URU, Alm.del - 2011-12 - Bilag 50: Note fra Euro-Mediterranean Human Rights Network (EMHRN) forud for møde om politisk dialog og samarbejde den 5. december 2011

The Euro-Mediterranean Human Rights Network (EMHRN) welcomes the upcoming meeting ofthe EU-Israel subcommittee on political dialogue and cooperation on 5 December 2011. Thismeeting is an important opportunity to raise concerns and discuss violations of internationalhuman rights and humanitarian law committed by the Israeli authorities in the OccupiedPalestinian Territory (OPT) comprising the West Bank, including East-Jerusalem, and the GazaStrip. It is equally an important opportunity to follow up on the discussions that took place inthe EU-Israel human rights working group meeting on the 13thof September 2011, which wasaddressing human rights violations committed by Israel inside Israel.Since the last meeting of the EU-Israel subcommittee on political dialogue and cooperation inDecember 2010, Israeli violations of international law in the OPT and Israel have continued andincreased. Given the situation, as also reflected in the European Commission’s progress reporton the implementation of the EU-Israel Action Plan in 20101, any improvement or upgrading ofEU-Israel relations should remain on hold, pending tangible progress in Israel’s respect forinternational law in the OPT and inside Israel.The EMHRN calls on the EU to address the following issues at the upcoming politicalsubcommittee:1. Follow up to the EU-Israel HR working group meeting of 13 September 2011The EMHRN urges the EU to follow up on the concerns the EMHRN raised in view of the EU-Israel human rights working group meeting which took place in September 2011, namely theincreasing attacks against Human Rights Defenders; the continued discrimination towards thePalestinian Arab Minority in Israel; the use of torture and other cruel, inhuman and degradingtreatments; and the violations of refugee rights.2Given some worrying recent developments and new opportunities that have come up sinceSeptember 2011, the EMHRN urges the EU to raise in particular the following issues in itsmeeting with the Israeli government:1.1 Imminent displacement of Arab Bedouin in the Naqab (Negev)12

On the 11thof September 2011, the Government of Israel approved the “Prawer Plan” for theregulation of the settlement of Arab Bedouin citizens of Israel in the unrecognized villages in theNaqab (Negev) in the South of Israel. The “Prawer Plan” was developed without anyconsultation from the Arab Bedouin or other Arab community leaders. If implemented the planwould violate the basic rights of the Arab Bedouin including their right to dignity and the right topreserve their way of life and culture. It will also dispossess them from their ancestral land anddiscriminate between Arab Bedouin and Jewish citizens in land and planning in the Naqab.According to the Plan, the Arab Bedouin who submitted land ownership claims before the 24thof October 1979 and whose claims were not subsequently rejected by an administrator or acourt of law, will receive compensation in the form of up to 50% of the land claimed.Compensation for the remaining 50% of land will only be made available after the initial 50% hasbeen relinquished to the State. Compensation in the form of land will only be given if there isevidence that the owner is living on the land and it is not currently held by the state or anotherperson through agreement with the state. For those who are not living on their claimed land,financial compensation or plots of land will be given that the government will be obliged todevelop for the property claimant, subject to the arrangements detailed in the plan.Those who will be displaced will be settled within a clearly demarcated region in the northernNaqab and not in any other area. If implemented, this plan may result in the forceddisplacement of 40,000 Arab Bedouin from their homes and villages. With this plan, most of theunrecognised villages would be destroyed.Legislation to implement the Prawer report is expected to be tabled in the Knesset very soon.The EMHRN calls on the EU to urge Israelto rescind its decision to approve the Prawer Reportand begin to right the historical wrongs by engaging in a meaningful dialogue with the ArabBedouin community and the Arab political leadership, and recognise the “unrecognised” ArabBedouin villages and traditional land ownership in the Naqab.For further information see:--Adalah (October 2011):The Prawer Plan and Analysis.Adalah Press Release (6 September 2011):Adalah Urges Government of Israel to RejectPrawer Report as it Violates the Rights of the Arab Bedouin and will Displace Thousandsfrom their Homes.Adalah (September 2011):Nomads Against Their Will—TheAttempted expulsion of theArab Bedouin in the Naqab: The example of Atir-Umm al-Hieran.Adalah, Article by Dr. Thabet Abu-Ras (April 2011):The Arab Bedouin in theUnrecognized Villages in the Naqab (Negev): Between the Hammer of Prawer and theAnvil of Goldberg.Association for Civil Rights in Israel (ACRI), BIMKOM and the Regional Council for theUnrecognized Villages in the Naqab, Position Paper (May 2011):Principles for ArrangingRecognition of Bedouin Villages in the Negev(includes alternative master plan for theunrecognised villages).

