Select Committee on International Development Minutes of Evidence


Examination of Witness (Questions 240-259)

MR DAVID SHEARER

28 NOVEMBER 2006

  Q240  Chairman: Has anybody recorded anything—and you have given us anecdotes and so forth? The Israeli Government, when we passed some of these comments on to them, said, "We get lots and lots of accusations but if people give us detail chapter and verse we will accept some responsibility," and it seems to me that it would be helpful if they were given that opportunity.

  Mr Shearer: There are two things that need to happen on the Israeli side. I acknowledge that you have to give them the anecdotes or the examples, but if you give the examples there will be a phone call made and just that one example will be sorted out. I think they genuinely want to fix that, obviously. The other side—and what we try to do in our office—is to record the totality of what is actually happening as a bigger picture and monitor the numbers. That points to a bigger trend of which the anecdotes are an illustration, and I think the two go together.

  Q241  Ann McKechin: When we were in the West Bank we did get evidence that rather than people being able to go to the public clinics, which were closed, they were actually going to clinics that were operated by Hamas, which had a full supply of drugs. I wondered whether you had any experience of that or whether you had any indication of to what level Hamas are operating a separate health service from the public service, because I noticed in evidence we have just received this morning that shipments of medications and immunisations from Egypt into Gaza, Israel has basically blocked these. They have had to be transferred to Jordan and from there onwards to the West Bank, but obviously they cannot get from the West Bank down to Gaza because of restrictions. Again, do you have any information as to where those shipments are going? Are they going to public clinics, private clinics or to clinics which are operated by Hamas?

  Mr Shearer: Again, the health clinics, two-thirds of them in the West Bank, anyway, are government, or Palestinian Authority, and the others are a collection of private ones. In the Palestinian situation many of these private clinics are affiliated to a political party—and it is not just Hamas actually, it is also Fatah and some of the other organisations also have their own clinics. Hamas, in a way, through the Islamic network, has perhaps the strongest, particularly in Gaza, and it is one of the key points, if you are looking at the election victory in both the municipal and the national elections, that Hamas capitalised on, the fact that they did have these clinics on the ground and they were operating. The private clinics are now operating to a much larger extent than the public ones. That is basically across the board because they are all getting independent funding through a variety of different sources—I do not know exactly where Hamas are getting their funding from. It is not a question of Hamas and no other, it is more the fact that the private clinics are working and the NGO clinics are working and the public are not—in the West Bank. In Gaza the public system still functions and UNRWA clinics are operating plus the private clinics. So, it is a much rosier picture there than on the West Bank.

  Q242  Ann McKechin: The issue of these private clinics, if they are affiliated to political parties as you are saying clearly muddies the water about trying to separate health as a special case, because it almost sounds as though it is in Hamas's interest for the public sector not to work so that they can then be seen as the alternative service. It just seems to me a very unfortunate line that we have political parties operating clinics, which have no agreement to subsume these into the public service at some point.

  Mr Shearer: This has been a tradition that has been going on for quite some time. It is not just political parties; obviously, there are ordinary welfare NGO-types as well. I would not go to the next step and say it is in Hamas's interests to collapse the public sector because frankly everybody is looking at them as being able to deliver as a government, or as an authority. However, having said that, many Palestinians perceive at the moment that the reason Hamas cannot deliver on the public side is because if Israel and the West are withdrawing funding, then they are powerless. They have the excuse of not being able to deliver, but are delivering through their own system and they could capitalise on that. I am not trying to get into the politics of it but that is one possible implication of that.

  Q243  Richard Burden: You have mentioned the impact of movement and access restrictions on access to healthcare. Could we explore more broadly movement and access issues, particularly talking about the West Bank? One of my colleagues will mention Gaza in a while. Towards the end of 2005 there was an Agreement on Movement and Access reached and also we are often told by the Israeli Government that their construction of the barrier has dramatically reduced the number of incidents in the West Banks, attacks and so on. In other words, the security situation in the West Bank has eased very considerably in recent times. If that is the case one would therefore predict, presumably, that the number of movements and access restrictions generally, in response to those two things, would, at the very least, stay the same or go down. Can you tell us what has happened?

