04 2000 Ann Rep EN
04 2000 Ann Rep EN
04 2000 Ann Rep EN
* Protect human rights and promote the rule of law in accordance with international
standards.
* Create and develop democratic institutions and an active civil society, while
promoting democratic culture within Palestinian society.
* Support all the efforts aimed at enabling the Palestinian people to exercise its
inalienable rights in regard to self-determination and independence in accordance
with international Law and UN resolutions.
The Centre determined after a thorough legal assessment of the peace accords
signed by the PLO and the Israeli government that the occupation would continue
both physically and legally. According to these agreements Israel has redeployed
its forces inside the West Bank and the Gaza Strip, while Israeli settlements and
military installations maintain their presence in Palestinian territory. The major legal
aspects of the Israeli occupation remain in place. Israeli military orders that
safeguard Israeli control over the Palestinian people and their land remain valid in
accordance with the peace agreement. The Israeli military court is still functioning
and to this day thousands of Palestinians languish in Israeli prisons. The essential
elements of the Palestinian issue remain unresolved -- the right to self-
determination, the right to an independent Palestinian state with its capital in
Jerusalem, the right of return for Palestinian refugees, and the right to remove illegal
Israeli settlements from the Occupied Territories. All of these constitute basic
unfulfilled rights of the Palestinian people. In light of this wide-ranging disregard for
Palestinian rights, the Centre concludes it must continue its work to protect
Palestinian human rights from ongoing violations by the Israeli government and
courts.
The peace accords and the major political changes resulting from the agreement,
including the establishment of the Palestinian National Authority in part of the
Occupied Territories, has led to a vital and active role for the Centre in protecting
civil and political rights and in promoting the development of democratic institutions,
an active civil society, and a democratic legal system in Palestine.
Work Units of the Centre
The Centre is composed of specialised working units which carry out their activities in an
autonomous but integrated manner.
* Legal Unit
This unit is composed primarily of a team of lawyers who give free legal aid and
counselling to individuals and groups. The unit also carries out legal intervention
with concerned bodies and makes legal representations before courts in cases that
involve broad principles of human rights that affect not just the individual before the
court but the community as a whole. Furthermore, the unit attempts to support the
independence of the judiciary and the rule of law.
* The Library
The Centre has established a specialised legal library in subjects related to local
and international law, human rights, and democracy. The library includes books
and periodicals in both Arabic and English and includes all Palestinian laws and
Israeli military orders. Documents pertaining to laws of neighbouring Arab
countries are also available. Furthermore, the library includes a variety of books
and periodicals detailing the Palestinian question and the Arab-Israeli conflict. The
library is open for the free use of researchers, academics, and students.
Administrative Board
Raji Sourani
Jaber Weshah
Iyad Alami
Hamdi Shaqqura
Director General
Raji Sourani
The Palestinian Centre for Human Rights is an independent legal body dedicated to
the protection of human rights, the promotion of the rule of law, and the upholding of
democratic principles in the Occupied Territories. Most of the Centre’s activities and
interests concentrate on the Gaza Strip due to the restriction on movement between
the West Bank and Gaza Strip imposed by the Israeli government and its military
apparatus.
ANNUAL REPORT
2000
NARRATIVE AND
FINANCIAL REPORTS
INTRODUCTION......................................................................................................11
ANNEXES ................................................................................................................147
ANNEX (1): A LIST OF PALESTINIANS KILLED IN AL-AQSA INTIFADA FROM SEPTEMBER 29 TO
DECEMBER 31, 2000 .......................................................................................... 147
ANNEX (2): PALESTINIANS KILLED BY THE ISRAELI OCCUPATION FORCES FROM JANUARY 1
TO SEPTEMBER 8, 2000, BEFORE THE AL AQSA INTIFADA. ............................... 164
ANNEX (3) A TABLE OF THE AREAS AND LOCATIONS OF LAND RAZED BY THE ISRAELI
OCCUPATION FORCES IN THE GAZA STRIP, SEPTEMBER 28 – DECEMBER 30, 2001
........................................................................................................................... 168
ANNEX (4): A TABLE OF PALESTINIAN HOUSES ON AGRICULTURAL LAND DEMOLISHED BY
THE ISRAELI OCCUPATION FORCES FROM SEPTEMBER 29, 2000 TO DECEMBER 31,
2001 ................................................................................................................... 175
FINANCIAL REPORT ...........................................................................................179
Report 2000 of the Palestinian Center for Human Rights (PCHR)
Third, the report also includes the financial report for 2000. Its is
prepared by a professional auditing institution. The publication of the
financial report reflects our deep belief and our fundamental policy of
maintaining the transparency of PCHR as a non-governmental, non-profit
organization that provides services to the community.
INTRODUCTION
The year 2000 came to an end with a record of increasing Israeli human rights
violations and war crimes in the Occupied Palestinian Territories (OPT). The final
quarter of the year 2000 witnessed an unprecedented, continuous and systematic
escalation in the excessive use of lethal force by the Israeli occupation forces against
Palestinian civilians. According to PCHR’s investigations, in dozens of incidents
when Israeli forces killed Palestinian civilians, there were no threats posed to the lives
of Israeli soldiers. In all cases where Palestinian civilians were killed, Israeli forces
never resorted to the use of less lethal means before live or rubber-coated metal
bullets were used against peaceful Palestinian demonstrations. Israeli actions were
not limited to either indiscriminate opening of fire on Palestinian civilians or the use
of snipers or silenced guns. In fact, for the first time since 1967 when Israel first
occupied the West Bank (including Jerusalem) and the Gaza Strip, Israeli forces
employed combat helicopters, gunboats and tanks to shell Palestinian cities and
residential areas as well as used heavy and medium caliber machine guns.
Attacks by Israeli forces and settlers have killed 273 Palestinian civilians, including
103 children under 18 and 11 people over 50 only in the last quarter of the year 2000.
The total number of Palestinians killed by the Israeli occupation forces and settlers
from January 1 until December 31, 2001 was 297, including 111 children under 18.
This number also included 15 Palestinians who were killed extra-judicially as part of a
declared Israeli policy of political assassination. In nine cases of extra-judicial
killing, Israeli forces killed or injured Palestinian civilian by-standers. The number of
Palestinian civilians wounded by Israeli bullets or artillery shells in the last quarter of
the year 2000 was approximately 10,000, including 2,500 in the Gaza Strip.
Israeli forces also often targeted the upper part of the body. According to medical
reports, 1,305 out of the 2,500 wounded in Gaza, were wounded in the upper part of
the body. Of these, 531 were wounded in the head and the neck and 774 were
wounded in the chest and the abdomen. According to the same reports, 1,492 children
under 18 were wounded by the Israeli occupation forces in the Gaza Strip in the same
period.
Similarly, members of the local and international press were not immune to
violations. The press was frequently fired upon by the Israeli occupation forces and
settlers. These attacks particularly targeted cameramen and photographers, whose
visual media capture powerful images such as Mohammed al-Durreh’s death that
attracted intense international attention. Israeli occupation forces’ attacks represent a
deliberate attempt to terrify journalists and deter them from carrying out their duties,
which are protected by international humanitarian law and relevant international
instruments.
The Israeli occupation forces also targeted Palestinian security forces, especially in
the last quarter of the year 2000. Despite the limited number of armed confrontations
between Palestinian security forces or armed Palestinians and Israeli forces, PCHR
documented many incidents during which Israeli forces fired live bullets or artillery
shells at Palestinian security men. These forces were fired upon when they were
attempting to move Palestinian civilians (who were either participating in peaceful
marches or throwing stones at Israeli forces) away from Israeli forces. PCHR also
documented several cases in which the Israeli forces fired live bullets and artillery
shells at Palestinian security man without warning when no clashes were occurring.
In all circumstances, the Israeli occupation forces did not comply with the principles
of the international law and the international humanitarian law. Israeli forces did not
distinguish between civilian and military targets. This not only killed or injured many
Palestinian civilians, but also resulted in the death of 36 Palestinian security men.
When the number of Palestinian security men killed is included, the total number of
Palestinians killed by the Israeli occupation forces in the year 2000 was 335.
Also during the last quarter of the year 2000, Israeli occupation forces attacked
Palestinian properties on a massive scale. Israeli forces razed thousands of donums of
Palestinian agricultural land, which constitute the basic resource of the Palestinian
economy. They uprooted fruit-bearing trees and destroyed hundreds of greenhouses,
irrigation systems, wells, and agricultural facilities and equipment. Furthermore, the
Israeli occupation forces demolished dozens of Palestinian houses and their contents
after expelling the residents – often without prior warning. Israeli forces also
demolished a number of factories, workshops and other civilian facilities. According
to PCHR’s documentation, Israeli forces razed 4,698 donums of Palestinian
agricultural and wooded land in the Gaza Strip from October to December 2000.
During the same period, these forces also demolished 62 Palestinian houses in the
Gaza Strip.
Also during the last quarter of the year 2000, Israeli occupation forces imposed a
total, strict siege on the Occupied Palestinian Territories. The new siege was not
limited to preventing many commercial transactions and the approximately 50,000
Palestinian laborers from the West Bank and the Gaza Strip who work in Israel from
going to their places of work. New measures included closing all crossings between
the Gaza Strip and Israel as well as the so-called “Safe Passage,” which opened on
October 25, 1999 in order to facilitate movement between the Gaza Strip and the West
Bank. In addition, Israel prohibited movement between the West Bank and the Gaza
Strip across the Israeli territories. Israeli also closed the border with Egypt in Rafah
and Al-Karama Crossing on the border with Jordan for long periods, preventing the
travel of Palestinian civilians to and from the Occupied Palestinian Territories.
Additionally, in one of the worst examples of Israeli collective punishment of
Palestinian civilians, Israeli closed Gaza International Airport to tighten the siege on
the Occupied Palestinian Territories.
At the same time, the Israel reinforced its military presence in the OPT, particularly at
the entrances of Palestinian cities in the West Bank and the Gaza Strip. Israeli forces
have imposed restrictions on movement between these cities which transformed the
OPT into Bantustan-like isolated areas, in a manner unprecedented since the
beginning of the Israeli occupation in 1967. Israeli occupation forces also imposed
strict curfews on Palestinian areas under their security control. In the part of Hebron
under Israeli control, more than 30,000 Palestinian civilians were forced to stay at
home for the benefit of approximately 300 Jewish settlers living in settlements inside
the city. These policies cannot be explained except by reference to the now extinct
system of apartheid in South Africa.
The outbreak of clashes was thus the outcome of a ten-year-old peace process in
which human rights and international humanitarian law were victimized under
continuous US pressure exerted on the Palestinian side, and the endless US support
for Israel and its oppressive practices against the Palestinian people. These are
matters about which PCHR had warned. This is also what the final statement of the
October 2000 Sharm al-Sheikh Summit in the middle of October 2000, in which the
Palestinian President Yasser Arafat and the Israeli Prime Minister Ehud Barak
participated, failed to understand.1
During the year 2000, before the outbreak of violence in September 2000, Israeli
forces continued to destroy and confiscate Palestinian land in order to expand existing
settlements, establish new ones, and build bypass roads. In addition, Israeli forces and
settlers continued to kill Palestinian civilians. Furthermore, more than 1,600
Palestinian prisoners were still detained in Israeli jails, living under dire conditions
and facing torture. Israel also tightened its siege on the Occupied Palestinian
Territories, imposing restrictions on the movement of Palestinian civilians and goods,
and thus suffocating the Palestinian economy. These cumulative violations resulted in
an escalating crisis in the economic and social rights of Palestinian civilians.
The deadline for the interim period, May 4, 1999, also passed without Israeli
compliance with its obligations under the Interim Agreement regarding the
redeployment of its forces in the West Bank. The interim period and its agreements
were based on steps to build mutual confidence and to reach a final settlement, such
as redeployment of forces from the OPT. However, the end of the year 2000 came
after more than one year and a half years passing since the end of the interim period,
with neither a final agreement nor compliance with the interim agreement.
With regard to expectations for the future, PCHR maintains that the latest
developments in the Occupied Palestinian Territories and the unprecedented
escalation in Israeli human rights violations and war crimes in the last quarter of the
1
The US President summed up what was agreed upon in the following three points:
1. Both sides agreed to issue public statements unequivocally calling for an end of violence.
They also agreed to take immediate, concrete measures to end the current confrontation,
maintain calm and prevent recurrence of recent events. In order to achieve this, both sides
agreed to return to the situation that existed previous to the current crisis.
2. The United States will develop with the Israelis and Palestinians, as well as in consultation
with the United Nations Secretary General, a committee of “fact-finding” on the recent
events and how to prevent their recurrence. The committee’s report will be shared by the
US President with the UN Secretary General and the parties prior to publication. A final
report shall be submitted under the auspices of the US President for publication.
3. The United States will consult with the parties within the next two weeks about how to
move forward, resume efforts to reach a permanent status agreement based on UN Security
Council Resolutions 242 and 338, and subsequent understandings.
PCHR expressed its view of that summit and the understandings between the Palestinian side and
the Israeli side, as summarized by President Clinton, did not: solve the crisis; put an end to Israeli
violations; or provide a viable mechanism for a fair investigation by an international commission
under the auspices of the United Nations. PCHR also regarded calls to return to the pre-intifada
status quo merely a call to return to the explosive conditions in the Occupied Palestinian
Territories before September 28, 2000. In PCHR’s view, the US led inquiry commission would
not be able to determine responsibility and would not be mandated to investigate blatant human
rights violations, killings and the excessive use of force by the Israeli occupation forces. It would
not publish its conclusions except upon agreement by the parties and under the auspices of the US
President himself. In short, it was a political commission rather than a professional one. Such a
commission contradicts calls by Palestinian, Arab and international human rights organizations to
establish an international commission of inquiry – rather than a fact-finding committee – under the
auspices of the UN-to investigate Israel’s blatant human rights violations. For further discussion
of PCHR’s view of the Summit, see the PCHR’s Position Paper on the Sharm El-Sheikh Summit
issued on October 17, 2000
year 2000 undermines any hope of the situation coming to an end in the near future.
In light of these blatant human rights violations, the international community and the
High Contracting Parties to the Fourth Geneva Convention should act and intervene to
put an end to the violations. The provision of immediate international protection for
Palestinian civilians is needed now more than ever. The High Contracting Parties to
the Fourth Geneva Convention should reconsider their decision to delay its conference
called for by the UN General Assembly which was convened on July 15, 1999 for
only ten minutes without any action. In PCHR’s view, not only has the continuing
HCP inaction led to an unprecedented politicization of the international humanitarian
law, but it also implies encouragement for Israeli violations against Palestinian
civilians and increasingly constitutes an international conspiracy of silence.
On the Palestinian internal level, democratic change met obstacles as a result of the
ascendancy of the executive over the legislature and the judiciary, especially in the
first nine months. During the last quarter of the year 2000, under worsening
conditions of Israeli violations against Palestinian civilians and the Palestinian
National Authority (PNA), there was no chance to talk about a process of democratic
change and institutionalization. Despite the impact of the continuing occupation on
Palestinian democratic development, the Palestinian National Authority is primarily
responsible for these problems in democratic development especially in the first nine
months. It can be said that the PNA did not make real efforts to promote the principle
of the separation of powers, the independence of the judiciary and the rule of law. It
did not take necessary measures to ensure the protection of Palestinian human rights.
Justice faced concrete challenges and obstacles and the PNA did not take crucial
measures to promote the independence of the judiciary and the rule of law. The year
2000 ended without the PNA issuing the judiciary law, which is the foundation of an
independent judiciary. The law was not issued despite the fact that the bill was
ratified in its third reading in the Palestinian Legislative Council in November 1998.
Instead of issuing the law, a Presidential decree was issued ordering the establishment
of a high judiciary council. Despite the importance of establishing such a council,
PCHR expressed its reservations about the means by which it was established and also
called for the judiciary law to be issued.
One the most significant obstacles to the functioning of Palestinian judiciary system
was the continued operation of the State Security Courts which dramatically
undermined the independence of the judiciary. Moreover, the mandates of these
courts increasingly expanded to include civil cases. Trials in these courts are
conducted rapidly without legal representation for those indicted or right of appeal.
The State Security Courts lack the requirements for fair trials. The abolishment of the
State Security Courts is one of the basic demands by human rights organizations.
During the year 2000, the Palestinian State Security Courts sentenced a number of
those indicted to death, with no possibility of appeal.
During the first nine months of the year 2000, the PNA continued to restrict the right
to free expression and peaceful assembly. The order issued by the Palestinian Chief
of Police on February 29, 2000 prohibiting public meetings without his prior approval
was strongly condemned by PCHR and other Palestinian human rights organizations.
This order, as well as the executive bill issued by the Palestinian President, in his
capacity as Minister of Interior, on April 30, 2000, violates the Law 12 of 1998
regarding public meetings in both word and spirit. However, it should be noted that
these restrictions were significantly eased in the last quarter of the year. During this
time, dozens of marches and public meetings were organized without prior approval
of the Palestinian Chief of Police. All of these activities were organized to protest
Israeli occupation and practices and were not related to the PNA.
During the last quarter of the year, the work of the Palestinian legislature was
profoundly affected by the total Israeli siege imposed on the Occupied Palestinian
Territories. Members of the Palestinian Legislative Council (PLC) were not able to
move freely between the West Bank and the Gaza Strip, and even between cities, to
attend the sessions of the PLC and its committees. However, during the first nine
months of the year, the PLC failed to meet the expectations of Palestinian people as a
legislative body. Although the tenure of the PLC came to its de jure end in May
1999, according to the Interim Agreement after the public authorization expired, no
public election was held. In addition, the election is not expected to be held any time
in the near future. This is a major obstacle to democratic development, particularly
given the failure of the PNA to hold elections for Palestinian local councils, which are
currently administered by appointed committees rather than elected ones.
PART 1
ISRAELI VIOLATIONS OF
HUMAN RIGHTS
(1) The Excessive Use of Force and Extra-judicial Killings Perpetrated by the
Israeli Occupation Forces: Al-Aqsa Intifada
The year 2000 witnessed a significant escalation in the use of lethal force by the
Israeli occupation forces against Palestinian civilians. This escalation has been the
most serious since the Israeli occupation forces re-deployed in the Occupied
Palestinian Territories in May 1994. It reached its climax in the last quarter of 2000,
during which time Israeli occupation forces killed 309 Palestinians and wounded
approximately 10,000. During what has come to be known as Al-Aqsa Intifada,
clashes erupted between Palestinian civilians and the Israeli occupation forces in the
aftermath of a provocative visit by the extremist Likud leader Ariel Sharon to Al-
Haram Al-Sharif (the Holy Sanctuary) on September 28, 2000. Not only did the
Israeli occupation forces used live ammunition and rubber-coated metal bullets on a
large scale and in an unprecedented fashion, but they also fired heavy and medium
caliber bullets fired from combat helicopters. Furthermore, combat helicopters,
gunboats and tanks of the Israeli occupation forces shelled civilian buildings and
facilities, and targeted governmental buildings and Palestinian police sites in the areas
under the control of the Palestinian National Authority.
Israel’s grave breaches of international law in the last quarter of the year 2000
constituted no less than war crimes against Palestinian civilians. These practices were
also part of a larger shoot-to-kill policy adopted by the Israeli occupation forces
against Palestinian civilians since the beginning of the year 2000.2 Since the
beginning of the year 2000 until the outbreak of Al-Aqsa Intifada, the Israeli
occupation forces killed 24 Palestinians in the Occupied Palestinian Territories. This
included an old woman from Hebron, who died from a heart attack when the Israeli
occupation forces burst into her house, searching for her “wanted” son. It also
included a woman from Gaza who was killed and her son wounded, when Israeli
occupation forces positioned in a settlement, opened fire on them while they were
2
On Thursday 1 June 2000, at 2pm, the Israeli occupation forces fired at the Palestinian officials
working at the Rafah border entrance. According to information received by PCHR, more than 150
Israeli soldiers, armed with automatic weapons, tear gas and a water cannon, burst into the transit
hall in order to arrest Nabil Midires Oukal from Jabalya refugee camp, North of Gaza, who was
intending to travel to Jordan through Gaza International Airport. The Israeli occupation forces
opened fire on Palestinian Authority employees at the border, including Palestinian border liaison’s
Officers, and tax counter’s employees, injuring ten of them with live bullets. Six of them were
immediately transported to Nasser hospital in Khan Yunis, and the other four were admitted to Rafah
Central Clinic. In addition, ten others were severely affected by tear gas and given emergency
treatment on the spot. According to medical reports from Nasser hospital in Khan Yunis, the
condition of the six wounded officials admitted to the surgery Unit was not critical.
According to information gathered by PCHR from the wounded, the attack of the Israeli soldiers was
deliberate. They also added that two weeks prior, the Israeli soldiers attempted to arrest one of the
Palestinian civilians who were crossing, but the Palestinian Authorities managed to prevent the
arrest.
traveling home by car.3 In addition, a Palestinian youth from Nablus died from an
injury received in 1989, during the first Intifada.4 The Israeli occupation forces killed
four Palestinians from Gaza, when these forces laid siege to a house located in the
town of al-Taybeh inside Israel where they were taking refuge. Israeli claimed that
they were members of a military cell who came from Gaza to carry out a military
operation against Israeli civilians.5
Furthermore, Israeli occupation forces opened fire on Palestinian civilians when there
was no threat posed to their lives. For example, in May, Israeli occupation soldiers
opened fire on demonstrating Palestinian civilians on the 52nd anniversary of Al-
Nakba, the anniversary of the uprooting and dispersal of the Palestinian people. As a
result, six Palestinians were killed and about 1,000 were wounded. Moreover, four
Palestinian civilians were killed in separate incidents after land mines left by the
3
On July 8, 2000, around 12:30 local time, Israeli occupation forces fired upon two Palestinian civilian
cars, killing a woman and critically injuring both her husband and their six-month old child. Their
other child, a four-year old, was moderately injured. Another man in a different car was also shot.
According to information gathered by PCHR, the shooting took place right before the Kfar Darom
settlement bridge situated in the middle area of the Gaza Strip. The bridge connects the settlement to
an Israeli military installation on the other side of the road and is permanently manned by armed
soldiers. A driver was passing a car on the road when Israeli soldiers shot automatic weapons from
above the bridge. The passing car, which contained the Palestinian family, was passing an Israeli
settler’s car. As a result, Mr. E’tedal Hamza Mo’ammar, 29, from Rafah was killed with three live
bullets. In addition, her husband Sharif ‘Eid Mo’ammar, 37, and their six-month-old child were
seriously wounded, and their other child Rae’d, 4, was moderately wounded. Another Palestinian
civilian, Saleh Mahmoud Saleh, 43, from Rafah, was wounded with a live bullet in the right thigh.
According Saleh, a Palestinian from Rafah who was a passenger in the third car driving behind and
who was also shot, the intensive shooting started without warning. Mr. Saleh reported that the
passing car stopped, but the shooting continued. Mr. Saleh and his friend continued driving to get
away from the shooting. They drove to a nearby ambulance station about 2 km away and returned to
take the wounded.
On August 1, 2000, the Israeli English daily Ha’aretz published a report in which it said that the
Israeli occupation forces investigated the incident. These forces claimed that their site near Kfar
Darom settlement was fired upon. However, the report said that Israeli occupation soldiers opened
fire inappropriately and that some of them opened fire without identify the source of fire. The
newspaper also claimed that an Israeli occupation forces officer was dismissed from service in Gaza.
4
Hussein ‘Abdel-Hadi, 15, was wounded with a live bullet that paralyzed him, when an under cover
unit of the Israeli occupation forces attacked members of the Palestinian Black Panther Group in
Nablus in 1989 and killed a member of the group.
5
The Israeli occupation forces very often kept the bodies of Palestinians after they have killed them.
On June 15, 2000, PCHR issued a press release on agreement by the Israeli occupation forces to
release the body of a Palestinian from Gaza. PCHR received a reply from the legal advisor of the
Israeli army which informed that the Israeli occupation forces finally agreed to transfer the body of
Na’el Yassin Abu ‘Awad to his family in the Gaza Strip, in response to his family’s demand. Israel
had kept Abu ‘Awad’s body since he was killed on March 2, 2000 in an exchange of fire with Israeli
occupation forces in the town of Taubeh inside Israel. PCHR stated that Israel was still keeping
bodies of 28 Palestinians that had been killed, in blatant violation of international conventions and
instruments, and without consideration for human and religious values. PCHR considered this issue
with maximum interest to ensure the retrieval of the bodies of all Palestinians that had been killed to
their families.
Israeli occupation forces in the West Bank exploded.6 The Israeli occupation forces
also attempted to assassinate a Palestinian citizen from the village of Al-Ebeideya
near Bethlehem.7 In one of the most brutal killings, the Israeli occupation forces killed
an elderly Palestinian man while arresting his son.
Incidents of May
In May 2000, on the 52nd anniversary of Al-Nakba, when the Palestinian people were
uprooted and dispersed, bloody clashes erupted between Palestinian citizens and the
Israeli occupation forces. On May 14 and 15, four Palestinian citizens were killed and
approximately 1,000 were wounded. In addition, another two Palestinians were killed
on May 20 and 21.8 Furthermore, demonstrations and marches were organized in
solidarity with Palestinian prisoners who had been in a hunger strike since April 30,
2000. These demonstrations called for their release and improved conditions.
The last quarter of the year 2000 witnessed an unprecedented escalation of the use of
lethal force by the Israeli occupation forces against Palestinian civilians during
clashes. These clashes broke out on September 29, 2000, in the aftermath of a
provocative visit by the extremist Likud leader Ariel Sharon to Al-Haram Al-Sharif
(the Holy Sanctuary). In most cases where Israeli occupation forces killed Palestinian
civilians, either during clashes or not, there were no threats posed to the lives of
Israeli occupation soldiers nor to settlers.
6
On July 5, 2000, the child Khalil Yousef Makhamra, 15, from Kherbet Janba near hebron, was killed
when a leftover Israeli landmine exploded as he was grazing animals near a settlement. On the
following day, the child Safwan Ahmed ‘Assi, 12, from Beit Leqia near Ramallah, was killed by a
landmine. On August 20, 2000, the child Mo’in Suleiman Talahma, 13, from Al-Borj village near
Hebron, was killed as a result of a landmine explosion when he and his brother were cultivating
olives from their farm, approximately 400m away from home. On August 29, 2000, Nassar ‘Abed
‘Ali K’abneh, 18, from Beit Dajn, was killed when a landmine exploded while he was grazing
animals in the Jordan Valley. It is worth mentioning that there are 15 minefields leftover from Israeli
occupation in Jerusalem, Hebron, Bethlehem, Jenin, Tulkarm and Qalqilya. Six Palestinian civilians
have been killed and another 15 had been wounded as result of landmine explosions since the
beginning of 1999. The Annex of the Eighth Day, July 13, 2000, p. 3.
7
At the end of June 2000, the Israeli occupation forces prepared an ambush for Radhi Mohammed Safi,
40, from Al-‘Obeideya village near Bethlehem, in Be’r Helwa area between Beit Sahour and Al-
‘Obeideya village, under control by these forces. They opened fire on him, wounding him in the
intestines and the shoulder. He was evacuated to the intensive care unit at Hadassa hospital in
Jerusalem in serious condition. The Israeli occupation forces did not allow his wife to visit him in
hospital. Safi had been wanted by the Israeli occupation forces for more than five years for having
been member of the Islamic Jihad. He was imprisoned for ten years in Israeli jails.
8
On June 28, a Palestinian policeman, Yousef Mahmoud Mohammed Abu Nahel, 23, from Gaza, died
from an injury he received during clashes between Palestinian civilians and the Israeli occupation
forces on May 17, 2000.
Israeli snipers showed their skills in targeting the upper part of the body of
Palestinians from short distances with the aim of killing, wounding, or permanently
disabling many. In a clear evidence of the use of lethal force by the Israeli occupation
forces, investigations carried out by PCHR proved that 12 Palestinians died after
being shot from behind when there were no threats posed to the lives of the soldiers.
Furthermore, four Palestinians died due to inhaling tear gas used by Israeli occupation
forces.
In the early stages of the clashes, the Israeli occupation forces used heavy and
medium machine guns, helicopters, gunboats, and tanks to shell Palestinian cities and
civilian facilities. This serious escalation led to a significant increase in the number of
Palestinian civilians who were killed by either Israeli occupation forces or settlers.
During the last quarter of the year 2000, 309 Palestinians, including 273 civilians
(including103 children under 18 and old people over 50), were killed by the Israeli
occupation forces and settlers. In addition, extra-judicial killings, which amount to
political assassinations, resulted in the deaths of 14 Palestinians, including civilian by-
standers.
Israeli occupation forces also did not comply with the principles of international
humanitarian law in dealing with clearly marked medical personnel and ambulances.
In many incidents, Israeli occupation forces willfully opened fire on Palestinian
medical personnel, killing three Palestinian medical relievers in the West Bank and
the Gaza Strip. In addition, a German physician living in Bethlehem was killed while
offering assistance to Palestinians who were wounded when the Israeli occupation
forces shelled Bethlehem. Dozens of Palestinian medical personnel were also
wounded by Israeli occupation forces.
Members of the local and international press were not immune to these violations.
They were chased, beaten, and fired upon by the Israeli occupation forces in order to
conceal from the world Israel’s blatant human rights violations against Palestinian
civilians in the Occupied Palestinian Territories. In addition, Israeli occupation forces
shelled the headquarters of the Palestinian Broadcasting Corporation, cutting
broadcasting and causing severe damage. Israeli claimed that through broadcasting
images of Israeli violations, the PBC was inciting Palestinians against Israel.