1.2 Detention Conditions of Palestinian Prisoners and Detainees, including childrenIn October 2011, 1027 Palestinian prisoners detained in Israeli prisons were released inexchange for the release of an Israeli soldier, Gilad Shalit, who was held captive by Hamas formore than five years in Gaza. Around 5,000 Palestinians, classified as “security” prisoners ordetainees by Israel, remain imprisoned in Israel. Two of them are detained under theIncarceration of Illegal Combatants Law, and close to 300 are being held in 'administrativedetention'.Since the capture of the soldier Gilad Shalit in June 2006, the detention conditions of Palestinianprisoners and detainees have deteriorated in an unprecedented manner. They are subject toharsher pre-trial detention laws (e.g. lengthy prohibition on meeting with lawyers, proceedingsbeing held in their absence, etc.), interrogations and conditions of confinement than otherprisoners and detainees held in Israel (including solitary confinement and restrictions on familyvisits). In Israeli Security Agency (ISA or shabak) facilities, testimonies taken by human rightsorganisations in past years indicate clear patterns of torture and/or cruel, inhuman anddegrading treatment of Palestinian detainees. There is an insufficient legislative framework tosafeguard the rights of Palestinian prisoners and recent legislative initiatives have been enactedthat violate their rights. The absolute prohibition of torture enshrined in international law hasnot been adopted in Israeli domestic law. New legislation restricting meetings between“security” prisoners and lawyers and extending the validity of harsh, special detentionprocedures for those suspected of security offenses has been enacted. Proposed legislation (thenew Counter-Terrorism bill which passed the first reading in the Knesset in August 2011 and theShalit bills3) would further violate the rights of Palestinians held by Israel. Last but not least,there is insufficient access to remedies: oversight and accountability mechanisms are weak andthere is a culture of impunity.4Medics employed in the prison system consistently fail tooppose, document or report suspicions of torture or ill-treatment. Similarly, civilian hospitalstaff members encountering suspected victims of abuse and/or torture fail to report them assuch.5From 27 September to 23 October 2011, about 2,000 Palestinian prisoners staged a hungerstrike to protest against their worsening conditions and the extensive use of solitaryconfinement. After the conclusion of the prisoners swap, as well as the deterioration in thehealth of some strikers, including political leaders, and their transfer to the Israel Prison Service(IPS) medical centre, the IPS signed an agreement with the prisoners undertaking to respectmost of the demands of the strikers, including:

A set of bills (the 'Shalit laws') was proposed aiming to collectively worsen Palestinian prisoners' conditions inresponse to the holding of Shalit – as both a punitive measure and a form of pressure. These bills have still not beenremoved from the Knesset agenda.4Over 600 complaints regarding abuse/torture during interrogation have been filed since 2001, but not a singlecriminal investigation has been opened.5This failure is due to a lack of legislation, as well as training and guidance from professional bodies such as theMinistry of Health and the Israel Medical Association that should encourage reporting and protection of whistle-blowers.

1. Removing the Secretary General of the Popular Front for the Liberation of Palestine(PFLP) from his permanent solitary confinement and providing him with full medicalcare;2. Removal of most Palestinian prisoners from solitary confinement;3. Renewal of family visits;4. Cessation of full body-strip searches of prisoners and their families, of nightly raids ofcells, and of cuffing during family and lawyers' visits; and5. Renewal of access to education, Arabic TV and books.The strike was then called off, with a proviso that the situation would be reviewed by theprisoners after three months. The provisions of the agreement have not yet been respected.In a separate development, the EMHRN welcomes the decision by the Israeli military to raise theage of juveniles or minors in the military-justice system in the West Bank from 16 to 18 yearsold. This change aptly conforms the age of minority in the West Bank to the customary agearound the world, including in Israel. However, Israel continues to violate many basic rights ofPalestinian minors - most of who are suspected of stone-throwing - during arrest, interrogation,trial, and imprisonment. These concerns include arrests in the middle of the night, ill treatmentand interrogation in the absence of a parent or lawyer.The EMHRN calls on the EUto seize the momentum created by the release of Gilad Shalit, theprisoner swap, and the agreement with the Israeli prisoners to urge Israel to improve theconditions of confinement of Palestinian prisoners in accordance with the UN Conventionagainst Torture. In particular, Israel should:--Respect the agreement it signed with the prisoners and especially end prolongedsolitary confinement of Palestinian prisoners.Remove its support from the 'Shalit bills' and anti-terrorism bill and refrain fromintroducing legislation worsening collectively the detention conditions and the access ofPalestinian detainees and prisoners to a fair trial and to external scrutiny.Introduce legislation expressly prohibiting torture and accede to the Optional Protocolof the Convention Against Torture (OPCAT).Introduce legislation expressly prohibiting medics' participation in abuse/torture, andfor documentation and reporting of torture, and protection of whistle-blowers.Ensure that the Israel Medical Association and/or the Ministry of Health investigateallegations of medical complicity and protect whistle-blowers.Establish independent investigation mechanisms, and give access to all facilities at allstages of incarceration.

