ACRI is
leading human and civil rights organization and the only one addressing
all rights and liberties issues. It was founded in 1972, is independent
and nonpartisan, and leads the struggle for these issues in
through litigation, legal advocacy, education, and public outreach.
ACRI also believes that civil and human rights are universal. They must
be “an integral part of democratic community building and….a unifying
force in Israeli public life” for everyone, especially those most
marginalized, disadvantaged and currently persecuted or neglected.
ACRI
evaluates the state of human rights annually, and it’s latest report
coincided with the December 10, 2007 International Human Rights Day.
Its purpose is to cite flagrant violations; note positive trends and
developments, if any; and “trace significant human rights-related
processes (affecting) Israeli citizens and residents.” Reports rely on
various information sources: government publications, NGO reports,
newspaper and other published materials, parliamentary documents and
court litigation.
Human
rights violations directly result from government policies, actions and
inactions, and ACRI’s report is gloomy. It found the Israeli government
derelict for having allowed the “blanket” of rights it’s supposed to
ensure for Arabs and Jews to erode. As a result, rights violations
grow, more people are affected, and those harmed most are on society’s
fringes. ACRI’s report is comprehensive and documents them in areas of:
— health;
— workers’ rights;
— the state of Arab Israelis;
— education in Sderot;
— migrant worker rights;
— citizenship and residency status;
—
human rights in occupied Palestine, highlighting neglect and
discrimination in Arab East Jerusalem, Hebron, and the “unrecognized”
Negev Bedouins;
— freedom of expression;
— the right to privacy;
— criminal justice; and
— the overall destabilization and erosion of democracy in the country.
ACRI’s
evidence is disturbing and compelling, yet it’s appalled by the Israeli
public’s indifference. It aims to change this by publicizing its
findings so those in government, the media and general population know
them and will react to reverse an ugly and damaging trend. Growing numbers of people worldwide know how
Health Care in
1994 National Health Insurance Law has noble guarantees – quality
health services for every Israeli resident in accordance with justice,
equality and mutual support principles. Ever since, however, Israeli
governments violated their obligation, and unequal access has
increased. It’s characterized by inadequate funding, privatized health
services, a steady erosion in the extent and quality of services
provided, and the crowding out of access for the poor and many in the
middle class. Defunding public health means private insurance is as
essential as it is in the
The result is two health systems differing markedly in quality – one
for the well-off and another for everyone else, including many in the
middle class.
ACRI finds it disturbing. The trend undermines
social contract with its citizens, violates basic rights, and reneges
on the state’s duty under the International Covenant of Economic,
Social and Cultural Rights. ACRI focuses on the problem with special
emphasis on a growing hospital crisis, the need for expensive
supplemental insurance, and how various population groups cope
inadequately under very limited and expensive health service access.
In
recent years, budgets have been cut, and the trend continued in 2007.
The Ministry of Health’s per capita allocation is 14% lower than in
2001, and the Ministry’s development budget is 43% lower. Public
hospitals have been hardest hit, patient access to quality health care
has eroded, and medical personnel are understaffed and aren’t able to
provide the best care possible.
The Israel Medical Association January 2007 data highlight the crisis:
—
the hospital beds/population ratio has declined; it was 3.27 per 1000
persons in 1970; a year ago it touched 1.94, the lowest figure among
western countries;
—
the approved number of beds hasn’t increased, the need for them has,
and it’s been met by adding “non-approved” beds that comprise up to 30%
of the total in hospital internal medicine units (IMUs); the result is
growing overcrowding and medical staff unable to cope;
—
on routine days, average hospital occupancy is 100% compared to 85% in
the West; in IMUs it reached 130% and in pediatric units 112%; and
—
overcrowding and underfunding force early patient releases before
they’re ready to go; they also contribute to the spread of infections,
viruses and diseases and require doctors and medical staff to be
responsible for a growing number of patients, more than they can
adequately handle.
Ever since the 1994 National Health Insurance Law passed, health services have eroded in violation of its guarantee. The
advocates for policy changes favoring disadvantaged Israelis. It
tallied the damage through last year and found a 44% decline in health
service funding with gaps made up for by supplemental insurance. Over
70% of the public have it while the rest rely solely on dwindling
national health services that often fail to deliver.
Most
disadvantaged Israelis lack supplemental insurance: one-third are age
65 or older; 53% are Israeli Arabs; 42% are Jews of Russian origin;
while 11% are from the Hebrew-speaking community. A 2007 Physicians for
Human Rights report describes how various population groups are
disadvantaged. Those furthest removed from
social center got poorest access. They include: low wage earners;
“unrecognized” Negev Bedouins; East Jerusalem Palestinians; Israelis
married to Occupied Territory Palestinians; prisoners; Palestinian
spouses of Israeli Arabs; migrant workers; refugees and asylum-seekers;
and victims of human trafficking. In total, these groups comprise about
1.25 million men and women.