  Mr Shearer: The Access and Movement Agreement was a year old about two weeks ago, and we have a report coming out—and it might have come out while I have been here, or will be coming out tomorrow.[2] It is a `one-year on' look at access and movement across the six criteria, which was set up on 15 November agreement last year. The figures are there. There have been some discussions and there has been more of a willingness, certainly on the US side and to some degree on the Israeli side, to look at the access and movement situation in the West Bank again. We have been providing some analysis of the situation in the West Bank over the last few weeks. One of the interesting things that we are concluding at the moment is that in the West Bank the situation essentially is that the settlements are key to the movement around the West Bank. There are round about 160-odd settlements in the West Bank—including Jerusalem there are about 420,000 to 430,000 settlers living in those. The growth rate of those, from what we understand, is 5 to 6% a year. In addition to that, there are 100-odd outposts, give or take a handful, which are essentially attached to mother settlements. With the exception of only a very few they all butt out from settlements, and they are not just plonked in the middle of nowhere. The roads that lead to those settlements are the biggest impediment to Palestinian movement. The settlements cannot survive without having roads through to Israel, and obviously those roads need to be free from security incidents. So the protection of those roads has become, from what we have been able to see, one of the key aspects of restricted Palestinian movement. The number of roadblocks and checkpoints has gone from 376 around the time of disengagement, or just after, very close to the signing of the Access and Movement Agreement, to around about 530-odd now. It goes up and down but the general trend is upwards. Pretty much all of those blocks lie on the roads that lead to settlements—90-something per cent of them. In other words, if a road is running to a settlement it is usually blocked for Palestinian traffic. That means that the roads are either completely free for Israeli settlers only or they have some form of restrictions for Palestinians to move along, but Palestinians are restricted in terms of the permit they are allowed to get on to those roads. Those roads generally lead through checkpoints, so people are checked. What that has done is chopped up the West Bank into at least ten different pockets, and perhaps more, in which the only way you can cross an Israeli road, which effectively run east-west, is either through a checkpoint or via a tunnel or an underpass, which has been constructed to go under those roads to minimise the friction of the contact between Palestinians and Israelis. That means that essentially, for example in the case of Hebron, you can close down Greater Hebron with, say, four or five patrols that close off the tunnels and a couple of checkpoints and that is essentially Hebron closed off. So the pockets are highly regulated in the sense of being able to move between one and the other. The other aspect of the closure regime is the permits. There are four different types of permits: permits on people, permits on private cars, permits on commercial cars and on public transport commercial trucks and public transport. People are restricted from going across the barrier into the area between the Green Line and the barrier—they need a permit to do that. And we are noticing that 60% of land-holders on the western side of the barrier are now having difficulties or are unable to get across the barrier. 80% of people who are not land-holders, and this is increasing, are not being given a permit to get across. So it is becoming increasingly unviable for people to be able to farm the area to the west of the barrier. Another area of permits is males between the ages of 15 and 35, who are living in Nablus. Last Wednesday it changed, and it has been changing on and off, but males between 15 and 35 have not been able to leave Nablus without a permit. That age group also changes and occasionally it gets lifted, as it has been at the moment, and I am not sure what exactly the status is today. A third place where you have to have a permit is to get into the Jordan Valley. The only Palestinians allowed to live in the Jordan Valley are people who have residence there, in terms of resident cards, or have a permit to enter, and generally that permit is only given to work at an Israeli settlement in the Jordan Valley, and occasionally, for some people such as teachers and doctors. Other than that, if you have land in the Jordan Valley and you happen to live in, say, Nablus, then you cannot get a permit to visit. The fourth place with a permit requirement is obviously Jerusalem—to get into Jerusalem now you need a permit. The other place that is severely restricted for people is into parts of Hebron; to Tal Rumeida in the settlement in the middle of Hebron, if people want to go in and out there are also heavy restrictions. In fact we cannot go into that area without co-ordinating first with the IDF to go in. We used to be able to, but we cannot do so any more. For private vehicles it is heavily restricted—there are some checkpoints where you cannot use private vehicles, you need a permit. It has been a while since I looked at this, but I think only 15% of private vehicles can go via checkpoints. For commercial and public vehicles, it is much easier, but still there are some places which are out of bounds for which a special permit is needed. Indeed, the permit regime is quite complicated in terms of where you can go and where you cannot go and how you get the permit and how you do not get the permit, et cetera, and how long it lasts for. So the movement around the West Bank, if you are looking at the economy and the ability to move to services, is highly fractured and it can be locked down and closed down in a moment. When we were speaking to the Israeli Ministry of Defence we have said that from the IDF perspective, this regime has worked, in addition to the barrier. Just a word on the barrier, I think even the Israelis would also say that the barrier of itself has not stopped the number of suicide bombers, which is much, much lower this year—there were two or three this year. If the barrier has been successful, the question is not whether it has been successful or not. It is instead where the barrier is located and why it should therefore not be on the Green Line to stop people coming into Israel. The IDF say that this closure regime has worked, that the number of security incidents has dropped. The question that we ask essentially is at what cost and how viable is the West Bank as an economic entity if it has been chopped up into so many bits and pieces? We have given them that analysis and said that we do not think that this is a sustainable solution, but we are not security experts so it is for them. I am sorry, it is a very long-winded answer to your question, but I felt it was important to put it on record.