For further information:-Adalah, Al-Mezan Center for Human Rights, Public Committee Against Torture (PCATI)and Physicians for HR – Israel Briefing Note (October 2011):Human rights of Palestiniandetainees and prisoners held in Israel, with relation to the struggle against Torture andother Cruel, Inhuman or Degrading Treatment or Punishment.Adalah, PHR-Israel and Al Mezan,Solitary Confinement of Prisoners and Detainees inIsrael Prisons(June 2011). See also the position of the UN Special Rapporteur onTorture, calling for prohibition of solitary confinement, seeInterim report of the SpecialRapporteur of the Human Rights Council on Torture, Cruel, Inhuman or DegradingTreatment or Punishment, A/66/268(5 August 2011).Public Committee Against Torture in Israel (PCATI),Accountability Still Denied(November 2011, PDF file attached).PCATI and PHR-Israel,Doctoring the Evidence, Abandoning the Victim: The Involvementof Medical Professionals in Torture and Ill Treatment in Israel(October 2011).For more information regarding child detainees see B’Tselem “Armyraises minority ageof Palestinians to 18, as in Israel; violation of minors' rights continues”and the B’Tselemreport “NoMinor matter”from July 2011.ACRI Position Paper (August 2011):The Counter-Terrorism Bill, 2011.

1.3 New bills curtailing freedom of association in IsraelOn 13 November 2011, the Ministerial Committee for Legislation approved two new billsintended to significantly curtail the work of human rights organisations in Israel by severelyrestricting their funding from foreign governments (such as the EU and the UN). The EMHRNfears that the bill would also apply to public funding channelled through European NGOs. Ifadopted these bills will seriously curtail freedom of association in Israel and stand in starkcontrast to the fundamental principles of democracy. They would also breach Israel'sinternational obligations under the 1998 United Nations Declaration on Human RightsDefenders, and in particular its article 13, which provides that "everyone has the right,individually or in association with others, to solicit, receive and utilise resources for the expresspurpose of promoting and protecting human rights and fundamental freedoms through peacefulmeans".•The first bill titled"The Associations Law (Amendment – Banning Foreign DiplomaticEntities' Support of Political Associations in Israel),"was tabled by MK Ofir Akunis (Likud)and backed by Prime Minister Benjamin Netanyahu. This bill attempts to set monetarylimitations on funds to Israeli human rights organisations. According to this bill, an IsraeliNGO that seeks to influence state policies (deemed to be "political organisations")would not be allowed to receive donations of more than NIS 20,000 (EUR 4,000).The second bill is titled"Bill for amendment of the Income Tax Order (Taxation of publicinstitutions that receive donations from a foreign state entity) – 2011,"tabled by MKFaina Kirshenbaum (Yisrael Beitenu). This bill seeks to amend the Income Tax Order sothat funding from foreign state entities to Israeli NGOs will be subject to a 45% taxation

rate. This is liable to prevent foreign governments from funding such organisations, dueto their domestic laws.Following condemnations from Israeli NGOs and pressure from the EU and the US, PrimeMinister Netanyahu decided to postpone the discussion in the Knesset on these two bills.However, according to the latest information available on 23 November 2011, Foreign AffairsMinister Lieberman will still push for the adoption of the Kirshenbaum Bill.The EMHRN calls on the EU to urge Israel to:---Clearly and publicly state it will not introduce or vote in favour of those two bills in theKnesset.Refrain from introducing or supporting any further legislation and practice which wouldeffectively curtail the freedoms of association and expression in Israel.Revoke the Bills on Foreign Funding and on Anti-Boycott, which violate Israel’sobligation under human rights law.