Israeli occupation forces resorted to the excessive use of force against Palestinian
civilians. From September 29 to December 31, 2000, 309 Palestinians were killed
by Israeli occupation forces and settlers. Of the victims 273 (88.34%) who were
shot in the upper part of the body, including 124 (40%) who were shot in the head
and the neck, and 149 (48.12%) who were shot in the chest and the abdomen. The
rest of the victims were killed by settlers, during shelling by tanks and helicopters,
by bullets in the lower part of the body, or by tear gas inhalation.
Taking into consideration the age and number of Palestinian civilians in the Gaza
Strip who were wounded in the upper part of the body, it is clear that excessive force
was employed by the Israeli occupation forces, in order to wound or permanently
disable a maximum number of Palestinian civilians, is clear. According to PCHR’s
statistics, 2,500 Palestinians were wounded in the Gaza Strip by the Israeli
occupation forces from September 29 to December 31, 2000. This figure does not
include the hundreds who fainted and suffered from suffocation due to tear gas
inhalation. Among those who were wounded in the Gaza Strip, 1305 (51.97%) were
wounded in the upper part of the body, including 531 (21.14%) were wounded in the
head and the neck, and 774 (30.82%) were wounded in the chest and the abdomen.
In addition, 1206 were wounded in the lower part of the body. Furthermore, during
the same period, 30 Palestinians from the Gaza strip were wounded in the eyes,
some lost their eyes and dozens were permanently disabled.
2) Targeting Children9
During the last quarter of the year 2000, Israeli occupation forces carried out several
assassinations of Palestinian political activists, accusing them of resistance activities.
As a result of this policy, Israeli occupation forces killed 14 Palestinian civilians
(including 6 by-standers) during the last quarter of the year 2000. These extra-
judicial killings are part of a stated official policy of political assassination,
sanctioned by the Israeli judiciary. These assassinations were committed through
ambush, direct shooting, car bombs, or helicopter launched missiles. Following are
the list of assassinations committed by the Israeli occupation forces during the last
quarter of the year 2000:
9
PCHR includes in the category of children all those under the age of 18 in accordance with Article 1
of the UN Convention on the Rights of the Child which states, “a child means every human being
below the age of eighteen years of age.”
On November 9, 2000, an Israeli combat helicopter fired three rockets at the jeep of
Hussein ‘Ebayyat, 37, from the village of Al-Ta’amreh near Bethlehem, killing him
instantly. At the time of the attack, the jeep was travelling on a road in Beit Sahour.
In addition, ‘Azziza Dannoun Jobran, 52, and Rahma Rashid Shoe’ibat, 50, from
Beit Sahour were killed while they were passing near the road.10
On November 22, 2000, an Israeli tank intercepted two Palestinian cars near an
Israeli roadblock on the road leading to Morag settlement east of Rafah. Without
warning, the tank opened fire on the two cars, killing four. Those were, Jamal
‘Abdel-Razeq, 30, from Rafah; ‘Awni Ismail Dhuheir, 38, from Rafah; Na’el Salem
Al-Leddawi, 22, from Rafah; and Sami Nasser Abu Laban, 29, from Sheikh Radwan
neighborhood in Gaza City. The Israeli occupation forces transferred the four
bodies to a nearby settlement and handed them over to the Palestinian side only after
several hours.11
On November 23, 2000, Israel assassinated Ibrahim ‘Abdel-Karim Bami ‘Oudeh, 34,
from the village of Tammoun near Jenin, through a remote control car bomb that
was placed under the driver’s seat of his car. He was instantly killed when the car
exploded as soon as he started the car.
On December 12, 2000, Israeli occupation forces assassinated Yousef Ahmed Abu
Sawi, 28, from the village of Al-Khader near Bethlehem by firing upon him from a
distance of approximately 200m. Abu Sawi was killed with 17 live bullets
throughout the body.
On December 13, 2000, Israeli snipers assassinated ‘Abbas Othman Al-‘Oweiwi, 26,
from Hebron, when they fired upon him from a distance of approximately 250m.
There were no clashes in the area.
10
The Israeli military spokesman stated in a press conference that the Israeli occupation forces
intentionally assassinated Hussein ‘Ebayyat and accusing him of shooting at Gilo settlement near
Beit Jala as well as direct involvement in the killing of an Israeli soldier during an armed
confrontation in Beit Jala.
11
The Israeli occupation forces first claimed that the four Palestinians were activists of the Fatah
Movement’s military wing and were attempting to carry out an attack in Morag settlement, located
approximately 200m away from the place of the incident. Later, an Israeli military spokesman
asserted that the assassination was a planned operation that targeted a leader of Fatah Movement,
Jamal ‘Abdel-Razeq, 30, from Rafah, whom Israeli occupation forces accused of firing upon their
soldiers during recent clashes. When the four were killed, they were traveling between two cars
from Rafah to Khan Yunis. When they were close to the Israeli roadblock leading to Morag
settlement, an Israeli tank intercepted their cars and opened fire on them. Israeli soldiers
positioned on an observation tower also fired upon them.
On December 14, 2000, an Israeli patrol intercepted the car of Hani Hussein Abu
Bakra, 32, from Rafah, near the junction leading to Deir El-Balah (Al-Heker road).
The forces stopped the car and opened fire intensively. Abu Bakara was killed by
several live bullets in the head, the chest, the neck and the extremities. In addition,
three Palestinians were wounded. This included ‘Abdullah E’issa Gannan, 40, from
Khan Yunis, who was critically wounded when he was in the targeted car. He died
from his wounds on December 23, 2000.
On December 31, 2000, the Israeli occupation forces assassinated Dr. Thabet Ahmed
Thabet, 49, from Tulkarm. An Israeli unit fired upon Dr. Thabet from a distance of
300m while he was driving from home to work that morning. Dr. Thabet was a
director general in the Palestinian Ministry of Health.
Jewish settlers in the West Bank and the Gaza Strip were extensively involved in the
incidents that occurred in the Occupied Palestinian Territories. These settlers initiated
shooting at Palestinian civilians in the absence of provocative incidents or threats
posed to their lives. During the last quarter of 2000, 11 Palestinian civilians were
killed by Jewish settlers in the West Bank. Settlers also killed two children (who
were brothers) on May 15, 2000. Following is a list of Palestinian civilians killed by
Jewish settlers in the year 2000:
On May 15, 2000, a Jewish settler ran him and his younger bother Mohammed over
with a truck on a bypass road near Alfe Menashe settlement near Qalqilya.
On October 1, 2000, a Jewish settler opened fire on her father’s car while he was
returning to their village from the hospital with his sick child Sarah and his niece
Rima, 21. Sarah received a lethal live bullet in the head and Rima was moderately
wounded.
On October 12, 2000, a Jewish settler opened fire on him, wounding him in the head.
El-‘Alama died from this wound on October 18, 2000.
On October 17, 2000, a group of Jewish settlers burst into the Beit Fourik village
farms and attempted to force Palestinian farmers who were cultivating their olives to
abandon their farms. When the Palestinian farmers refused, the settlers opened fire,
killing Nassasra with a live bullet in the abdomen and wounding another three,
including Malek Nassasra, who was seriously wounded.
On October 19, 2000, a group of Jewish settlers burst into areas under the control of
the Palestinian National Authority in Nablus, killing El-‘Ardha and wounding several
other Palestinian civilians.
On November 7, 2000, El-Khoffash was instantly killed when a settler ran him over
with his car while the child was walking on a settlement road known as “Trans-
Samaria.”
10. Mustafa Mahmoud ‘Oleyan, 54, from ‘Askar refugee camp near Nablus
On November 14, 2000, a Jewish settler threw an enormous stone at his car, killing
him instantly.
On November 30, 2000, a Jewish settler driving his car at high speeds willfully ran
over the child, killing him.
12. Mohammed Hamed Shalash, 18, from Shaqba village near Ramallah
On December 17, 2000, during clashes between Palestinian civilians and the Israeli
occupation forces in the village of ‘Aboud near Ramallah, a Jewish settler shot and
killed him.
On December 31, 2000, a Jewish settler shot him dead during clashes in the village.
5) Palestinian Deaths Resulting from Israeli Shelling
During the last quarter of 2000, Israeli occupation forces also employed combat
helicopters, tanks and gunboats to shell Palestinian residential neighborhoods and
civilian facilities. In early stages of peaceful demonstrations between Palestinian
civilians and the Israeli occupation forces, Israeli combat helicopters shelled two
Palestinian housing units near an Israeli military site at Al-Shuhada’ (Netzarim)
junction, south of Gaza City. The two units were shelled from the nearby Netzarim
settlement for more than one week. The units were destroyed and their residents lost
their homes and personal property. In addition, the Israeli occupation forces
destroyed a nearby Palestinian iron factory.12
Israeli shelling of Palestinian cities became a regular occurrence on the pretext that
Jewish settlements and military positions were fired upon from inside these cities.
Since the outbreak of the Al-Aqsa Intifada, shelling has concentrated primarily on the
cities of Beit Jala, Hebron, Khan Yunis and Rafah. This shelling has caused severe
damage to Palestinian houses and made hundreds of Palestinian families homeless.
This shelling took a new and more serious turn on October 12, 2000, when
helicopters, gunboats and tanks of these forces shelled the Palestinian cities of
Ramallah, Gaza and Jericho. The shelling targeted headquarters of Palestinian
security apparatuses, Gaza fishing harbor, the headquarters of the Palestinian Civil
Defense and a building of Fatah movement. Dozens of Palestinian civilians were
injured during the shelling.
13
The Israeli occupation forces claimed that this was a response to the killing of two lost Israeli
soldiers by Palestinian demonstrators in Ramallah. Palestinian field reports asserted that the two
were members of an undercover Israeli unit, knows as “Al-Mosta’rebin” (Arabianizers), whose
members disguise themselves as Palestinians and enter Palestinian communities in order to kill and
terrify Palestinian civilians. This unit was formed during the first Palestinian Intifada, 1987-1993,
and it killed dozens of Palestinian activists in the Occupied Palestinian Territories.
willfully shelled Palestinian security force installations and Palestinian demonstrators.
Until the end of the year 2000, 31 Palestinian citizens in the West Bank and the Gaza
Strip were killed when the Israeli occupation forces shelled Palestinian cities, villages,
and refugee camps. Following is a list of Palestinians who were killed as a result of
Israeli shelling forces from September 29 up to December 31, 2000:
On October 1, 2000, a 12-year-old child from Nablus, Samer Samir Tabanja, was
killed with a medium caliber bullet in the head fired by an Israeli combat helicopter
that shelled the city. He was on the roof of his family’s house.
On October 3, 2000, Fahmi Abu Ammouneh, 28, from Nusseirat, was killed when a
shell fired from an Israeli combat helicopter hit him in the head. Abu Ammouneh was
killed during clashes between Palestinian civilians and the Israeli occupation forces
near Al-Shuhada’ (Netzarim) junction, south of Gaza City.
On October 4, 2000, Mahmoud Lutfi Massad, 24, from Bourqin near Jenin, was killed
with a heavy caliber bullet in the head when the Israeli occupation forces shelled a
Palestinian security site during an armed confrontation.
On October 20, 2000, ‘Adnan ‘Azziz As’ad, 21, from Balatta refugee camp near
Nablus, was killed with a medium caliber bullet in the head that was fired from and
Israeli military position in Nablus. This occurred during clashes in which Israeli
occupation forces also fired artillery shells.
On October 20, 2000, Feras Khalil Zaid, 26, from Toubas near Jenin, was also killed
in the aforementioned incident.
On October 23, 2000, ‘Abdel-‘Azziz Abu Seneineh, 55, from Hebron, was killed with
by artillery shell during indiscriminate Israeli shelling of Hebron. A number of
artillery shells fell onto Abu Seneuneh’s house, one of which killed him.
On November 1, 2000, Wa’el Shu’eib Ghoneim, 27, from Al-Khader near Bethlehem,
was killed with a heavy caliber bullet fired by Israeli combat helicopters that shelled
Palestinian houses.
On November 1, 2000, Marwan Taye’ ‘Assaf, 21, from Wadi Foukin village near
Bethlehem, was killed in the aforementioned incident.
On November 9, 2000, ‘Azziza Dannoun Jobran, 52, from Beit Sahour, was killed
with shrapnel of rockets fired by Israeli combat helicopters in the aforementioned
incident.
On November 9, 2000, Rahma Rashid Shoe’ibat, 50, from Beit Sahour, was killed
with shrapnel of rockets fired by Israeli combat helicopters in the aforementioned
incident.
On November 10, 2000, Ra’ed Khalil El-Muhtasseb, 25, from Hebron, was killed
with a medium caliber bullet, when the Israeli occupation forces shelled Hebron.
On November 11, 2000, Ossama Khalil El-Bawab, 28, from Al-Bireh, was killed
when Israeli occupation forces shelled the city from inside Psagot settlement near
Ramallah.
On November 11, 2000, Majed Hussein Radwan, 32, was killed in the aforementioned
incident.
On November 15, 2000, Harry Fischer, 55, a German physician, was killed while he
was offering help to Palestinian families during Israeli shelling of Beit Jala at night..
On November 22, 2000, Najib Mohammed Qeshta, 50, from Rafah, was killed with a
heavy caliber bullet in the head when the Israeli occupation forces shelled Palestinian
houses near Salah El-Din Gate on the border in Rafah.
On November 24, 2000, Sami ‘Adel ‘Omar, 32, from Kufor Qallil village near
Nablus, was killed while inside his house when the Israeli occupation forces shelled
the village.
On November 24, 2000, Nahed ‘Adel ‘Omar, 26, from Kufor Qallil village near
Nablus, was killed in the same aforementioned incident.
On November 25, 2000, Taysser ‘Adnan Abu El-‘Arraj, 18, from Khan Yunis refugee
camp, was killed with an artillery shell in the chest fired by the Israeli occupation
forces from Al-Tuffah roadblock, 250m west of Khan Yunis refugee camp.
On December 8, 2000, Ziad Mahmoud Subeih, 34, from Kufor Ra’ei village near
Jenin and a member of the Palestinian National Security Forces, was killed in the
aforementioned incident.
On December 8, 2000, Mahmoud ‘Abdullah Yahia, 17, from Kufor Ra’ei village near
Jenin, a member of the Palestinian National Security Forces, was killed in the
aforementioned incident.
On December 8, 2000, ‘Alla’ ‘Abdel-Latif Abu Jaber, 17, from Al-Moghayer village
near Jenin, a member of the Palestinian National Security Forces, was killed in the
aforementioned incident.
On December 8, 2000, Mohammed Rateb Taleb, 21, from Jenin, a civilian by-stander,
was killed in the aforementioned incident.
On December 18, 2000, the director of operations of the Palestinian police, Brigadier
General ‘Abdel-Mou’ti El-Sab’awi, 57, from Gaza was killed when an unexploded
artillery shell leftover from Israeli shelling of Deir El-Balah exploded when he
attempted to disarm it.
On December 20, 2000, a 14-year-old child from Rafah, Hani Yousef El-Soufi, was
killed with a heavy caliber bullet in the head, during the shelling of Palestinian houses
from Israeli positions at the border in Rafah
On December 20, 2000, Suleiman Marzouq Zo’rob, 29, from Rafah, was killed in the
aforementioned incident.
On December 21, 2000, Rashid Sa’id Barhoum, 26, from Rafah, died from an injury
on December 20, 2000, in the aforementioned incident.
On December 28, 2000, an artillery shell fired by an Israeli tank hit Mahmoud ‘Ali
Nusseir, 33, from Beit Hanoun in the north of the Gaza Strip, in the chest and
abdomen, killing him instantly. This incident occurred during a military confrontation
between Palestinian National Security Forces and the Israeli occupation forces, east of
Beit Hanoun.
On December 31, 2000, The child Ma’ath Ahmed Abu Wahdan, 12, from El-Sheikh
neighborhood in Hebron, was killed by a shrapnel in the head from an artillery shell
fired by the Israeli occupation forces. These forces fired the shell at the family home
from a military position inside “Ramat Yitsai” settlement center in Hebron.
Israeli occupation forces targeted medical personnel and ambulances and as well as
obstructed the evacuation of the wounded. They shot at Palestinian medical
relievers, killing four and wounding dozens. Furthermore, Israeli occupation forces
imposed a total siege on the Occupied Palestinian Territories and closed all border
crossings, obstructing the transfer of the wounded to hospitals abroad and the entry
of necessary medical equipment to Palestinian hospitals in the West Bank and the
Gaza Strip. Israeli occupation forces obstructed internal movement and the transfer
of patients to Palestinian hospitals in the Occupied Palestinian Territories, through
the internal siege that included road closures and restricted movement between
Palestinian areas. Following is a list of Palestinian medical personnel killed by the
Israeli occupation forces in the last quarter of the year 2000:
On September 30, 2000, Israeli occupation forces, positioned in a military site at Al-
Shuhada’ (Netzarim) junction, south of Gaza City, opened fire on a clearly-marked
ambulance of the Palestinian Red Crescent Society, when its personnel attempted to
evacuate Mohammed Jamal Al-Durreh and his father, who were wounded by live
bullets fired by Israeli snipers during bloody clashes between Israeli occupation
forces and Palestinian citizens at the junction. Intensive shooting at the ambulance
killed a Palestinian medical reliever, Bassam Fayez El-Belbeisi, 45, from Gaza City.
On the same day, Israeli occupation forces fired a hail of live bullets at Amjad
Abdullah Dhraghma, 22, from Toubas, a Palestinian Marine Police medical reliever,
and Mohammed Tawfiq Al-Qalaq, 23, from Tulkarm, killing the two with live
bullets in the chest. At the time they were shot, while they were evacuating the
Palestinian dead and wounded during clashes between Israeli occupation forces and
Palestinian civilians. During these clashes, five Palestinian citizens were killed and
dozens were wounded, one of whom died on the following day.
On November 15, 2000, Harry Fischer, 55, a German physician and resident of
Bethlehem, was killed by an artillery shell when the Israeli occupation forces shelled
Beit Jala at night. The German physician, married to a Palestinian woman, was hit
by an artillery shell while attempting to offer help to a Palestinian family whose
house had been shelled.
7) Attacks on Journalists
During the Al-Aqsa Intifada, journalists were not immune to blatant Israeli violations
in the Occupied Palestinian Territories. Many of these journalists, especially
photographers and cameramen, were chased, intimidated and fired upon by Israeli
occupation forces in an effort to prevent news coverage of violations.
On September 30, 2000, Chief of the Southern Command of the Israeli army issued a
military order, under which all Israelis, including journalists, were denied entry into
the Palestinian National Authority controlled areas. The order was intended to
conceal events in the Occupied Palestinian Territories and prevent Israeli Arabs from
visiting and seeing the situation.
14
The Israeli army stated openly that it had targeted Palestine Radio Station and justified this attack by
claiming that the station’s broadcast incited violence. Source: a report by the International
Committee for Protecting Journalists on October 18, 2000.
combat helicopters shelled the building of Palestine Radio Station 2 in Al-Mentar area
east of Gaza City. An artillery shell destroyed a Palestine Television broadcast station
of near Al-Azhar University in Gaza City.
PCHR documented 73 cases in which the Israeli occupation forces fired upon, beat,
humiliated, arrested, interrogated, prevented the entry of, confiscated the equipment
of, or shelled the media institutions and centers of journalists.15
On October 2, 2000, the car of Marwan El-Ghoul, a CBC cameraman and director of
Mayadin Company for Media and Television Production, was shelled by an Israeli
combat helicopter and completely destroyed. This incident took place near Al-
Shuhada’ (Netzarim) junction in the Gaza Strip, while El-Ghoul was covering clashes
between Palestinian civilians and the Israeli occupation forces. El-Ghoul stated that
his car clearly marked and easily identifiable as a press car by signs in Arabic and
English. There was photography equipment inside the car with a value of at least US$
20,000. On November 11, 2000, Marwan El-Ghoul’s car was fired upon for a second
time by the Israeli occupation forces and severely damaged. This incident took place
while El-Ghoul was covering the burning of a civilian car in which two Palestinian
civilians were shot and killed by Israeli occupation forces near Al-Matahen junction
in Al-Qarara.
The international press was also not immune to these violations. On October 9, 2000,
Israeli occupation troops shot rubber-coated metal bullets at Luce Delahye, a
Newsweek photographer, hitting and damaging the lens of his camera. The incident
occurred while he was covering clashes between Palestinian civilians and Israeli
occupation forces in Ramallah. A week later, in the same city, Delahye was wounded
by a rubber-coated metal bullet in the forehead, while he was photographing a
Palestinian youth who had been wounded by a live bullet in the head during clashes
between Palestinian civilians and the Israeli occupation forces.
On October 21, 2000, Jacques-Marie Bourget, a Paris Match reporter, was wounded
with a live bullet in the left lung shot by the Israeli occupation forces, while he was
covering clashes between these forces and Palestinian civilians in Ramallah. Bourget
was evacuated to Ramallah governmental hospital in serious condition before being
transferred to Paris for treatment. Thierry Esch, a photographer for the same
magazine, who was behind Bourget, stated to his magazine that there was no doubt
that it was the Israeli occupation forces that shot Bourget. Patrick Jarnoux, a Paris
Match editor, stated to The Toronto Star, that based on Bourget’s position, the shots
must have come from in front of him – the locations of Israeli occupation forces.
On October 31, 2000, the Israeli occupation forces shot at Ben Wedeman, 41, a US
citizen and CNN correspondent, wounding him with a live bullet in the right side. He
15
PCHR issued a report on this issue on November 2000, covering the period of September 29 to
November 21, 2000, in which it documented 49 cases of aggression against journalists and reporters
of local and international press agencies.
was evacuated to Shifa’ hospital. This incident took place near Al-Mentar (Karni)
Outlet, when Wedeman was covering clashes between Palestinian demonstrators and
the Israeli occupation forces. Eyewitnesses asserted that Wedeman was wearing a
helmet and a bulletproof vest. They added that the situation in the area was relatively
calm, but it escalated when the Israeli occupation forces started to shoot intensively
and fire tank shells in the direction of Wedeman and other journalists. Wedeman was
forced to lie down to escape the shooting. A few minutes after the shooting started,
and while he was trying to stand up with his back to Israeli occupation forces, he was
shot with a live bullet in the right side.
On November 11, 2000, the Israeli occupation forces shot at US journalist Julia
Monakov, 37, an Associated Press (AP) correspondent, wounding her with two live
bullets in the pelvis and the bladder. This incident occurred while she was covering
clashes between Palestinian civilians and the Israeli occupation forces in the vicinity
of Bilal Ben Rabah mosque in Bethlehem.
(2) Land Leveling and Civilian Facilities Demolition in the Gaza Strip
Israeli bulldozers continued to raze large areas of Palestinian agricultural land and
demolish many civilian facilities in the Gaza Strip during the last quarter of 2000.
These forces razed areas of Palestinian land in areas under their control as well as
areas under Palestinian National Authority control. This was especially the case in
areas: adjacent to Israeli military sites, adjacent to roads used by Israeli occupation
forces and in the vicinity of settlements, settlement roads, or borders.
According to information gathered by the Field Work Unit of PCHR, from September
29, 2000 until the end of the year 2000, the Israeli occupation forces razed 4,698
donums of land, 3,777 (80.4%) of which were agricultural and 921 (19.6%) were
wooded. During the same period, the Israeli occupation forces also demolished 62
Palestinian houses16 and a number of Palestinian factories.17 Israeli occupation forces
16
This figure does not include Palestinian houses that were destroyed by Israeli shelling.
also destroyed many civilian facilities (greenhouses, irrigation networks, water
pumps, wells, agricultural pools, stores of agricultural tools, etc.), and uprooted
thousands of fruit-bearing trees.18
These acts of destruction in the Occupied Palestinian Territories are blatant violations
of the Fourth Geneva Convention Relative to the Protection of Civilian Persons in
Time of War (1949). Article 53 of the Convention states: “Any destruction by the
Occupying Power of real or personal property belonging individually or collectively
to private persons, or to the State, or to other public authorities, or to social or co-
operative organizations, is prohibited, except where such destruction is rendered
absolutely necessary by military operations.” Article 147 of the Convention
prohibits: “…extensive destruction and appropriation of property, not justified by
military necessity…”
These actions also contradict the International Covenant on Economic, Social and
Cultural Rights in its Article 1, which stated that “ …In no case may a people be
deprived of its own means of subsistence,” and Article 5, which prevents any state,
17
During the last quarter of the year 2000, in an attempt to destroy the Palestinian economy, the Israeli
occupation forces targeted Palestinian factories and enterprises. Palestinian factories near flash
points (near settlements or at bypass roads used by the Israeli occupation forces and settlers) were
targeted. For example, on October 8, 2000, the Israeli occupation forces destroyed a Palestinian
iron factory near Al-Shuhada’ (Netzarim) junction, south of Gaza City. They also destroyed an
aluminum factory and a vegetable packaging factory near Kfar Darom settlement in Deir El-Balah.
18
See annexes (3) and (4) of this report.
group or person from engaging in “any act aimed at the destruction of any of the
rights and freedoms recognized herein…”19
Other Israeli Violations Regarding Palestinian Land and Property in the Gaza
Strip
During the first nine months of the year 2000, before the outbreak of Al-Aqsa
Intifada, the Israeli occupation forces continued to attack Palestinian land and civilian
facilities, in the so-called “yellow areas,” which are under the control of these forces.
This was especially the case in the Al-Mawasi (agricultural) area in Khan Yunis and
Rafah. Some Palestinian citizens were informed by the Israeli occupation forces that
their houses would be demolished. In addition, the Israeli occupation forces razed
large areas of Palestinian agricultural land to pave the way for their annexation to
existing Jewish settlements. They also attacked Palestinians in these areas.
Following are the most significant aspects of these Israeli violations as documented
by PCHR’s Fieldwork Unit:
2) Since the beginning of January 2000, Israeli occupation soldiers would train at
night on agricultural land owned by the families of Baraka and Abu Ghraba.
This is “a yellow area,” east of Kfar Darom settlement. During the training,
Israeli occupation soldiers would shout, fire flares and run near Palestinian
homes late at night, disturbing Palestinian civilians and terrifying their children.
In addition they damaged harvests.
3) On January 25, 2000, the Israeli occupation forces prevented Khan Yunis
Municipality from preparing land in Al-Nemsawi (Austrian) neighborhood, west
of Khan Yunis refugee camp, 70m east of Neve Dekalim settlement for the
establishment of a public garden. Many Israeli occupation forces came to the
area and forced bulldozers of the Municipality to stop work and leave the area.
Khan Yunis Municipality had started work on January 23, 2000, leveling 37
donums of land for a public garden. After the Israeli occupation forces began
this policy, Palestinian youth gathered in the area and began throwing stones at
Israeli occupation forces. These forces responded with firing sound bombs and
tear gas canisters. As a result, many Palestinian youths suffered from
suffocation due to tear gas inhalation.
19
PCHR documented cases of land leveling and destruction of civilian facilities in the Gaza Strip. The
large scale of such actions had been unprecedented since 1967 when Israel first occupied the
Palestinian Territories. PCHR issued three reports titled “Uprooting Palestinian Trees.” The first
on e covered the period of October 1 to October 25, 2000; the second covered the period of October
26 to November 21, 2000 and the third covered the period of November 22 to December 18, 2000.
The rest of the year 2000 is covered in the fourth report issued in January 2001.
4) On February 9, 2000, a four-soldier patrol of the Israeli occupation forces,
armed with machine guns, prevented Sae’id Hafezh Zourob from building his
300-square-meter house in the area of Tal Jenan in Al-Mawasi (agricultural)
area in Khan Yunis. The house was on tract of land no. 91, where Zourob
owned 700 donums. An Israeli occupation patrol officer notified Zourob that he
could not build his house until a decision was taken by the southern liaison
office. When he went to the office, he was informed that, according to the
Israeli-Palestinian Interim Agreement, he could only build on a 25-donum area
despite the fact that the tract of land was registered under Zourob’s ownership.
5) On February 22, 2000, the so –called “Israeli Real Estate Official” notified Khan
Yunis Municipality that they were required to stop work on a public garden, the
Municipality had planned on a tract of land no. 88, part 14, near Neve Dekalim
settlement, west of Khan Yunis refugee camp. The area lacked parks and public
gardens. Israeli occupation soldiers who accompanied the so-called “Israeli
Real Estate Official” threatened to arrest Palestinians who worked on the
project.
6) On March 21, 2000, an Israeli winch transferred concrete blocks from an Israeli
military site of these forces in Tal Zourob area in Rafah, placing them outside
the military site in order to fortify it. These concrete blocks had been put at the
western and northern borders of the mentioned military site, behind a barbwire
fence surrounding the site. On March 27, 2000, Israeli trucks brought dirt to the
site. These fortifications lasted until April 2, 2000. Concrete blocks on the
western and southern borders were replaced with dirt to increase the height of
the hill on which the military site stood, although the hill is 7m high.
7) On March 26, 2000, the so-called “Israeli Real Estate Official” notified Ahmed
Mustafa Al-Majaydeh, from Al-Mawasi (agricultural) area in Khan Yunis, to
relinquish a 300-square-meter area of tract of land no. 89, part 17, in Al-Mawasi
area, adjacent to Al-Mlalaha neighborhood, claiming that the tract of land was
under the control of the Israeli occupation forces. Al-Majaydeh had planted his
land with aloe and wooded trees in order to protect it.
8) Since the end of March 2000, the Israeli occupation forces had fortified a
military site in the southeast of Dogit settlement, north of Beit Lahia, adding dirt
mounds around it. They also increased the number of military vehicles in the
site. The Israeli occupation forces had trained inside the site. Furthermore,
Israeli bulldozers, accompanied by Jewish settlers, expanded the main road
connecting Jewish settlements, north of Beit Lahia with Israel.
