Udenrigsudvalget 2021-22
URU Alm.del Bilag 109
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URU, Alm.del - 2021-22 - Bilag 109: Rapport fra International Commission to Support Palestinians' Rights (ICSPR) om menneskerettighedssituationen for palæstinensere
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Original Lang. Arabic
Annual Press Report on:
“The situation of human and Palestinian rights”
2021 is marked as a terrifying year for the human rights crimes that
the occupation has committed.
And on the internal level ,it was the worst ever in terms of violating
rights and freedoms.
Based on its follow-up to the situation of the rights of the Palestinian
people, and its keenness to be the voice of victims of human rights
violations in the occupied Palestinian territories and the diaspora, the
International Commission to Support Palestinians' Rights (ICSPR) is holding
this press conference today with your presence, to clearly and publicly point
out the state of sharp and unprecedented deterioration on the overall
situation of human rights in the occupied Palestinian territories during
2021, and to confirm that according to various indicators, 2021 was
the worst in terms of the grave violations that the Palestinians were
subjected to.
In addition to the targeting of human rights defenders who condemn
the violations committed by the occupation forces and demand
accountability for the perpetrators of war crimes and crimes against
humanity before the International Criminal Court, where the Israeli
Minister of War labeled six Palestinian civil society organizations
as “terrorist organizations” in October 2021, which was followed by
taking actual steps to implement this decision.
The Israeli occupation authorities continued to commit war crimes and crimes
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against humanity, represented in the killings, field executions, arbitrary detention,
Judaizing the city of Jerusalem, forcible displacement of Palestinians, especially in the
neighborhoods of Sheikh Jarrah and Silwan, colonial settlement expansion,
completing the construction of the separation wall and separation barriers, the policy
of the siege on the Gaza Strip, which continues for the sixteenth year in a row, and the
abuse of Palestinian detainees.
Moreover, the human rights crisis in the Palestinian territories, especially the Gaza
Strip, has exacerbated, which involves the weakness of human and peoples rights
guaranteed in international conventions, in particular, the deprivation of the
Palestinian people and the Palestinian citizen from their rights to return, self-
determination, freedom, security, an adequate standard of living and human dignity,
for political, social and economic reasons, whether at the internal Palestinian level or
the Israeli, especially in light of the continuation of various forms of escalating Israeli
violations against Palestinian civilians, as well as the continuation of Palestinian
violations, the most serious of which is the continuation of collective punishments
imposed on employees and citizens of the Gaza Strip, which led to an unprecedented
rise in poverty and unemployment rates.
The state of serious decline in rights
and liberties and the weakness of the
main official institutions have also
contributed to weakening the internal
front, and undermining the ability of
the Palestinian political system to
face external challenges facing our
national cause, foremost among
which are the violations and practices
of the Israeli occupation and its
policy based on imposing facts on the
ground, have limited the
effectiveness and role of the
Palestinian Authority with all its
components, and the ability of the
political system to invest in the broad
state of international solidarity that was
evident during the occupation's recent
attacks on Jerusalem and the Gaza Strip
in favor of the national cause in various international forums, which requires a serious
stand before this stage to overcome all its mistakes.
URU, Alm.del - 2021-22 - Bilag 109: Rapport fra International Commission to Support Palestinians' Rights (ICSPR) om menneskerettighedssituationen for palæstinensere
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Section I
Violations of the Israeli occupation
ICSPR reminds all that the Palestinian people are still suffering under the Israeli
occupation, at a time when their suffering is increasing as a result of the
continued crimes, policies and restrictions of the Israeli occupation state within
the framework of a systematic policy that denies the rights of the Palestinian
people, which took several forms, including:
First: With regard to the occupation’s targeting of Palestinian civilians:
The occupation authorities are still adopting
declared policies based on the continued
targeting of civilians and Palestinian
demonstrators and their property, where the
Israeli aggression on the Gaza Strip, which lasted
for eleven days and stopped on May 21, 2021,
revealed horrific scenes of the Israeli crimes
committed against civilians, as the occupation
forces deliberately, in a clear, systematic and
organized manner, targeted civilians and their
property, especially those located in densely populated neighborhoods, with
the aim of causing the greatest loss of civilian life, and causing massive
material damage to the residential surroundings of these facilities.
With regard to the violation of the right to life:
(361)
Palestinians were killed by the Israeli occupation in the
West Bank and Gaza Strip, including 248 martyrs as a
result of the war aggression launched by the occupation
forces on the Gaza Strip in May 2021, including 66
children, 39 women and 17 elderly people, in addition to
injuring 1950 others and the widespread and systematic
destruction of property, infrastructure, economic facilities
and various vital sectors.
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With regard to holding on to martyrs' bodies:
The occupation authorities
continued to pursue a policy of holding on to the bodies of Palestinian
martyrs, forbidding their families and their relatives from burying them in a
proper manner, contrary to all international values and norms, where the
Israeli occupation authorities are holding on to more than 89 martyrs in the
mortuary and 253 others in cemeteries.
During last year, crimes of military targeting
of property and agricultural lands were
repeated in the context of restricting access
to the eastern areas of the Gaza Strip, as
well as attacking fishermen and farmers.
