cross that
day if they wished.
Since 26 May, internationals have been permitted access to
the Gaza Strip, including those with tourist visas. However, the
list of named individuals and organisations remain in existence;
passage, including for those on this list, is still subject to
delays and some internationals have continued to be denied access.
In one particularly disturbing incident, during an attempt to
enter the Gaza Strip on a routine visit, an international staff
member of World Vision was detained for 9 hours on August 12,
2003 at the Erez checkpoint and was subject to extensive questioning
and security checks by Israeli security services, before being
permitted to exit the crossing and return to Jerusalem. A second,
shorter version of the waiver form continues to be presented to
some internationals seeking to cross into the Gaza Strip whose
entry has been conditioned by signing the disclaimer.
ATTACKS ON
STAFF
The security of staff of humanitarian, development and human
rights organisations is essential in ensuring the provision of
services to the Palestinian civilian population. However, since
the beginning of the Intifada in 2000, attacks by Israeli soldiers
on international staff of local and international organisations,
including UN and diplomatic staff, have increased. Increasing
levels of violence against international and local staff of humanitarian,
development and human rights organisations, which have included
fatal shootings and injuries, have escalated particularly in 2003.
Aside from these instances of killing and injuries, perhaps most
disturbing is the regularity which which physical and verbal harassment
of staff, including threatening with guns, by Israeli soldiers
at military checkpoints throughout the West Bank and Gaza Strip
has become routine. The following are examples of major incidents
reported to AIDA during a sample period of 5 weeks—from
29 March to 5 May 3003[59].
— May 5, 2003: Abu Holi Checkpoint, Gaza
Strip—Israeli forces opened fire above a British embassy
convoy and held it at gunpoint in Gaza while it was carrying diplomats
and the family of an English peace activist left in a coma by
an Israeli bullet.
— May 2, 2003: Southern Gaza Strip—British
television cameraman, James Miller, is killed by IDF fire in southern
Gaza, confirmed in May 8 autopsy report by Israel's National Forensics
Institute. (Source: Israel radio May 7, 2003:)
— April 11, 2003: Rafah, Gaza Strip—Thomas
Hurndall, a photojournalist student covering ISM activities (and
an ISM activist) is shot in the head by the IDF, critically injured
and in a coma.
— April 2, 2003: Gaza Strip—IDF
opened fire on a convoy of 5 INGOs delivering food aid to al-Mawasi.
Eleven incidents of shootings at foreign nationals took place
during this period involving one diplomat, one journalist, two
peace activists and INGO personnel. One person (British citizen)
was killed, and 2 injured. During the same period, ICRC and UN
delegates had also been fired upon. In the same period, there
were four incidents of INGO staff held at IDF gunpoint, in addition
to seven known similar incidents with the UN.
CONCLUSION
The ongoing restrictions on access for internationals to
the Gaza Strip, in particular, and the OPT in general, and the
increasing instances of violent attacks, harassment and abuse
of international staff by Israeli soldiers and other state agents,
have impacted on the level and quality of services provided to
Palestinians civilians in the OPT, including in respect of food
and aid distribution, medical services, human rights protection
etc. As a result of the closure in May 2003, at least two International
NGOs were forced to temporarily suspend their operations in the
Gaza Strip and the services provided by many agencies were forcibly
reduced. The increasing levels of violence targeting internationals
further restricts the provision of essential services by humanitarian,
development and human rights organisations. The results of access
restrictions and increasing violence by the Israeli military come
at a time when the humanitarian and human rights situation for
Palestinian civilians in the OPT is possibly at its worst point
ever. The impact of the ongoing illegal Israeli military occupation
of the Gaza Strip and West Bank, including Jerusalem, and the
military policies and measures employed in the maintenance and
expansion of this occupation, have resulted in an ever-deteriorating
economic, social and political crisis. The closures policy, preventing
free movement of Palestinians and goods, has in particular directly
resulted in rising unemployment and poverty levels. As a result,
increasing numbers of Palestinians are now reliant on aid distribution
from international organisations, including the UNRWA and World
Food Programme (WFP).
In addition, these restrictions on entry for internationals
from all sectors can be viewed as part of a policy of restricting
international attention on the deteriorating situation for Palestinians
in the OPT, in particular Israeli military operations in civilian
areas such as house demolitions, and killing and injury of civilians.
The denial of access for internationals to areas of the OPTs by
the Israeli military and government seeks to prevent international
observation of the realities of life under occupation. Increasing
attacks on internationals since autumn 2002, including the killing
of UNRWA employee, Iain Hook; solidarity activist Rachel Corrie;
cameraman, James Miller; and appear to reflect this policy of
removing international witnesses to the Israeli military operations
on the ground in the OPT.