9) On April 11, 2000, the so-called “Israeli Real Estate Official,” a Jewish settler
called Ami – the security officer of Gush Qatif settlement Block – and 15 Israeli
occupation soldiers of the Israeli occupation forces came to tract of land no. 88,
part 2, northwest of Khan Yunis refugee camp, about 150m away from a
military site of the Israeli occupation forces known as “Al-Nouria.” They
notified Tayseer and Noufal Abu ‘Obeida that their 400-square-meter under
construction building on the mentioned governmental tract of land, would be
demolished. Israeli occupation soldiers photographed the site before submitting
the notification to the citizens. On April 24, 2000, the so-called “Israeli Real
Estate Official,” accompanied by four soldiers of the Israeli occupation forces,
came to the site again and notified Taysser Abu Obeida that the building would
be demolished before April 28, 2000. They also photographed it.
10) On April 28, 2000, the so-called “Israeli Real Estate Official” notified
Mohammed Suleiman El-Astal, to relinquish a 400-meter-long road. El-Astal
paved the mentioned road in order to be able to reach his farm on tract of land
no. 89, part 3, which the Israeli occupation forces razed in 1994, prohibiting
him from planting it.
12) On June 2, 2000, Israeli bulldozers razed a seven-donum area of wooded land
in Al-Mawasi area, 50-100m away from Slao settlement. On June 10, 2000,
the Israeli occupation forces razed another three-donum area in the same area.
It is worth mentioning that the razed areas are on part 2260, tracts 1 and two,
and the Israeli occupation forces sought to annex them to Slao settlement.
13) On June 7, 2000, the Israeli occupation forces prevented, under the threat of
force, a Palestinian Agricultural Relief Committees bulldozer from establishing
an agricultural road, leading to its Organic Agriculture Center in the area of El-
Saifa, north of Beit Lahia, southwest of Elli Sinai settlement. The work on the
road, which would enable Palestinian farmers to access their farms near
settlements north of Beit Lahia, began the previous day.
14) On June, 20, 2000, Israeli occupation soldiers established dirt barricades along
the eastern border, approximately 65m long, of a military site at the entrance of
Al-Mawasi area in Rafah. Fortifications of the site were aimed at observing the
entrance and exit of Palestinian citizens into and from Al-Mawasi area.
15) On July 3 and 4, 2000, the Israeli occupation forces expanded the area of Elli
Sinai settlement in the north of Beit Lahia by annexing about 300 donums to
the eastern and western borders and establishing an electric fence. On the
previous day, they positioned six caravans, used as workshops, and a number of
barracks inside the mentioned settlement. In addition, they planted hundreds of
transplants on confiscated Palestinian land.
16) On July 6, 2000, Israeli occupation forces fenced a five-donum area of land in
the area of Tal Reidan, on the seashore of Khan Yunis, adjacent to a military
site of these forces established north of a Palm Beach hotel.
17) The Israeli occupation forces continued to fortify their military sites in the
vicinity of Gush Qatif settlement block in the south of the Gaza Strip. At the
beginning of August 2000, the Israeli occupation forces started to put large
concrete blocks in 150-meter-long trenches, especially to the opposite of
overpopulated Palestinian areas in Khan Yunis and Rafah.
18) On August 20, 2000, the so-called “Israeli Real Estate Official” ordered
Nae’im El-Astal, to uproot trees of guava, olive and palm planted on his tract of
land in the area of Tal Reidan in Al-Mawasi area of Khan Yunis, in a maximum
of four days. The “official” claimed that the tract was under the control of the
Israeli occupation forces. On August 24, 2000, he came again accompanied by
many Israeli occupation troops. They laid siege to the area and started to
uproot trees and destroy irrigation systems. They also uprooted 60 guava trees
on an adjacent 1.5-donum area of agricultural land owned by Othman Mansour
El-Astal.
19) On August 24, 2000, the so-called “Israeli Real Estate Official,” accompanied
by dozens of Israeli occupation soldiers, raided a six-donum area of land, part
3, west of Gush Qatif settlement block, planted with guavas, olives and palms
and owned by Nae’im El-Agha and Othman El-Astal. They uprooted at least
250 fruit-bearing trees and destroyed irrigation hoses. They left the area after
having left a notice dated on August 20, 2000, that ordered the evacuation of
such tract of land in four days.
20) On September 5, 2000, Israeli occupation soldiers raided a tract of land no.
33, parts 4 and 5, north of Morag settlement in the northeast of Rafah. They
attempted to destroy an irrigation system that served about 15 donums planted
with olives and eggplants. They claimed that Palestinian farmers exceeded the
allowed limit of plantation. It is worth mentioning that the affected tract of
land is governmental and leased by the family of Duheir, who had been paying
its fees for 40 years.
21) On September 6, 2000, Israeli occupation soldiers put concrete blocks near the
fence at the southwestern border of Elli Sinai settlement in the north of the
Gaza Strip. This action was apparently carried out to pave the way for the
establishment of a new military site. On July 2000, the Israeli occupation
forces established an electric fence on the southern and western borders of the
settlement, and built a new house to in the southwest of the settlement.
22) On September 13, 2000, the so-called “Israeli Real Estate Official” notified
Othman Mansour El-Astal to evacuate a 1.5-donum area, on a tract of land no.
89, part 3, in the Al-Mawasi area of Al-Satar Al-Gharbi in Khan Yunis. El-
Astal had reclaimed the area of land and transplanted guavas three years ago.
Nevertheless, on August 23, 2000, the Israeli occupation forces uprooted about
60 guava trees planted on the same area of land.
23) On September 13, 2000, a large number of Israeli troops raided a cabin on the
Khan Yunis coast, belonging to Khan Yunis Municipality. They destroyed its
door, window, walls and furniture. Then, they demolished a tent near the cabin
and threw it about 15m away from the cabin. They also insulted Mr. Subhi Al-
Qedra, the tenant of the cabin. Then, they destroyed the door, window, and
furniture of another cabin, established by Anwar Jadallah. The so-called
“Israeli Real Estate Official” ordered Mr. Subhi Al-Qedra on August 30, 2000
to evacuate the cabin on the Khan Yunis coast, claiming that they were
established on governmental land.
(3) Settlement Activities and Practices of Settlers in the Gaza Strip under Full
Protection of the Israeli Occupation Forces
Since 1967, when they occupied the Palestinian territories in the West Bank,
including Jerusalem, and the Gaza Strip, the Israeli occupation forces have sought to
confiscate Palestinian-owned land in order to establish Jewish settlements and roads
for them. This policy has always been directed at changing the demographic nature of
the Palestinian territories and expelling the original population. Most settlement
activities have been focused on occupied Jerusalem due its religious importance for
Jews.
Israeli settlement in the West Bank and the Gaza Strip has been of great importance
for successive Israeli governments to gain the support of Israeli right wing parties.
The previous Israeli government headed by Benjamin Netanyahu adopted a policy of
promoting settlement activities in the Occupied Palestinian Territories. Netanyahu’s
government canceled a 1992 Labor government decision to freeze settlement
activities in the Occupied Palestinian Territories. Consequently, new settlements and
bypass roads were established and existing settlements were expanded at the expense
of Palestinian land.
When Ehud Barak assumed power on July 6, 1999 following his election on May 17,
1999, settlement activities were not halted. Although Sharm El-Sheikh Memorandum
signed on September 4, 1999, between the Palestinian National Authority and the
Israeli government provided, inter alia, that Israeli settlement activities in the
Occupied Palestinian Territories would be halted, settlement activities significantly
increased. This expansion in settlements had the goal of creating a fait accompli by
establishing irreversible facts on the ground in advance of final status negotiations.20
20
A report by the Israeli organization Peace Now stated that during the first quarter of the year 2000,
Israeli settlement activities in the Occupied Palestinian Territories increased 141% since the last
quarter of the year 1999(Al-Hayat Al-Jadida, August 23, 2000). Another report stated that
settlement building constituted 13% of building activities in Israel, three times more than building
in Jerusalem, Haifa and Tel-Aviv. Under a plan to encourage settlements in East Jerusalem, the
Israeli Ministry of Housing recommended the Israeli government increase the amounts of grants to
buy an apartment from 30,000 NIS (approximately US$ 7,500) to 40,000 NIS (approximately US$
10,000), in addition to 20,000 NIS (approximately US$ 5,000) as an incentive to reside in East
Jerusalem. This plan would last for two years (Al-Ayyam, August 16, 2000, from Ha’aretz).
In August 2000, a report by the Israeli organization Peace Now on settlements stated that the Israeli
Labor government, headed by Ehud Barak, established 3,419 housing units in the Occupied
Palestinian Territories during the period of July 8, 1999 to August 25, 2000.
In the Gaza Strip, Jewish settlers continued to attack Palestinian land during the first
nine months of the year 2000. PCHR documented settlement campaigns carried out
by Jewish settlers, under full protection by the Israeli occupation forces, especially in
Al-Mawasi (agricultural) area in Rafah and Khan Yunis.
PCHR continued to document settlement activities in the Gaza Strip. These activities
included: expanding settlements, strengthening military protection for these
settlements, leveling Palestinian land for later confiscation, damaging Palestinian
agricultural products and preventing Palestinian farmers from tending their land.
Following are the most significant settlement activities in the Gaza Strip in the year
2000:
2) On the same day, Jewish settlers established two new units in Morag settlement
in the east of Rafah. The new units were established on a nearby tract of land
confiscated from the families of Duheir, Abu Jazar and El-Masri in 1997.
3) At the beginning of April 2000, Jewish settlers of Tal Qatif established three
100-square-meter buildings inside the mentioned settlement. At the end of the
previous year, those settlers established 20 greenhouses and ten new caravans
inside the mentioned settlement.
4) Since the beginning of April 2000, Jewish settlers of Kfar Darom settlement had
poured sewage from tanks onto a tract of land adjacent to greenhouses of the
mentioned settlement, owned by Mustafa Abu Gharaba. They used to unload
four vehicles weekly. Palestinians living west of the settlement complained that
sewage a cleaning and packing plant for agricultural products inside the
settlement ran into the stream of Al-Salaqa valley. This caused a growth in the
mosquito population, especially in summer time. Sewage also polluted a well
near the mentioned settlement, owned by Nae’im Fadhlallah Al-Qedra.
7) On May 23, 2000, a group of settlers closed the Israeli side of Al-Mentar (Karni)
Outlet for two hours. They obstructed the movement of both Palestinian and
Israeli trucks. They also set fire to rubber tires, apparently in protest to
Palestinian demonstrations on that day near Al-Shuhada’ (Netzarim) junction.
8) Since the beginning of June 2000, settlers continued their campaign to establish
greenhouses on tract of land 92, part 5, of the lands of Tal Al-Jenan opposite to
Neve Dekalim settlement in Al-Mawasi area of Khan Yunis, and on tract of land
89, opposite to Qatif settlement in Al-Mawasi area of Al-Qarara. These tracts of
land were confiscated in 1998 and 1999. The number of greenhouses
established by settlers then was estimated at 200.
9) In the middle of June 2000, settlers established three new buildings in Tal Qatif
settlement at the coastal road between Deir El-Balah and Khan Yunis. Settlers
had established another three buildings in April 2000.
10) On June 21, 2000, settlers, using a bulldozer, damaged and destroyed a dirt
road, approximately 400m long, in Al-Mawasi area of Al-Qarara. The road
connects a farm of guavas and palms, owned by Mohammed El-Astal, with the
main paved road. This road was recently paved by the Palestinian Agricultural
Relief Committees.
11) On June 28, 2000, 28, 2000, approximately 20 settlers, under full protection of
the Israeli occupation forces, established a tent on the seashore of Khan Yunis
on an area used by Palestinians as a summer resort, located approximately
100m, north of Kfar Yam settlement. They provoked Palestinians so quarrels
erupted between the two sides. Then, a unit of the Palestinian-Israeli joint
liaison forces intervened and tried to disperse settlers, but they refused. The
unit opened fire and chased Palestinian youths who were throwing stones.
Then, Israeli soldiers called another force of approximately 60 soldiers, who
chased Palestinian youths and closed the coastal road leading to Rafah. In the
evening of the same day, a number of armed settlers closed the road between
Khan Yunis and its Al-Mawasi area, and threw stones at Palestinian cars,
breaking the glass of Mayor of Khan Yunis Dr. Ossama El-Farra’s car. The
closing of the road lasted until 1:00 local time on the following day.
12) On July 19, 2000, Israeli construction workers established concrete bases on
which they fixed aluminum columns on a tract of land near Slao settlement in
Al-Mawasi area of Rafah, in order to establish greenhouses. This tract of land
was leveled by the Israeli occupation forces on June 2, 2000. Its area is 15
donums and it is a part of a 679-donum area of land, part 2660, tracts 1 and 2.
Israeli bulldozers expanded the road leading to Slao settlement from the west
with 1m wide and approximately 70m long. This road connects between the
center of Rafah and the Sea Street leading to Al-Mawasi area. On August 3,
2000, dozens of greenhouses were established on the tract of land.
13) On August 14, 2000, Israeli construction laborers started to fix iron columns
near the western border of Slao settlement. Those columns were 20-40m away
from the original western border of the mentioned settlement. This step was
part of an effort to annex under-construction greenhouses near the southern
border of the settlement.
14) On August 21, 2000,the Mayor of Gadid settlement in Al-Mawasi area of Khan
Yunis, with another settler from the same settlement, violently beat two
Palestinian laborers, Majed Rawhi ‘Omar El-Doush and ‘Emad ‘Abdullah Abu
Yousef, while they were working in a greenhouse in the settlement. As a
result, the two laborers were injured and bruised throughout the body. Their
magnetic cards and work permits were also confiscated.
During the year 2000, settlers continued to attack Palestinian civilians. Before the
outbreak of the Al-Aqsa Intifada on September 29, 2000, settlers ran over two
Palestinian civilians on the joint main road in the West Bank, killing them. In the
Gaza Strip, a number of Palestinian civilians were injured when they were run over by
settlers's cars traveling at high speeds on joint roads in the Strip.21
From September 29, 2000 until the end of the year, settler killings of Palestinian
civilians escalated to unprecedented levels. During this period, settlers killed 11
21
On September 7, 2000, a speeding settler ran over a 13-year-old child Saleh Khalil El-‘Amoudi,
when he was riding his bicycle on the main road leading to the seashore of Khan Yunis, near Neve
Dekalim settlement. The child collapsed and went into a coma for two days. He was evacuated to
Nasser hospital in Khan Yunis, after he received injuries in the head, the back and the right hand.
On September 24, 2000, an Israeli settler hit a Palestinian vehicle at Al-Shuhada’ (Netzarim)
junction. As a result, 14 Palestinians were slightly or moderately injured. The settler crossed the
mentioned junction, ignoring a Palestinian policeman who was directing traffic at the junction.
Palestinian Security forces intervened and called an ambulance, while Israeli occupation forces
attempted to hide the settler and his car. However, Palestinian Liaison Forces intervened and
opened an investigation.
Palestinian civilians in the West Bank. Settlers also participated with the Israeli
occupation forces in shooting at Palestinian civilians during clashes. Contrary to
settlers’ claims, in all killings, settlers opened fire on Palestinian civilians when no
threat was posed to their lives.22
During the year 2000, Israeli occupation forces continued to adopt policies of
collective punishment against Palestinian civilians through imposing a total siege on
the Occupied Palestinian Territories. They closed the Palestinian National
Authority’s areas and isolated them from the rest of the Occupied Palestinian
Territories. They also imposed curfew on Palestinian areas under their security
control, especially in Hebron.
This policy peaked on September 29, 2000, when the Israeli occupation forces
imposed a total air, sea and land siege on the West Bank and the Gaza Strip. They
closed all crossings of the Gaza Strip into Israeli territories, and very often they
prohibited imports and exports. Furthermore, they closed the so-called “Safe
Passage” between the Gaza Strip and the West Bank through Israeli territories, which
was opened on October 25, 1999. This siege was imposed until the end of the year.
During partial closure, the Israeli occupation forces issued a limited number of
permits for Palestinians to move between the West Bank and the Gaza Strip. Other
than this, Palestinian laborers were denied access to their work places in Israel.
The Israeli occupation forces also closed Rafah Border Crossing between the Gaza
Strip and Egypt and Al-Karama Crossing between the West Bank and Jordan,
prohibiting the travel of Palestinians through the two crossings. Additionally, they
closed Gaza International Airport, the sole air outlet for the Gaza Strip. Furthermore,
they imposed a sea siege on the Gaza Strip and prevented Palestinian fishermen from
entering the sea.
In addition, the Israeli occupation forces restricted movement inside the Gaza Strip.
They reinforced their presence at the main junctions and roads in the Gaza Strip.
Later, the Israeli occupation forces closed Salah El-Din Street (the main road between
the north and south of the Gaza Strip) near the junction leading to Kissufim
settlement, and all alternative branch roads. Additionally, they closed Al-Mawasi
area in Rafah and Khan Yunis, and prohibited movement to and from the area.
Internal closure of the Gaza Strip, very often divided the Strip into three isolated
parts, transforming the Gaza Strip into Gaza Strips.
In the West Bank, the Israeli occupation forces reinforced their presence at the
entrances of Palestinian cities which are under full control by the Palestinian National
Authority, isolating them from the rest of the Occupied Palestinian Territories. The
West Bank was divided into dozens of isolated and besieged parts. This escalation
had disastrous consequences for all aspects of life in the Occupied Palestinian
Territories.
22
See pages 18 and 19 of this report.
The right of persons to move freely is one of the basic human rights that must be
protected. The policy of closure is a form of collective punishment prohibited by
international humanitarian law and the international law. It also contradicts the
Israeli-Palestinian Interim Agreement, which emphasizes the territorial unity of the
West Bank and the Gaza Strip, and calls for safe passage between the two areas
through four safe passage routes crossing Israeli territories.
The siege and restrictions on Palestinians’ free movement has had disastrous
consequences for their social and economic conditions. This policy violates the socio-
economic rights of Palestinian civilians, especially their rights to work, education,
worship and access to Islamic and Christian religious sites in Jerusalem.
Five Palestinian patients died during the last quarter of the year 2000, because the
Israeli occupation forces prevented their evacuation to hospitals. They are:
1) Nazhir Nayef El-Haj Hussein, 23, from Jma’in village near Salfit.
He died on October 11, 2000, after Israeli occupation soldiers prevented his passage
to hospital through Hawara roadblock for hours. He was seriously injured after he fell
from a tractor.
He died on October 13, 2000, when Israeli occupation soldiers prevented his passage
to hospital through a roadblock at the entrance of the village. He suffered from renal
disease.
He died on October 24, 2000, when Israeli occupation forces obstructed his travel
through Al-Karama Crossing for four hours. He suffered from cancer.
He died on November 11, 2000, when the Israeli occupation forces, which imposed
curfew on the village, prevented his transfer to hospital. He suffered from cardiac
disease.
Denial of Palestinian Laborers’ Access to Their Work Places in Israel
Palestinian laborers working in Israel live under severe economic conditions due to
frequent Israeli closure of crossings, confiscation of work permits, and denial of
access to work places.
On May 8, 2000, Israeli occupation forces imposed a total closure on the Occupied
Palestinian Territories and closed all crossings of the West Bank and the Gaza Strip
into Israel on the occasion of the so-called “Independence Day.” Under the closure,
thousands of Palestinian laborers were denied access to their work places in Israel,
and movement of persons, including VIP’s, between the West Bank and the Gaza
Strip was prohibited, except for humanitarian cases. This closure lasted until the
evening of May 10, 2000.
Although Israeli occupation forces imposed a partial closure on the Gaza Strip since
the beginning of the year, the measures employed from September 29 2000 were
unprecedented. Under the total siege on the Occupied Palestinian Territories that was
imposed the grounds of the clashes between Palestinian civilians and Israeli forces,
more than 120,000 Palestinian laborers were denied access to their work places in
Israel, including 25,000 regular laborers (those under contract with long-term work
permits) from the Gaza Strip and thousands of irregular laborers.
The number of Palestinian laborers from the Gaza Strip working in Israel decreased in
comparison to their number in the previous year. In 1999, their number was
approximately 25,000 and from January to September 2000, it was approximately
24,000.23 In addition, thousands of Palestinian laborers worked in Israel without work
permits and without Israeli security checks, thus undermining the Israeli security
claims in justifying the imposition of a total siege on the West Bank and the Gaza
Strip. Nevertheless, when the current total siege was imposed on the Occupied
Palestinian Territories, all Palestinian laborers were denied access to their work places
in Israel. On December 13, 2000, the Israeli occupation authorities handed 3,000
work permits for Palestinian laborers from the Gaza Strip to the Palestinian Ministry
of Labor. Those permits were issued under new and complicated procedures only to
workers above the age of 37 with a clean security record. Nevertheless, on the
following two days, only 43 and 50 laborers, respectively, went to their work places.
23
Approximately 2,500 Palestinian laborers from the Gaza Strip work in Erez industrial zone in the
north of the Gaza Strip and have been able to reach their work places since the beginning of the
current siege, with the exception of a few days.
A table showing the number of work permits offered to Palestinian laborers
from the Gaza Strip to work in Israel in 2000
In 2000, the Israeli occupation forces continued to restrict and obstruct the
commercial transactions of the Gaza Strip. They frequently closed crossings for
Gazan imports and exports. Sometimes, they allowed the passage of Palestinian
trucks through Beit Hanoun (Erez) Crossing under a system knows as “the Convoy
System,” if they met all the requirements.24 In step designed to damage the Palestinian
economy, the Israeli occupation forces closed Beit Hanoun (Erez) Crossing in the
beginning of March 2000 and transfered the trafic to Al-Mentar (Karni) Outlet, under
a system known as “back-to-back.” In the middle of February 2000, the Israeli
occupation forces started to decrease the number of Palestinian trucks passing through
Beit Hanoun (Erez) Crossing as a preliminary step towards closing it to Palestinian
commercial transactions. In its response, the High Committee to examine the impact
of closure established by the Palestinian National Authority decided to stop the
importation of four kinds of goods from Israel – electronics, mineral water, drinks,
and biscuits and chocolate.25 Later the Undersecretary of the Palestinian Ministry of
Civil Affairs, Sufian Abu Zaida, stated that the Israeli occupation forces canceled the
measure and decided to continue commercial transactions at Beit Hanoun (Erez)
Crossing as usual.26
An Israeli civil administration employee strike, which started on May 3, 2000 and
lasted for several weeks, decreased Palestinian exportation by 45-50%. In addition,
Palestinian civil documentation was obstructed.27
On April 3, 2000, the Israeli occupation forces closed Sofa Commercial Crossing
between the Gaza Strip and Israel, east of Rafah, to Palestinian trucks transporting
aggregate – a construction material. This closure lasted for one day. On May 4 and 5,
24
Under this system, a number of Palestinian trucks allowed to cross Israeli territories in convoys
accompanied by Israeli security forces.
25
Al-Ayyam, February 16, 2000.
26
Al-Hayat Al-Jadida, March 1, 2000.
27
A statement by the Director-General of the Palestinian Ministry of Economy and Trade ‘Abdel-Hafiz
Noufal in Al-Ayyam, June 4, 2000.
2000, the Crossing was closed again for over five hours. It was reopened on the
following day.
On May 21, 2000, the Israeli occupation forces prevented the entry of Palestinian
trucks transporting construction materials, which worked under the “Convoy System,”
from entering Israel through Beit Hanoun (Erez) Crossing. Sixty Palestinian trucks
loaded with cement and aggregate were blocked until 14:00 local time. The Israeli
occupation forces justified this by claiming that Al-Shuhada’ (Netzarim) junction,
south of Gaza City, was closed. A Palestinian truck driver, Hussam Salim, suffered
from sunstroke and was evacuated to a clinic in the Erez area.
On September 17, 2000, Israeli occupation forces closed Al-Mentar (Karni) Outlet to
250 Palestinian trucks loaded with goods and prevented their entry into Israel. This
was in response to clashes at Al-Shuhada’ (Netzarim) junction, south of Gaza City,
between Palestinian civilians and these forces, during which an Israeli soldier was
injured with a stone.
Since September 29, 2000, the Israeli occupation forces imposed a total siege on the
Occupied Palestinian Territories. Under the siege, exports from and imports to the
Gaza Strip were prohibited despite Israeli claims to have eased this from time to time.
The siege further aggravated the dire economic conditions in the Gaza Strip. Under
the siege, all commercial crossings of the Gaza Strip were closed as follows:
Israeli occupation forces have closed Al-Mentar (Karni) Outlet since September 29,
2000. This was a punitive measure against Palestinians in the Gaza Strip and an
attempt to weaken the Palestinian economy. Under this closure, exports from and
imports into the Gaza Strip was prohibited. The entry of approximately 450
Palestinian trucks transporting goods and approximately 120 trucks working under the
“Convoy System,” was prohibited. Furthermore, Palestinian laborers, drivers, and
merchants were unable to work as a result of the obstruction of commercial
transactions through the outlet.
On October 10, 2000, the Israeli occupation forces partially reopened Al-Mentar
(Karni) Outlet. They partially eased importation and exportation and allowed the
entry of some foodstuffs, but continued to prohibit the entry of trucks working under
the “Convoy System.” These trucks used to transport construction materials into the
Gaza Strip. Palestinian sources stated that, prior to the siege, 30 Palestinian trucks
transported cement into the Gaza Strip. Only 50% of Palestinian trucks that used to
cross before the siege were allowed to pass. In addition, they were only permitted to
transport meat, milk products, fruits and furniture. The entry of construction materials
was prohibited.
In a serious escalation, on Tuesday, November 14, 2000, the Israeli occupation forces
re-closed Al-Mentar (Karni) Outlet, prohibiting exports from and imports into the
Gaza Strip. On Thursday, November 16, 2000, the Israeli occupation forces
prohibited the entry of petrol into the Gaza Strip, creating a severe fuel shortage. On
the same day, the Israeli occupation forces prevented two ships from France from
unloading 4,200 tons of gas destined for the Palestinian National Authority.
On November 19, 2000, Al-Mentar (Karni) Outlet was partially reopened and
remained so until the end of the year.
On October 8, 2000, the Israeli occupation forces closed Beit Hanoun (Erez)
Crossing, prohibiting movement and commercial transactions between the Gaza Strip
and the West Bank and between the Gaza Strip and Israel. In addition, thousands of
Palestinian laborers from the Gaza Strip who work in Israel were not able to reach
their places of work. On December 14, 2000, the Israeli occupation forces partially
reopened the crossing. It remained open until the end of the year, but it was re-closed
in January 2001.
3. Sofa Crossing
On October 8, 2000, the Israeli occupation forces closed Sofa Crossing, east of Rafah.
Consequently, they prohibited commercial transactions through the crossing until the
end of the year. In addition, they prohibited the entry of approximately 250
Palestinian trucks that used to transport aggregate and other construction materials to
the Gaza Strip.
Denial of the Right to Receive Medical Care outside the Gaza Strip
Due to the lack of necessary medical equipment, the Palestinian National Authority is
frequently forced to transfer patients with serious health conditions to hospitals in the
West Bank, Jerusalem, Israel and Arab countries, such as Egypt and Jordan.
Since Israel imposed a total siege on the Gaza Strip, there has also been a restriction
on the number of permits issued for Palestinian patients to receive medical care
outside the Gaza Strip. At times, permits were denied even when all the requirements
had been met and the patients were in serious condition. This policy has had
disastrous consequences, including death. Palestinian patients have died when Israeli
forces prevented them from passing military roadblocks for several hours or when
they have been denied permits for medical treatment in Israel or in Arab countries.
Although Israel has declared that it would issue permits for Palestinian patients
seeking medical treatment, Israeli security claims remained a basic obstacle to the
transfer of patients to hospitals abroad. Furthermore, Israel frequently refuses permits
for persons accompanying the patients.
Th total siege imposed on the Occupied Palestinian Territories since September 29,
2000 affected all aspects of life in the Gaza Strip. The Palestinian health sector
deteriorated as a result of the closure of all border crossings and of Gaza International
Airport. Under the siege, Israeli measures adversely affected the Palestinian health
sector, in several respects:
The total siege imposed on the Gaza Strip impeded the prompt entry of medical
assistance, such as ambulances and medicines, into the Gaza Strip. This medical
assistance was blocked at the Egyptian side of Rafah Border Crossing, or stored in Al-
‘Arish in Egypt, until the Israeli occupation forces allowed its entry into the Gaza
Strip. Although Israel declared that it would ease the siege, the Palestinian medical
situation did not improve. Israel continued to deny the entry of trucks loaded with
medicines and medical equipment through Rafah Border Crossing: in one example,
Israel denied the entry of nine trucks and of 30 ambulances donated by Saudi Arabia
into the Gaza Strip.
On Saturday, October 25, 2000, at Al-Karama Crossing the Israeli occupation forces
obstructed the passage to Jordan of a Palestine Red Crescent Society ambulance
tranporting Mohammed Nasser Abu Zaid who was critically wounded in the chest.
The Israeli forces claimed that he was a wanted man.
Furthermore, the siege obstructed the access of Palestinian patients to Israeli hospitals.
Approximately 20 cancer patients and 75 heart patients used to receive treatment in
Israeli hospitals under a highly regulated regime. On Wednesday, October 25, 2000,
the Israeli occupation forces prevented seven Palestinian cancer patients from exiting
the Gaza Strip to transfer to Israel’s Assota Hospital. PCHR learned that those
patients had previously received chemotherapy twice a week.
On October 27, 2000, a 13-year-old child, Dhib Ibrahim El-Najjar, was transferred
from Shifa’ hospital in Gaza City to a hospital in Jordan. The child was wounded
with a rubber-coated metal bullet in the head. He was allowed to travel, but his father
Ibrahim El-Najjar was prevented, although the child needed his father’s care,
attention, and assistance.