On the other hand, the Israeli military
occupation forces continued to commit
extrajudicial killings, including daily field
executions in the West Bank and
occupied Jerusalem, which claimed the
lives of dozens of civilians, including
women, children and youth, all of whom
were executed in cold blood, without
posing a real danger to the occupation soldiers.
With regard to the violations against Palestinian journalists and freedom of
journalistic work: In 2021, there was a marked escalation in the occupation’s
attacks on press freedoms in the occupied Palestinian territories,
using excessive force without regard to the principles of
discrimination and proportionality, violating all
international, human rights and humanitarian covenants
that guarantee freedom of journalistic work, where
(823) violations against journalists in the West Bank
and Gaza Strip were recorded, of which 101 violations
were in the Gaza Strip during the recent aggression.
As for the West Bank, 247 attacks in which the
occupation and its settlers used all violations against
journalists, including targeting them with live and rubber
bullets, sound bombs and poison gas, beating them severely
and releasing fierce dogs at them. In addition, more than (116)
male and female journalists have been arrested, summoned,
detained, housed, banished from Jerusalem or entering Al-Aqsa Mosque.
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Second: The continuation of the Israeli siege crime on the Gaza Strip:
The Israeli military occupation authorities have
continued to impose collective sanctions and
restrictions on the Gaza Strip for the 16
th
year in
a row, by closing the crossings and preventing
the passage of goods and citizens, including
Palestinian patients, where nearly 8000 patients
were denied travel to receive the necessary
treatment in hospitals outside the Gaza Strip,
which led to the death of many citizens as a
result of impeding their access to hospitals to
receive treatment.
The Israeli siege has made nearly two-thirds of the Palestinian families in the
Gaza Strip suffer from food insecurity, and the poverty rate has risen to 75%,
34% of whom are below the poverty line, 24.7% of the members of poor
families are children, and the unemployment rate in the Gaza Strip has
reached more than 52%, most of them are young people, especially university
graduates, at a rate of about 80% of them, and the percentage of food-
insecure reached more than 70%. In addition to this, there are multiple crises
related to the lack of potable water, crises of the health and education sector,
and other vital sectors, in addition to power outages for about 10
hours a day, which greatly affected various other vital
sectors.
In 2021, scenes of persecution, shootings,
and arrests of fishermen and farmers in
the Gaza Strip were repeated, including
the confiscation of their boats at sea.
In 2021, the Israeli military occupation
forces made several incursions into the
lands of the Gaza Strip, some of which
were accompanied by spraying of
chemical pesticides from the air towards
agricultural lands, causing severe
damage to the citizens’ crops.
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Third: The escalation of arrests, raids, and attacks on detainees in the
occupation prisons:
In 2021, the raids of the villages and cities of the West Bank and occupied
Jerusalem have significantly escalated, and resulted in a campaign of arrests that
affected thousands of civilians, and dozens of civilians in the Gaza Strip, most of
whom were arrested at the crossings that the occupation turned into detention
points, where the number of arrests reached nearly (8000) Palestinians.
The number of Palestinian detainees in the prisons of the occupation during
2021 reached nearly (5000), including (37) female prisoners,
while the number of child detainees has reached about (160)
children, and the administrative detainees (500), all of them
are living under coercive policies and suffer from abuse,
repression, torture and neglect with the aim of undermining
their dignity, through deliberate physical torture and
medical neglect, which has claimed the lives of nearly 229
Palestinian detainees inside Israeli prisons since 1967. That
has escalated the pace of medical risks after the spread of
the Coronavirus (Covid 19) despite the repeated calls by
human rights organizations calling for the need to take all
relevant measures to combat the spread of the pandemic,
especially with the continuing state of overcrowding and
willful neglect in Israeli prisons.
The arrest of women:
The number of women who were arrested during 2021
reached (184), while the Israeli occupation authorities continue to detain 37
Palestinian female prisoners in inhuman and cruel conditions of detention, in
which they are deprived of their basic rights such as health care, water and
food, in addition to being subjected to torture and degrading treatment.
The arrest of children:
The Israeli occupation
authorities continued their arbitrary policies
and perpetrated grave violations against
children, including their continued arrest and
detention, where the number of children
arrested during 2021 reached about (1300),
while the occupation state continues to detain
about (160) children, in clear violation of the
provisions of the Convention on the Rights of
the Child and the Fourth Geneva Convention
regarding the protection of civilians in time of
war of 1949.
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The policy of medical negligence:
2021 was the year of abuse and
oppression of Palestinian detainees, where they suffer from the continuation
of the policy of medical negligence, and the escalation of medical risks after
the spread of the Coronavirus (Covid 19), especially with the continued
overcrowding in Israeli prisons. The number of sick detainees has reached
nearly (600), including (4) with cancer, and at least (14) detainees with
tumors of varying degrees.
Administrative Detention Policy:
In 2021, the occupation authorities issued
1,595 administrative detention orders, the majority of which were issued
against former detainees who spent years in the occupation prisons, while the
number of administrative detainees in the Israeli occupation prisons reached
more than (500) prisoners without charge, some of them have spent more
than 10 separate years in Israeli prisons, where nearly 60 detainees
went on strike to protest the continued crimes of
administrative detention against them.
