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June 2015 UN: HUMAN RIGHTS SITUATION IN PALESTINE “DEEPLY ALARMING” From the deepening crisis in war-torn Gaza to the confiscating of Palestine land in the West Bank, Palestininans continue to suffer under the Israeli occupation. By Kanaga Raja Third World Network Features The human rights situation in the Occupied Palestinian Territory (OPT) is deeply alarming, said the UN Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967. The deep concern expressed by the rights expert, Mr Makarim Wibisono, came following a visit to Amman, Jordan from 9 to 12 June, where he had met civil society and Palestinian local community representatives, UN agencies and Palestinian government officials. [Meanwhile, an independent international commission of inquiry has reported that there has been serious violations of international humanitarian and human rights laws, amounting to war crimes in some cases, in the OPT, including East Jerusalem and occupied Gaza in the military operations conducted since 13 June 2014. [The Commission of Inquiry on the 2014 Gaza conflict, chaired by Justice Mary McGowan Davis, had been established by the UN Human Rights Council in July 2014 to investigate all violations of international humanitarian law (IHL) and international human rights law (IHRL) in the OPT, including East Jerusalem, and particularly in the occupied Gaza Strip in the context of the military operations conducted since 13 June 2014. [In a report released on 22 June, the Commission has said that it was able to gather substantial information pointing to serious violations of IHL and IHRL by Israel and by Palestinian armed groups, and that in some cases, these violations may amount to war crimes. The commission urged all those concerned to take immediate steps to ensure accountability, including the right to an effective remedy for victims.] According to a UN press release, the Special Rapporteur on the situation of human rights in the OPT was unable to access the OPT, as the Israeli Government has not granted him access and has not formally responded to his requests for access to Israel and the OPT. "The briefings I received reflect a situation that is deeply alarming. The crisis in war-torn Gaza is deepening. In the West Bank, including East Jerusalem, there are daily infringements of Palestinian rights as land is increasingly lost to illegal settlements," said Mr Wibisono. "Accounts show that occupation policies constrain Palestinian life and push Palestinians to leave their land and homes, especially in area C of the West Bank, and East Jerusalem," said the rights expert, following his second mission to the region. "Simply closing our eyes is allowing these practices to continue – the international community must ensure the promise of universal human rights no longer rings hollow to Palestinians," he underlined. The statement of the Special Rapporteur has come just as the UN Human Rights Council is holding its twenty-ninth regular session here from 15 June to 3 July. In his report to the twenty-eighth regular session of the Council earlier this March, the Special Rapporteur had said that the protection that international humanitarian law and international human rights law should be providing for civilians, including children, across the OPT is distressingly absent. It is especially deplorable that Palestinian children are suffering the brunt of occupation policies and practices of Israel, whether as a result of the blockade and hostilities in Gaza, the excessive use of force by Israeli security forces in the context of legitimate protests and peaceful demonstrations, the search operations in the refugee camps, or the abuse and ill-treatment in Israeli prisons, Mr Wibisono had said to that session of the Human Rights Council, which was held from 2 to 27 March. "If another round of deadly violence is to be avoided, the underlying problems perpetuating the conflict and the almost daily violation of the human rights of the Palestinian people must be addressed and those responsible brought to justice," Mr Wibisono had said. The Special Rapporteur had called on the Government of Israel, amongst others, to urgently lift the blockade of Gaza, "which constitutes a form of collective punishment that has a disproportionate impact on the lives of innocent civilians and children." He had recommended that the Israeli government conduct prompt, thorough, effective, independent, impartial and transparent investigations into all alleged incidents of killing of civilians during the hostilities, and make public the findings and any steps taken regarding accountability. The Special Rapporteur furthermore had called on Israel to cease immediately punitive home demolitions, and provide adequate compensation to innocent family members whose homes have been unlawfully demolished. His report to the twenty-eighth session had been based primarily on information collected during his first mission to the region, including to Amman, on 20 and 21 September 2014, and to Cairo, from 22 to 28 September 2014. Following his second mission to the region from 9 to 12 June, the Special Rapporteur has now reiterated his call for accountability for violations of international human rights law and international humanitarian law in the OPT. "Accountability is critical for