  Chairman: I think it is very helpful.

  Q244  Richard Burden: You have talked about settlements as being an essential part of the building blocks of the network that you are talking about. Could you just say something about what is the likely impact of the pattern that you are talking about if the construction of the E1 development goes ahead? As you say, you are not a security expert, but from an economy and poverty point of view could you also say something about the impact of the changes in movement and access restrictions on poverty and the economy of the Palestinian territories?

  Mr Shearer: On the E1 settlement plan, it is a plan for the construction of about 3,500 housing units in a critical area of the West Bank, and basically it essentially joins Ma'ale Edumin, one of the biggest settlements, east of Jerusalem, with Pisgat Ze've, with the rest of the settlement block in East Jerusalem. Its impact is quite profound because it is the only route, currently the north-south route, for Palestinians moving past Jerusalem. They used to, before 2000, travel through Jerusalem but they are no longer able to do that. Now they travel around the barrier—and pass through between Ma'ale Edumin and East Jerusalem. That is where the E1 plan will go in. So essentially it is the last cork in the bottle which would impede Palestinian movement north-south. It is also extremely strategic from the point of view of movement east-west, particularly from the Jordan Valley through to Jerusalem because Ma'ale Edumin sits on one hill and the E1 sits on the other, and the road that comes up from the Jordan Valley into Jerusalem runs through the Valley. So essentially it is a component and quite an important building block as part of a ring of settlements surrounding Jerusalem, which has been talked about in Ariel Sharon's book. At the moment no development is taking place, and I think it is important to point that out. There has been a police station constructed on it but there has been no other construction and, from what we understand, there has been pretty solid US and EU opposition to any further construction in that area, so as far as I know nothing else has taken place. In terms of the economic and social impact, I mentioned some of the impact of movement restrictions in terms of health. The World Bank has done all sorts of studies on this. The economy relies on the movement of people and goods for its success, and at the moment we do not have those ingredients. You cannot have optimal economic development in a situation where people cannot move freely. Some of the most important areas, Nablus, some of the most fertile areas, which are west of the barrier, around Qalqilya, Tulkarm, around that area, are becoming less accessible, and obviously the major commercial area of Jerusalem; and lastly some of the important commercial areas of Hebron—the old city of Hebron is pretty much a ghost town now.

  Q245  Ann McKechin: In June 2004 the Israeli Supreme Court instructed a change in the separation wall or barrier and its route, admittedly for only 30 kilometres of its length, and I wondered what has been the impact of the change of the route in terms of the perception by the settled community or in terms of the Palestinians living in that particular area?

  Mr Shearer: There have been two big court cases. I think there was one in 2004, which I think is the one you were talking about, around the Izbat Al-Ashqar area and the one was in the north was around Alfe Menashe. In both of those cases the High Court essentially said that the security needs or concerns needed to be balanced with the humanitarian impact on Palestinians, and therefore they asked for the barrier to be shifted. It has been shifted slightly more to the Green Line; it has allowed some Palestinians to reach some additional land, but in the bigger picture it is pretty insignificant, frankly. We are talking about a length of fence that has been shifted but if you look in terms of the area it has not changed the area or really moved to the Green Line more than half a kilometre, maybe a kilometre.