Israel also imposed an internal siege on the Gaza Strip, separating its south from its
north. Military roadblocks prevented physicians and medicines from reaching their
destinations at hospitals in the south. Furthermore, the Israeli occupation forces
prevented patients from passing through military roadblocks, positioned between
Palestinian cities and villages. On November 19, 2000, a Palestinian woman from Al-
Mawasi area of Khan Yunis was forced to deliver her child on her way to the hospital
as she was transported on a cart after Israeli occupation soldiers, positioned at Al-
Tuffah roadblock, prevented her evacuation to hospital by an ambulance.
The Israeli occupation forces also prevented the entry of some of the wounded who
had received treatment abroad into the Gaza Strip.
During the year 2000, the Israel restricted the international travel of Palestinians from
the Gaza Strip. On February 25, 2000, under security claims, Israel prevented the
travel of 19 Palestinians from the Gaza Strip through Gaza International Airport to
Saudi Arabia for pilgrimage.
On March 28, 2000, the Israeli occupation forces prevented the travel of a journalist,
Maher Farraj, to Egypt through Rafah Border Crossing. No clear reason was
provided.28
On May 3, 2000, Israeli combat planes flew over Gaza International Airport to
prevent arrivals and departures. This measure followed tension between the Israeli
and Palestinian sides regarding the aviation routes to and from the airport.
On May 10, 2000, the Israeli occupation forces prevented Mousa ‘Abdel-Rahman
Nour from traveling to Morocco through Gaza International Airport. Although
Mousa is originally Sudanese, he was imprisoned in Israeli jails and was released on
October 15, 1999. After he was released, Nour received a Palestinian identity card.
Although the Palestinian side intervened to facilitate his travels, all attempts failed.
Since September 29, 2000, the Israeli occupation forces have further restricted the
movement of travelers from and to the Gaza Strip. They closed all border crossings
and Gaza International Airport.
Furthermore, the Israeli occupation forces did not allow the visit permit renewal for
Palestinians coming from other countries to visit the Gaza Strip. An official source of
the Palestinian Ministry of Civil Affairs stated that many visiting families were not
allowed to leave the Gaza Strip. For example, the family of Quz’at, who hold
American citizenship, were not allowed to travel abroad. Although the US Embassy
intervened to persuade the Israel side to allow their travel, they were still unable to
leave.
Israeli measures also affected foreign missions and international organizations. Their
employees were not able to enter the Gaza Strip without Israeli approval. These
measures excluded diplomats and journalists.
28
This was the second time that Farraj was prevented from travelling abroad. He was also prevented
from travelling to Malta in November 1999 where he was to participate in a conference.
Following is a table that shows closures of Rafah Border Crossing and Gaza
International Airport in 2000:
The Israeli occupation forces are still detaining more than 2,605 Palestinians in Israeli
jails. Since the outbreak of Al-Aqsa Intifada, the Israeli occupation forces have
imposed a total siege on the Occupied Palestinian Territories and have deprived
Palestinian prisoners of family visitation. In addition, the Israeli occupation
authorities prevented lawyers from the West Bank and the Gaza Strip from visiting
Palestinian prisoners in Israeli jails. As a result, Palestinian prisoners were deprived of
their right to counsel. These conditions have not only violated prisoners rights but
also adversely affected their psychological well-being.
Under the total siege that was imposed by the Israeli occupation forces on the
Occupied Palestinian Territories since September 29, 2000, Gazan students were not
able to attend classes at their universities in the West Bank. This measure violates
their right to education. Similarly, Gazan students who were in the West Bank have
been unable to visit their families in the Gaza Strip.
Under the total strict siege on the Occupied Palestinian Territories, both Muslim and
Christian Palestinians have been prevented from visiting the holy sites in Jerusalem
and Bethlehem. As such, they have been deprived of their right to freedom of
worship. On November 27, 2000, the month of Ramadan (the holy month of fasting
in Islam) started. In previous years during this month, Palestinian Muslims in the
West Bank and the Gaza Strip used to pray at Al-Aqsa Mosque in Jerusalem.
However, in violation of the right to freedom of worship, the Israeli occupation forces
have denied these Muslims access. Furthermore, the siege decreased the number of
Palestinians wishing to undertake ‘umrah (the lesser pilgrimage, which in contrast to
the hajj is non-obligatory and can be undertaken at any time during the year) in Saudi
Arabia.
During the year 2000, the Israeli occupation forces continued to restrict the work of
the PLC. Despite the fact that PLC members have VIP cards, which should permit
free movement, Israel restricted member movement between the West Bank and the
Gaza Strip. These measures escalated since September 29, 2000, when the Israeli
occupation forces imposed a total siege on the Occupied Palestinian Territories. As a
result, PLC members from the Gaza Strip were prevented from attending sessions in
Ramallah, and PLC Members from the West Bank were not able to attend sessions in
the Gaza Strip.29
Since September 29, 2000, the Israeli occupation forces have closed the so-called
“Safe Passage” corridor as part of their siege imposed on the Occupied Palestinian
Territories. Before the closure, movement between the West Bank and the Gaza Strip
through this corridor that connects the Gaza Strip with Tarqoumia village near Hebron
was not easy. During the first nine months of the year 2000, the Israeli occupation
forces restricted this movement. Furthermore, thousands of Palestinians from the
Gaza Strip were prevented from moving freely between the Gaza Strip and the West
Bank under the pretext of Israeli security concerns. People willing to travel through
this passage were subjected to lengthy and provocative security measures. A round
trip journey, which under normal conditions would take less than three hours, would
take approximately ten hours under these conditions.30
29
Before these measures were adopted, PLC Member Wajih Yaghi was frequently provoked at Israeli
checkpoints. On March 15, the Israeli side refused to issue a VIP card for 2000 for Yaghi.
30
For more information about the Safe Passage, see the report issued by PCHR on December 8, 1999,
“The Unsafe Passage: A Special Report on the Safe Passage.”
Restrictions on Free Movement inside the Gaza Strip
The Interim Agreement and subsequent agreements signed between the PLO and the
Israeli government did not give Palestinians full sovereignty over the Gaza Strip.
Israeli occupation forces control approximately 42% of the Gaza Strip, including
settlements, military positions, and the roads leading to them. Israeli occupation
soldiers are positioned on main junctions which enables them to control the
movement of Palestinians inside the Gaza Strip.
Since September 29, 2000, the Israeli occupation forces further restricted the
movement of Palestinians inside the Gaza Strip. On November 20, 2000, the Israeli
occupation forces closed Salah El-Din Street (the main road between the north and
south of the Gaza Strip) near Al-Matahen junction leading to Gush Qatif settlement
block, near Kfar Darom and Morag settlements and near the junction leading to
Kissufim Crossing on the east border of the Gaza Strip. This measure isolated the
south of the Gaza Strip from its north. The Israeli forces also reinforced their
presence on Salah El-Din Street with tanks and armored vehicles. On November 23,
2000, the Israeli occupation forces partially reopened a branch road, east of Kissufim
junction. Palestinians would ordinarily utilize this road when Salah El-Din Street was
closed. The Israeli occupation forces opened road only from 10:00 to 12:00 and from
16:00 to 18:00 local time and imposed severe restrictions and humiliating security
procedures.
On December 11, 2000, the Israeli occupation forces completely closed Salah El-Din
Street, but they reopened it on the following day.
On December 13, 2000, the Israeli occupation forces closed the western road between
Rafah and Khan Yunis with concrete blocks, separating the two cities.
On December 20, 2000, the Israeli occupation forces closed a branch road east of
Kissufim junction, south of Deir El-Balah. Palestinians were allowed to travel
between the north and south of the Gaza Strip only through Al-Heker road that
crosses Deir El-Balah.
In an unprecedented and grave escalation, the Israeli occupation forces divided the
Gaza Strip into three isolated parts. They closed Salah El-Din Street and the coastal
road. Movement between Palestinian areas was completely prohibited. This closure
lasted through the end of the year.
PCHR resumed publication of its “Closure Update” which detailed the impact of total
Israeli closure on the Gaza Strip. The “Closure Update” had been issued since 1996.
PCHR issued 22 Closure Updates which documented closure’s impact on the
Palestinian economy, health, education, industry and other sectors. PCHR found it
urgent to resume publishing the update when the Israeli occupation forces imposed a
total siege on the Occupied Palestinian Territories on September 29, 2000. PCHR
issued 8 Closure Updates from September until the end of the year.
During the year 2000, PCHR continued to work on the issue of Palestinian prisoners
in Israeli jails. The Israeli occupation forces continued to detain approximately 2605
Palestinians in Israeli jails. During the year 2000, the Israeli occupation forces
arrested a number of Palestinians in areas under their security control, at border
crossings with Egypt and Jordan, at Gaza International Airport, and at crossings
between the Occupied Palestinian Territories and Israel.
Palestinians living in the Palestinian National Authority controlled areas were not
excluded from these measures. The Israeli army command issued two military orders
in September 1997 under which Israeli military courts were authorized to address
cases of violations of military orders in areas under the Palestinian National
Authority jurisdiction. When the Al-Aqsa Intifada broke out on September 29, 2000,
the Israeli government, headed by Ehud Barak, adopted “crack-down” measures. As a
result, the Israeli occupation forces arrested many Palestinians in the West Bank and
the Gaza Strip for participating in clashes. In the Gaza Strip, the Israeli occupation
forces arrested 13 Palestinians during the last quarter of the year 2000. They also
prohibited families and lawyers from visiting prisoners.
According to PCHR’s documentation, Israeli security services arrested more than 400
Palestinians during the last quarter of the year 2000,31 including 43 Palestinians from
the Gaza Strip who were arrested at Rafah Border Crossing, at Gaza International
Airport, at the entrances of settlements, at military roadblocks, at Beit Hanoun (Erez)
Crossing between the Gaza Strip and Israel, at Tarqoumia Crossing between the West
Bank and the Gaza Strip.32 These people were arrested on the basis of participating in
31
Israel does not usually report the number of Palestinians arrested, but this number can be deduced
from the documentation of the Israeli military court in the Gaza Strip and from the serial numbers of
indictment bills. Often, an indictment bill is related to more than one prisoner, and some times
persons are arrested and then released without being indicted. Therefore, the actual number of
prisoners exceeds this figure.
32
This crossing was established at the entrance of Tarqoumia village near Hebron to serve as an
entrance from the Gaza Strip into the West Bank. It was operated on October 25, 1999, when the
so-called “Safe Passage” between the West Bank and the Gaza Strip was opened.
the Al-Aqsa Intifada.33 The remaining prisoners were arrested inside Israel for lack of
entry permits. Those prisoners are tried at the Israeli court in Erez area, and they are
sentenced to three months in prison or fines.34
A Table of the Numbers of Palestinians from the Gaza Strip Arrested in 2000
and the Places of Arrest35
On May 1, 2000, Palestinian prisoners in Israeli jails began a hunger strike to protest
to their dire conditions and the Israeli jail administration’s isolation policies. The
hunger strike started at Hadarim prison near Talmond, which is a high security prison.
Prison rooms are designed to isolate prisoners from their visitors by thick glass;
prisoners and their visitors are therefore only able to communicate by telephone. The
prisoners rejected these measures and refused to be visited for eight months until the
Israeli authorities agreed to replace the thick glass with iron windows. However, the
authorities affixed tin shields so prisoners and their visitors were not able to see each
other unless they stood up. This caused friction between prisoners and jailers who
always ordered prisoners to sit during visits. The conditions for Palestinian prisoners
worsened significantly after Israeli jailers attacked prisoners’ rooms to force them to
cease the hunger strike. As a result, what erupted, especially in Mageddo prison, was
that approximately 30 prisoners were injured.
As a result, on April 25, 2000, Palestinian prisoners cancelled family visits. On May
1, 2000, they started a hunger strike. They demanded: improved family visitation
33
On Monday, August 21, 2000, at approximately 14:00 local time, the Israeli occupation forces
arrested Ra’ed Salim Salhia, 27, from Khan Yunis, after he and his companion, Hussam Mahdi, lost
their way as they were driving back from work. They were traveling on a road used by Israeli cars
that connects between Gush Qatif settlements. In his testimony to PCHR, Hussam Mahdi said that
an Israeli military jeep intercepted their car near Gani Tal settlement. Israeli soldiers confiscated
their identity cards and detained them in the jeep for three hours, during which time they checked
the car. Later, Mahdi was released, but Salhia was taken to an unknown destination. He is still
detained.
34
These arrests undermine Israeli security claims regarding the necessity of closure of the Occupied
Palestinian Territories. It is clear that hundreds of Palestinians can sneak into Israel to look for jobs.
35
This table does not include Palestinians who were arrested inside Israel for lack of entry permits.
conditions; improved medical, education, and religious facilities; decreased prison
overcrowding; ceased use of collective punishment; and ceased deprivation of
visitation rights. All these demands in addition to their right to be released, are
provided for in the Fourth Geneva Convention of 1949 and by the UN Minimum
Rules for Treatment of Prisoners, adopted in 1955.
Local and international pressure on the Israeli government to improve the living and
health conditions of Palestinian prisoners in Israeli jails forced the Israeli jail
administration to meet some of the prisoners’ demands. Therefore, on May 30, 2000,
Palestinian prisoners cancelled their hunger strike.36
In 2000, the Israeli occupation forces released 37 Palestinian prisoners as part of the
Israeli government’s obligations under the Sharm El-Sheikh Memorandum signed on
September 4, 1999 between the Palestinian President Yasser Arafat and the Israeli
Prime Minister Ehud Barak.37
36
Clashes erupted between the Israeli occupation forces and Palestinian civilians who organized
demonstrations in solidarity with Palestinian prisoners in Israeli jails. During these clashes, eight
Palestinian civilians were killed in the West Bank, and dozens were wounded throughout the
Occupied Palestinian Territories. See Al-Hayat Al-Jadida on May 31, 2000.
37
Article 3 of the Sharm El-Sheikh Memorandum provides that:
i. The two Sides shall establish a joint committee that shall follow-up on matters related
to release of Palestinian prisoners.
ii. The Government of Israel shall release Palestinians and other prisoners who
committed their offences prior to September 13, 1993, and were arrested prior to May
4, 1994. The Joint Committee shall agree on the names of those who will be released
in the first two stages. Those lists shall be recommended to the relevant Authorities
through the Monitoring and Steering Committee;
iii. The first stage of release of prisoners shall be carried out on September 5, 1999 and
shall consist of 200 prisoners. The second stage of release of prisoners shall be
carried out on October 8, 1999 and shall consist of 150 prisoners;
iv. The joint committee shall recommend further lists of names to be released to the
relevant Authorities through the Monitoring and Steering Committee;
v. The Israeli side will aim to release Palestinian prisoners before next Ramadan.
On September 9, 2000, the Israeli occupation forces released 199 Palestinian prisoners, 98 from the
Gaza Strip and 101 from the West Bank. This was the first stage of prisoners’ release according to
the Memorandum, which should have included 200, but one of the prisoners refused his release
because his prison term was due to end a week later. He therefore called for the release of another
prisoner.
On October 15, 2000, the Israeli occupation forces released 151 Palestinian prisoners, 83 from the
Gaza Strip, 68 from the West Bank and 37 from Arab countries. This was the second stage of
prisoners’ release according to the Memorandum.
On December 29, 2000, the Israeli occupation forces released 26 Palestinian prisoners, 8 from the
Gaza Strip, 18 from the West Bank. On the following day, they released 7 prisoners from
Jerusalem. This was the third stage of prisoners’ release according to the Memorandum.
Thus, the number of Palestinian prisoners released according to the Memorandum was 383. They all
undertook not to engage in “actions of violence and terrorism,” and not to enter Israeli without
On January 6, 2000, the Israeli occupation forces released 22 Palestinian prisoners
from the West Bank and the Gaza Strip. The majority of those released had been
sentenced for short periods in prison on the basis of entering Israel without
permission.
On March 19, 2000, the Israeli occupation forces released five Palestinian prisoners.
On the following day, they also released an additional ten. Of the total 15 Palestinian
prisoners that were released, six were from the Gaza Strip, four were from the West
Bank and five were from East Jerusalem. The Israeli occupation forces asserted that
they released those prisoners on bona fide toward the Palestinian National Authority,
and not on the basis of the Sharm El-Sheikh Memorandum. The release coincided
with ‘Eid al Kabir, or the greater Islamic feast.38
The following table shows the number of Palestinian prisoners and their places of
detention at the end of 2000:
In 2000, Israeli General Security Service (GSS) interrogators continued to use torture
methods against Palestinian prisoners. This continued despite the Israeli High Court’s
permission. The remainder of the time of imprisonment was considered as a three-year arrest of
judgement.
38
Al-Hayat Al-Jadida, March 21, 2000.
decision on September 6, 2000 to ban the use of torture methods by interrogators
against Palestinian prisoners.39
PCHR paid particular attention to developments related to the Israeli High Court’s
decision to ban the use torture methods against Palestinian prisoners and GSS
implementation. Following the decision, the number of lawyers prevented from
visiting prisoners increased in an apparent attempt to conceal torture, under
conspiracy by the High Court itself.40 The Israeli GSS also increased interrogation and
the Israeli jail administration increased prisoner mistreatment.41
Some Israeli parties sought to legislate the use of torture against Palestinian prisoners.
However, the GSS, headed by Ami Aloon, publicly rescinded this request, in a special
meeting held on February 15, 2000, which included Israeli Prime Minister Ehud
Barak, Justice Minister Yousi Belin, Deputy Defense Minister Ibraiem Sinah, as well
as the Legal Advisor of the Israeli government Ilyakem Robinshtain and the Attorney
General Edna Arbil. Robinshtain also committed to providing legal counsel for any
interrogator resorting to “special methods” (i.e. torture) in certain cases.
On Monday, 6 September 1999, the High Court of Justice convened and issued its ruling on a
number of applications submitted to the Court by human rights groups against the use of torture
methods by GSS. The Court’s ruling prohibited the use of physical force by the GSS. Specific
methods prohibited included shaking, shabeh, sleep deprivation, loud music and frog crouching.
Hanna Friedman, the Executive Director of the Israeli Committee against Torture stated that
interrogators of the Israeli GSS continued to use methods of torture against Palestinian prisoners, in
violation of the decision taken by the Israeli High Court.
40
For example, on June 18, 2000, PCHR issued a press release in which it condemned continued denial
of detainee Nabil Abu Oukel’s right to have access to his lawyer, under approval by the Israeli High
Court. PCHR feared that he was tortured during interrogation. PCHR also stated that the position
of the Israeli High Court violated the right of detainees to have access to their lawyers. Moreover, it
was PCHR's view that this move was designed to indirectly prevent lawyers from verifying that
detainees have not been subjected to ill treatment. On the following day, PCHR issued a similar
press release regarding the denial of detainee Mohammed Abdel-Azziz’s right to have access to his
lawyer.
41
See above details about the prisoners’ hunger strike.
Israel’s obligation as a signatory to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment of 1984.42
On August 11, 2000, a Palestinian prisoner, Ramez Fayez Mohamed Rashid El-Razi,
25, from Nusseirat refugee camp in the Gaza Strip, died in his cell in Nafha prison in
Israel. El-Razi was arrested by the Israeli occupation forces seven months previously
in Alafolah. He was convicted of entering Israel without the required permit and
sentenced to three years imprisonment.
Administrative Detention
Administrative detention is the mechanism that has been used by the Israeli forces in
the last 30 years to arrest any member of the public without charge or trial. The arrest
order is issued by the Israeli District Military Commander in Palestinian controlled
areas in the Gaza Strip and the West Bank. This excludes East Jerusalem (and other
areas where Israel claims sovereignty), where the orders are issued through the Israeli
Defense Minister. Administrative detention measures do not follow correct judicial
procedures as required by international human rights standards. In a clear violation of
human rights, the detainee is barred from his right to a fair trial, from knowing what
he is accused of; and from his right to a suitable defense.
1. On June 22, 2000, an undercover unit of the Israeli occupation forces arrested Radi Safi
Safi, 39, from Al-‘Obeidia village near Bethlehem, after he was wounded with several live
bullets in the side and the right arm. He was evacuated to Hadassa hospital in Jerusalem,
but the GSS refused to allow him to stay for treatment. He was transferred to Al-
Maskoubia prison for interrogation. He was tortured, detained in a cell and deprived of
food and medical care.
2. On August 27, 2000, an Israeli unit, known as “Dovdovan,” arrested Nidal Mohammed
Daghlas, 39, from Assira near Nablus. Daghlas was wounded with a live bullet in the leg
and was arrested. He was subject to torture methods during interrogation. He asserted to a
lawyer of the Palestinian Society for the Protection of Human Rights and the Environment
that he was tortured.
3. On November 9, 2000, Israeli occupation soldiers arrested Rami Yasser Za’oul, 15, from
Housan village near Bethlehem, for throwing stones. He was taken to a military site in
Gush Etsion settlement block. He was tortured by Israeli soldiers who interrogated him.
Israeli soldiers forced him to take off his clothes for several hours. They also put ice on his
body and then bathed him with hot water. He was also deprived of sleep and food. They
also beat him, shook him and used the Shabeh method against him.
many cases, administrative detention orders are issued against Palestinian detainees at
the end of their prison sentence.
At the end of 2000, the Israeli occupation forces were still detaining 14 Palestinians in
administrative detention.43 Like other Palestinian prisoners, they are imprisoned in
jails inside Israeli territories in violation of the Fourth Geneva Convention. The
Fourth Geneva Convention prevents the occupying power from transferring prisoners
from the occupied territories to its territory.
The Legal Aid Unit has continued its work of providing legal services for detainees.
Four lawyers work in the unit and handle complaints from the families of the
detainees everyday. The services provided include the following:44
During 2000, PCHR’s Legal Unit pursued the cases of 72 Palestinians in Israeli
prisons compared with 87 detainees in 1999. Priority is given to the cases of poor
prisoners, whose families cannot pay the cost of legal services.
With regard to the issue of detainees in Israeli prisons, the services of the unit in 2000
can be summarized as follows:
The detention location of 72 detainees was determined and their families were
notified. Three of them were released before trial.
At the request of PCHR, Israeli lawyers visited 60 detainees
In 19 cases, lawyers appeared before the Israeli Military court to defend the
detainees
Twelve detainees whose cases were pursued by PCHR were released.
Fifteen detainees whose cases were pursued by PCHR have been brought to
trial
Objections were raised regarding the obstruction of lawyers’ visitation in five
cases.
In three cases, lawyers raised objections to the court concerning excessively
harsh sentences against detainees.
Nine cases concerning the obstruction of family visitation were pursued. Four
families were allowed to visit detainees.
43
Source: the Palestinian Ministry of Prisoners’ Affairs.
44
Israel prevents Palestinian lawyers from Gaza Strip from visiting prisons and detention centres in
Israel and from representing their clients before the Israeli courts. Therefore, the Legal Unit
depends on a number of Israeli lawyers to work on dozens of files. In addition, the Legal Unit
coordinates and cooperates with human rights centres and institutions in Israel.
Two cases in which detainees had completed one third of their sentences but
were not released by the Israeli authorities were pursued. Their cases are still
being pursued.
After consultation between PCHR, and the Palestinian Ministry of Prisoners’ Affairs
and the Prisoners’ Society (Hussam) during February and March 2000, the three
decided to organize common activities to commemorate the Palestinian Prisoners’
Day on April 17. They agreed to organize a public conference under the auspices of
the Prisoners’ Society (Hussam), an exhibition of prisoners’ artwork under the
auspices of the Palestinian Ministry of Prisoners’ Affairs, and an expert meeting on
the legal status of Palestinian prisoners in Israeli jails, under the auspices of PCHR.
On April 17, 2000, a public conference was held in solidarity with Palestinian
prisoners, speeches were given by Tayeb ‘Abdel-Rahim, Secretary of the Palestinian
Presidency, Hisham ‘Abdel-Razeq, Minister of Prisoners’ Affairs, and Raji Sourani,
Director of PCHR. Prisoners' artwork was also displayed. This conference was an
expression of solidarity with Palestinian prisoners and commitment to their immediate
release. The conference concluded with an exhibition of artwork of Palestinian
prisoners in Israeli jails.
The Expert Meeting on the Legal Status of Palestinian Prisoners in Israeli Jails (‘the
meeting’) convened in Gaza on 18-19 April 2000 (hosted by PCHR in cooperation
with the Palestinian Ministry of Ex-Prisoners and Detainees Affairs and Hussam
Association for Prisoners and Ex-Prisoners). The meeting discussed and deliberated
on the status of Palestinian and Arab prisoners incarcerated in Israeli jails. The
illegality of the transfer of those prisoners from the OPT to Israeli jails received
particular attention.
5. End the use of administrative and arbitrary detention, and to cancel emergency
legislation enabling for these practices;
6. Release all Palestinian and Arab prisoners who have completed their sentences;
8. Immediately release all prisoners held in Al Khiam and other prisons in South
Lebanon, whose lives are under serious threat and whose welfare is under the
responsibility of the State of Israel. Furthermore the State of Israel must
redress and compensate all prisoners held in Al Khiam prison, all of whom
were held illegally and subjected to torture. The State of Israel is also
responsible for holding legally accountable all those responsible for the illegal
incarceration and torture of prisoners in Al Khiam.
The meeting furthermore called upon the High Contracting Parties to the Fourth
Geneva Convention to:
Torture
Torture, which has been practiced extensively by Israel in its subjugation of the
Palestinian people, is one of the most atrocious violations of human rights. The
meeting emphasized the following:
1. The State of Israel has ratified the United Nations Convention against Torture
and all Other Cruel, Inhuman or Degrading Treatment or Punishment (‘the
Convention’), which is legally binding. The Convention defines torture and
prohibits the use of torture in all circumstances. The meeting urges the State of
Israel to follow the recommendations of the Committee against Torture (CAT).
2. The State of Israel is called upon to ratify Articles 20 and 22 of the Convention
against Torture.
3. Compliance with the Convention means the practice of torture, in all its forms,
must cease.
4. No steps should be taken to continue the practice of torture, under any guise.
In this regard, the proposed amendment to the penal law should not be passed.
5. The State of Israel must fulfil its obligations under the Convention by promptly
and impartially investigating all alleged acts of torture, prosecuting perpetrators
and punishing all those found to be responsible for such acts (Articles 4, 12 and
13).
6. The State of Israel must ensure that all victims of torture are compensated
(Article 14).
PCHR regularly issues press releases on the human rights situation in the Occupied
Palestinian Territories in order to inform the local community, the local and
international press, the NGO community, and governments about human rights
violations. PCHR sees views this not only as a necessary measure to provide accurate
information on violations, but also as a preliminary step toward stopping violations.
During the year 2000, PCHR issued 119 press releases on Israeli violations of
Palestinian human rights. Of theses, 31 were issued from January 1 to September 28,
2000. The remaining 88 press releases, were issued during the last quarter of 2000.
This distribution reflects the unprecedented escalation of Israeli human rights
violations against Palestinian civilians and their properties in the Occupied Palestinian
Territories since the outbreak of Al-Aqsa Intifada.
A Table of PCHR’s Press Releases on Israeli Violations of Palestinian Human
Rights
Despite the decrease from 1999 in the total number of people arrested by Palestinian
security forces in 2000, Palestinian security forces continued to arrest citizens for
political reasons. During the year 2000, 100 people were arrested compared to 300 in
1999. PCHR welcomes this positive development in an area that human rights
organizations worked extensively. While PCHR welcomes this development, it
continues to call for an end to all forms of political arrests to cease.
These arrests are normally conducted in waves in which many people are
simultaneously arrested based on a list of names. At times, these arrests occur as part
of PNA security obligations toward Israel as contained in signed agreements. At
other times, it takes place as result of political and security events such searches for
those wanted by the Palestinian security forces.45 In addition, the PNA arrested
national and political figures for their political opinions or for criticizing the PNA.
Most of these arrests are directed at the leadership and supporters of the Islamic
movements that oppose the peace process and interim agreements with Israel. In
addition, these arrest processes were aimed at political activists and at supporters of
the nationalist secular groups and parties that oppose the peace process and Interim
Agreements. On more than one occasion, the Palestinian security forces arrested
journalists.46
Most of arrests are illegal since they occurred without warrants from the Attorney
General’s office. The detainees were also denied access to the judiciary for official
renewal or extension of their period of arrest, and they were held without charges. In
addition, the detainees were denied their right to a lawyer and a fair trial. In some
cases, individuals have not been released despite orders from the High Court for their
release. This in itself is a dangerous challenge to the rule of law, judicial
independence, and human rights standards.47
Nevertheless, in the last quarter of 2000, the PNA eased measures which violated the
right to free political expression. When clashes broke out between Palestinian
civilians and the Israeli occupation forces on September 29, 2000, the PNA ceased
arresting people on the basis of their political beliefs. This included activists and
supporters of Islamic movements that oppose peace agreements with Israel.
Furthermore, the PNA released most political detainees in its jails and detention
45
On March 4, 2000, Palestinian security services arrested dozens of supporters of the Islamic Jihad
and Hamas in Al-Shati refugee camp and Al-Shojaeya neighborhood in Gaza City. This wave of
arrests came after five members of Ezziddin El-Qassam Brigades, the military wing of Hamas,
carried a military operation in Al-Taybeh town inside the Green Line on March 2, 2000, during
which four members were killed and the fifth was arrested when Israeli forces raided the house in
which they were hiding.
46
See pages 80-85 of this report.
47
See page 71 of this report on the non-implementation of the court's decisions.
centers after the Israeli occupation forces shelled Palestinian security centers in Gaza
City.48
The year 2000 witnessed a decline in the use of torture leading to death, especially in
Gaza Strip.49 Nonetheless, PCHR received several testimonies from released prisoners
that they were subjected to torture. During the interrogation, these detainees said they
were held in small rooms (2 meters by 1 meter). Among the torture methods
mentioned in the testimonies were beatings with plastic wires, beatings with batons,
hitting with the open hand, beating the bottom of the feet with plastic wires or batons,
forcing detainees to sit on very small chairs for a long time, sleep deprivation, and
other methods. The detainees also testified that they were subjected to verbal assault.