2. Israeli violations in the OPT2.1 Imminent expulsion of Bedouin communities from Area C in the West BankIn October 2011, the Israeli Civil Administration (CA) published its plan to expel the Bedouincommunities living in Area C in the West Bank, transferring some 27,000 persons from theirhomes. The first phase, which will result in the forcible transfer of 2300 persons to a site nearthe Abu Dis refuse dump, east of Jerusalem, will be implemented as early as January 2012.These communities currently live in the area of the Ma'ale Adummim settlement and nearbysettlements; half of them live in E1, the area designated by Israel for future expansion of Ma’aleAdummim. In the second phase, the CA plans to expel communities from the Jordan Valley.According to the CA's schedule, the plan will be implemented in three to six years.If implemented, the E1 plan will create urban contiguity between the Ma’ale Adummimsettlement and Jerusalem, exacerbating further the isolation of East Jerusalem from the rest ofthe West Bank, and cutting the territorial contiguity between the northern and southernsections of the West Bank, rendering any viable, contiguous Palestinian State impossible. Itwould violate the basic rights of Palestinians. This plan also blatantly contravenes internationalhumanitarian law, which prohibits the forced transfer of protected persons, unless the move is

2.2 Lifting of the Gaza closureThe decisions by the Government of Israel to ease some restrictions on the Gaza Strip over thelast year and a half have not resulted in any meaningful improvement of the lives of mostPalestinians living in the Gaza Strip, whose basic rights continued to be violated. Indeed, the‘ease’ has left foundations of the illegal closure policy intact6. The EMHRN notes the danger thatthe current "eased" closure risks becoming institutionalised by the international community ifthere is no increased pressure on Israel for a full lifting of the closure. Measures to “ease” theclosure fall short of addressing the root cause of the human rights and humanitarian crisis,namely the closure itself, and by extension, Israel’s occupation of the Palestinian Territory,including the Gaza Strip. Attempts to ease the closure fail to address the illegality and injusticeof Israel’s closure policy and will not lead to any improvement of the overall human rightssituation on the ground.In light of the recent release of soldier Gilad Shalit, one of the main reasons for Israel’s closurepolicy, the EU should urge Israel to:--Take immediate actions to put an end to the closure and collective punishmentmeasures imposed on Palestinian civilians in the Gaza Strip.Urge Israel to immediately deliver exit permits to patients in need of medical treatmentoutside Gaza, to ensure access to Gaza’s agricultural land and fishing grounds, andensure the protection of civilians in these areas.7

2.3 Accountability for international law violations committed during the Israeli offensive onthe Gaza Strip in 2008-2009Three years after the Israeli offensive “Operation Cast Lead” on the Gaza Strip, Israel (as well asthe Palestinians) has failed to conduct investigations that meet the required internationalstandards of independence, impartiality, thoroughness, effectiveness and promptness8into theviolations of international law it allegedly committed9. These investigations were demanded inthe report of the UN Fact Finding mission on the Gaza conflict (the so-called “Goldstone report”)- endorsed by the UN General Assembly and the UN Human Rights Council - and called for by theEU. Several shortcomings have been confirmed in the 2010 and 2011 reports of the Committeeof independent experts in international humanitarian and human rights laws mandated by theUN Human Rights Council to monitor and assess domestic proceedings by Israel and thePalestinian Authority from an international law point of view10. Based on this information, theUN Human Rights Council recommended in March 2011 that the UN General Assembly inSeptember 2011 submit the Report of the UN Fact-Finding Mission on the Gaza Conflict to theSecurity Council, with the recommendation that the Security Council should refer the situationin Israel and the Occupied Palestinian Territory to the Prosecutor of the International CriminalCourt, pursuant to Article 13(b) of the Rome Statute. The General Assembly has not yetfollowed-up on this recommendation.In general, the Israeli Military Advocate General (MAG) did not investigate all complaintssubmitted to it in relation to Operation Cast Lead but it seems to have picked certain casesaddressed in the UN Fact Finding Report (the so-called Goldstone report). It officially closedother complaints/cases, while lacking to provide information about the status of many othercomplaints submitted by NGOs11.