Furthermore, IS and PCHR have obtained no information to
suggest that in the cases of killings and injuries of internationals,
the Israeli military has conducted a full and independent investigation
in accordance with international standards. We are also unaware
of any appropriate disciplinary or other punitive measures taken
against any individual responsible for attacks on internationals,
including staff of humanitarian, development and human rights
organisations. We are further concerned at the increasing arrest,
detention and/or deportation of internationals from the OPT. Many
of these internationals belong to solidarity and civil society
movements who seek to provide non-violent protection for Palestinian
civilians and to provide first-hand information on violations
of Palestinians rights to the wider international community.
The imposition of these restrictions on international aid
workers and human rights defenders, in particular, can be viewed
in the context of the global trend of increased restrictions on
human rights defenders in the name of "security"[60].
As detailed in this paper, these restrictions on access to the
OPT in general and specific areas of the OPT are generally based
upon alleged "security" concerns. However, a recent
statement reportedly made by the Israeli Foreign Minister, Silvan
Shalom, reflects the wider policy of restricting human rights
defenders in particular. In May 2003, the Foreign Minister was
reported as stating that "Palestinians who have carried out
attacks hide in human rights offices" and that "most
human rights offices in the West Bank and Gaza Strip provide shelter
for Palestinian terrorists"[61].
This statement seeks not only to undermine the credibility of
Palestinian human rights organisations, but also those international
human rights organisations and individual international human
rights defenders who work in close cooperation with their local
partners in the OPT.
RECOMMENDATIONS
IS and PCHR calls upon the Israeli government and military:
— to immediately provide free and unrestricted access
for all in the Occupied Palestinian Territories;
— to ensure that access through the Erez crossing
and other military checkpoints in the OPT is available 24 hours
a day and not subject to arbitrary and prolonged delays;
— to fulfill its obligations under international
humanitarian law to ensure free access for humanitarian and other
organizations providing key services to the Palestinian civilian
population in the OPT;
— to immediately cease all attacks on internationals,
including journalists, humanitarian, development and human rights
workers in the OPT;
— to immediately cease all violations of international
human rights and humanitarian law in the OPT against Palestinian
civilians.
IS and PCHR further calls upon the International Development
Committee and the British Government:
— to ensure Israel's fulfillment of its legal and
moral obligations, including in respect of access for international
staff members of humanitarian, development and human rights organizations,
including through the imposition of equivocal measures on access
to other states.
Annexes were also submitted with this written evidence.
These have not been printed but copies have been placed in the
Library.
Annex I and II—Press Releases signed by AIDA members.
Annex III—"Life Before and After the Road Map".
August 2003
52
All PCHR publications, including the regular closure update, are
available in English and Arabic on PCHR's website at www.pchrgaza.org. Back
53
Pictet, J, Commentary, IV Geneva Convention Relative to the
Protection of Civilian Persons in Time of War, ICRC, Geneva,
1958, p 97. Back
54
Ibid. Back
55
See OCHA, Humanitarian Monitoring Report, Commitments
made by the Government of Israel to Ms Catherine Bertini, Personal
Humanitarian Envoy to the Middle East for the Secretary General,
April 2003 (www.reliefweb.int). Back
56
Declaration on the Right and Responsibility of Individuals, Groups
and Organs of Society to Promote and Protect Universally Recognized
Human Rights and Fundamental Freedoms. UN Doc. A/RES/53/144, 8
March 1999. Adopted by General Assembly resolution 53/144. Back
57
Pressure can be applied from the IHL framework-ie the Occupying
power is responsible for humanitarian supplies to the local population
and therefore pressure can be applied on Israel to facilitate
the provision of humanitarian aid. But even when a duty does exist
there is a caveat at the end stating "to the best possible
way given the security . . .". Back
58
Access to the Gaza Strip through the Rafah Terminal border crossing
with Egypt is also highly restricted as detailed in the previous
section on access into Israel. Back
59
Incidents are recorded in AIDA Security Committee reports which
are available upon request. Back
60
For an analysis of recent trends regarding restrictions on human
rights defenders by states, please refer to the report of the
Special Representative of the Secretary-General on human rights
defenders, Ms Hina Jilani, UN Doc. E/CN.4/2003/104/Add.1, 20 February
2003. Back
61
As reported on Yediot Ahronot's Arabic website, www.arabynet.com,
21 May 2003. Back
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