The policy of holding on to the Bodies of
deceased detainees:
The Israeli occupation forces
are still continuing the policy of holding on to the
bodies of martyrs, including the detainees, as they
are still holding the bodies of (8) detainees who died
inside prisons, namely: Anis Doula, Aziz Ewaisat,
Fares Baroud, Nassar Taqatqa, Bassam al-Sayeh,
Saadi al-Gharabli, Kamal Abu Waer and Sami al-
Amour.
The policy of torture of prisoners:
2021 did not
differ from the last ten years in the forms of abuse, such as arrest,
psychological and physical torture, and restrictions on detainees in prisons,
by confiscating their legal status as prisoners of war, and treating them as
violators and perpetrators of illegal and terrorist acts, and depriving them of
their basic and human rights stipulated in international conventions and
covenants.
Detainees sentenced to life imprisonment:
The number of prisoners
sentenced to life imprisonment reached (547), and the highest sentence was
the prisoner Abdullah Al-Barghouti, who was sentenced to (67) life
sentences.
Banishing citizens from Jerusalem:
During 2021, there were (591)
banishing cases, (357) from Al-Aqsa Mosque (110) from old Jerusalem, (31)
from the city of Jerusalem and (11) prevented from entering West Bank
cities.
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Fourth: The crimes of land grabbing and colonial settlement expansion in
Jerusalem and the West Bank:
2021 was the worst in terms of settlement expansion, the high frequency of
forcible confiscation of land and property in the cities of the West Bank and
occupied Jerusalem, which according to civil and international human rights
organizations, the occupation has confiscated 45% of the total area of the
West Bank and occupied Jerusalem, in
a described and full-fledged war
crime in accordance with the
provisions established under the
rules of international
humanitarian law, foremost of
which is the Geneva
Convention of 1949.
The data indicate a high rate of forcible confiscation of land and property in
favor of the implementation of settlement projects and an increase in the
demolition of homes and private facilities, including the expansion of
settlement outposts. In 2021, the Israeli occupation authorities deposited 113
settlement plans in 62 Israeli settlements to build more than 17,000 settlement
units on an area of more than 13,000 dunums of occupied Palestinian land,
where the Israeli settlement plans specifically targeted the Israeli settlements
in the Jerusalem governorate (inside and outside the Jerusalem municipal
boundaries that were drawn illegally and unilaterally in 1967) on an area of
more than 6,300 dunums of Palestinian lands, which is the most affected
governorate among the Palestinian governorates in terms of lands that will be
seized for this purpose, followed by Ramallah governorate with 2,082
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dunums of Palestinian lands that will be seized for the purposes of settlement
construction, then Bethlehem governorate with an area of 1,582 dunums of
Palestinian lands belonging to the villages of Nahalin, Al Walaja, Al Khader,
Artas, Beit Sakarya, Kisan, and the cities of Bethlehem and Beit Jala for the
purpose of implementing a number of settlement plans in Beitar Illit, Efrat,
Neve Daniel and Alon Shevut, located in what is known as the Gush Etzion
settlement bloc, in addition to other settlement plans in the settlements of
Gilo, Har Homa and Givat Hamatos, north of Bethlehem.
The Israeli occupation has exploited the classification of lands according to
the Oslo Accords (A, B, C) to tighten control over the Palestinians’ lands,
especially in the classified areas (C), which are completely under the Israeli
occupation’s control over security, planning and construction, where the
Israeli occupation directly exploits 76% of the total area classified C, of
which the colonial regional councils’ control about 63%. While the areas
confiscated for the purposes of military bases and military training sites
represent about 18% of the area of the West Bank, in addition to the
annexation and expansion wall, which isolated more than 10% of the area of
the West Bank, and more than 219 Palestinian communities were affected by
the construction of the wall, as the data indicate the presence of about 2,700
isolated facilities between the wall and the Green Line, about 5,300 facilities
affected by the wall’s construction, in addition to about 35,000 families, not
to mention the presence of about 67,000 Palestinians in isolated buildings
between the wall and the Green Line, which deprives Palestinians of access to
their lands.
Fifth: Attacks by Israeli settlers:
The number of settlers in the West Bank
has reached nearly 913,000, and the
attacks of Israeli settlers in the
occupied West Bank, guarded by the
Israeli occupation army, recorded
unprecedented numbers in 2021,
especially since these attacks targeted
all aspects of life and were not only
limited to land and property, but took
another curve by committing bloody
attacks against Palestinian civilians,
where 2021 recorded more than 900
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attacks by settler groups, targeting lands, properties, livestock and agricultural
wealth, and even Palestinian civilians, causing heavy losses, and the attacks were
distributed among the different governorates, where the governorates of Nablus,
Jerusalem and Hebron witnessed the most attacks, respectively, with 233, 194 and
170 attacks, including attacks on civilians and storming archaeological, historical
and religious sites.