As reported by various Israeli, Palestinian and international NGOs, independence and impartiality of the Israeliinvestigations are severely compromised by the fact that all these inquiries have been carried out by armycommanders or by the military police. In addition, these inquiries are overseen by the Military Advocate General(MAG), whose office cannot be considered a disinterested party as it provided legal advice to Israeli forces on theirchoice of targets and tactics during Operation Cast Lead. Moreover, many aspects of these military investigations arecarried out in the form of so-called operational debriefings, which are conducted for the purposes of evaluatinglessons learned for the military itself, and not to investigate the possibility of criminal behaviour. Further, Israeliinvestigations as a whole look only into violations resulting from deviations from orders and do not examine thelegality of the orders themselves. However, most of the harm to civilians, property and civilian buildings duringOperation Cast Lead was a result of policies determined at the senior government and army levels, with the approvalof the MAG.9See thereport of the United Nations Fact-Finding Mission on the Gaza Conflict on human rights in Palestine andother occupied arab territories.10For the 2010 Report of the international fact-finding mission to investigate violations of international law, includinginternational humanitarian and human rights law, resulting from the Israeli attacks on the flotilla of ships carryinghumanitarian assistance and the 2011 report of the Committee of independent experts in international humanitarianand human rights law established pursuant to Council resolution 13/9.11For instance, Adalah, Al Mezan and Al Haq filed 10 complaints concerning Operation Cast Lead on behalf of victimsin Gaza, which are documented in their reports to the Independent Expert Committee. The MAG is ignoring all ofAdalah's letters about the status of the investigations, demands for information, and copies of the investigationmaterials. They are not sending any reasons to the organisations for closing these cases despite many attempts to getthis material.

The lack of independent and transparent investigations, together with monetary barriers12, the2-year statute of limitations imposed on filing tort (compensation) cases13and the lack of accessto Israeli courts for victims, witnesses and lawyers living in Gaza - due to the illegal Israeliclosure policy-14, fundamentally deny the victims’ legitimate right to an effective judicialremedy. It allows those allegedly responsible of committing those violations to escapeaccountability, contributing to a culture of impunity in Israel. Under such conditions, there is areal danger that the basic principles of international law, which aim at securing protection forcivilians, will continue to be violated in the future.The investigation into violations committed during Operation Cast Lead is only one aspect of thebroader culture of impunity in Israel, among which are the total impunity for cases of tortureand a lack of investigations into cases of settler violence against Palestinians in the West Bank.The EMHRN calls on the EU to urge Israel to:-Fully comply with its obligations to conduct independent and credible investigations inline with international standards into the alleged violations of international lawcommitted during Operation Cast Lead. The EU should remind Israel that failing to do sowould mean facing further actions by the international community, including therecourse to international criminal justice mechanisms.Remove serious monetary, legal and physical obstacles on Palestinians to access justice.Refrain from any attacks on protected persons and/or objects in the Gaza Strip andensure full compliance by international law.

Israeli courts often require claimants to pay a court insurance fee before the case can begin. While this is adiscretionary fee applied by the court, in practice, this fee is always applied to Palestinian claimants. The exact valueof the fee is not fixed, and it is determined on a case-by-case basis by the court. With respect to claims for damage toproperty, the fee usually constitutes a percentage of the value of the property being claimed, however, for death orinjury there is no informal guideline. In PCHR’s experience this amount is typically set at a minimum of NIS 10,000(about US $2800); however, it can reach significantly higher amounts. See PCHR,Israel High Court of Justice vacatesverdict in Cast Lead Case: Appoints New Panel of Judges and Orders Case on behalf of 1,046 victims be Re-heard.13Under Israeli law, a complaint for civil damages must be brought within two years of the date of the incident, or theright to compensation is irrevocably lost. As a result of the illegal closure of the Gaza Strip, and the significant numberof victims of Operation Cast Lead, this two-year limit means that the victims are often unable to submit their caseswithin the required time-frame. Prior to 1 August 2002, the statute of limitations was seven years.14According to PCHR, since June 2007, despite a letter from the court requesting the victims and witnesses’ presence,the Israeli military authorities have not allowed a single individual to leave Gaza to appear in court. See PCHR,IsraelHigh Court of Justice vacates verdict in Cast Lead Case: Appoints New Panel of Judges and Orders Case on behalf of1,046 victims be Re-heard.Adalah filed a petition to the Jerusalem Administrative Court in October 2011 againstIsrael's policy of preventing Palestinian residents of the Gaza Strip who file tort (damages) lawsuits against the Israelisecurity forces, and their witnesses from entering Israel in order to appear in court and completing the necessarylegal proceedings. See Adalah’s Press Release (October 2011): Adalah Petitions against the Ban on Gaza Residentsfrom Entering Israel to Access the Courts for Tort Cases against the Israeli Security Forces.