  Q246  Ann McKechin: So there is no real anticipation that the Israeli judicial system will deliver any more significant concessions on where this wall or barrier is actually situated?

  Mr Shearer: No, I do not think so. This last case—and I am no lawyer—which dealt with Alfe Menashe was pretty comprehensive because it dealt with the International Court of Justice ruling, and it certainly, I think, made the IDF think more acutely about what the impact was going to be, and I think it has probably influenced that. But I do not think it is going to make a significant difference, and I think the most important issue about it was that it came to the conclusion that the barrier was legitimate to protect Israeli citizens, but it did not address the issue of where those citizens were living. The fact that they were living in settlements, because the barrier effectively goes around the settlements. 83, 84% of settlers live west of the barrier.

  Q247  Chairman: How do the Israelis express their argument that they have a right to build a barrier to secure Israeli settlements that are plainly illegal settlements? How do they square that circle?

  Mr Shearer: The question really is what is illegal. They do not address that issue. This is coming from a non-lawyer, but my understanding of it essentially is that to say that if the settlements are declared illegal by the Supreme Court, it would essentially challenge the whole executive nature of government, which it has essentially said that it is legal. So it would be an extremely profound decision, and what it has done is not ruled on the legality of the settlements but only on the Israelis who need to be protected.

  Q248  Chairman: A major chasm between Israel and the international community?

  Mr Shearer: Exactly, yes.

  Q249  Joan Ruddock: I would like you to take us through, in the way you have with the West Bank, what is happening in Gaza in terms of restrictions. You have spoken a great deal about people movement. One of the things that shocked me, and I suspect most others, is the whole history of the greenhouse takeover in Gaza and how crops were produced very successfully, markets were achieved, contracts were sealed and then the goods could not be got out of Gaza. It would be good for us to know, in terms of the Karni Crossing into Israel and also Rafah, of course, into Egypt, the extent to which there is movement and the extent to which the economy of Gaza is affected by restrictions on movement. You may have heard the interesting question and discussion with the EU representative about the fact that we have had disengagement of Israel from Gaza in terms of settlements going out, forces going out, but effectively occupation remaining because of what we understand to be frequent sealing of the borders. Could you take us through that?

  Mr Shearer: In terms of the access side of things in terms of Gaza, perhaps to deal with that question you were raising of the greenhouse production last year, one of the things in the Access and Movement Agreement was the free movement of those goods to markets outside of Gaza. Only a very small fraction of those goods actually got out and the development corporation that was involved in that lost about $600,000 a day and lost about $30 million over the harvest time. We heard last week that it had decided not to replant this year because they felt that the risk was too great, that they would be in the same situation again. So that is a major blow because there are about 4,000 workers involved in that as well according to some of the calculations we have done for the last year. The workers crossing into Israel stopped effectively in March. Perhaps I will go through the border crossings first. The main group is the workers, and since March around 2% of the Palestinian population—it used to be 30,000 Palestinians prior to the Intifada and it has been progressively dropping and it was at its lowest last year, and it ended up being about 3,000 to 4,000 at the end of last year, and now that has stopped completely. Going through Erez for us is always problematic, we are often subject to long delays; there have been restrictions on UN people being able to move through in vehicles. We have been negotiating with the Israelis on that, but part of the problem seems to be that a private company has taken over the operation of Erez and now our ability to influence the operations have become less because our contact is with the IDF and the IDF then have to negotiate with the company, so it has become more problematic. Karni is the major commercial operation, commercial crossing. At the beginning of this year there was a critical shortage of flour because Israel felt there were security threats on Karni. There was a large bomb at the beginning of 2005 that killed five or six workers in Karni. Karni closed periodically, so much so that there was a major shortage of wheat flour and a major shortage of bread inside Gaza. It was then opened, but it has operated fairly erratically. This is actually documented again in our one-year review of the AMA. What needs to happen is at least 150 trucks need to go through a day essentially just to keep the population alive. The capacity of it is up to 400-odd trucks a day, so there is quite a lot of extra capacity there, and it has ranged between 150, 250, 300—I do not have the exact average with me. On the export side, though, the average number of truckloads exported has been 12 a day. So 1.4 million people living in Gaza are able to export with 12 trucks a day. Sometimes during the harvest period it was pretty critical and there was virtually nothing coming out—four, five, six or something like that. The infrequency of the ability to export out has meant, as I said, that people have not replanted and many of the manufacturers based in Gaza have just closed down and moved to, in some cases Egypt and Sudan, as I understand, in some cases. Also some of the things were being produced for the Israeli markets, those suppliers have not bothered to renew contracts because they cannot guarantee supply. So it has been a huge loss to the Gaza economy, the fact that they cannot export out of Gaza. With regard to Rafah, Rafah was the one shining light in the AMA and it functioned extremely well, with European monitors being present in the Rafah terminal, and around about 800 or 900 Palestinians were moving backwards and forwards every day. Again I will not quote too many numbers because I cannot remember exactly, but they are certainly in our report. However, after the operation that killed two Israelis and captured Corporal Shalit that changed, and since the end of June Rafah has been open for 14% of its normal opening hours. Because of the real problem of movement that has meant that there has had to be a prioritisation of cases so often medical cases and other cases get priority, so ordinary Palestinians, Gazans, are having difficulty crossing in and out and wait for days and weeks to get the opportunity to leave or come in. Access has been a real issue. On the other side is the issue of sea access. Since June, up until about two weeks ago—or a little longer than that—the fisheries were closed as well so there were no fishing boats out, and that is also employment and protein for Gaza. It too has obviously had a very big impact on the Gaza economy situation.