Sixth: The policy of forced displacement and demolition of Palestinian civilian
homes:
In 2021, the Israeli occupation
demolished and destroyed hundreds of
buildings and issued orders to demolish
and stop construction for hundreds of
others owned by the Palestinians,
where the occupation authorities put
obstacles and impediments to the
issuance of building permits to the
Palestinians, while the percentage of
demolished homes during 2021 reached
about 300 Palestinian homes in the
occupied West Bank, including East
Jerusalem, mostly concentrated in the
governorates of Jerusalem, Tubas and
Hebron, with 89, 73 and 39 homes/houses respectively. The number of facilities that
were also targeted, regardless of their type, reached more than 450 facilities, most
of which were concentrated in the governorates of Jerusalem, Hebron and Tubas.
The Israeli authorities carried out most of the demolitions under the pretext of
unauthorized construction (in particular in the occupied city of Jerusalem and areas
subject to classification “C”) as well as under the pretext of security reasons, such
as demolishing homes belonging to Palestinians whose owners Israel claims to carry
out “anti-Israel operations.” As a result, (595) Palestinians were displaced,
including (320) children, which represents an increase of 50% compared to last
year, and the data indicate that since 2000, about 2,500 buildings have been
demolished in East Jerusalem.
The occupation continues to implement the policy of forced displacement of
Jerusalemites, where there are approximately 140,000 Jerusalemites, living
outside the so-called "Jerusalem municipality" borders, amid fears that their
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residency in the city will be revoked, and there are (100) Palestinian families
at risk of forced displacement after the Israeli occupation authorities’ decision
to demolish dozens of houses in Batten-Alhawa neighborhood in Silwan, with
the aim of turning the area into a settlement outpost.
The data indicate an increase in the
frequency of self-demolitions of
homes since 2006, when the
occupation authorities forced
about 460 citizens to demolish
their homes with their own hands,
under false pretexts. Noting that
there are many cases of self-
demolition, the residents do not
inform the media, human rights
institutions and civil society
organizations about them under
threat from the occupation
authorities, and although the
Palestinians constitute only 30%
of the population in occupied
Jerusalem, they pay about 40% of
the value of the taxes collected by the occupation municipality, and in return,
the municipality spends only 8% on the services it provides to them, within
the framework of the policy of racial discrimination practiced by the
occupation against them.
The number of Palestinian facilities confiscated by the Israeli occupation
authorities since the beginning of 2021 has reached about (311), either
without warning, or by giving the owners a short-term deadline, using many
military orders that prevent people from being able to object in advance to the
decision.
The occupation authorities are still placing obstacles to tighten and restrict
urban expansion, where the occupation authorities are still preventing
Jerusalemites from building and refusing to grant them licenses to build or
expand their homes, while ordering the construction of thousands of
settlement units, the expansion of existing settlements, and the construction
of bypass roads around them and linking them together.
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Seventh: With regard to the situation of Palestinian refugees:
The Palestinian refugees are still suffering a lot,
especially in the Gaza Strip and the refugee camps
in Lebanon and Syria, where until the moment,
general poverty rates still reach 73%, among
refugees, especially in Lebanon, and the
youth group is considered the most affected
group by poverty in the refugee community,
where about 74% of adolescents live below
the poverty line.
The unemployment rate among
Palestinians in the Gaza Strip is 65%, while
the rate in Lebanon has reached 76% of the
refugee camp community. The
unemployment rate among Palestinians from
Syria is still alarming, as it reached 71.5%, and
about 80% of the labor force among
Palestinians in Lebanon works either as
freelancers or as wage earners, and that the main
source of income for Palestinians in Lebanon is
self-employment at 41%, followed by wage work at 37.8%, and UNRWA
assistance through the social safety net program at 33.5%.
In addition, about 78% of Palestinian families in Lebanon suffer from
humidity, 62% of homes suffer from water leakage, 52% suffer from poor
ventilation and 55.2% from very poor lighting.
Eighth: With regard to UNRWA:
The right-wing occupation government, with direct support from the United
States of America, escalated campaigns targeting UNRWA, as part of its
relentless efforts to liquidate and undermine the work of this organization,
which is the last witness to the 1948 Nakba and the tragedies that followed.
2021 witnessed the signing of the “Framework Agreement” between the
United Nations Relief and Works Agency for Palestine Refugees "UNRWA"
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and the United States of America. This
agreement includes stopping UNRWA's
assistance to every refugee who
participates in any work that the
occupation and the United States
classified as "terrorism". As well as
monitoring the Palestinian curriculum
and deleting any content that does not
fit the point of view of the occupation,
including monitoring and scrutiny of
UNRWA employees and all
institutions. This was rejected
nationally because of the great dangers
it poses to the issue of Palestinian
refugees, their future, and the Palestinian national struggle as a whole.
Despite the approval of 164 member states of the United Nations in favor of a
decision to extend the mandate of the United Nations Relief and Works
Agency for Palestine Refugees “UNRWA” until June 30, 2023; However, the
financial crisis remains unsolved. This made UNRWA unable to pay the
salaries of its employees, as well as taking measures to reduce the volume of
services provided to the refugee community. This coincided with the
emergency conditions that accompanied the spread of the Coronavirus, and
the high indicators of poverty and unemployment, which caused a
catastrophic and unprecedented crisis at the level of Palestinian refugees in
the areas under the influence of the UNRWA.