The Legal Unit provides help to detainees and their families. The services by PCHR
include the following:
1) Determining the location of detainees and informing their families;
2) Representing the detainees before the Attorney General, in order to know the
reasons and circumstances of their arrest;
3) Visiting the detainees, where possible;
4) Working to secure the release of all detainees whose arrests were illegal;
5) Representing detainees before the Palestinians courts.50
48
Waves arrests carries out by the PA against citizens which violate the right to free expression will be
detailed in the part of this report concerned with the right to free expression, pages 75-80.
49
During 2000, one fatal case was recorded in the West Bank. On June 6, 2000, Khaled Mohammed
Yunis Bahar, 35, from Beit Ummar village in Hebron, died in Al-Zhahereya prison. Bahr was
arrested by the Palestinian Preventive Security Service (PSS) on May 25, 2000. He was
interrogated in the investigation department of Al-Zahahereya prison. According to the GSS’s
officials, he died from an acute heart attack. Bahar’s family did not notice any signs of torture on
his body.
50
This is limited to the Palestinian Civil Courts, the Centre refuses to represent detainees before the
State Security Court, in accordance with its fundamental stance in opposition to these Courts which
are illegal. PCHR believes that this stance does not, however, prevent it from closely following the
cases brought before the Security Court and from expressing its legal opinions in relations to those
cases. (see details regarding the State Security Court during 2000 below)
PCHR’s lawyers submitted applications to the High Court of Justice on behalf of 21
detainees in 2000, compared to 34 in 1999, for release based on the illegality of their
detention. The Court decided to immediately release 12 detainees; however, only ten
of these were actually released. In addition, five detainees were released before the
Court had ruled.
During 2000, there was a notable decline in the misuse of weapons by Palestinian
security services personnel, particularly off-duty personnel. PCHR documented four
fatal cases as a result of weapons’ misuse in 2000, compared to 12 cases in 1999.51
While it expresses it satisfaction with the decline in weapons’ misuse, PCHR is
deeply concerned with these incidents which constitute a violation of the fundamental
human rights to life and personal security. PCHR calls on the Palestinian National
Authority to take all necessary measures to end this violation and to control the use of
weapons by the people responsible for enforcing the law.
During 2000, four civilians in the Gaza Strip were shot and killed. They are:
During 2000, 15 civilians from the Gaza Strip were injured to varying degrees as a
result of being shot by Palestinian security Forces personal. Of these, 11 cases
occurred during working hours, and the rest resulted from the misuse of weapons by
off-duty personnel.52 Amongst the injured were five members of the Palestinian
police, and two children.
51
During 2000, six civilians were killed in the West Bank as a result of misuse of weapons. They are:
1) Mahmoud Suleiman Abu Gheith, 21, from Hebron, a policeman guarding a bank,
killed on February 27, 2000 when he played with his weapon;
2) Ahlam Mattar Doqmaq, 25, from Ramallah, shot on July 1, 2000 when she was in her
father’s store;
3) Basman Mohammed ‘Abdullah ‘Ali Yousef, 7, from Jerusalem, killed on July 1, 2000
with live bullets fired during a wedding party;
4) ‘Alla’ Khader Bani ‘Oudeh, 21, from Tammoun in Toubas, killed on July 9, 2000,
killed with a bullet fired accidentally from his colleague’s weapon;
5) Amal Amin Mohammed Nazih, 14, from Jenin, killed on July 22, 2000 with a bullet
during a wedding party; and
6) Khallad Fayez Abu Zahra, 18, from Tulkarm, killed on November 18, 2000 during
training.
52
For more details about these incidents see below.
The following are the cases of shooting and attacks documented by PCHR in the Gaza
Strip:53
1) On February 16, 2000, Yasser ‘Ali Nemer Zaqout, 27, from Jabalya refugee
camp, a member of the Palestinian National Security Forces, was injured with a
bullet in the left leg that was fired accidentally from his weapon.
4) On April 21, 2000, a Palestinian police officer fired in the air celebrating his
friend’s wedding in Jabalya refugee camp. As a result, Bilal Hamad, a 25-year-
old police officer from Jabalya refugee camp, was injured with a live bullet in
the chest, and Farouq Balboul, 27, also from Jabalya refugee camp, was injured
with a live bullet in the abdomen.
53
During 2000, PCHR received dozens complaints about attacks by Palestinian security men against
citizens.
6) On May 4, 2000, Fathi Abu Samra, 56, a lieutenant colonel of Palestinian
police, was injured with a live bullet in the abdomen when he was playing with
his weapon at home.
7) On May 13, 2000, an armed person fired from his pistol in the air during a
march in solidarity with Palestinian prisoners in Israeli jails. As a result, an 11-
year-old-child from Khan Yunis, Mohammed Ghazi Abu ‘Aker, , was injured
with a live bullet in the right leg. He was evacuated to Nasser hospital in Khan
Yunis for treatment.
9) On July 10, 2000, ‘Ezziddin Jom’a Abu Sha’ban, a 22-year-old security man
from Al-Zaytoun neighborhood in Gaza City, was injured in the upper part of
the body when he was accidentally shot by his colleague during his wedding
party. He was evacuated to Shifa’ hospital for treatment.
On the same day, Fatema Salem Zo’rob, 40, from Rafah, was injured with live
bullet shrapnel in the feet and the legs when members of the Palestinian
General Security Service opened fire indiscriminately on civilians who
confronted them when they attempted to arrest a citizen from Al-Zohour
neighborhood in Rafah. In addition, Dhia’ Mahmoud Zo’rob, 22, from Rafah,
received head injuries when they beat him with guns.
12) On September 18, 2000, Palestinian police officers beat Fahmi Zo’rob, a 24-
year-old municipal stores guard, from Beit Lahia, when he refused to allow
them to enter the stores to check them. He was arrested, and was released on
the following day in order to receive treatment at Shifa’ hospital in Gaza City.
13) On September 19, 2000, a unit of the Palestinian National Security Forces
attacked Ibrahim Hassan Felfel, a 41-year-old taxi driver from Beit Lahia, and
detained his car. This happened when Felfel was on his way back to Gaza from
Beit Hanoun (Erez) Crossing. Felfel said that a member of the Palestinian
National Security Forces, positioned at a roadblock between Erez area and
Gaza attacked him after he forced Felfel to get out of his car. He also asserted
that he was taken to the commander's office in the area and beaten.
14) On September 21, 2000, three armed persons, two of whom are members of
the Palestinian General Security Service, attacked a money exchange shop in
Gaza City. They beat Hisham Khaled Koheil, 55, the owner of the shop, and
his son Mohammed, 20. The two were evacuated to Shifa’ hospital in Gaza
City for treatment.
17) On December 2, 2000, Shadi Nasser Abu Harbid, 21, from Beit Hanoun, was
killed with a live bullet in the chest fired accidentally from his colleague’s
weapon during training. Abu Harbid was a member of the Fatah Organization.
18) On December 17, 2000, Mohammed Nemer Rakha, 23, from Nusseirat refugee
camp, was killed with three live bullets in the abdomen when his colleague in
the Military Intelligence Service fired at him from the roof of his house as a
joke.
19) On December 22, 2000, ‘Ahed ‘Abada Emrish, 22, from Al-Shojaeya
neighborhood in Gaza City, was killed with a live bullet in the chest when he
was playing with his brother’s pistol.
In 2000, the Palestinian State Security Court sentenced four Palestinians to death, two
by firing squads and two by hanging. One of these executions was for security
offenses and the other three ones were for criminal offenses. The cases are as follows:
2) On September 12, 2000, the Palestinian State Security Court in Gaza sentenced
Mohammed Daoud El-Khawaja, 19, from Gaza, to death by firing squads, after
he was convicted of murdering Mustafa Jebril Baroud, 70, from Al-Shati
refugee camp. The court made its decision after widespread public
condemnation of the crime. Many were shocked by the gruesome nature of the
crime after it was revealed that Baroud’s had been mutilated. Baroud had
disappeared on September 5, 2000, and Palestinian police started to investigate
his disappearance. El-Khawaja was arrested after having been accused of
murdering and robbing Baroud. He confessed to the crime.
3) On October 31, 2000, the Palestinian State Security Court in Jenin, sentenced
Wa’el Nawaf Dargmeh, from Toubas village in the West Bank, to death by
firing squads, after he was convicted of murdering ‘Abdel-Rahim Hassan
Besharat, 34, from Tammoun village in the West Bank. In addition, his brother,
‘Anad, was sentenced to life in prison after he was convicted of the same
murder. The session of the court was held on the same day. Based on the
defendants’ confessions and witness testimonies, the representative of the
general prosecution asserted that the two committed the murder.
Although none of these sentences was executed during 2000, this does not negate
their seriousness. It is important to nullify these sentences as a first step towards the
abolishment of the death penalty. PCHR reiterates its opposition to the death penalty
because it is not a deterrent for crimes and it undermines the rule of law.
The following is a list of the names of prisoners whom the PNA continued to detain
despite a court order for their immediate release:
(5) The Formation of Higher Judiciary Council without the Approval of the Law
of the Judiciary
The year 2000 passed, without PNA approval of the law of the judiciary. This law is
the foundation of the independence of the Palestinian judiciary and a judicial body
able to promote the rule of law and the rights of citizens.
Article (1): A Higher Judiciary Council is to be formed for all Palestinian governates.
Article (2): The council will carry out its mandate, which is set out in the Judicial
Authority Law.
While PCHR believes it is important to form the Higher Judiciary Council, it affirms
that this council must be formed through ratifying of the Judicial Authority Law,
which was approved in its third reading by the PLC on 25 November 1998. Moreover,
PCHR expresses its profound concern that the President has not ratified the Judicial
Authority Law. PCHR considers the Presidential Decree to be another example in a
series of decisions taken by the president in order to control the appointment of
certain important positions. These decisions will undermine the independence of the
judiciary and subject it to the influence of the executive authority. PCHR’s concern in
this regard is based on the fact that as long as the council is not formed according to
Article 37 of the Judicial Authority Law, the appointed council will be guided by
conditions and criteria specified in the Presidential Decree. Article 37 provides that,
“A judicial council is to be formed according to the law and named the Higher
Judiciary Council, the council will carry out its mandate according to the law”.
The decree is based on a draft law which has not yet been ratified by the president of
the PNA and which has not been published in the official gazette in accordance with
the legislative mechanisms provided in Articles 70 and 71 of the PLC by-laws. The
fact that the decree is based on this law can be clearly seen from two paragraphs in the
decree. The first states that “after revision of … the provisions of the Judicial
Authority Law…” while the second states “The council will carry out its mandate,
which is set out in the Judicial Authority Law.” Despite this, the decree itself
contradicts the draft law on which it is based. The draft law states that the council will
be formed of a president, a deputy and another seven members, whilst the decree
provides for nine members without mentioning the position of the deputy president.
PCHR repeats that the Presidential Decree is not the correct means to promote the
judicial system. The only means is to ratify the Judicial Authority Law, and to respect
and implement the decisions of the judicial system. In this respect, PCHR asserts that
this cannot occur without the necessary political will to build an independent judiciary
as a means to achieve justice for all.
The visit came in the context of co-operation and co-ordination between the ICJ and its
local members, represented by PCHR, Al-Haq in Ramallah and the Palestinian Society
for the Protection of Human Rights and the Environment (LAW) in Jerusalem. The
mission concluded its visit with two workshops in Ramallah and Gaza on the role of
the judiciary in civil society and the relationship of the executive and legislature with
the judiciary.
The mission of the ICJ concluded its visit to the Gaza Strip with a workshop on the
role of the judiciary in civil society. This workshop was held in Al-Quds International
Hotel in Gaza, under the auspices of the Palestinian Minister of Justice, in co-
operation with local members of the ICJ, PCHR, Al-Haq in Ramallah and the
Palestinian Society for the Protection of Human Rights and the Environment (LAW).54
The Attorney General’s position is a key position in the rule of law and respect of
citizens’ rights. One and a half years after this position was filled, no crucial change
occurred to promote the role of the Attorney General, which has been challenged by
the executive.55
54
Complete proceedings of this workshop were detailed in a booklet issued by PCHR and the ICJ.
55
On 19 June 1999, the Palestinian President Yasser Arafat appointed Zuheir El Sourani to the
Attorney General position. The position had been vacant since May 1998, after the former Attorney
General Fayiz Abu Rahma resigned in protest of the PA's constant undermining of his mandate.
According to the law, the Attorney General position is one of the most important official positions,
whose role is to achieve the rule of law and protect citizen's rights. The Attorney General is the
protector of the public right and is responsible for investigating crimes and handling all appeals in
this regard.
In his first statement for the local press, the new Attorney General promised to reorganize the
Attorney General’s office in a way that would contribute to enhancing the role of law and to
immediately pursue all cases, which came to his office. Moreover, he promised to implement the
law equally for all regardless of political affiliation, race, ethnicity, and economic or social factors.
He affirmed that equality before the law and the rule of law is considered the foundation of the
state.
Despite the statements of the new Attorney General, his actual practices in 1999 were not as
expected by human rights organizations and citizens, especially in regard to very sensitive issues.
Amongst these is the issue of political prisoners. Hundreds of opposition supporters, particularly
those of the Islamic party, were subjected to illegal arrest and were held without being brought
before a judge. Of 51 appeals sent to the new Attorney General on behalf of detainees, PCHR had
received only three responses by the end of 1999.
On 1 November 1999, the Palestinian President Yasser Arafat issued a decision to
appoint Khalid El Qadrah as Attorney General for the State Security courts, which
were formed in February 1999. The Attorney General for State Security courts
specializes in “investigating and following up cases concerning the state security
courts.” The work of these court were subjected and are still subjected to the criticism
of Palestinian human rights organizations who argue that these courts lack the
minimum criteria for a fair trial and violate human rights guaranteed by international
conventions.
The decision to establish the new position is unprecedented. The only legitimate
defender of the public right is the Attorney General. Accordingly, the creation of the
Attorney General for State Security courts is considered to be an attempt by the PNA
to create a competitor for the Attorney General in his mandate. It is neither logical nor
legitimate to grant the right of public prosecutor to more than one party because this
enables the police to transfer cases to whichever party it prefers. It is important to
note that the Presidential decree to form the State Security courts stated that the
Attorney General would be responsible for prosecutions before the State security
courts, with no mention of an Attorney General of State Security.56
The waves of massive numbers of political arrests remained the most important
subject for which human rights organizations criticized the Attorney General in 2000.
Palestinian security services continued to arrest citizens without legal warrants and
without decisions by courts. The Attorney General did not stop these arrests which
were carried out in violation of law and decisions by the Palestinian High Courts to
immediately release detainees. He also did not take any measures against those who
did not implement the courts’ decisions, despite the fact that he is mandated by law to
prosecute violators.
Furthermore, the Attorney General did not investigate complaints by citizens against
violations by the executive. In 1999, PCHR submitted 15 complaints to the Attorney
General regarding executive or security services violation of the law, but it received
no response.
In March 2000, the Palestinian Legislative Council concluded its fourth session, and
started its fifth one, which ended in March 2001. This is the second session of its kind
after the expiry of the legal period of the PLC according to the Israeli-Palestinian
Interim Agreement. Although deadlock in the Israeli-Palestinian peace process was
the basic factor of continued work of the PLC despite the expiry of its mandate, the
ignorance of the need for a new publicly granted authorization of PLC through
election stood as another factor. While in the middle of the fifth session of the PLC,
the Al-Aqsa Intifada erupted and Israel imposed a total siege on the Occupied
Palestinian Territories, the work of the PLC had been paralyzed. PLC members were
not allowed to move freely between the West Bank and the Gaza Strip to attend PLC
56
State Security Courts were established in 1999 and presently continue their work. The establishment
of these courts has been criticized by Palestinian human rights organizations for the lack of
minimum standards for a fair trial ensured by international human rights conventions.
sessions. They were even prevented from moving freely between Palestinian cities,
like other residents of the Occupied Palestinian Territories.
Since the inauguration of the Palestinian Legislative Council in March 1996, PCHR
has devoted a significant effort to monitoring the PLC and to encouraging it to adopt
legislation in accordance with democratic principles and human rights criteria.
PCHR monitors the legislation discussed by the PLC and often provides a critique of
these drafts and suggests modifications to some of the articles. These comments are
forwarded to members of the Council. PCHR has developed a structure of positive
relationships with most of the PLC members. Many of these members participate in
the different activities hosted by PCHR and PLC members are invited for meetings
and workshops held by PCHR on subjects and issues of interest to them.
PCHR developed a new report on the PLC. The aim of the report is to evaluate the
PLC activities in regard to its legislative, monitoring, and accountability tasks. In
November 1998, PCHR published its first annual review of the PLC during its first
two sessions, from March 1996 to March 1998. In December 1999, PCHR published
its second annual review of the PLC during its third session, from March 1998 to
March 1999. The report is one of the indicators through which PCHR’s Democratic
Development Unit can measure the process of democratic transformation in
Palestine. PCHR hopes that this report will contribute to enhancing and promoting
democratic practices in Palestine.
In December 2000, PCHR published its third annual review report of the Palestinian
Legislative Council entitled: “The Palestinian Legislative Council: Evaluation of Its
Activities during the Fourth Session, between March 1999-March 2000”. The overall
goal of this report, and others, was to measure the progress of democratic
transformation in Palestine, and the obstacles thereto.
The study was divided into three parts. The first part introduced the PLC activities
concerning the election of its Speaker, the PLC’s committees for the fourth session,
and other issues. The second part focused on analyzing and evaluating the legislative
activities of the PLC during the fourth session. It introduced the most important laws
and decisions issued by the PLC during the session in order to determine to what
extent PLC activities improved.
The third part of the study focused on analyzing the accountability and monitoring the
activities of the Council during the session. It analyzed the extent to which the PLC
was making progress in its use of the available accountability and monitoring
instruments, such as members’ questions, investigations, special commissions of
inquiry, and no-confidence votes.
Through its analysis of the PLC legislative activities in its fourth session, the study
concluded that the PLC showed stability in this regard. The PLC drafted a number of
important laws toward achieving the goal of establishing a unified legal system with
the West Bank and the Gaza Strip. Nevertheless, the Palestinian President ratified
more laws submitted by the PLC. On the other hand, however, the study did not find
qualitative developments in the PLC’s legislative activities. Through its analysis of
five cases, Basic Law, the Judiciary Law, NGOs Law, the Public Budget Law for
1999, and the Public Budget Law for 2000, the study noted that PLC achievements
did not meet expectations. The council failed to use these laws as a means to create an
essential change in the nature of the relationship between it and the executive
authority -a relationship which is based on a lack of respect by the executive authority
for the role of the PLC and the legislative process. Moreover, the study concluded that
a partnership emerged between the PLC Speaker and the executive to pass some
important laws without notes and comments by the PLC.
Concerning PLC monitoring and accountability activities, the study concluded that the
PLC’s effective usage of the accountability instruments had increased. The number of
questions posed by PLC members to executive officials increased compared to the
third session--82 compared to 44. Also, there was no development in the Council’s
usage of investigative instruments. Nor were there any qualitative improvements in
the area of special commissions of inquiry. The PLC was not able to oblige the
executive authority to implement the recommendations and suggestions of the
commissions of inquiry.
Regarding the use of no-confidence votes, it was noted that this instrument was not
used at all by the PLC during this session, and was not included in the agenda of any
meeting of the session. Its potential usage was mentioned only as a threat.
Based on the above, the report concluded that the PLC, at the end of its fourth session,
once again showed weakness and inability to confront the executive authority. It also
failed to build a solid basis of transparency and accountability in its relationship with
the executive.
Recommendations to PLC
1. The legal term of the PLC expired without holding an election. This clearly
contradicts democratic principles, particularly the principle of election, which
is the only mechanism through which people can designate their
representatives to govern on their behalf. It is well known that the people’s
designation of their representatives is temporary, for a specified period of
time, and that at the end of this period, the people have the right to elect new
representatives. Therefore, the election is a mechanism through which people
can monitor their representatives. Elections grant people the opportunity to
withdraw their designation from a party or individual, and to grant it to
another party or individual. Elections, therefore provide both a mechanism for
the people to monitor their representatives and an impetus for those
representatives to fulfil their electoral mandates. In the absence of regular
elections, people lose the ability to monitor their representatives and hold them
accountable. Furthermore, the representatives lose their legitimacy as
representatives of the people at the end of their elected term. In this case, the
source of their legitimacy is no longer the people. Therefore, the PLC should
pressure the executive to hold new elections.
2. It is necessary that the PLC work to secure the approval of the Basic Law
since the Basic Law is considered the foundation of any constitutional
relationship between the three authorities. It also determines the delegations
of each authority and regulates the relationship between the government and
citizens.
4. It is necessary that the PLC work to follow up the decisions it has issued. All
the decisions issued by the PLC in the first two sessions were related to issues
or questions of citizens’ concern. Therefore, following the implementation of
these decisions is as important as following up the implementation of the
Basic Law.
6. Based on this and given that the right to information is a basic right, the PLC
has to work to develop all means that permit citizens to monitor its work,
either through the media or any other means. The idea of TV coverage of the
PLC’s activities was raised on a number of occasions, but just one PLC
meeting was covered on television. Therefore, it is important that this issue is
raised again. The PLC is the only authority that can determine what kind of
information is delivered to the public on its activities.
57
A copy of the report can be obtained from PCHR.
In 2000, two of the Palestinian Legislative Council's members were attacked. The
aggression against the two members constitutes an attack on parliamentary immunity.
On April 2, 2000, five armed persons attacked and violently beat the Palestinian
Minister of Environment, and Member of the PLC Dr. Yousef Abu Safia in his office
in Ramallah. On April 23, 2000, the State Security Court held a session in Ramallah
to address the case. It sentenced four attackers to four years in prison and the fifth
one to four and a half years and a fine of 4,500JD (approximately US$ 6,400).58
Also on April 2, 2000, on his way to meet the Palestinian President in Ramallah, PLC
Member and Head of the Human Rights Committee Qaddoura Fares was attacked and
humiliated by members of Palestinian security services. Fares stated that seven of the
President’s guards stopped and attacked him while he was on his way to the office of
the President in Ramallah. Fares complained to the PLC and threatened to resign
from his position if the PLC did not investigate the incident and prosecute the
offenders. Deputy Speaker of the PLC Ibrahim Abu El-Naja described the attack as
“horrible and dangerous.”59
(9) The Appointed Acting Council of the Palestinian Bar Association Targets
Human Rights Organizations
The year 2000 witnessed serious developments with regard to the Palestinian Bar
Association. The independence of the legal profession and its representative body,
the Bar Association, in particular, lawyers active in the field of human rights, were
threatened.60
These decisions were followed by a decision in which the appointed acting council
authorized itself to extend the legal term of its jurisdiction. This was a serious
precedent that proved the council’s disrespect for the will of Palestinian Bar
58
See Al-Quds on April 24, 2000.
59
See the press release of the Palestinian Society for the Protection of Human Rights and the
Environment on April 4, 2000.
60
See press releases by PCHR.
Association members. This move contradicted fundamental legal and democratic
bases. It also contradicted the foundational spirit and philosophy of a democratic
lawyers syndicate that could contribute to a state which respects the rule of law and
human rights and promotes and independent judiciary in the “Battle of
Construction”of the Palestinian State.61
The decisions taken by the appointed acting council were a hard blow to Palestinian
lawyers. Local, regional, and international sources criticized the illegality of these
decisions. They deemed the appointed acting council illegitimate and called for free
and fair elections according to the law in a way that would ensure democratic
representation of lawyers.
In the aftermath of the arbitrary decision by the appointed acting council of the
Palestinian Bar Association to remove the names of six PCHR’s lawyers from the roll
of practicing lawyers, on May 13, 2000, PCHR brought a suit against the appointed
council before the Palestinian High Court. The petitioners were six PCHR’s lawyers
and a lawyer of Women Center for Social and Legal Advice. They were represented
by Raji Sourani and Iyad Alami. They requested the High Court to preliminarily rule
on canceling the acting council’s decision and to oblige the acting council to state the
reasons for its decision to remove the petitioners from the roll of practicing lawyers.
They requested the court to suspend this decision until the lawsuit was decided and
called for taking a definitive decision to cancel it.
On May 17, 2000, the High Court convened a session to address the request. In a
preliminary judgement, it decided to accept the request and ordered the “appointed”
acting council to state the reasons for its decisions against the petitioners in eight
days. It also suspended the measure taken by the “appointed” acting council until the
conclusion of the lawsuit. The Court also decided to convene a session on October
15, 2000 to address the case, but it was administratively adjourned and no other date
was decided.
On May 21, 2000, Khader Shuqeirat, lawyer and Director of the Palestinian Society
for the Protection of Human Rights and the Environment (LAW), submitted a petition
to the Palestinian High Court in Ramallah against the acting council of the Palestinian
Bar Association and its head Abdel-Rahman Abu El-Nasser, contesting the decision
taken by the acting council on May 14, 2000, which removed Shuqeirat from the roll
of practicing lawyers, under the Bar Association Notice 32/2000.
Lawyer Shuqeirat requested Mousa Shakarna, a lawyer and member of the Court, to
immediately convene a session and to rule immediately to inactivate the decision of
61
An opinion poll carried out by Jerusalem Media and Communication Center on that date, which
surveyed 426 lawyers who attended the meeting, showed that only 6.6% of lawyers were satisfied
with the performance of the appointed acting council during the past three years and 24.9% were
relatively satisfied. The poll also showed that 27.2% were absolutely unsatisfied with the
performance of the appointed acting council, and 37.35 were unsatisfied. Therefore, 64.5% in total
were unsatisfied. The poll also showed that only 5.4% would elect a block representing the current
acting council.
the acting council of the Palestinian Bar Association. He also requested a preliminary
decision that would oblige the appointed council to state the reasons for its decision
and would inform it with the petition and the preliminary decision. In conclusion, he
requested to credit the preliminary decision, to cancel the contested decision of the
appointed council, and to oblige it to pay the costs of legal procedures.
In recent developments, the general assembly of the Palestinian Bar Association held
a meeting in Ramallah on September 22, 2000, to which all members were invited.
However, a small number of lawyers from the West Bank and the Gaza Strip, 170
lawyers out of 1100, participated in the meeting. They considered that quorum was
achieved and agreed to establish a mechanism of election of the head of the
Palestinian Bar Association from among the 15 members of its council, elected by
members of the general assembly. Election of the head was decided to be held in the
last week of February 2001, according to Article 13 of Law (3) of 1999.62
Contrary to previous years, the year 2000 saw rapid progress concerning PNA
restrictions on: freedom of expression, freedom of the press, and the freedom of
receiving information and the freedom of peaceful assembly. In contradiction of
international human rights law, Palestinian Press Law of 199563, and the Law of
Public Meetings of 1998, the PNA continued to impose restrictions on citizens based
on their opinions and political belief. However, these measures significantly declined
in the last quarter of the year following the outbreak of clashes between Palestinian
civilians and the Israeli occupation forces on September 29, 2000. These clashes
played an important role in the shaping political attitudes of the PNA and the
Palestinian opposition – both Islamic and secular. For its part, the PNA showed
increased flexibility regarding the opinions and political attitudes of Palestinian
opposition and Palestinian citizens. In addition, these clashes were an impetus for the
Palestinian opposition to change its political attitudes toward the PNA, focusing
instead on Israeli measures against Palestinian civilians during clashes. This had led
to an increased harmony between the official political position of the PNA and the
political position of the Palestinian opposition.
The first nine months of 2000 was a period of restrictions on the press. This included
arrests, summons and warnings to journalists by the Palestinian police based on the
62
On March 2, 2000, a meeting of the general assembly of the Bar Association was held in Gaza City,
but an election was not held due to the lack of quorum, as only 60 lawyers were present. Another
meeting was expected to be held two weeks later to hold the election, but a number of lawyers
appealed to the Palestinian High Court to cancel this meeting because the majority of lawyers were
not able to attend it due to the siege imposed by the Israeli occupation forces on the Occupied
Palestinian Territories.
63
Even this law includes restrictions on the right to free expression and press. It was issued by the PA
in 1995 before the inauguration of the Palestinian Legislative Council. PCHR still calls for PLC
amendments to this law so that the rights of citizens to free expression and press are ensured.
coverage of certain events. During the same period, a number of private television
and radio stations in the West Bank were closed.64
During the same period, the PNA arrested citizens on the basis of their political
opinions and prohibited public meetings and peaceful marches. However, during the
final quarter of 2000 this did not occur. The following are measures taken by the
PNA against citizens based on their political opinions and the organization of public
meetings and peaceful marches:
64
In 2000, several journalists were arrested in the West Bank for covering certain incidents. For
example, on May 27, 2000, Fathi El-Barqawi, Director General of News in Palestine radio station
was arrested by the Palestinian police on the ground of incitement against the PA, and several radio
stations and television channels were closed. On June 2, 2000, Palestinian police closed Al-Mahd
private television channel in Bethlehem, and arrested its director and Head of the Palestinian Union
of Private Radio Stations and Television Channels Samir Qamsia. On May 5, 2000, Palestinian
police closed Love and Peace television channel in Ramallah for one week. On May 21, 2000,
Palestinian police closed Watan television channel in Ramallah for days. On May 30, 2000,
Palestinian police closed Al-Nasser television channel and Al-Manara radio station in Ramallah.