  Q250 Joan Ruddock: I think we might assume, in all those circumstances, that there would be a very serious humanitarian crisis in Gaza. You said that there are difficulties with the UN even getting through Erez and earlier you said that there is no collection of statistics any longer effectively on health matters. Are you able to make any assessment of what the humanitarian situation is in Gaza? Are your people able to have enough contact to do that, or not?

  Mr Shearer: There is a very good report that UNRWA put out a few days ago—maybe last week—that looks at this and I think they have also done some analysis of what has been going on within Gaza. Gaza's poverty rate has jumped up as well, and expected to be around 79 to 80%, which means that it has more or less gone from a high level of 50 or 60 up to 79 in a matter of a few months.

  Q251  Joan Ruddock: How is that calculated?

  Mr Shearer: It is people living on less than US$2.10 a day. This comes to the whole idea of what is a crisis and it can be shown in the workforce. In Gaza, currently, there is 40% unemployment. You take off the 2% who used to work in Israel, you take off another 22% of PA workers who are not receiving salaries and you take off another 9% of people who have lost their jobs as a result of the contraction of the economy, and you are left with less than 30% of the population receiving any payment as a workforce. That is a pretty drastic situation, and really the difference has been effectively made up by aid, and a very limited number of payments from overseas coming through remittances. The situation is getting worse. I do not think we will see an African type of situation here because there is so much aid entering. The OPT receives per capita more aid than any other place in the world and it is a relatively low population and it is a highly urbanised and a quite sophisticated population. But I think what we will see is not starving children, but we will see people lacking in protein, people with vitamin deficiencies and that sort of thing. There is a whole bunch of different indicators showing poverty; for example, how many people can buy uniforms for their kids to go to school? These are indicators that we put in a monthly report called the Humanitarian Monitor, which looks at many of these things and that collects the UN plus the PA statistics and tries to make sense of the situation. But definitely things are going downhill and going downhill quite rapidly.

  Q252  Joan Ruddock: Do those reports contain any assessment of the mental health of people in Gaza?

  Mr Shearer: Not specifically. It does look at psychosocial factors—there is an element to that in there—and so it does monitor some in terms of what we think is going on, but it is a more difficult area to be able to assess, rather than hospital visits and things like that.

  Q253 Chairman: To finish on a couple of crunch questions that what we have heard leads to. Your evidence and the previous evidence says that we have a holding and not very sustainable situation, nevertheless we have also said that as a consequence of that collapse has been avoided. Does that not actually absolve Israel of its responsibilities as an occupying power? Are we not effectively letting Israel off the hook in terms of its responsibilities under international law as an occupying power?