Ninth: With regard to the water crisis:
During the past year, the unjust Israeli control of approximately 85% of the
Palestinian natural resources, especially water continued, where about 97% of the
water in the Gaza Strip is unfit for human consumption according to the standards
of the World Health Organization; Also, according to the indicators, the majority of
Palestinians inside the occupied territories (Gaza Strip, West Bank and Jerusalem)
do not have access to safe and potable water. The reason for this is due to the
practices of the occupation that controls water resources in an unjust and arbitrary
way, in addition to its constant endeavor to drain the water of the Palestinian
underground water, in addition to increasing the amount of water extracted by more
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than the sustainable capacity of the basin, which amounts to only 50-60 million
cubic meters, which led to its pollution with Sea.
Not to mention that the Israeli occupation has deprived the Palestinians of using
their right to the waters of the Jordan River since 1967, which is estimated at 250
million cubic meters annually. In addition to imposing restrictions on water
desalination equipment and technologies, especially in the Gaza Strip, all this
exacerbates the crisis of water suitable for human use.
Tenth: The Electricity Crisis:
The crisis of power outages continued during 2021
in some areas of the West Bank, while the crisis
extended in the Gaza Strip and has continued
for 16 years, and during the last aggression in
May 2021, the hours of cuts reached about
16 continuous hours, as a result of the
military occupation’s targeting of
transformers and feeding lines, closing the
Kerem Shalom crossing and preventing the
entry of fuel to the only power plant in the
Strip, and the catastrophic repercussions of
this on the overall human rights situation,
and the chapters of the crisis continue to have
repercussions on service sectors and citizens
in the Gaza Strip.
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Section II
Internal violations during 2021
2021has witnessed the worst chapters of violations committed by Palestinians,
which were accompanied by the continued deliberate deprivation of the Palestinian
citizen from exercising his right to choose his representatives, where the end of
2021 witnessed a further serious regression of rights and public freedoms, as the
executive authority assault on the judiciary by amending the Judicial Authority
Law, to undermine the judicial facility and demolish the constitutional principles
protecting the principle of separation of powers and respect for the rule of law,
which were emphasized in the Declaration of Independence and the Palestinian
Basic Law, which makes the three authorities after the disruption and dissolution of
the Legislative Council under the control and guardianship of the executive
authority, and the complete absence of the Palestine Liberation Organization with
all its components and institutions, which establishes a totalitarian, undemocratic
security system that concentrates all powers in the hands of the executive authority
without oversight or accountability, contrary to the principles of constitution and the
values of integrity, transparency and good governance.
Since the beginning of 2021, with
the issuance of the decree to hold
general legislative and presidential
elections, and the decree releasing
public liberties despite its lack of
legal value, hope did not take
long, until it was abolished, and
the security services were
unleashed, with political cover,
to practice arbitrary arrests on
political backgrounds and
exercise freedom of opinion and
expression, which witnessed the
arrest of many political activists,
opinion activists, and liberated
detainees, including candidates
for electoral lists. These
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violations culminated in the killing of political activist and candidate on the
Freedom and Dignity List Nizar Banat, and the accompanying dangerous decline in
the state of rights and freedoms and the assault on them; by denying the right to
peaceful assembly, and suppressing freedom of opinion and expression,
undermining the freedom of the press and publishing, assaulting participants in it by
beating them in the streets, using excessive force, confiscating mobile phones and
publishing their contents in violation of the right to privacy, specifically for girls,
and violating the freedom of Presswork by attacking journalists and confiscating
their journalistic work equipment, in violation of the Basic Law and the regulating
legislation, in a grave denial of all rights contained in the basic human rights treaties
to which the State of Palestine acceded.
First: Postponing the General Elections:
The President of the Palestinian
Authority has issued a decree to postpone and cancel the Palestinian general
elections, one day before the start of the electoral campaign stage. This reflects the
authority’s desire to continue the exclusivity approach, which was enshrined
through the dissolution of the Legislative Council and the issuance of dozens of
unnecessary decree-laws, and dominating the judiciary, the continuation of the
Palestinian Authority’s policy of repression through its security services, which
showed its slide towards tyranny and authoritarianism as a result of exclusivity in
government, the hijacking of state institutions for the benefit of influential
individuals, the narrowing of the workspaces of civil society institutions, the
confiscation of freedom of opinion, expression, organization and assembly, in a
grave violation of the provisions of the Palestinian Basic Law, a coup against the
texts of the Declaration of Independence, a violation of Palestinian law and
legislation, a denial of international agreements on human rights, and weakening the
internal situation in the face of internal and external challenges.
Second: The assassination of the political activist Nizar Banat:
2021 witnessed
the commission of a heinous crime, represented in the assassination of the activist
and political opponent “Nizar Banat” by members of the
security services in civilian clothes, and the procrastination
continued in the course of holding the killers accountable,
such as the refusal to form an independent national
committee to investigate, and later threatening the
witnesses and the repeated postponements of the court,
despite the human rights and patriotic voices calling for
justice and compensation for his family, in line with the
provisions of the relevant national laws.