65
This was not the first time that Dr. Abdelsattar Qassem was arrested. On November 27, 1999, the
PA arrested some public figures, including Dr. Qassem, whose names were included in a list of 20
signatories to a press release issued on November 27, 1999, which strongly criticized the policies of
the PA. The PA arrested some of these figures, including Dr. Qassem. He was released days later.
66
On February 4 and 8, 2000, public school teachers in Bethlehem and Hebron declared a strike in order
to protest to a decision taken by the Palestinian Ministry of Education to take 10% of their salaries
for their retirement, starting from February 2000, and 8% to cover their previous work years.
were arrested inside the campus and detained in the headquarters of GIS in
Ramallah and in the PSS prison in Jericho. The university administration also
decided to close the university for three days. The administration extended
closure to March 1, 2000. However the teaching staff as well as the university
employees were permitted to resume their work.
The Palestinian Society for the Protection of Human Rights and the
Environment (LAW) Institution expressed its deep concern for the university
closure in a statement it issued on February 28, 2000 and stated that arrest
campaigns included students who were not involved in the events. It also
called for: reopening the campus; forming a committee to investigate the
events; revoking the expulsion of some students for their involvement in
events; releasing detained students; complying with legal procedures of arrest;
and refraining from arrest campaigns against students.68
67
See Al-Quds on February 29, 2000.
68
For more details, see the statement of the Council of Palestinian Human Rights Organizations on
Feb. 28, 2000.
69
For more details. See the statement of Al-Haq on Feb. 29, 2000.
70
See the statement of Amnesty International on Feb. 29, 2000.
71
This campaign included the international and Palestinian human rights organizations detailed above,
which objected the students’ arrest. This campaign included mass public opinion which was
and their cases were remitted for public prosecution, while the other 28
students were released without any legal claims. In his testimony concerning
the treatment he received during his detention, Iyad More’eb, a student of Bir
Zeit University and spokesman of the released students, asserted that “the
treatment received during detention at the GIS prison in Ramallah was bad and
some students were beaten, but in Jericho treatment was good.” He also added,
“I wish that the mechanism of arrest would be legal and not arbitrary and the
file of political arrest will be closed as a whole.”72
4) On February 29, 2000, PSS in the West Bank threatened to arrest some
students of Abu Dis College in the West Bank for their intention to go to Bir
Zeit University by busses to participate in marches in solidarity with detained
university students. The PSS asserted that they did not obtain permission to
organize the demonstrations. Later, a driver of one of the busses by which
students of Abu Dis College had intended to travel to Bir Zeit University, was
arrested. In addition, PSS and GIS put two checkpoints at the eastern and
western entrances of the university to prevent citizens from reaching the
university to express their solidarity with detained students.73
expressed in marches organized in solidarity with Bir Zeit students, specially those organized by
students of other universities (these marches will be detailed in the part concerned with the right to
free peaceful assembly.)
72
For more details, see Al-Hayat Al-Jadida, March 6, 2000.
73
For more details, see the Al-Haw press release, Feb. 29, 2000.
8) On April 15, 2000, Palestinian police prevented Al-Dameer Association for
Human Rights in Gaza from organizing a march from the yard of PLC to the
streets of Gaza, on April 16, 2000 to commemorate Palestinian Prisoners’ Day,
April 17. Palestinian police detained Khalil Abu Shammaleh, Director of Al
Dameer Association for Human Rights, after his institution issued a press
release on the incident. He was released on April 17, 2000.
9) On April 18, 2000, the General Bureau of Investigation arrested Yahia ‘Abdel-
‘Azziz El-‘Abadseh, Secretary of the Salvation Party and a lecturer at the
Islamic University, after his party issued a statement on incidents that had
occurred in the Islamic University.74
10) On April 19, 2000, Palestinian police dispersed approximately 100 citizens
who were participating in a march organized by the Union of the Handicapped
in Ramallah. The march moved from the headquarters of the union towards the
court of Ramallah, to protest an assault against a 15-year-old handicapped girl
by a 55-year-old man.
11) On May 3, 2000, the General Bureau of Investigation in Gaza arrested Sheikh
‘Abdullah El-Shami, 42, from Gaza City, accusing him of incitement against
the PNA at mosques. El-Shami is a leader of the Islamic Jihad in Gaza.
12) On May 19, 2000, the Military Intelligence Service arrested four supporters of
Hamas in Jabalya, and interrogated them about a festival that was organized
upon the release of Salah Shehadeh after he spent 12 years in Israeli jails for
the charge of being a member of the military wing of Hamas.75 The festival
included political speeches and slogans against the PNA.
13) On May 21, 2000, Palestinian police attacked a number of Palestinians who
organized a sit-in at Al-Shuhada’ (Netzarim) junction south of Gaza City, in
solidarity with Palestinian prisoners in Israeli jails. Twenty of them were
arrested, but they were released after their families paid 200-NIS
(approximately US$ 50) and undertook to pay US$ 2,000 if they participated in
demonstrations and marches. Later, these families’ money was returned
following tension among released prisoners who undertook a hunger strike in
solidarity with Palestinian prisoners in Israeli jails.
14) On May 29, 2000, Palestinian police arrested Sheikh Nazir El-Louqa, 43, from
Rafah, on the basis of a speech he delivered at a mosque on May 26, 2000, in
which he condemned the High Court’s sentence of a teacher from the city to
seven years in prison for the charge of raping a student. He also mentioned the
death of three children of Rezeq Family on May 18, 2000 after they were found
74
The Islamic University witnessed tension between the Student Youth Movement and the Islamic
Block after the election of the Student Union. This election was held on April 1, 2000 and won by
the Islamic Block.
75
Salah Shehadeh, 48, from Beit Hanoun was arrested in 1988. He was sentenced to ten years in
prison, charged with leading Hamas military cells. The Israeli occupation forces refused to release
him when his imprisonment period ended. He was administratively arrested for another two years.
in an old freezer in Rafah central market. He accused Rafah Municipality and
the PNA of corruption and failure to carry out their duties.76
15) On June 6, 2000, the GIS arrested and detained for three days a freelance
journalist, Maher El-‘Alami. The arrest is believed to have been as a result of
an interview with him on Al-Quds television channel on the rule of law and
free expression. In the interview, El-‘Alami said that the arrest of journalists
for more than two days is illegal. He also stated that Palestinian security
services have no right to close media institutions and centers and that this is
the right only of the Minister of Information. El-‘Alami asserted that
measures adopted by the PNA in this regard violated the right to free
expression and contradicted the Basic Law issued by the PLC and was not
ratified by the Palestinian President.
16) On July 30, 2000, Palestinian police arrested Dr. ‘Abdel-‘Azziz El-Rantisi, 53,
from Khan Yunis, a prominent leader of Hamas in the Gaza Strip, on the
grounds of his statement to Al-Jazeera satellite channel in which he stated that
he wondered what the PNA’s real positions on Jerusalem, refugees and
settlements was and called upon the PNA to tell the truth to the people.
The issuance of Law 12 of 1998 regarding public meetings was an important turning
point for the Palestinian legislature. It was an important move toward conformity
with internationally accepted human rights and democracy standards. The Law
ensures the right of citizens to peaceful assembly in organizing peaceful marches and
public meetings. It is therefore an important basis for promoting democracy. The law
was an important achievement not only for the PLC and the democratic forces that
worked for the law, but also for both the Palestinian people and the PNA.
Nevertheless, in 2000, the Palestinian executive neglected the law and took measures
to undermine it. As such, the right of peaceful assembly became a gift that was
bestowed only when the executive saw fit.
On February 29, 2000, a police order was issued by the Palestinian Chief of Police,
Ghazi Jabali, to prohibit public meetings that had not received his prior approval.
“According to Law 12 of 1998 on public meetings and without prejudice to the right
to peaceful assembly, the following was decided:
1. All citizens are absolutely prohibited from carrying out marches without prior
permission from the Chief of Police. Applications for permission must specify
the time and the route of the intended march.
76
See PCHR’s press release on May 18, 2000.
2. Public meetings are absolutely prohibited, unless prior permission has been
granted by the Chief of Police. Applications for permission must specify the
date, location and length of the meeting, and the organizers of the meeting.
3. According to Article 6 of the Public Meetings Law, and without prejudice to
any other penalty provided by the Palestinian Penalty Law, any person
breaching this police order will be punished by a term of two months
imprisonment or a fine of 50 Dinars (USD 70).
4. Chiefs of police in governates will take all necessary measures to punish any
person breaching this police order and will inform us of such measures.”
In a press release issued on the same day, PCHR stated that the police order violated
the very law on which he claimed it was based, Law 12 of 1998 regarding public
meetings. The press release provided an extensive discussion of the issue.
1. The law does not require prior approval of the Chief of Police in order to hold
public marches or meetings. According to Article 3 of the law, citizens have the
right to hold public meetings, but they must notify, in writing, the Chief of
Police 48 hours prior to the time of the meeting or march. There is clearly a
fundamental difference between a requirement to notify and a requirement to
obtain permission. Notification, as required in the law, guarantees the basic
right of the citizen to hold public meetings or marches, while the requirement
of prior approval imposes a severe restriction on this right.
2. According to Article 4 of the law, the Chief of Police may impose some limits
on the period or route of a public meeting or march, in order to ensure the free
movement of traffic. Once again, this provision has nothing to suggest any
authority to the Chief of Police to approve or prohibit holding public meetings
or marches. On the contrary it allows only minor intervention in order to ensure
free movement of traffic in order to secure the rights of other citizens.
4. The law specifies very clearly the definition of a public meeting. It is any
meeting with more than fifty persons participating, in an open location,
including public squares, stadiums, and parks. Accordingly, PCHR emphasizes
that any other form of meetings whether in an open place with less than fifty
persons, or a meeting in a building does not require prior notification to the
Chief of Police. The police order, on the other hand, is vague and provides no
clear definition of ‘public meeting’.
5. According to Article 8 of the Ottoman Public Meetings Law, valid in the Gaza
Strip, and the Jordanian Law No.60 valid in the West Bank, and any other
provisions of law which contradict the 1998 law are thereby cancelled. This
article in fact, reflects the conviction of the Palestinian legislature of the
importance of cancellation of all prior laws which restricted the right to
peaceful assembly, and which were inherited by the Palestinian National
Authority, starting from the period of the Ottoman Empire and ending with
Israeli military orders.
6. PCHR believes that the Law of Public Meetings of 1998 is a real achievement
for the Palestinian people, serving their aspiration for an independent
democratic state in accordance with international human rights standards,
which assure the right to peaceful assembly. The law reflects an awareness by
the Palestinian legislature that the right to peaceful assembly is one of the basic
pillars of a democratic society and one which cannot be denied. Jabali’s
decision to issue this police order is an attempt to undermine the very purpose
of this law.
At the same time, PCHR sent a message to Major General Ghazi Jabali, Chief of
Police, in which it indicated that his police order violated Law 12 of 1998 regarding
public meetings. The message included all the aforementioned points which shows
the contradiction of the police order with Law 12. However, the Chief of Police
nevertheless implemented his order. PCHR documented several cases in which public
meetings or peaceful marches that did not get his prior permission were prevented.
Internal PCHR discussions on the police order by the Palestinian Chief of Police
concluded that there was a strong basis to bring the case before the Palestinian High
Court of Justice in order to cancel the order because it violated the Palestinian law.
PCHR considered that the police order prejudiced the basic rights of citizens and
affected a wide spectrum of the Palestinian society, including NGO’s and political
parties and other. Consequently, PCHR invited a number of Palestinian NGOs,
including human rights organizations, political parties and other groups to discuss the
possibility of bringing the case before the High Court of Justice.
On March 13 and 14, 2000, two meetings were held in the headquarters of PCHR in
which NGO representatives and other political representatives participated. The
participants decided to collectively bring the case before the judiciary. They also sent
messages to the Palestinian President Yasser Arafat and the PLC, calling upon them
to intervene and cancel the police order by the Chief of Police.
On April 23, 2000, on behalf of the group of NGO’s and other groups, lawyers Raji
Sourani, Director of PCHR, and Yunis El-Jaro, brought the case before the High
Court of Justice against the Palestinian Attorney General as a representative of the
Chief Police. The lawyers asked for clarification from the Attorney General on the
reasons behind the decision to ban public meetings without prior approval of the Chief
Police. The lawyers also asked the court to suspend this decision until the court gave
its final ruling. They also asked the court to cancel the decision on the bases of
illegality and contradiction with the law no 12/1998 regarding public meetings.
The group of NGO’s and political parties which participated in the case against the
Chief Police, who was represented by the Attorney General, were:
On April 29, 2000, the High Court of Justice suspended the decision of the Chief
Police and ordered the Attorney General to respond within 8 days.
The executive did not wait for long to respond to the decision taken by the High
Court. On April 30, 2000, Palestinian President Yasser Arafat, in his capacity as
Minister of Interior, issued the Executive Regulation on Public Meetings. The
regulation consists of 12 articles aimed at defining procedures that must be followed
in order to organize a public meeting in which 50 persons or more participate. Article
9 of the regulation provides, inter alia, that “organizers of a meeting or a march must
commit to provisions of Presidential Decree 3 of 1998 regarding reinforcing national
unity and the prohibition of instigation.” This article prejudices the right to organize
public meetings, since Presidential Decree 3 of 1998 imposes restrictions on the right
of free expression. It is still criticized by human rights organizations.77 Article 11 of
the regulation provides that organizers of public meetings must get prior permission
by Palestinian police.78
On May 23, 2000, two weeks after the deadline, the Attorney General, representing
the Chief of Police, submitted the clarification for reasons of the police order. On
June 6, 2000, the High Court held a second session in which lawyers demanded
sufficient time to respond. The Attorney General asked the court to refuse the
lawyers’ demand, claiming that the police order was not an administrative order that
could be contested before the courts. He added that the Executive Regulation on
Public Meetings was issued by the Palestinian President, in his capacity as Minister of
Interior and was consistent with the police order by the Chief of Police. The court
postponed the case to September 6, 2000. On that date, the High Court held a session,
in which lawyers also asked for the postponement of the case in order to study the
Executive Regulation on Public Meetings issued by the Palestinian President. The
court postponed the case sine die.
77
See the first report by PCHR titled “The Right to Free Expression and the Right to Peaceful
Assembly under the PA: the Case of the Gaza Strip, May 1994-December 1998,” Series Study 18,
December 1998.
78
For further details, see the second report by PCHR titled “The Right to Free Expression and the Right
to Peaceful Assembly under the PA: the Case of the Gaza Strip and the West Bank, January 1,
1999-April 30, 2000,” Series Study 23, September 2000.
Disagreement between human rights organizations and the PNA regarding the
legitimacy of the Chief of Police’s order was not settled. However, in the last quarter
of 2000, citizens were able to organize marches and demonstrations to protest Israeli
violations during the Al-Aqsa Intifada. Most marches and demonstrations were
organized without prior permission by the PNA.
In September 2000, PCHR issued a report on the right to free expression and the right
to peaceful assembly under the PNA. The report covered PNA violations of the right
to free expression and the right to peaceful assembly in the West Bank and the Gaza
Strip during the period of January 1, 1999 to April 30, 2000. Through these reports,
PCHR seeks to measure progress in the democratic transformation and respect for
human rights under the PNA.
The report was divided into two basic parts. The first part surveyed PNA violations
of the right to free expression. It included PNA violations of the right to a free press
and free expression on the basis of political beliefs.
The second part of the study introduced PNA violations of the right to peaceful
assembly. It included restrictions on the organization of peaceful marches and the
holding of public meetings. It also included arrests of citizens based on the practice
of this right.
In its analysis of PNA’s violations of these rights, the study noted continuing work on
laws and orders that restricted practice of these rights. Although there are some laws
that improve the practice of these rights as part of the political and social process,
such as Law 12 of 1998 on public meetings, some orders issued by the PNA, such as
the police order by the Chief of Police on February 29, 2000 and the Executive
Regulation by the Palestinian President on April 30, prejudiced Law 12. In the same
period, Palestinian families attacked journalists for publishing news related to their
sons. In addition, the segment of the population that was affected by practices of the
PNA regarding these rights, expanded. The report concluded that practices by the
PNA highlighted the absence of social and institutional contexts necessary for
enhancing these rights.
The report included recommendations to improve the practice of the right to free
expression and the right to peaceful assembly. It recommended that the PLC
reconsider laws that relate to the practice of these rights in order to make them
consistent with relevant international conventions and instruments. It also
emphasized the need for improved awareness of these rights, especially among those
in law enforcement.
On August 20, 2000, in the Khan Yunis Field Office, PCHR organized a workshop on
the role of the media in the protection and enhancement of human rights. Many
Palestinian journalists and media figures participated. The workshop discussed
several issues related to the right of free expression and press such as: the role of the
media in the protection and respect for human rights, the right to free expression
under the PNA, and journalism under the PNA.
In October 1997, PCHR established the Economic, Social, and Cultural Rights Unit.
This unit was established in response to the need to increase attention to these rights
through research and studies. PCHR attempts to advance these rights in Palestine in
accordance with international standards and laws, particularly the International
Covenant on Economic, Social, and Cultural Rights which was adopted by the United
Nations General Assembly in 1966. The unit provides recommendations to
specifically promote these rights according to the needs of the Palestinian society. In
addition, the unit reviews legislation and related draft laws to ensure their harmony
with international standards. The unit also secures the necessary data to develop plans
and to implement programs and policies that are consistent with international
standards and law.
The interest of PCHR in economic, social, and cultural rights dates back to the
beginning of 1995. At that time, work on rights revolved around two fundamental
activities. The first was the provision of legal assistance in cases involving these
rights. The second was to publish relevant reports.79 In April 1997, the Palestinian
Centre for Human Rights, in cooperation with Al-Haq, published a joint study about
housing rights. With the establishment of the new unit, the work in these two areas
continues with the support of new members of staff, especially research members.
Infrastructure in the Gaza Strip: A Case Study on Economic and Social Rights
In July 2000, PCHR published a new study entitled “Infrastructure in the Gaza Strip:
A Case Study on Economic and Social Rights.” The study reviewed Israeli practices
throughout the occupation, which have obstructed infrastructure development. It also
assesses the role and efforts made by the Palestinian National Authority since 1994 in
developing infrastructure.
The study also analyzes the problems facing infrastructure development in the Gaza
Strip, whether these stem from the Palestinian National Authority itself, or other
factors (e.g. historical and environmental). The study concluded with a number of
recommendations for Palestinian decision-makers in the planning and development
process.
79
See the part of this report on Closure Updates.
To reconsider the interim agreements with Israel with regard to restrictions
imposed on Palestinian activities, which may obstruct the implementation of
infrastructure projects, especially in areas under Israeli security jurisdiction.
To demand complete Palestinian rights of water from the Israeli side.
To develop solid waste treatment facilities.
To develop road networks.
To encourage investment by the private sector in infrastructure projects.
This part of the report covers the Women’s Rights Unit’s activities during 2000. The
Women’s Rights Unit was established in May 1997. The Women’s Unit is working
on two basic programs. The first is the legal aid program and the second is the
research and legal awareness program.
The legal aid program is particularly valuable. In fact, PCHR is the only organization
in the Gaza Strip that provides such legal services for women. The unit also
participates in all activities and programs that are organized by Palestinian women’s
organizations and institutions.
This program seeks to provide legal assistance for women and women’s
organizations. Such legal assistance includes the following:
The legal assistance is normally provided through two lawyers in the unit, one of
whom was authorized in July 2000 to work in the Sharia’ Courts (cases of family
law). The other lawyers in the Centre provide their assistance when necessary. With
regard to legal assistance in Sharia’ legal aid, this assistance is now provided by two
lawyers specializing in family law. This program expanded its legal assistance to
include the northern and southern areas of the Gaza Strip after PCHR opened
branches in Jabalya and Khan Yunis.
During 2000, the unit pursued 132 cases in the Sharia’ Courts. In addition, the Unit
provided legal consultation in 36 other cases in 1999. Legal aid offered by the Unit
was not limited only to Sharia' cases, but also included representation of women
before the civil courts, including 29 cases in 2000.
The following table illustrates the kinds of personal affairs issues that were followed
by the Women’s Rights Unit.
Case Type Number
Alimony 63
Rights to household property 32
Access rights to children 8
Separation 14
Obedience 3
Custody rights 6
Payment for childcare 6
Total 132
The unit believes that improved understanding among women of their rights is vital in
order for women to secure their rights. It is therefore a basic step toward ending
discrimination and abuse against women in Palestinian law. This year, the unit's
program coordinated effectively with governmental parties, such as the Ministry of
Information and the Ministry of Youth and Sports, as well as women’s institutions
throughout the Gaza Strip. In 2000, the unit organized 17 legal awareness meetings
throughout the Gaza Strip, in which 514 women and girls participated.80
The following is a list of lectures organized by the unit in co-ordination with women’s
and governmental institutions:
80
After adding two new female researchers in Khan Yunis and Jabalya, the unit planned to organize
lectures on legal awareness, in co-ordination with women’s institutions in the two areas, starting at
the beginning of October 2000. However, the outbreak of Al-Aqsa Intifada was an obstacle to this.
3. Jan. 22, 2000 Al-Zaytoun neighborhood, Marriage 27
in co-ordination with
Working Women Society
4. Feb. 1, 2000 Al-Shati refugee camp in Heritage 35
co-ordination with
Working Women Society
5. Feb. 3, 2000 Bani Suheila, in co- Heritage 30
ordination with Working
Women Society
6. Feb. 8, 2000 Al-Shati refugee camp Heritage 25
7. Feb. 9, 2000 Al-Zaytoun neighborhood, Alimony 32
in co-ordination with and custody
Working Women Society rights
8. Feb. 14, 2000 Khan Yunis, in co- The legal 35
ordination with Martyr rights of
Bothaina Hejjo children
kindergarten
9. March 1, 2000 Al-Daraj neighborhood, in The personal 40
co-ordination with the status law
Union of Palestinian
Women
10. March 7, 2000 In co-ordination with Women’s 25
Ministry of Information rights in
Palestinian
laws
11. April 23, 2000 Khan Yunis, in co- The personal 25
ordination with Ministry status law
of Youth and Sports
12. April 24, 2000 Al-Zaytoun neighborhood, Rights of 30
in co-ordination with children
Working Women Society
13. May 3, 2000 Khan Yunis, in co- Divorce in 25
ordination with Ministry the personal
of Youth and Sports status law
14. May 14, 2000 Khan Yunis, in co- Custody and 25
ordination with Ministry separation
of Youth and Sports
15. Dec. 4, 2000 ‘Abassan, in co-ordination Marriage 35
with Ma’n Charitable
Society
16. Dec. 5, 2000 Khoza’a, in co-ordination Marriage 35
with Ma’n Charitable
Society
17. Dec. 6, 2000 Khoza’a, in co-ordination Marriage 35
with Ma’n Charitable
Society
Workshops
On February 19, 2000, the unit organized a workshop in PCHR’s office in Khan
Yunis, in which it discussed co-operation and co-ordination between the unit and
women’s centers and institutions in Khan Yunis. Particular attention was given to the
legal assistance and awareness programs.
On August 17, 2000, the Unit, in co-ordination with PCHR’s Training Unit, organized
a workshop, with the participation of the Women’s Struggle Block in Khan Yunis, on
“Women, Development and Violence.”
In 2000, the unit promoted co-ordination and co-operation with Ministry of Social
Affairs, especially on the issue of violence. During 2000, in co-operation with the
Ministry of Social Affairs, the unit was able to settle two cases regarding violence
against women.
The unit asked the Attorney General for clarification regarding the non-
implementation of decisions on cases followed up by the unit, especially alimony,
household property, and delayed payable dowry. However, it received no response.
In 2000, the unit participated in activities and meetings with women’s institutions in
the Gaza Strip and the West Bank as follows:
1. A lawyer in the unit, Hanan Mattar, participated in meeting with the Women’s
Affairs Technical Committee on amendments of the draft law of insurance and
pension.
2. Muna Shawa, Coordinator of the unit, participated in the meetings of
Mashreqiat Institution in the context of a program of coalition and influence,
aiming at discussing issues relevant to the law of personal status.
3. The unit’s staff participated in meetings with the Women’s Center for Legal
and Social Instruction and other women institutions, in order to establish a
mechanism to assist women victims of violence. PCHR hosted one of these
meetings on June 6, 2000.
4. The unit’s staff participated in meetings of consultative committees of
Women's Health Center in Jabalya and Al-Boreij.
Co-operation with Palestine Television Channel
The visual media plays an important role in the process of awareness raising.
Television is one of the most important forms of mass media in part because of the
large numbers of people which have access to it. Accordingly, the unit has always
sought to promote co-operation with visual mass media, especially Palestine
Television Channel. In this context, in July 2000, Muna Shawa participated in a
television program titled “the Court Decided,” in which early marriage was discussed.
In addition, in August 2000, lawyer Hanan Mattar was included live in a live social
issues program that discussed sexual harassment.
(13) PCHR’s Press Releases on the Rule of Law and Democracy Promotion on
the Palestinian Level and Other Violations
In 2000, PCHR issued 29 press releases on the rule of law and democracy promotion,
mostly during the first nine months of the year. The press releases not only addressed
PNA violations, but also the violations of other parties, such UNRWA and other
bodies, particularly in the areas of economic, social and cultural rights.
Following is a list of press releases issued by PCHR on the rule of law and democracy
promotion in 2000:
(1) Strengthening Relations with the Local Community and Expanding the
Number of Beneficiaries
PCHR believes that enhancing its relationship with the public depends primarily on
the services it provides on a non-discriminatory basis for the public. As part of
PCHR’s efforts to strengthen its relations with citizens and civil society institutions
and to ensure the access of more sectors of the local society to its services, PCHR
established two new branches in Khan Yunis and Jabalya. There are two types of
services provided by the PCHR:
1) legal aid for the victims of human rights violations and their families; and
2) raising awareness of human rights and democracy.
Opening the new branches enhanced the provision of PCHR’s services to larger
sectors of the Palestinian society on these two levels. This was especially the case
since the Al-Mawasi area in Khan Yunis and Rafah suffer an exceptionally high
number of Israeli human rights violations, both from Israeli occupation forces and
from nearby Israeli settlers. Jabalya camp is the biggest Palestinian refugee camp in
the Middle East and is located close to the Erez checkpoint and Israeli settlements and
the corresponding extensive military and police presence. As a result of their
locations, the areas around Jabalya and Khan Yunis experience a high number of
human rights violations. In addition, residents of both the southern area and the
northern areas of the Gaza Strip encounter difficulties in reaching Gaza City. PCHR
has responded to these needs by opening the new offices.
PCHR provides this service through two units, the Legal Unit and the Women’s Unit.
The Legal Unit provides its services to victims of human rights violations. This
includes victims of violations at two levels: Israeli and Palestinian. This is done either
through legal consultation or through direct intervention with the concerned
authorities, including governmental institutions, commissions, and the judicial
authority. During 2000, the unit pursued the cases of 486 clients. Of them, 62 clients
received legal consultation, while another 402 clients requested the unit to represent
their cases before the concerned institutions. In addition to what has already been
discussed elsewhere in this report concerning legal aid for the Palestinian prisoners in
Israeli prisons and PNA prisons, the unit pursued an additional 56 cases. The
following table illustrates the institutions to which the Unit intervened and the
responses of these institutions to the unit's correspondence or complaints.
The Women's Rights Unit provides legal aid for children and women who are victims
of human rights violations, especially the violation of family law, either through legal
consultation or through direct intervention with the concerned institutions, including
the Sharia' courts. In fact, PCHR is the only organization in Gaza Strip that provides
these services to women.82
During 2000, PCHR continued its activities regarding raising public awareness of
human rights and democracy based on its belief that the knowledge of these rights is a
crucial factor that contributes to human rights protection. In 2000, PCHR developed a
unit for training on human rights and democracy. This unit targeted groups from
different segments of society as a means to create an effective cadre able to promote
human rights norms. This improved understanding will then be reflected in their work
and activities. Efforts and activities of the unit are carried out in cooperation with the
Legal Aid Unit, Democracy Development Unit, Women’s Rights Unit and the Field
Work Unit. It also invited local human rights activists and legal experts to contribute
to its training programs. PCHR’s training activities focused on the organization of 7-
10 day training courses.
During the first nine months of 2000, the Training Unit organized 11 training courses,
in which 305 trainees of different segments of the society participated. Participants
were awarded certificates upon the conclusion of each training course. The unit
temporarily suspended its training activities in the last quarter of 2000, due to the
outbreak of clashes between Palestinian civilians and the Israeli occupation forces,
which have created obstacles to the implementation of its training programs.
1) During the period of January 29 to February 3, 2000, PCHR in its Khan Yunis
branch organized a training course on human rights, international humanitarian
law, democracy, women’s rights, and the role of NGO’s in protecting and
enhancing human rights. The course targeted members of political parties and
81
A complaint by a citizen against a Palestinian company to urge it to fulfill its financial obligations to
one of its employees was pursued.
82
Regarding legal aid for women, see the Women’s Unit’s activities in detail.
other groups in Khan Yunis. It consisted of 18 training hours, in which 26
trainees participated.
2) During the period of February 19 to 23, 2000, in its Khan Yunis branch, PCHR
organized a training course on: democracy, pluralism, separation of powers,
human rights, international humanitarian law, the Convention against Torture
and Other Cruel, Inhuman and Degrading Treatment or Punishment,
documentation of human rights violations, human rights in Palestine, and the
role of NGO’s in protecting and enhancing human rights. The course targeted
members of the Al-Mawasi Charitable Society. It consisted of 15 training
hours, in which 25 trainees participated.
3) During the period of March 5 to 14, 2000, PCHR in Gaza City, in co-
ordination with the Youth Rehabilitation Department at Ministry of Youth and
Sports, organized a training course on human rights and democracy. The
course targeted members of the Ministry. It consisted of 24 training hours, in
which 30 trainees participated.