  Mr Shearer: Yes. What effectively happened prior to 1993—it is a long way of answering this—Israel essentially ran the administration in the West Bank and Gaza. After the formation of the Palestinian Authority the Palestinian Authority took over many of the welfare functions for its people and the international community gave development aid of about half a billion dollars to the PA in order to help to develop that capacity. So in a sense Israel therefore was able to step backwards with the development of the Palestinian Authority into a government in waiting. Israel handed over the effective running of these welfare functions to the PA, so it stepped back from its responsibilities as an occupier. In 2000, at the beginning of the Intifada the international community doubled their aid, mainly through humanitarian aid. As the situation got worse, as a result of the security situation and the closures, et cetera, the international community increased its funding, and that is effectively what has been going on since. If you look at the TIM in relation to that, the only difference is that the TIM has replaced the PA in terms of funnelling money into Palestinians.

  Q254  Chairman: That means, first of all, that Israel is not paying the money that it would have had to pay, but also it kind of takes the pressure off a bit, does it not?

  Mr Shearer: Absolutely, and Israel as the occupying power under international law has the obligation to care for the welfare of Palestinians, not the international community. The international community has effectively taken that role on and continues to keep increasing its assistance. It does not absolve Israel's responsibilities, but definitely it means that Israel does not need to fulfil those obligations because the international community is doing it for them.

  Q255  Chairman: Or pay for them? It does not have to pay for them either.

  Mr Shearer: Exactly.

  Q256  Chairman: I guess Israel will argue that it is paying for security instead.

  Mr Shearer: The International Committee of the Red Cross had a very big food distribution and at the end of 2004 decided to end it. One of the two reasons was that they thought the acute crisis was over; and the second thing they said is that they did not want to be in the position of assuming Israel's responsibilities and paying for the occupation.

  Q257  Chairman: The final point is UNCTAD,[3] and we heard this when we were there, said effectively what was happening in the West Bank—and some of our questions have reflected that—is de-development, that where we move into a crisis situation in other parts of the world we do things like stimulate the private sector, improve the workings of public services, strengthen the police, and what we are seeing in the OPTs is restrictions on the private sector and the collapse of public services, real worries about how the police are being trained and funded. Would you call that de-development?

Reference?

  Mr Shearer: Yes, we are going backwards. The money that the international community has put into the Palestinian Authority to develop it, and I have to say, from places I have worked before, to a very high standard in terms of its education and its health. There have obviously been some problems but there have been some major achievements in the space of just a few years of the Palestinian Authority in terms of the quality of its health care and the education system. If you look at the Palestinians in terms of their literacy rate, 95 or 96%; their immunisation rate is better than the country I come from; it probably has more PhDs in its Cabinet, and a lot of other indicators. It is a remarkable success story, but it is going backwards at a rapid rate at the moment.

  Q258  Chairman: Are the donors in any sense responsible for that?

  Mr Shearer: One donor representative said to me recently that the aid was to support a peace process and as the peace process had stopped now there was no need for aid—that was a major donor. In a way that is true, aid has come to support the peace process, but I think the key thing is not looking at the aid and seeing what is wrong with the aid, it is really looking at what is wrong with the peace process and where the peace process is going. I think that is not in terms of donors, that is in terms of countries and how they engage with both parties to allow this situation to continue. If I can say a couple of final things. What is happening at the moment is that, in essence, a failed state has been constructed on Israel's borders and while we are trying to avoid failed states elsewhere one is essentially being created before our eyes. I guess the question is, what part does the international community want to play in its construction and what it is going to mean. The second thing is the most fundamental thing: it is an occupation and you cannot get away from the fact that this is in occupation and next year will be the 40th year of occupation; that has been forgotten. Professor Dugard, one of the UN human rights rapporteurs, said that this is one of the few places in the world where we effectively have sanctions on an occupied people that have just democratically elected their government. When you stand back and look at that it is possibly worth thinking of where we should want to go in the future.

  Q259 Chairman: I think those are apposite concluding comments and I think that is absolutely the heart of what we have to resolve in writing our report. Those are really helpful comments. I think all the information you have given as to the factual information on the ground has been crucial to our understanding and the fact that we have physically been able to see it. Thank you very much for coming here and giving us this evidence on the record.

  Mr Shearer: Thank you for the invitation.





2   The Agreement on Movement and Access: One Year on, United Nations Office for the Coordination of Humanitarian Affairs, November 2006. Copy placed in the Library. Back

3   United Nations Conference on Trade and Development. Back


 
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