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Third: The practice of arbitrary arrests on the basis of opinion:
There was a
noticeable increase in violations of freedom of opinion and expression, especially in
the West Bank, where the number of arbitrary arrests on the basis of political
affiliation and freedom of opinion reached more than (200) cases in the West Bank,
while the attacks on journalists amounted to (210) violations, distributed between
(201) violations in the West Bank and (9) in the Gaza Strip. The previous data show
the existence of an official policy to undermine the freedom of the press,
publication and expression of opinion, whether by arresting or attacking journalists
and activists, in addition to implicating the judiciary in the West Bank in extending
the detention of dozens of citizens and human rights and anti-corruption activists,
despite the clear indications that the arrest was against the background of exercising
their guaranteed freedoms, especially freedom of opinion and expression, and
peaceful assembly. Noting that a number of detainees have reported being beaten
and ill-treated, and their right to fair trial guarantees was not respected.
Fourth: Violation of the Right to Peaceful
Assembly:
The security services
committed a series of violations of
the right to peaceful assembly,
which constitute a clear violation
of the text and spirit of the Basic
Law and the Law of Public
Meetings, whether by prohibiting
peaceful assemblies, or attacks on
participants in peaceful
assemblies, the most serious of
which was in the West Bank on
protesters over the killing of
political activist Nizar Banat,
whose assassination led to the
outbreak of a wave of protests in
more than one city in the West
Bank, calling for accountability
for the perpetrators and raising
slogans calling for the reform of
the political system and the
holding of general elections in which the forces and elements of the Palestinian
Authority used repressive means and violently beat the protesters with the help of
individuals in civilian clothes, in addition to attacking journalists, lawyers and
human rights defenders despite their wearing evidence of their profession.
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Fifth: Continuing the crime of collective punishment on the Gaza Strip:
The
collective punishment imposed by the presidency and the Palestinian government
against the employees and citizens of the Gaza Strip continued, which negatively
affected all aspects of life and vital sectors, as well as the employees and their
families, where the files of forced and financial retirement, the 2005 security
employees, and the adoption of the martyrs of the Israeli aggression after the
aggression of 2008-2009 are still pending, and the issues of cutting salaries and the
allocations of some families of the martyrs, the wounded and the liberated detainees
in the Strip.
Sixth: The state of emergency continued,
as President Mahmoud Abbas insisted
on extending the state of emergency without any legal justification, the latest of
which was the announcement of the extension of the state of emergency in the
country for thirty days, on December 28, 2021.
Seventh: Disclaiming humanitarian obligations and violation of the rights of
vulnerable groups:
The Palestinian government in Ramallah continues the policy
of disclaiming its obligations towards poor families in the West Bank and the Gaza
Strip, by not disbursing financial allocations to families benefiting from the
remittance program.
Eighth: The policy of using the judiciary as a means to circumvent the
jurisdiction of the courts continued,
in the context of restricting the freedoms of
citizens, including political and human rights activists. This was due to a series of
presidential decrees that intervened in the judicial formation in terms of controlling
it, and the manifestations of denial of justice continued during 2021 by refraining
from respecting the legal value of court rulings, especially in rulings related to the
public service.
Ninth: Security chaos:
In 2021, the pace of violence and security chaos escalated,
especially in the cities of the West Bank, which endangers civil and community
peace and the prestige of the law. The violence escalated against the background of
family and personal quarrels, which resulted in the killing and wounding of a
number of citizens, where the murders amounted to (44) crimes, followed by
quarrels that damaged some private properties in different areas in the West Bank
and Gaza Strip, especially since some of these quarrels involved the use of firearms,
as the percentage of quarrels and domestic violence increased by 11.5% since the
beginning of 2021.
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Tenth: Violations of the Right to Form Associations:
2021 witnessed the
amendment of the Law of Charitable Societies and Civil Organizations No. (1) of
2000 and its amendments on 03/02/2021, which is a flagrant violation of the
Palestinian Basic Law (the Constitution), especially Article (43) and international
agreements to which the State of Palestine acceded without reservations, especially
the International Covenant on Civil and Political Rights and international standards
related to the fundamental right to freedom of association. In addition, the policy of
freezing the accounts of civil and charitable organizations and associations
operating in the Gaza Strip continued, depriving thousands of Palestinians from
exercising their rights to form and join civil charitable associations.
Eleventh: With regard to execution cases:
(19)
death sentences were issued, including (15)
judgments from the Court of First Instance, (7)
judgments issued by military courts against
civilians, and four judgments from the courts of
appeal and cassation. This is in contrast to the
obligations attached to the accession of the State
of Palestine to the Second Optional Protocol to
the International Covenant on Civil and Political
Rights of 1989, regarding the abolition of the
death penalty.
Twelfth: Imposing taxes and levying:
The Ministry of National Economy
continued to implement decisions that demonstrate the existence of a focused
approach to maximizing levying and taxes despite the deteriorating economic
conditions, on citizens who complain about the increase in the volume of taxes and
fees prescribed for transactions, goods and services, and part of them without
reference to any of the texts Legal as Article 88 of the Basic Law states: “Public
taxes and duties shall be imposed, amended and repealed only by law. No one may
be totally or partially exempted, except in circumstances prescribed by law.