5) During the period of April 9 to 15, 2000, PCHR in Khan Yunis, in co-
ordination with the Youth Rehabilitation Department at Ministry of Youth and
Sports, organized a training course on human rights and democracy. The
course targeted activists of the ministry in the southern area of the Gaza Strip.
It consisted of 18 training hours, in which 30 trainees participated.
6) During the period of May 28 to June 12, 2000, PCHR in Gaza City, in co-
ordination with the College of Political Science at Al-Azhar University in
Gaza, organized a training course on human rights and democracy. The
course, in which 33 students of the college participated, consisted of 18
training hours.
7) During the period of May 29 to June 13, 2000, PCHR in Gaza City, in co-
ordination with the College of Political Science at Al-Azhar University in
Gaza, organized a training course on human rights and democracy. The
course, in which 33 students of the college participated, consisted of 18
training hours.
8) During the period of May 25 to June 22, 2000, PCHR in Khan Yunis, in co-
ordination with the Press Forum in Khan Yunis, organized a training course on:
human rights and democracy, free expression, press releases writing and
human rights in Palestine. The course targeted members of the forum. It
consisted of 18 training hours. Twenty-eight trainees participated.
10) During the period of July 30 to August 10, 2000, in Gaza City, PCHR, in co-
ordination with the Palestinian Journalist Block in the Gaza Strip, organized a
course on: human rights, democracy, free expression, the Palestinian law and
free expression, the role of press in protecting and enhancing human rights, and
the experience of Palestinian journalistic work with democracy. The course, in
which 20 trainees participated, consisted of 18 training hours.
11) During the period of September 16 to 21, 2000, in Gaza City, PCHR
organized a training course on: human rights and democracy with
concentration on relevant subjects, such as: international humanitarian law, the
rule of law, the independence of the judiciary, the role of the Palestinian Bar
Association in human rights protection and enhancement, documentation of
human rights violations, the legal status of the Gaza Strip, and human rights in
Palestine. The course, in which 18 lawyers participated, consisted of 18
training hours.
In September 2000, as part of PCHR’s efforts to strengthen its relationship with local
society, PCHR started to issue a newsletter called “Al-Mentar”(observation post).
The newsletter seeks to promote awareness of human rights within Palestinian
society. PCHR believes that confronting human rights violations begins with an
individual’s knowledge and awareness of his rights. Al-Mentar aims at promoting the
concepts of pluralism, democracy, respect for the rule of law and others’ opinions. It
also seeks to increase awareness within local society about human rights and the
mechanisms through which they are protected. It also invites the local society to avail
itself of PCHR’s legal and media services in defending their rights.
Through the end of 2000, PCHR published four issues of the newsletter. The first one
coincided with the outbreak of Al-Aqsa Intifada. The other subsequent issues
concentrated primarily on Israeli human rights violations in the Occupied Palestinian
Territories. These issues included information on: killings, land leveling, and the
demolition of homes and civilian facilities. Al-Mentar concentrates on the human
dimensions of human rights violations which do not receive significant attention in
other reports.
Another aspect of PCHR’s efforts to enhance its relations with the local community is
its involvement in activities that are organized locally, including lectures, workshops
and conferences, by NGO’s, political parties, or governmental institutions. The most
important activities in which PCHR participated during 2000 were:83
83
See the lectures conducted by the Women’s Rights Unit in co-operation with women organizations,
pages 87-88 of this report.
1) On February 29, 2000, Hanan Mattar, lawyer of the Women’s Rights Unit,
delivered a lecture titled “ Women and Law,” in a workshop on Palestinian
women between reality and hope, organized by Ministry of Information.
6) On July 12, 2000, upon an invitation by Can’an Institute for New Pedagogy,
Raji Sourani, Director of PCHR, participated in the Weekly Dialogue on civil
society and the state in Palestine. He delivered a relevant intervention.
7) On July 19, 2000, upon an invitation by Ministry of Youth and Sports, Hamdi
Shaqqura, Coordinator of the Democratic Development Unit, delivered a
lecture titled “Democracy and the Youth,” in the “Youth Leaders
Development” organized by the Ministry.
8) On August 17, 2000, with co-operation between PCHR and the Women’s
Struggle Office, a workshop on women and development, democracy and
human rights, was held in the office. Khalil Shahin, Coordinator of the
Training Unit, Muna Shawa, Coordinator of the Women’s Rights Unit, and
Hanan Mattar, lawyer of the Women’s Rights Unit, submitted interventions
titled “Women’s Rights and Human Rights,” “Women and Violence,” and
“Women Victims of Family and Social Violence: A Case Study.”
12) On September 27, 2000, upon an invitation by the College of Education, Raji
Sourani, Director of PCHR, submitted a working paper titled “Murders in
Palestine from a Human Rights Perspective,” in a workshop on murders in
Palestine.
13) On November 7, 2000, upon an invitation by the Culture and Free Intellect
Society, Raji Sourani, Director of PCHR, delivered a lecture titled
“A Legal Picture of Israeli Violations of Palestinian Children’s Rights,”
during a press conference on murdering Palestinian children.
14) On November 8, 2000, upon an invitation by Can’an Institute for the New
Pedagogy, Raji Sourani, Director of PCHR, delivered a lecture titled “the
Legal Status of the Occupied Palestinian Territories between International
Protection and the Fourth Geneva Convention.”
84
For examples of co-operation between PCHR and the civil society organizations, see page 54-56 on
the subject of Palestinian prisoners in Israeli jails, page 82 on the meeting organized by PCHR with
a number of organizations of the civil society to discuss the police order by Chief of Police on
public meetings, and pages 74-75 on the meeting organized by PCHR on the decision by the
Palestinian Bar Association to remove names of lawyers of Palestinian human rights organizations
from the roll of practicing lawyers.
PART 4
All of PCHR’s publications, including press releases, research, and reports, are
translated into English and distributed internationally.
(1) PCHR’s Campaign to secure the de jure Application of the Fourth Geneva
Convention in the Occupied Palestinian Territories
During 2000, PCHR continued its efforts at the local and international levels to secure
the de jure applicability of the Fourth Geneva Convention Concerning the Protection
of Civilians in Time of War in the Occupied Palestinian Territories, continuing its two
years of work on this issue. Although the High Contracting Parties to the Convention
failed to convene to discuss measures to implement the Convention in the Occupied
Palestinian Territories, PCHR continued its efforts to urge the High Contracting
Parties to meet their obligations under the Convention and provide international
protection for Palestinian civilians in the face of blatant Israeli violations of the
Convention.
The conference of the High Contracting Parties was convened for only ten minutes.
The HCP did not discuss measures to implement the Convention in the Occupied
Palestinian Territories nor did they set a date for the reconvening of the conference. It
was clear that the political pressure exerted by some states, mainly the USA,
undermined international efforts to implement the Convention in the Occupied
Palestinian Territories.
Despite these developments, PCHR continued its efforts in 2000 because the High
Contracting Parties are obligated under Article 1 of the Convention to ensure respect
for the Convention in all circumstances. According to the Convention, the High
Contracting Parties to the Fourth Geneva Convention are obliged to immediately take
measures, individually or collectively, to ensure protection for Palestinian civilians in
the Occupied Palestinian Territories. In all its press releases and activities on the
international and regional levels, PCHR called on the High Contracting Parties to the
Fourth Geneva Convention to reconvene their adjourned conference in order to take
effective measures against Israeli human rights violations against Palestinian civilians
and to provide international protection for them
In the press release, PCHR wondered what happened to European support for human
rights and whether these countries were taking a position of selectively supporting
human rights standards. PCHR added that the negative vote gave Israel carte blanche
to continue and even increase its violations due to the inaction of European nations.
PCHR held the international community morally responsible for Israeli human rights
violations and grave breaches of international humanitarian law, some of which
constitute war crimes. PCHR demanded that the relevant conventions of international
humanitarian law be put into practice by these governments, because ethically and
politically, this is their minimum obligation.
PCHR reminded these countries of their obligations under Fourth Geneva Convention
and reiterated its great disappointment with the meeting of High Contracting Parties
held on July 15, 1999, which, unfortunately, disregarded the views of the human
rights community. The High Contracting Parties resolved to adjourn the Conference
to provide Barak’s government with a chance to make peace. However, this was not
only a farce, but it also neglected all human rights conventions and instruments.
PCHR believed that the Israeli Prime Minister Ehud Barak had no peaceful intentions.
His rhetoric may have misled Europe but his actions on the ground (expanding
settlements and using excessive force against Palestinian civilians and children) did
not misled the Palestinian human rights community for one moment. Accordingly,
PCHR called once again on the High Contracting Parties to immediately intervene to
force Israel to comply with the Convention and to provide international protection for
the Palestinian people, especially in light of the clashes in the Occupied Palestinian
Territories.
85
For further details on the special session of the UN Commission on Human Rights and its
Resolution, see pages 110-111 of this report.
PCHR also called on European nations to activate Article 2 of the Euro-Israel
Association Agreement, which states that Israel’s upholding of human rights is a
precondition to trade. Israel is unambiguously failing to uphold these standards by
engaging in massive human rights abuses. However, there is no movement on the
part of European nations toward the cessation of economic ties.
As the first such study of its kind, the book analyzes and documents steps taken by the
UN General Assembly over the course of two years. During these two years, six
resolutions were concluded that called for convening a conference of the High
Contracting Parties on July 15, 1999. This UNGA initiative came in response to the
escalation in Israeli violations of human rights, particularly intensive settlement
activities. For the first time in the history of the Fourth Geneva Convention, in order
to put an end to Israeli human rights violations, the UNGA called on the High
Contacting Parties to the Convention to meet their obligations under Article 1 of the
Convention and convene a conference for the application of the Convention to a
particular case--the Occupied Palestinian Territories. PCHR and other human rights
organizations prioritized work to ensure that the conference would be convened at the
specified time and for the goals identified by the UNGA.
The manner in which the conference was convened represented politicization of the
international humanitarian law. The US Administration pressure thwarted the
conference. The Swiss government, authorized by the UNGA as the depositary of the
Convention, acted against the word and spirit of UN resolutions. The conference was
convened for only ten minutes and issued a statement of less than ten lines that did not
resolve to put an end to Israeli violations of human rights in the Occupied Palestinian
Territories.
At the time of the HCP’s conference, PCHR and the Palestinian Society for the
Protection of Human Rights and the Environment (LAW) organized a parallel
meeting of human rights organizations and activists and experts in international
humanitarian law. They joined together to lobby the HCP’s to hold a meaningful
conference to meet substantive issues addressed by the UNGA Resolutions.
PCHR would like to make clear that it will continue to work to put an end to Israeli
violations of human rights in the Occupied Palestinian Territories, through, amongst
other things, lobbying the HCP’s to fulfill their obligations under the Convention in
accordance with the UNGA Resolutions. Through the publication of this study,
PCHR achieved an important goal in increasing public awareness of this serious issue.
Increased public awareness on this issue is important because the lack of de jure
application of the Fourth Geneva Convention threatens the legal status of the West
Bank and the Gaza Strip. The lack of application of the Fourth Geneva Convention
also leads to a further deterioration in the human rights situation in the Occupied
Palestinian Territories as a result of Israeli efforts to create irreversible facts on the
ground prior to the final status negotiations.
Since its establishment in 1995, PCHR has devoted part of its international efforts to
working within human rights mechanisms and specialized international commissions,
particularly those of the United Nations system. PCHR provided these specialized
bodies and commissions with oral and written statements on the human rights
situation in the Occupied Palestinian Territories. During 2000, PCHR continued its
efforts in this regard. It focused on the following:
The year 2000 witnessed a significant achievement for PCHR, when it was granted
“Special Consultative Status with the Economic and Social Council.” This
achievement represents appreciation by international organizations, especially the
Economic and Social Council, of PCHR’s efforts in the field of human rights.
At its substantive session of July 2000, the Economic and Social Council decided to
grant PCHR Special Consultative Status. Under this Status, PCHR is able to
designate official representatives to the United Nations – to the United Nations
Headquarters in New York and the United Nations in Geneva and Vienna. It also
allows regular presence of PCHR at the Economic and Social Council, which will
allow PCHR to effectively influence this UN body. Also under this status, PCHR
provides PCHR with the following title: “NGO in Special Consultative Status with the
Economic and Social Council of the United Nations.”
PCHR’s activities and co-ordination with the UN bodies was not limited to this
achievement. PCHR sought to build upon this accomplishment and continued its
efforts and activities in this context as follows:
On March 29, 2000, Raji Sourani, Director of PCHR, presented the attached oral
submission to the 56th Session of the United Nations Commission on Human Rights in
Geneva, under item 8, Human Rights Violations in the Occupied Palestinian
Territories. The statement was presented on behalf of the following organizations:
Federation Internationale des Ligues des Droits de L’Homme, LAW – the Palestinian
Society for the Protection of Human Rights and the Environment, Arab Organization
for Human Rights, Cairo Institute for Human Rights Studies, Arab Lawyers Union,
World Federation for Democratic Youth, South-North Organization, and the
Palestinian Centre for Human Rights.
The oral statement reviewed Israeli violations of the UN Resolutions and the
international humanitarian law, especially settlement activities, populations transfer,
administrative detention and torture against Palestinian prisoners. It referred to the
UNGA Resolution on July 15, 2000, which calls on the High Contracting Parties to
the Fourth Geneva Convention to convene a conference to discuss measures to force
Israel to respect the Convention in the Occupied Palestinian Territories. Sourani
stated that the conference was a disappointment for those who believe in the rule of
the international humanitarian law since it did not take practical measures. Instead of
making attempts to meet substantive issues addressed in the UNGA Resolution, the
HCP’s decided to adjourn the conference without appointing a new date for its
reconvention, in order to give the new Israeli government a chance to resume peace
talks. The HCP’s stated that the conference may be reconvened in accordance with
developments on the ground.
Sourani asserted that there was no need to wait for future developments, as Israeli
Prime Minister Ehud Barak’s policy proved that there was no difference in essence
between his government and previous Israeli governments, including Benjamin
Netanyahu’s government. Israeli settlement activities and human rights violations
escalated when Barak came to power, which proved that the situation that led the
UNGA to adopt its resolution did not change. Sourani also asserted that the decision
taken by the HCP’s to adjourn their conference represented a politicization of
international humanitarian law and threatened the safety and security of Palestinian
civilians living under Israeli occupation. Sourani reminded the international
community, especially the HCP’s, of their obligations to put an end to Israeli
violations of human rights and international humanitarian law in the Occupied
Palestinian Territories.
On October 18, 2000, the UN High Commission on Human Rights convened a special
session in Paris to discuss human rights violations in the Occupied Palestinian
Territories. The Special Session was requested by Algeria on behalf of the League of
Arab States and was convened after consenting signatures were obtained from 47 of
the Commission's 53 Member States. It was devoted to a discussion of Israeli
violations of human rights in the light of bloody clashes between Palestinian civilians
and the Israeli occupation forces that erupted in September 2000. The International
Federation of Human Rights (FIDH), in co-operation with the International
Commission of Jurists (ICJ) and the Euro-Mediterranean Human Rights Network
(EMHRN), submitted an intervention before the Commission, in which they urged the
taking of all necessary steps to stop continued Israeli violations of the international
humanitarian law and implement action of UN Security Council Resolution 1322
calling for the establishment of an inquiry commission to investigate Israeli violations
of human rights in the Occupied Palestinian Territories. In its intervention, FIDH, of
which PCHR is a member, drew extensively upon PCHR documentation on Israeli
violations of human rights in the Occupied Palestinian Territories since September 29,
2000.
The Special Session decided to request the High Commissioner for Human Rights to
undertake an urgent visit to the Occupied Palestinian Territories to: take stock of the
violations; facilitate Commission activities in implementation of the resolution; and to
keep the Commission informed of developments. It also requested UN
representatives to carry out immediate missions to the Occupied Palestinian
Territories and to report their findings to the Commission at its fifty-seventh session
and, on an interim basis, to the General Assembly at its fifty-fifth session. The
representatives are the Special Rapporteur on extra-judicial, summary or arbitrary
executions; the Representative of the Secretary-General for internally displaced
persons; the Special Rapporteur on the question of torture; the Special Rapporteur on
violence against women; the Special Rapporteur on religious intolerance; the Special
Rapporteur on racial discrimination; the Special Rapporteur on the right to housing;
and the Working Group on Enforced or Involuntary Disappearances.
On March 29, 2000, Raji Sourani, Director of PCHR met with Mrs. Mary Robinson,
the High Commissioner for Human Rights in her office in Geneva. During the
meeting, they discussed Israeli violations of human rights and grave breaches of
international law in the Occupied Palestinian Territories. The meeting also addressed
issues related to the Palestinian National Authority, including the independence of the
civil judiciary and Palestinian human rights organizations and civil society and the
problems they face. Sourani presented a copy of PCHR’s annual report for 1999.
Sourani also praised the role of the Office of the UN High Commissioner for human
rights in the Occupied Palestinian Territories and voiced PCHR’s support for the
86
The visit will be detailed in later sections.
institution. He praised its representative Dr. Amin Mekki Madani and his strategic
investment in human rights through rehabilitation and training. Sourani also called
for the establishment of a regional office for human rights in the Arab region. Mrs.
Robinson welcomed the idea since the region is the only one in the world without a
regional office. The meeting also addressed the subject of a visit to the Occupied
Palestinian Territories. Mrs. Robinson asserted that she would visit the OPT soon.
On November 11, 2000, upon a call by the UN Commission on Human Rights, Mrs.
Mary Robinson, the High Commissioner for Human Rights visited the region to
observe bloody clashes in the Occupied Palestinian Territories. She met with
representatives of Palestinian human rights organizations and civil society. PCHR
was represented by its director, Raji Sourani. Representatives of Palestinian human
rights organizations and civil society asserted that human rights were the victims of
the peace process. They stated that the Palestinian people did not get anything from
the peace process except for increased closure, continued land confiscation, and
settlement expansion. They reviewed Israeli practices against Palestinian civilians
since September 29, 2000, especially killings, land leveling and confiscation and the
total siege on Palestinian cities, villages and refugee camps. They asserted that these
practices are blatant violations of the Fourth Geneva Convention of 1949, and called
on the international community to: immediately intervene to put an end to the
violations; provide international protection for the Palestinian people; and establish an
inquiry commission to investigate the situation in the Occupied Palestinian
Territories.
Mrs. Robinson asserted that she would prepare a report on the human rights situation
in the Occupied Palestinian Territories that would be submitted to the UN. She also
promised to do all her best to urge the High Contracting Parties to the Fourth Geneva
Convention to reconvene to discuss the human rights situation in the OPT.
On November 27, 2000, Mrs. Robinson issued her report on her visit to the region.
The report, which was submitted later to the UN Commission on Human Rights
asserted the importance of addressing the issue of sending international observers to
the Occupied Palestinian Territories. The High Commissioner believed that a
peaceful and stable future in the region could only be achieved on the basis of a
framework conforming to the requirements of international law and international
humanitarian law. In order to achieve security and stability in the region, the report
recommended, inter alia, that:
1. The construction of new settlements should cease and those located in the
midst of heavily populated Palestinian areas should be removed.
5. The enjoyment of economic rights within the OPT, including the right to
development, should be protected.
6. All holy sites and their access by all faiths should be respected.
In its session number 49, held on 19 February 1993, the United Nations Commission
on Human Rights adopted decision number 2/1993, through which it approved the
appointment of a Special Commissioner according to the following mandate:
3. To prepare a report for the United Nations Commission on Human Rights in its
future sessions until the end of the Israeli occupation of the territory.
PCHR pays close attention to the work of the United Nations Special Rapporteur, and
provides him with comprehensive information regarding Israeli violations of human
rights in the Occupied Palestinian Territories.
On February 28, 2000, the UN Special Rapporteur on the Occupied Palestinian and
Arab Territory visited PCHR, where he was received by Raji Sourani.
During the meeting Sourani asserted the importance of not politicizing the mandate or
the report of the Special Rapporteur submitted to the UN Commission on Human
Rights. He also emphasized that the Special Rapporteur must work within the limits
of his mandate to monitor Israeli violations of international humanitarian law and the
Fourth Geneva Convention. Sourani recalled criticism by PCHR other Palestinian
human rights organizations of the former Special Rapporteur, who deviated from his
mandate and attempted to politicize the report.87 Moreover, Sourani outlined Israeli
violations of human rights during the previous year, particularly since the Barak-led
labor government took power. He highlighted the following points:
1. Israeli practices to judiaze Jerusalem and its ethnic cleansing policy against
Palestinians in the city.(All Israeli attempts to annex the city are illegal and
void.)
3. The closure policy and its disastrous economic, social and political impact on
the Palestinian people. The ‘safe passage’ which is in fact unsafe (Israel is
engaged in blatant manipulation of international public opinion in this regard.)
4. The closure policy is a deliberate and formal Israeli policy, and the outcome of
this policy is an apartheid system.
5. The practices and measures adopted by the Israeli prison administration against
Palestinian detainees, including measures taken against prisoners’ families,
during their visits to the prisons.
6. The Israeli High Court’s decision to ban torture. (PCHR was gravely concerned
about, and strongly condemned the Court’s advice to the Israeli legislature to
pass a law which would legalize torture against Palestinians.)
8. Israeli’s practice of preventing lawyers from the Gaza Strip from appearing
before courts and from visiting jails.
PCHR submitted to the Special Rapporteur a package of documents and reports that
provided documentary and empirical support for all the above-mentioned issues and
affirmed the importance of including the facts documented by Israeli and Palestinian
human rights organizations in the Special Rapporteur’s report.
Finally, Sourani also stated that he considered the Israeli refusal to officially receive
the Special Rapporteur to be a grave violation of the UN resolutions that established
his mandate.
87
On March 7, 1999, PCHR issued a press release which criticized the report by the former UN Special
Rapporteur on the Occupied Palestinian Territories submitted to the 55th session of the UN
Commission on Human Rights. PCHR expressed its severe outrage for the Rappporteur’s mixing of
politics and human rights, as he manipulated the facts about Israeli violations of human rights for
the sake of goals that do not serve the respect for human rights in the Occupied Palestinian
Territories.
Director of PCHR Meets with the UN Special Rapporteur in Geneva
On March 29, 2000, Raji Sourani, Director of PCHR met Mr. Georgio Giacomelli, the
UN Special Rapporteur for the Occupied Palestinian and Arab Territories. During the
meeting, Sourani praised the report submitted by Mr. Giacomelli to the UN
Commission on Human Rights, considering it the most important since the
establishment of the position of the Special Rapporteur in 1993. Sourani considered
the report objective, in that it accurately represented the facts about the human rights
situation in the Occupied Palestinian Territories and Israeli violations of Palestinian
human rights. For the first time, the report reviewed Israeli violations of economic
and social violations in the Occupied Palestinian Territories. It also addressed
increasing Israeli settlement activities in the Occupied Palestinian Territories.
The report also referred to the Fourth Geneva Convention and its de jure applicability
to the Occupied Palestinian Territories. Moreover, the Special Rapporteur criticized
the Israeli High Court’s decision in September 1999 regarding torture, asserting that
Israeli interrogators continued to use methods of torture against Palestinian prisoners.
It is worth mentioning that the US, Israeli and Canadian representatives criticized the
report, considering that it was biased and “would damage the peace process.”
PCHR receives the UN Special Rapporteur to the Occupied Palestinian and Arab
Territories Again
On October 13, 2000, the UN Special Rapporteur to the occupied Palestinian and
Arab territories Mr. Georgio Giacomelli, accompanied by Dr. Amin Mekki,
representative of the High Commissioner for Human Rights; Josef Shechla and Darka
Topali visited PCHR as part of his mission to the Occupied Palestinian Territories to
evaluate the current situation and report to the UN Commission for Human Rights,
which will convene a special session in October 17-19, 2000 in Geneva solely to
discuss the human rights conditions in the Occupied Palestinian Territories.
Raji Sourani, Director of PCHR, and PCHR staff met with Mr. Giacomelli and
briefed him on blatant Israeli human rights violations since the outbreak of clashes
between Palestinian civilians and the Israeli occupation forces on September 29, 2000.
They provided him with legal documents and reports on the Israeli occupation forces’
crimes against Palestinian civilians, in which 91 people were killed and more than
2300 injured.
7) Increasing the presence of the International Committee for the Red Cross (ICRC)
to protect civilians.
They called also on UNRWA to increase its services to assist the Palestinian people in
the current situation. He strongly criticized UNRWA for reducing its services and
staff in the Gaza Strip in the past few years, and transferring its administration to
Amman.
In its resolution at the conclusion of its session, the Committee held the Israeli
government responsible for violations of economic, social and cultural rights in the
OPT. It rejected Israeli claims in its report on these rights submitted to the Committee
in December 1998, in which Israel denied its responsibility for blatant violations of
these rights. The Committee also decided to convene a special session in May 2001
to discuss this issue, and not to wait until December 2001, the regular time of the
session. The Committee called on the Israeli government to meet its obligations and
to abide to the Covenant on Economic, Social and Cultural Rights of 1976.
On May 19, 2000, a PCHR's delegation composed of Hamdi Shaqqura, Head of the
Democratic Development Unit and Iyad Alami, Head of the Legal Unit, testified
before the United Nations Special Committee to investigate Israeli practices affecting
the Human Rights of the Palestinian people and other Arabs of the Occupied
Territories. The Special Committee opened its session in Cairo on 18th May 2000
and gathered testimonies regarding Israeli human rights violations in the Occupied
Territories. On May 20, 2000, the Special Committee concluded its work in Cairo
and pursued its mission to Jordan and Syria. Officially, the Israeli Government has
refused to receive the Committee and did not allow to its members to carry out their
mission in the Occupied Territories.
On April 8, 2000, upon an invitation by the College of Human Rights and Law of
Harvard University in Cambridge, MA, Raji Sourani conducted a lecture entitled
“Oslo Agreements and Palestinian Human Rights in the Occupied Palestinian
Territories”. The lecture strongly condemned the stance of the United States
concerning the Fourth Geneva Convention and accused the US administration of
attempts to politicize international humanitarian law and of selectivity in
implementing the Convention. The lecture also highlighted the impact of the Oslo
Agreements on the human rights situation in the Occupied Palestinian Territories,
describing the impact as disastrous, and as having created a de facto apartheid system
in the OPT’s.
In the period of June 27 to July 1, 2000, Mr. Raji Sourani, Director of PCHR, had
meetings in Berlin. His visit was intended to strengthen coordination and cooperation
between German institutions and PCHR. During his stay, Mr. Sourani met the vice-
president of the Parliament and the MPs speakers of the different political factions in
the Committee for Human Rights and Humanitarian Aid of the Parliament. Regarding
government officials, the director of PCHR met the Commissioner for Human Rights
and Humanitarian Aid and other members of the Human Rights Department of the
Foreign Ministry. He also met the head of the Regional Division for Palestine in the
Ministry for Economic Cooperation and Development.
In the NGO arena, Mr. Sourani exchanged views with Amnesty International
Rapporteur Ohne Grenzen, and the International League for Human Rights.
Moreover, he met members of the representative offices of the Protestant and Catholic
Churches to the German government.
Further meetings were convened with foundations and other organizations as the
German Foundation for International Development, the German Society for Foreign
Politics and the German-Palestinian Association.
On September 25, 2000, Mr. Raji Sourani, Director of PCHR visited the USA to
attend a reception at Robert F. Kennedy Center in Washington D.C. on the occasion
of publishing Kerry Kennedy’s book “Speaking Truth to Power.” This visit came
upon an invitation by Kerry Kennedy, the author of the book and Director of Robert
F. Kennedy Center. The book introduces 40 human rights defenders around the
world. It states their viewpoints on the issues they defend. It is worth mentioning that
Mr. Sourani contributed to the book with a section titled “Human Rights and the Right
to Self-Determination.”
Mr. Sourani was hosted by Middle East Studies Center at Georgetown University,
where he delivered a lecture. He delivered another lecture at the Jerusalem Fund
Center for Policy Analysis on Palestine, headed by Dr. Hisham Sharabi, in
cooperation with Arab American Anti-Discrimination Committee.
During his visit to USA, Mr. Sourani met with Michael Jozner, Director of Human
Rights Lawyers Committee; Hanny Megally, Director of Middle East Monitoring
Department at Human Rights Watch; Steven Reskin, of the American Center for
Peace; Dr. Oscar Arias Sanchez, Chairman of the International Committee for
Disarmament and a holder of Nobel Prize; and with the editor-in-chief of the Journal
of Palestine Studies.
During 2000, PCHR continued its efforts to improve its relations with regional and
international NGO’s concerned with human rights and well known for their support of
the legitimate rights of the Palestinian people. PCHR sought improved relations with
these organizations as a means to support the human rights movement in Palestine and
to enhance the international efforts of PCHR to influence the positions of
governments and international public opinion. PCHR also worked with international
organizations to influence the concerned international bodies.
Since September 1998, PCHR has been affiliated with the International Commission
of Jurists located in Geneva. The Commission is an NGO and focuses its efforts on
enhancing and monitoring the rule of law, judicial independence, and legal protection
for human rights in the world. The Commission is considered the most important
international jurist body and includes a number of jurists in 59 branches all over the
world. Normally the Commission adopts the stance of its member organizations
regarding their respective governments.88
In light of crimes and human rights violations perpetrated by the Israeli occupation
forces in the Occupied Palestinian Territories since the outbreak of clashes between
Palestinian civilians and these forces on September 29, 2000, PCHR and the
Palestinian Society for the Protection of Human Rights and the Environment (LAW)
called for the establishment of a commission of international human rights
organizations to investigate the violations. A commission of experts representing
three international bodies, the International Federation of Human Rights (FIDH) in
Paris, the International Commission of Jurists (ICJ) in Geneva, and the Euro-
Mediterranean Human Rights Network (EMHRN) in Copenhagen, was established.89
The three organizations include approximately 250 human rights organizations around
the world. This commission did not constitute an alternative to an international
commission to investigate Israeli crimes called for by PCHR and other human rights
organizations. Nevertheless, it was part of international efforts to reveal realities of
Israeli crimes and, furthermore, it represents international civil society, because the
88
See pages 72-73 of this report on the mission of the ICJ to the Occupied Palestinian Territories to
observe the judiciary as well as the workshops it organized in co-operation with its local members,
PCHR, the Palestinian Society for the Protection of Human Rights and the Environment (LAW) and
Al-Haq.