dealing with past violations as well as preventing future ones," he said. "This includes accountability for violations in the context of successive Israeli military operations, including the 2014 hostilities in Gaza. It is the only way to move forward." According to the UN press release, with regard to the situation in Gaza, the Special Rapporteur heard how nine months after the ceasefire, of the some 12,600 homes totally destroyed during the 2014 hostilities, not a single one has been rebuilt in Gaza. Multiple factors affect the slow reconstruction in Gaza, including unfulfilled donor pledges. The rights expert said the blockade, now in its eighth year, imposes severe restrictions on Palestinian movement, imports and exports and has left Gaza dependent on international aid and with soaring unemployment. "The bottom line remains that, if Gaza is to recover from the damage wrought by multiple rounds of hostility and a shattered economy, the blockade must be lifted. The people deserve help and realisation of their human rights, not collective punishment," Mr Wibisono said. According to the press release, the rights expert was also briefed on the lack of access to health care in Gaza, where more than 11,000 Palestinians were left injured after last summer's escalation of hostilities. "Health services too are affected by the blockade. There are prolonged and chronic shortages of drugs and medical supplies," he said. The Special Rapporteur was also briefed on how the extensive damage caused to civilian infrastructure has worsened the provision of essential utility services. "One man described how ‘Gazans wake up every day to wash with salt-water and sleep at the end of the day without electricity' – People are deprived of the means to help themselves and they cannot leave – this is a very dangerous situation," Mr Wibisono stressed. In the West Bank, including East Jerusalem, the Special Rapporteur noted the interplay between Israeli control of natural resources, such as land and water, and advancement of Israeli settlements. According to the UN press release, Mr Wibisono was briefed on the scarcity of water for Palestinians, including farmers, while settlements enjoy up to 6-8 times the amount of water. "The impact of untreated sewage and waste from settlements on Palestinian crops and the environment is also concerning," he said. From Bedouin communities in the West Bank, to Palestinian homes in East Jerusalem, families live under the threat of settler violence, home demolitions and forcible transfer. "I would like to highlight the small village of Susiya. All of its 170 structures located in Area C, from homes to animal shelters, schools and latrines, are now at imminent risk of demolition. This includes structures donated as international humanitarian assistance," the rights expert said. Residents have been subjected to multiple waves of demolitions since an illegal Israeli settlement sprung up nearby the village in the 1980s, he added. "Occupation policies and practices go beyond control of land – they impact every aspect of life and wear heavily on the social fabric of communities," said Mr Wibisono. "Palestinians are kept apart by movement restrictions: Between Gaza and the West Bank, between the West Bank and East Jerusalem, and within the West Bank, including by the separation wall, which is illegal under international law." "The end result is that, if you are Palestinian, family and social life is dictated by the granting or refusal by the Israeli authorities of the right permit," the Special Rapporteur underlined. He also expressed concern over Palestinian deaths and injuries resulting from excessive use of force by Israeli security forces, including in refugee camps. "In addition to use of firearms, there are troubling accounts of how ‘crowd-control' weapons are used by Israeli security forces. Weapons such as tear-gas, cannot accurately be described as ‘non-lethal' – they can have serious health effects and in several cases have been used with fatal consequences," he said. With regard to the detention and imprisonment of Palestinians, including through the practice of administrative detention, the Special Rapporteur described the situation as one of justice turned on its head. "A high percentage of the Palestinian population, including hundreds of children, are detained by Israel every year and there are serious questions over lack of due process protections afforded under the military justice system," Mr Wibisono said. "On the other hand, there appears to be little legal consequence for numerous allegations of settler violence or excessive use of force by Israeli security forces against Palestinians." The Special Rapporteur also recounted his meeting with a youth group from the city of Hebron, which is severely affected by military checkpoints and settlements. Mr Wibisono said: "A young Palestinian human rights defender, who cannot walk freely in the streets due to checkpoints, emphasized that he bore no ill will towards the Israeli people and simply said: ‘The problem is the occupation'." According to the UN press release, the Special Rapporteur is expected to present his next report during the 70th session of the UN General Assembly this September in New York. – Third World Network Features. -ends-
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