Thirteenth: With regard to the right of access to information:
The withholding
of information related to the financial revenues and expenditures of the official
authorities in the Gaza Strip continued, and this was accompanied by the continued
inability of the executive authorities to secure the requirements for a decent living,
in addition to the failure to develop a national policy to alleviate poverty and
unemployment and develop services provided to citizens, despite the government
agencies providing some facilities and exemptions on some fees and taxes.
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Fourteenth: Status of Women and Gender-Based Violence:
In 2021 the
phenomenon of gender-based violence continued to escalate against women, in
addition to the fact that women’s conditions continued without significant
development in terms of their political, economic and social participation, while 22
women were killed during 2021 in the West Bank and Gaza, according to statistics
issued by the Women’s Center for Legal and Social Guidance, about 12 women
were killed inside the occupied territories, due to the lack of legal legislation as a
tool to combat violence against women, which is one of Palestine's obligations after
its ratification of the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW) 1979.
Fifteenth: Conditions and Rights of Youth:
2021 was the worst year par excellence,
especially in light of the continuation of
the siege and aggression, the disruption
of reconciliation, including the
continuation of the repercussions of the
Corona pandemic, the postponement of
elections and the absence of official
policies to protect their rights, which
led to the growth of indicators of
poverty and unemployment and a
decline in indicators of political and
social participation, which reinforced
the manifestations of despair, frustration,
negativity and lack of hope in the future
for a large segment of young people and
prompted some of them to emigrate
through death boats, the price of which was
the loss of many lives.
Sixteenth: Status and Rights of Persons with Disabilities:
According to the data
of the Palestinian Central Bureau of Statistics, persons with disabilities in Palestine
constitute 2.1% of the total population, distributed at 48% in the West Bank and
52% in the Gaza Strip. The suffering of this segment continues due to the crimes of
the occupation, as the Israeli occupation forces killed during 2021 (4) persons with
disabilities, of whom (3) were killed during the military aggression on the Gaza
Strip in May 2021, while another citizen with disabilities was killed at Qalandia
checkpoint, also (10) houses of persons with disabilities were exposed to the total
and partial destruction.
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Seventeenth: Conditions of Children:
The number of children under 18 until 2021
in the State of Palestine reached about 2.31 million, among them are 1.18 million
males, and 1.13 million females. Thus, the percentage of children in Palestine
constitutes about 44.2% of the total population (42.0% in the West Bank and 47.5%
in the Gaza Strip). During the previous year, the occupation forces committed war
crimes against children that led to the death of 77 children in the occupied
Palestinian territories, 16 of them in the West Bank, including Jerusalem, and the
rest in the Gaza Strip, while the occupation authorities continue to detain about 160
children deprived of their childhood in its prisons, in addition to their exposure to
violations during detention, in violation of the rules of international law and the
Convention on the Rights of the Child. Palestinian children are still paying a price
whose effects are difficult to enumerate due to the
continuing crimes of the occupation and the attacks
of settlers. Medical studies and research indicate
that 45% of Palestinian children in the Gaza
Strip suffer from malnutrition and anemia, as
a result of the poverty of their unemployed
families due to the siege and their inability to
provide balanced food. In addition to the fact
that one-third of the victims of the
occupation’s deprivation of the right of
patients to travel abroad for treatment are
children, and the percentage of children who
suffer severe psychological trauma rose due to
the crimes of the occupation and the repeated
scenes of death resulting from Israeli military
operations, and the manifestations of violence
directed against children continued, the high rates
of child labor, beggary, the absence of official
attention to respond to the needs of the child and the protection of their rights, and
the absence of a national policy to protect the rights of the child, including
harmonizing Palestinian legislation with the Convention on the Rights of the Child
and issuing an executive regulation for the law.
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Conclusion:
ICSPR extends its warmest blessings to the peoples of the world and to all countries
that have supported the Palestinian people’s right to self-
determination and the establishment
of their independent state with
Jerusalem as its capital, and calls to
consider the year 2022 as the year
of achieving national unity,
rebuilding the Palestinian political
system according to a new social
contract, based on democratic and
participatory foundations, and
holding presidential, legislative,
National Council, and local
elections in a way that enhances
opportunities for reconsideration
of the separation of powers and
the independence of the judiciary
and ensures the protection of
human rights. ICSPR and on
behalf of all those displaced from
their homes in refugee camps,
imprisoned in the prisons of the
Israeli occupation, the sighs of the
wounded, and those who dream of self-determination and the building of an
independent Palestinian state with Jerusalem as its capital, and in the name of all
those who seek a morning that does not shine with injustice demands the following:
ICSPR
calls on the United Nations and the international community to carry
out its responsibility in enforcing its resolutions that guarantee the right of the
Palestinian people to self-determination, including resolutions that affirm the
illegality of occupation, settlements, and sieges, and the illegality of any
amendments to the special status of the city of Jerusalem, and work hard to
activate the procedures stipulated in Chapter VI and VII of the Charter of the
United Nations, to ensure the cessation of colonial control over the
Palestinian people and the violation of their basic and inalienable rights.