89
PCHR in Gaza and LAW in Jerusalem are members of the three international bodies.
constituent organizations represent approximately 250 human rights organizations
around the world.
The commission, which visited Israel and the Occupied Palestinian Territories from 4-
8 October, 2000, was comprised of four experts in the international humanitarian law.
They are: Iain Byrne, Researcher at the Human Rights Centre, University of Essex,
UK; Stefan August Lutgenau, Coordinator, Bruno Kreisky Foundation, Austria;
Hubért Prévot, President de la Coordination Sud, France, on behalf of the Euro-
Mediterranean Human Rights Network (EMHRN) and the International Federation of
Human Rights (FIDH); and Per Erik Nilsson, former judge and Ombudsman on behalf
of the International Committee of Jurists, Sweden.
The members of the mission were mandated to evaluate the crisis and the parties’
handling of the situation in the light of international human rights standards, including
the provisions of the Barcelona Declaration in the field of human rights and the
Association Agreements. In carrying this out, they liaised closely with local EMHRN
and FIDH members, together with other human rights and humanitarian organizations
working throughout the affected areas of Northern Israel, East Jerusalem, the West
Bank and the Gaza Strip.
The mission spoke to victims and families of people who died in violent clashes as
well as eye witnesses who were able to provide first hand information about particular
incidents. Site visits to places of conflict were also conducted.
The mission issued a report on the situation in the Occupied Palestinian Territories
and Israel, in which the Israeli occupation forces were held responsible for killing
dozens and injuring thousands of Palestinians. The report also asserted that the Israeli
occupation forces used excessive and indiscriminate force against Palestinian
civilians. The Israeli forces also employed lethal force, often targeting innocent
civilians and children. They also attacked and intimidated medical personnel. The
report also referred to the impunity and the lack of due process Israeli soldiers and
settlers enjoy before the Israeli judiciary when force is usedS against Palestinian
civilians.
During 2000, PCHR received many visitors. These visitors included politicians,
United Nations representatives, and officials from international NGOs. During those
meetings, the human rights situation in the Occupied Palestinian Territories and
PCHR activities to improve it were discussed. Usually, PCHR encouraged its
international guests to do their best to influence the public opinion and policies of
their countries in support of Palestinian human rights and the legitimate rights of the
Palestinian people.
The following is a list setting out the most important visitors to PCHR in 2000
During 2000, the director and the staff of PCHR continued to meet journalists and
representatives from local and international media. In addition, PCHR circulated its
press releases to hundreds of international, Arab, and Palestinian media institutions.
These institutions then report on what is published by PCHR. The following is a list
of journalists and media organizations met by PCHR in 2000.
PARTICIPATION IN TRAINING
SESSIONS TO UPGRADE PCHR
STAFF’S EXPERTISE
As part of its ongoing efforts in staff development, during 2000, PCHR sent a number
of its staff from different units to participate in local, regional, and international
training sessions.
May 17, 2000, Muna Shawa, Coordinator of the Women’s Rights Unit, and Bassam
El-Aqra’, a field officer at the Fieldwork Unit, participated in the first stage of a
training session titled “Training Trainers of Human Rights,” organized by the Arab
Institute for Human Rights in Jordan. The session, in which 20 trainees participated,
discussed several issues relevant to human rights and training of human rights, such
as: political and civil rights, economic, social and cultural rights, mechanisms of
human rights protection, an introduction to training, preparation for effective training
and other relevant subjects.
June 28 – July 11, 2000, Hanan Mattar, a lawyer in the Women’s Rights Unit,
participated in Anabtawi training session on human rights, organized by the Arab
Institute for Human Rights in Tunisia. The session discussed several subjects related
to human rights, including the historical and philosophical background of human
rights, international mechanisms for human rights protection, the Covention on the
Rights of the Child and the Convention on the Elimination of All Forms of
Discrimination against Women, and other subjects.
July 4 – 21, 2000, Bassam El-Aqra’, a field officer at the Fieldwork Unit, participated
in the seventh training session organized by Cairo Center for Human Rights Studies in
Egypt. The session, in which more than 70 trainees from Arab countries participated,
was convened in order to: provide a balanced view of the historical and philosophical
background of human rights, learn the basic dimensions of human rights and
international humanitarian law, create an accumulation of knowledge of the values
and concepts of human rights in the field of social science and humanities.
July 3 – 28, 2000, Tariq Hanafi, a researcher of the Democratic Development Unit,
participated in the 31st training session on human rights, organized by the
International Institute for Human Rights and held in Strasbourg in France. More than
350 trainees from around the world participated in the training session.
July 17 – 23, 2000, Samir Hassania, a lawyer at the Women’s Rights Unit,
participated in a workshop on the child’s rights organized by Peace and Justice
Program – the Council of Middle East Churches, in Cyprus. The workshop, in which
more than 25 persons from Lebanon, Syria, Jordan, Egypt and Palestine participated,
discussed several subjects, including the adoption of economic and social rights, the
Convention on the Rights of the Child, human rights and sustained development,
street children, and other subjects.
August 22 – 27, 2000, Muna Shawa, Coordinator of the Women’s Rights Unit, and
Ibtissam Zaqout, Coordinator of the Fieldwork Unit, participated in a training session
titled “The Law between Interpretation and Reading in Personal Affairs,” organized
by Mashreqiat institution in Gaza. The session, which targeted members of NGO’s,
discussed issues relevant to the Law of Personal Affairs, such as alimony, marriage,
divorce, etc.
September 8 – 21, 2000, Bassam El-Aqra’, a field officer in the Fieldwork Unit,
participated in the second stage of a training session on training trainers of human
rights, organized by the Arab Institute for Human Rights in Tunisia, in which 18
participants from different Arab countries participated. The session discussed issues
of human rights, such as the Covention on the Rights of the Child and the Covention
against All Form of Discrimination against Women. At the conclusion of the session,
participants were awarded certificates as trainers of human rights.
PART 6
ASSESSMENT OF PCHR’S
ANNUAL PLAN 2000
In 2000, PCHR continued its efforts to: protect and respect human rights according to
internationally accepted human rights standards; work to develop a democratic
political system based on the principles of the rule of law and institutionalization; and
establish an effective civil society; and promote democratic culture in Palestinian
society. In 2000, like past years, these goals were a guide for PCHR in its activities
and programs. However, this was undertaken with full awareness of the objective
conditions in the Occupied Palestinian Territories which sometimes necessitate
program adaptation in order to account for anticipated events and changes. The most
important amongst these conditions is the Israeli occupation, in both physical and
legal aspects. This occupation is still the foremost challenge and the basic obstacle to
respect for human rights and the development of a Palestinian democratic political
system based on the rule of law.
PCHR worked on the two agendas, with full knowledge that the Israeli-Palestinian
Interim Agreements did not pay much attention to respect for human rights. PCHR
had continually warned against sacrificing human rights for the sake of peace and
security. PCHR also asserted that any final settlement that did not respect Palestinian
human rights would not be a lasting one in which peace and security were achieved in
the long term.
In response to objective changes on the political level in past years, PCHR had to
adapt its programs in order to meet any emerging developments while simultaneously
working strenuously to fully implement its annual plans. Given political uncertainty
and the situation in the region, PCHR was not fully able to commit to its annual plans.
Instead, the implementation of these plans differed from year to year, and changes
were made. Sometimes planned activities were replaced with more needed new ones.
These changes occurred based upon extensive examination and rational decision-
making within PCHR on the programmatic and administrative levels. PCHR is
completely convinced that flexibility and the ability to adapt to changing
circumstances is one of the reasons for PCHR’s success—without this flexibility
PCHR would lose touch with the surrounding environment.
Dramatic changes in the Occupied Palestinian Territories in 2000 prove more than
ever the importance of flexibility. This was especially the case during the last quarter
of the year in which there was a rapid and unprecedented escalation in Israeli human
rights violations, including killings and war crimes against Palestinian civilians.
PCHR’s annual plan for 2000 was profoundly affected by these developments and the
preceding political crisis which resulted deadlocked Palestinian – Israeli talks,
leaving the interim period open. PCHR had to cancel some planned activities and
incorporate new ones that were not included in its annual plan. Through a review of
PCHR’s 2000 annual plan and the activities and accomplishments of its units, the
following can be concluded:
1) There are units that were not affected by political changes and carried out their
activities as planned, such as the Women’s Rights Unit.
2) There are units, such as the Training Unit, that were directly affected by
incidents of the last quarter of 2000, cancelled their planned activities and
joined activities carried out by other units.
3) There are units that carried out most of its planned activities with little change
during the first nine months of 2000, but new activities were added to their
programs during the last quarter of 2000 – the Legal Unit, the Democracy
Development Unit, the Economic and Social Rights Unit and the Fieldwork
Unit.
It was decided that this course would be organized during the last quarter of 2000. A
number of Arab and Palestinian experts were supposed to have been invited to train
20-25 persons who had previously received training at PCHR. The Training Unit
started its preparation for the course, but it was not conducted due to the outbreak of
clashes.
3) Workshops
The coordinator of the Training Unit also participated in three workshops on the right
to development and the right to health held in Khan Yunis and Gaza.91
The unit made necessary contacts with dozens of trainees to develop the idea. It
received positive feedback and extremely constructive suggestions for the
establishment of the body. The idea is now being developed and PCHR is in contact
with graduates of its courses. Some of them assisted in information gathering and
informing PCHR’s field officers of human rights violations, especially during the last
quarter of 2000. PCHR hopes to enhance this assembly and hold regular meetings of
its members.
Lawyers of the Legal Aid Unit received hundreds of Palestinians, victims of human
rights violations on both the Israeli and Palestinian agendas. Efforts by the unit were
not limited to providing legal consultation, but the unit also intervened with relevant
parties, including courts. During the last quarter of 2000, the unit doubled its efforts
in order to adapt to the escalation in Israeli human rights violations. Lawyers received
hundreds of Palestinians in its headquarters in Gaza and its branches in Khan Yunis
and Jabalya. These cases primarily involved land leveling, house demolition and
attacks on private property by the Israeli occupation forces.
2) Legal Documentation
The unit prepared dozens of files on human rights violations on both the Israeli and
Palestinian agendas. It also collected affidavits and legal documents on the horrible
massacre committed by the Israeli occupation forces in Khan Yunis in 1956. This
activity was not in the annual plan for the unit for 2000.
The unit was not able to prepare studies that were included in its 2000 annual plan,
due to the lack of a legal researcher in the unit. For the same reason, it was also not
possible to issue legal awareness raising booklets.
90
For more details see activities of the Legal Aid Unit below.
91
For more information on these workshops, see page 102-104 of this report.
4) Seminars and Workshops
Two workshops on the Palestinian Basic Law and criminal procedures were supposed
to be organized, but PCHR decided to give priority to an international workshop on
the independence of the judiciary, organized by the Center for the Independence of
the Judiciary in the Internal Commission of Jurists. The Legal Aid Unit prepared for
the workshop in Gaza.92 Priority was given to joint activities with the Palestinian
Ministry of Social Affairs and a number of institutions in solidarity with Palestinian
prisoners. Pririty was given to developments regarding the Palestinian Bar
Association and its unanticipated decision to remove names of lawyers of PCHR and
other human rights organizations from the roll of practicing lawyers.93 Consequently,
the two planned workshops were postponed to October and November respectively.
However, they were not held because of the outbreak of the Al-Aqsa Intifada.
The Legal Aid Unit organized this meeting on April 18 and 19, 2000. Although it
was not included in its annual plan, PCHR deemed it extremely important to conduct
this meeting to increase the effectiveness of efforts to release Palestinian prisoners in
Israeli jails.
1) Studies
The Economic and Social Rights Unit devoted a considerable amount of time and
effort during the last quarter of 2000 to issuing the “Closure Update,” a series of
reports that PCHR had issued in previous years. These reports were not included in
the unit’s annual plan for 2000, because it was not expected that the situation in the
Occupied Palestinian Territories would deteriorate and the Israeli policy of closure
would be resumed. The unit resumed issuing these reports upon the outbreak of Al-
Aqsa Intifada.
3) Other Reports
A report on the higher education in the Gaza Strip: a draft report was prepared,
but it has been not approved by PCHR’s Program Committee yet.
92
For more details about this workshop, see page 73 of this report.
93
See details about this subject on pages 78-80.
A report on the right to development: a draft of the report was prepared, but it
has not been approved yet by PCHR’s Program Committee yet.
A report on the right of safety and security at work places: it was not prepared,
since priority has been given to Closure Updates.
A report on housing projects and multi-story buildings (towers) in the Gaza
Strip and the right to residence: a preliminary study was prepared, but it has not
been approved by PCHR’s Program Committee.
A report on poverty and an assistance program for poor families: work on the
report started, but has ceased since priority was given to other subjects.
All draft booklets were prepared, but they have not been approved by PCHR’s
Program Committee.
5) Workshops
The unit’s staff participated in several workshops relevant to economic, social and
cultural rights.
A study on the right to free expression and peaceful assembly under the
Palestinian National Authority from January 1999 to May 2000: it was issued by
PCHR in 2000.
A study on the Palestinian Legislative Council’s performance from March 1999
to March 2000: it was issued by PCHR in 2000.
Translation of two previous studies on the Palestinian Legislative Council and
the right to free expression from English into Arabic: the two studies were issued
in English in 2000.
A report on Israeli violations on “Yellow Areas” in the Gaza Strip: it was
cancelled due large-scaled Israeli violations throughout the Gaza Strip, as the unit
devoted its efforts to prepare other relevant reports (see below).
An update of a study on Israeli settlement activities in the Gaza Strip, issued by
PCHR in 1996: it was translated into Arabic and was updated to cover Israeli
settlement activities up to 1999, but it has not been approved by PCHR’s Program
Committee yet.
Editing and preparation of a book on a workshop organized by PCHR in co-
operation with the International Commission of Jurists in 2000: this activity was
not included in the unit’s annual plan for 2000.
Periodical reports on land leveling and house and civilian facility demolition in
the Gaza Strip: this activity was not included in the unit’s annual plan for 2000.
A series of reports titled “Silencing the Press” about attacks by the Israeli
occupation forces against journalists during Al-Aqsa Intifada: this activity was not
included in the unit’s annual plan for 2000.
A report on Israeli violations of human rights in the OPT during the first month
of the Al-Aqsa Intifada: a draft report was prepared, but PCHR’s Program
Committee postponed its publication because the Al-Aqsa Intifada continued and
there was a need to prepare a report to cover a longer period. This activity was
not included in the unit’s annual plan for 2000.
2) Press Releases
The unit prepared the majority of dozens of daily reports and press releases issued by
PCHR.
3) Workshops
The Unit started to issue this newsletter during the last quarter of 2000. This activity
was not included in the unit’s annual plan for 2000. This newsletter is a means of
communication between PCHR and the local community. Its role is not limited to
covering PCHR’s activities; it also seeks to raise awareness of human rights.
From January 1 to December 31, 2000, the unit received 133 Sharia’ cases, provided
36 Sharia’ consultations and its lawyers pursued 29 women’s cases before civil
courts. Thus, the total number of cases received by the unit was 198.96
During 2000, this program of the unit coordinated with governmental institutions,
such as the Ministry of Information and Ministry of Youth and Sports, as well as
94
For more details about this subject see pages 85-89 of this report.
95
See pages 102-104 of this report.
96
See page 92 of this report.
some women’s institutions. The unit organized 17 meetings that sought to increase
legal awareness on the Law of Personal Status and laws on children, in which 514
women throughout the Gaza Strip participated.97
The unit prepared a booklet on women in the Sharia’ Courts as a part of a women’s
legal guide series, but it has not been approved by PCHR’s Program Committee yet.
The unit also prepared a study on Palestinian children killed by the Israeli occupation
forces, but it has not been approved by PCHR’s Program Committee yet.
4) Workshops
On February 19, 2000, the unit organized a workshop in PCHR’s branch in Khan
Yunis on co-operation and co-ordination between the unit, especially the legal aid and
awareness programs, and women’s centers and institutions in Khan Yunis. On
August 17, 2000, the unit, in co-ordination with PCHR’s Training Unit and in
partnership with the Woman Struggle Block in Khan Yunis, organized a workshop on
women, violence and development.
During 2000, the unit intervened with women with formal institutions, mainly the
Attorney General, Ministry of Social Affairs and the Sharia’ Courts.
The unit is the means of communication between PCHR and Palestinian Women’s
institutions. During 2000, the unit contributed to activities, meetings and committees
with women’s institutions in the Gaza Strip and the West Bank.
This unit is the basis of information in PCHR. Its staff collects precise information
about violations of Palestinian human rights by both the Israeli occupation forces and
the Palestinian security services. During 2000, the unit carried out this role perfectly,
despite heavy pressure on its filed officers in light of the unprecedented escalation of
Israeli violations of Palestinian human rights since September 2000. Despite
dangerous work conditions, field officers worked hard to cover daily incidents and
provided PCHR with complete and precise information on Israeli violations of
Palestinian human rights. The unit then classified the collected information and
prepared detailed files and tables which are used by PCHR in its reports, studies and
other activities.
In addition, the unit’s field officers played an important role in briefing visiting
international delegations, inquiry commissions, representatives of international human
97
For more details about these meetings, see page 92-93 of this report.
rights organizations, and foreign reporters and journalists on Israeli violations of
Palestinian human rights as well as accompanied them on field tours.
ANNEXES
Annex (1): A List of Palestinians killed in Al-Aqsa Intifada from
September 29 to December 31, 2000
FINANCIAL STATEMENTS
AS OF DECEMBER 31, 2000 AND 1999
In our opinion, the financial statements referred to above present fairly, in all
material respects, the financial position of Palestinian Centre for Human Rights, a
non-for-profit organization, as of December 31, 2000 and the results of its operations
and cash flows for the year then ended in accordance with international accounting
standards.
Our audit was made for the purpose of forming an opinion on PCHR’s basic
financial statements referred to above taken as a whole. Supplemental financial data,
showing comparison between actual and budget results for the year ended December
31, 2000, are presented on pages 7 and 8. Such data, which are not a required part of
the basic financial statements, were presented for purposes of additional analysis and
were subjected to our audit of the basic financial statements; and in our opinion, are
presented fairly in all material respects in relation to PCHR’s basic financial
statements taken as a whole.
Gaza
January 16, 2001
PALESTINIAN CENTRE FOR HUMAN RIGHTS
STATEMENTS OF FINANCIAL POSITION
AS OF DECEMBER 31, 2000 AND 1999
(Currency: U.S. $)
Net Assets
Unrestricted 349,082 420,983
Temporarily restricted 207,897 399,801
Total Net Assets 556,979 820,784
2000 1999
Temporarily
Notes Unrestricted restricted Total Total
REVENUES
Donors’ contributions 8 575,031 144,696 719,727 896,188
Other 13,577 - 13,577 13,670
Net assets released from restriction 336,600 (336,600) - -
Total Revenues 925,208 (191,904) 733,304 909,858
EXPENSES
Programs 9 737,104 - 737,104 612,930
Administrative and general 9 260,005 - 260,005 210,505
Total Expenses 997,109 - 997,109 823,435
(Excess of expenses over revenues)
Excess of revenues over expenses (71,901) (191,904) (263,805) 86,423
Net assets, beginning of year 420,983 399,801 820,784 734,361
Net assets, end of year 349,082 207,897 556,979 820,784
2000 1999
Cash Flows from Operating Activities
PCHR sets, independently, its three years plan, which is fully, or partially,
financed by donors. Further, PCHR program units are: fieldwork, legal aid,
woman, social & economic, library, training and democratic development,
which are supported by administrative and general staff.
During the year, PCHR established two offices in Jabalia and Khan Younis in a
step to increase its services coverage to these areas.
Summary of Significant Accounting Policies
The financial statements have been prepared under the historical cost
convention, the significant accounting policies follow:
− General
Net assets, revenues, expenses, and gains and losses are classified based
on the existence or absence of donor-imposed restrictions. Accordingly,
net assets and changes therein are classified as unrestricted, temporarily
restricted and permanently restricted. Unrestricted net assets are those
whose use by PCHR are not subject to donor-imposed stipulations.
Temporarily restricted net assets are those whose use by PCHR has been
limited by donors specific time period or purpose. Permanently restricted
net assets are those restricted by donors to be maintained by PCHR in
perpetuity. During 2000 and 1999 PCHR had no permanently restricted
net assets.
− Donors Contributions
Unconditional promises to give cash and other assets to PCHR are
recorded at the fair market value at the date promises to give are made.
Conditional promises to give and indications of intention to give are
recorded at the fair market value at the date contribution is received.
Unconditional promises to give are promises that depend only on
passage of time and certain performance by the promising donors.
Restricted contributions are recorded as either temporarily or
permanently restricted revenues. When donors restricted contributions
expire, that is, when a stipulated time restriction ends or purpose
restriction is accomplished, temporarily restricted net assets are
reclassified as unrestricted net assets and reported in the statement of
activities as net assets released from restriction.
− Fixed Assets
Fixed assets are recorded at cost and depreciated over their estimated
useful lives using the straight-line method. The estimated useful lives of
these assets are –
Years
Furniture and fixtures 10
Office equipment 6.67
Computers, software and printers 4
Motor vehicles 6.67
Library books 10
− Foreign Currency
PCHR’s basic functional currency is the U.S. Dollar. Transactions, which
are expressed or denominated in other currencies, were translated to U.S.
Dollar using exchange rates in effect at the time of each transaction.
Assets and liabilities, which are denominated in other currencies, are
translated to U.S. Dollar using exchange rates prevailing at year-end.
Gains and losses arising from the translation are reflected in the
statement of activities.
Cash on Hand and at Banks
2000 1999
Petty cash 900 482
Bank of Jordan 31,992 73,077
Bank of Jordan – Certificate of deposit 48,562 306,187
81,454 379,746
Contributions Receivable
2000 1999
Grassroots International – USA (1) 27,627 33,200
Open Society Institute (2) - 50,000
NOVIB (3) 181,346 -
DanChurchAid/DANIDA (4) 66,821 119,708
Development Cooperation Division -
Department of Ireland Foreign Affairs. - 27,219
275,794 230,127
(1) Grassroots International approved an unrestricted grant for the year
ended December 31, 2000, which will be disbursed for PCHR in 2001.
(2) During 1999, Open Society Institute agreed to pay PCHR U.S.$ 50,000.
PCHR received the amount in 2000.
(3) The amount represents the unconditional promise to give a grant to
PCHR as referred to in note 8 below.
(4) DanChurchAid grant to PCHR comprises U.S. $ 196,695, of which U.S.
$ 76,987 and U.S.$ 52,887 were received during the 1999 and 2000,
respectively. A balance of U.S.$ 66,821 remains as contribution
receivable.
2
Other Current Assets
2000 1999
Prepaid rent 19,587 18,217
Employees receivable 2,203 5,642
21,790 23,859
Property, Plant and Equipment
Components of property, plant and equipment as of December 31, 2000 and
movement during the year follow.
Balance, Balance,
January December
1, 2000 Additions Retirements 31, 2000
Costs:
Furniture and fixtures 55,582 28,192 - 83,774
Office equipment 113,511 29,704 - 143,215
Computers, software and printers 60,904 34,483 - 95,387
Motor vehicle 35,000 - - 35,000
Library books 42,525 1,300 - 43,825
307,522 93,679 - 401,201
Accumulated Depreciation:
Furniture and fixtures 15,726 7,691 - 23,417
Office equipment 37,889 19,669 - 57,558
Computers, software and printers 34,620 20,176 - 54,796
Motor vehicle 5,436 5,250 - 10,686
Library books 11,679 4,323 - 16,002
105,350 57,109 - 162,459
3
Donors’ Contributions
Donors’ Contributions during the year 2000 were as follows.
2000 1999
Temporarily restricted
Contribution Promises Total
Unrestricted received to give Total contributions Total
Swedish ICJ – Sweden (1) 115,009 - - - 115,009 129,011
Ford Foundation – USA (2) 150,000 - - - 150,000 -
NOVIB – Holland (3) 193,127 - 141,076 141,076 334,203 173,236
Representative Office of Norway – PA 50,000 - - - 50,000 40,000
Christian Aid – UK - 2,420 - 2,420 2,420 80,345
Australian Embassy 33,165 - - - 33,165 -
Grassroots International – USA (4) 27,627 - - - 27,627 34,200
Open Society Institute - - - - - 50,000
Development Cooperation Division–
Department of Ireland Foreign Affairs. - - - - - 91,219
DanChurchAid/DANIDA - 1,200 - 1,200 1,200 196,695
Royal Danish Representative Office- PA - - - - - 70,000
U.N.A.I S. - - - - - 21,952
Arab Cause Solidarity Committee – Spain 5,815 - - - 5,815 -
Other donors 288 - - - 288 9,530
575,031 3,620 141,076 144,696 719,727 896,188
(1) Swedish ICJ grant was in the form of a three-year financing agreement of
PCHR’s budget for SEK 1,000,000, annually, started in 1998. Swedish ICJ
transferred funding for 1998, 1999 and 2000. Included in ICJ contribution for
the year an additional U.S.$ 10,000 after an emergency request made by PCHR.
(2) The Ford Foundation approved a grant of U.S.$ 150,000 to PCHR in support of
the protection and promotion of human rights in Gaza. PCHR received the
grant during 2000.
(3) During the year, NOVIB agreed to finance PCHR budget for DFL 1,118,580,
approximately U.S.$ 451,040 at 2.48 DFL to 1 U.S.$ exchange rate. The amount
received during the year was DFL 372,860, equivalent to U.S.$ 152,857. In
addition, NOVIB approved an amount of DFL 100,000, equivalent to U.S.$
40,270 for an emergency assistance, which was received in January 2001.
Included in the grant the equivalent of U.S.$ 141,076, which represents
unconditional promise to give and expected to be received as follows:
These amounts and the emergency assistance grant of U.S.$ 40,270 referred to
above were recorded as contribution receivable of U.S.$ 181,346 in note 4
above.
In addition to above amounts, NOVIB’s grant includes conditional promise to
give for the amount equivalent to U.S.$ 159,563, which will be recorded when
received. (See note 10 below)
(4) The amount represents unrestricted grant made by Grassroots International for
the year ended December 31, 2000, referred to in note 4 above.
4
Expenses
2000 1999
Management
Programs & General Total Total
Salaries and related costs * 413,615 218,947 632,562 507,112
Publication, publicity, and photocopy 51,108 409 51,517 49,410
Fax, phone and postage 37,700 6,653 44,353 32,238
Hosting visitors 6,343 705 7,048 4,116
Depreciation 48,542 8,567 57,109 41,215
Rent 22,131 3,905 26,036 16,100
International cooperation –travel and
meetings 11,325 1,258 12,583 11,364
Staff training development 11,017 - 11,017 12,175
Hosting/conducting workshops and
seminars 30,305 - 30,305 41,459
Transportation 9,775 2,444 12,219 7,774
Professional fees 42,091 1,710 43,801 44,956
Attending conferences and seminars 13,151 5,636 18,787 19,227
Stationery and supplies 13,319 2,350 15,669 9,790
Utilities 4,909 866 5,775 3,573
Bank charges - 1,265 1,265 834
Motor vehicles expenses 974 243 1,217 2,097
Maintenance 10,053 1,774 11,827 8,762
Subscription to magazine and internet 5,879 653 6,532 4,465
Miscellaneous 4,867 2,620 7,487 6,768
737,104 260,005 997,109 823,435
5
saving, into which benefits are deposited shortly after they are
accrued.
6
PALESTINIAN CENTRE FOR HUMAN RIGHTS
SUPPLEMENTAL FINANCIAL DATA TO
THE FINANCIAL STATEMENTS
ACTUAL AND BUDGET RESULTS
FOR THE YEAR ENDED DECEMBER 31, 2000
(Currency: U. S. $)
The following comprises a comparison between actual and budgeted expenses, and
additions to fixed assets for the year ended December 31, 2000. Certain similar
expense items as per PCHR’s budget have been reclassified to conform with the
financial statements presentation.
Actual Budget Variances
Salaries and related costs 632,562 815,239 182,677
Publication, publicity, printing and photocopy 51,517 55,500 3,983
Fax, phone, communication and postage 44,353 36,000 (8,353)
Rent 26,036 25,000 (1,036)
International Cooperation –travel and meetings 12,583 36,000 23,417
Staff training development 11,017 20,000 8,983
Hosting seminars, conferences, workshops and
Visitors 37,353 21,000 (16,353)
Transportation 12,219 10,200 (2,019)
Professional fees 43,801 38,000 (5,801)
Attending conferences and seminars 18,787 24,000 5,213
Stationery and supplies 15,669 9,500 (6,169)
Utilities 5,775 7,300 1,525
Bank charges 1,265 - (1,265)
Motor vehicle expense 1,217 2,000 783
Maintenance 11,827 10,050 (1,777)
Subscription in magazine and internet 6,532 9,090 2,558
Miscellaneous 7,487 5,360 (2,127)
Subtotal * 940,000 1,124,239 184,239
7
** Details of this amount for the year follow.