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ICSPR
calls on the High Contracting Parties to the Geneva Conventions, to
provide international protection for the Palestinian people, to put an end to
the immunity of the occupation state, and to hold perpetrators of war crimes
and crimes against humanity accountable before the International Criminal
Court.
ICSPR
calls on the Office of the Prosecutor of
the International Criminal Court to expedite the
conduct of the ongoing investigations to ensure
the effectiveness of the Court in prosecuting
the perpetrators of the crimes described in the
Rome Statute committed against the Palestinian
people.
ICSPR
calls on the League of Arab States and
the Organization of Islamic Cooperation to
transform the decisions of the Arab and Islamic
summits into practical measures to support the
steadfastness of the Palestinians under
occupation, and to support Palestinian and
Palestinian rights, including stopping Arab normalization with the Israeli
occupation.
ICSPR
calls on the Palestinian leadership to internationalize the conflict with
the occupation state, maximize the popular, diplomatic and legal clash with
the occupation state, adopt the boycott movement and impose sanctions, and
activate the paths of holding the occupation leaders accountable as war
criminals and seek international protection.
ICSPR
calls for activating campaigns of solidarity with our Palestinian
people and boycotting and isolating the Israeli occupation politically,
economically, culturally and academically, including keenness to invest the
energies of the Palestinian communities in expanding networks of solidarity
and boycott and defending the rights of the Palestinian people to freedom,
return and self-determination.
ICSPR
demands the transfer of the political function
of the authority to the PLO in a way that ensures the
activation of the role of Palestinian diplomacy at
the regional, Islamic and international levels in
exposing and following up on the crimes and
violations of the occupation, and mobilizing Arab
and international positions to protect Palestinian
rights and end the Israeli occupation.
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ICSPR holds the head of the executive authority and the government
nationally and legally responsible for the serious violations and the
continuation of sanctions against the Gaza Strip and the rest of the attacks
against citizens/committed by the security services.
ICSPR calls for activating the principle of accountability and opening serious
criminal investigations into all violations of the rights of citizens protected
and guaranteed in the Basic Law, to achieve justice and ensure that the killers
of activist Nizar Banat are held accountable to ensure that remedies are
achieved for the victims.
ICSPR
calls on the institutions of the presidency and the Palestinian
government to issue an immediate decree to hold the presidential and
legislative general elections, and to set their dates no later than the end of this
year, and to develop appropriate solutions to ensure that they are held in the
city of Jerusalem and the participation of Jerusalemites, and that their conduct
is not subject to the approval of the occupation, which restores hope for the
young generation, enhances the right to political participation, paves the way
for restoring unity and ending division, and establishes a comprehensive
national dialogue in a way that rebuilds the Palestine Liberation Organization
and the effectiveness of its institutions, and strengthens the internal front in
the face of the dangers facing the national cause.
ICSPR
calls on the President and the
government to stop the collective
sanctions on the Gaza Strip, and the
policy of discrimination on a
geographical basis against the
employees of the citizens of the Gaza
Strip, and to address the realistic
effects that it generates in line with
national and international law. It also
calls on government agencies in Gaza
to actively intervene and work to
improve the living and economic
conditions of the residents of the
Gaza Strip through the
implementation of real plans that
respond to strengthening the
steadfastness of the citizens.
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ICSPR
calls for the need to work to accelerate the reconstruction process and
improve the living environment of the residents of the Gaza Strip by opening
the crossings.
ICSPR
calls on the competent authorities in the Gaza Strip and the West
Bank to develop an integrated government policy in order to ensure the
effectiveness of guarantees of public and personal freedoms in accordance
with the principles of international human rights law and to stop any
campaigns of political or arbitrary arrests, including the policy of political
summons, and to exercise control over the performance of places of
detention, investigate violations, hold perpetrators accountable, and work to
enhance citizens’ confidence in national complaints tools by giving them a
preventive and oversight role in order to ensure that their work is consistent
with international standards.
ICSPR
calls on political forces and
civil society organizations
to play their national and
societal role in this
dangerous stage that our
society is going
through, take the
required courageous
stances, activate their
societal presence, take
initiatives to protect
and promote rights and
freedoms, stand in the
face of their violation,
and assume their
responsibilities.
ICSPR
urges the
forces and components
of our people to build a
national strategy to
address the threats to
the Palestinian cause
and rights, reform and
activate the institutions of the Palestinian political system, and find a solution
to the repercussions of internal violations by developing a national system or
program for transitional justice, drawing inspiration from the positives of
Arab and international experiences.
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Finally,
ICSPR stresses the need to move forward during
2022 by all parties in order to ensure agreeing on a national
program and strategy based on the internationalization of the conflict with the Israeli
occupation, maximizing the diplomatic, popular and legal political engagement
against the Israeli occupation, and activating the process of accountability of the
occupation leaders and isolating the Israeli occupation, strengthening the boycott
movement, rebuilding and activating the institutions of the Palestinian political system
by restoring Palestinian reconciliation and holding presidential and legislative
elections. And until the completion of the above, it calls to neutralize services and the
rights of public servants from political rivalries, strengthening people’s steadfastness,
and enhancing transparency, accountability and national and community participation,
to ensure addressing the policies and crimes of the Israeli occupation.
ICSPR