Income
alone is a hugely limiting factor, and two studies document it. A 2005
Brookdale Institute one showed that 15% of Israelis forego some
medications. Among low wage earners, the figure was 23%. A 2006 Israel
Medical Association survey of Israeli Jews found 23% of them abstain
from some form of treatment or essential medication with income and
family size the main limiting factors. The same survey reported that
56% of Israeli Jews fear they’ll be unable to afford needed medication
because of cost, and it estimated that the situation for Israeli Arabs
is far worse.
The situation is most acute in peripheral areas, especially in southern
that’s populated by Bedouin Arabs and new immigrants. Here,
socioeconomic status is lowest and so is access to health services that
are far below what’s available in Central Israeli cities like Tel Aviv
and
fewer hospital beds, inadequate specialized equipment, fewer
specialists, and waiting periods for appointments can take weeks. In
addition, for more complicated cases, patients are at risk. Hospitals
can only provide preliminary exams, patients must incur time and
expense to get to where proper treatment is available, and it can be
touch and go in life-threatening cases.
ACRI
believes that distributive justice demands that the state provide local
health services where they’re lacking so all Israelis get equal access
to it. That will require funding boosts not now available or planned.
Worker Rights and the Unemployed
Subcontracted employment is a growing trend in
the practice exploits workers, labor laws are violated, and human
rights organizations are taking note. On average, subcontract wages are
60% of standard, few or no benefits are gotten, and worker rights are
routinely violated. Most common abuses include: wages below minimum,
illegal overtime without pay, firings without severance, social
benefits withheld, leave time disallowed or no pay while on leave,
lower pay because of illegal deductions and fines, and organizing
efforts crushed.
The
situation is deplorable, organizations like ACRI are addressing it, and
the government tops their target list. It’s the country’s largest
subcontract employer and the body responsible for making and enforcing
the law. Progress for reforms show promise:
—
in March 2007, the Ministry of Finance’s General Accountant, Yaron
Zelekha, directed government ministries to assure that subcontract
bidding includes all social benefits workers are entitled to under
protective labor laws. ACRI called it a “significant breakthrough”
provided they’re enforced; earlier efforts failed because they weren’t;
— the same Ministry now requires subcontract companies to present confirmation they’re complying with employment laws;
—
in June 2007, the Knesset produced a draft bill requiring organizations
using subcontract labor to assure worker rights aren’t violated; and
— the General Accountant also established a minimum price for employing subcontract workers.
Earlier
in 2005, the government established the “Mehalev” program that was
known as the “Wisconsin Plan” where the idea originated. In principle,
it was sound, but in practice it failed. The idea was this – reduce the
number of guaranteed income recipients by integrating them into the job
market and thus provide better opportunities for more pay and benefits.
In fact, the format was unsuitable for many required to enroll, too
little investment went into the program, and bureaucratic obstacles
overwhelmed its administration.
A
June 2007 inter-ministerial report assessed the plan, concluded it
failed, and recommended a new one be established with a menu of
proposed changes. As a result, revisions were made, and a new program
called “Employment Lights” began in August 2007 with performance under
it yet to be assessed.
The Rights of Israeli Arab Citizens
The Palestinian population (excluding refugees) is around 5.3 million. About 3.9 million live in occupied
and another 1.4 million are Israeli citizens comprising 20% of the
population of 7,150,000. They live mainly in three heartlands – the
Galillee in the north, along the “Little Triangle” in the center, and
the
rights afforded Jews even though Israeli Arabs are citizens, have
passports and IDs and can vote in Knesset elections. Even so, they’re
nonpersons, are systematically abused, neglected, and are confined to
2% of the land plus another 1% for agricultural use.
ACRI
assesses the damage that shows up in reports and surveys it reviews.
They reveal a disturbing trend – increasing racism toward and
discrimination against
—
the June 2007 Israel Democracy Institute’s “Democracy Index” reported
disturbing results explained below, and the data are the highest seen
since pre-Oslo;
—
a March 2007 Center Against Racism report showed a 26% rise in racist
incidents against Israeli Arabs in 2006. In addition, an overall
negative trend toward Arabs is growing, including feelings of
discomfort, fear and hatred. Most disturbing is the government’s
attitude and how the media portrays its Arab citizens – stereotypically
negative, threatening and as state enemies. Fear and loathing is then
sown that, in turn, is translated into actions – threats, assaults,
forced separation of Jewish and Arab communities and racist Knesset
legislation;
—
Knesset members (MKs) and public figures want to strengthen the Jewish
character of the state and do it legislatively. For example:
(1)
to make military or national service a prerequisite to vote and get
National insurance benefits; Arabs aren’t required to serve in the
military, they’re not encouraged to do it, few of them do, and Israel’s
Ministry of Defence has discretion under Article 36 of the 1986
National Defence Service Law to exempt all non-Jews;
(2) to require MKs and ministers to declare their allegiance to the State of Israel as a “Jewish and Democratic State;” and
(3)
a 2007 draft bill declaring that Jewish National Fund (JNF) land (about
13% of state lands) should only be for Jews; the bill passed its
“preliminary reading” by 64 to 16. In actuality, the government owns
about 80% of Israeli land, the JNF another 13%, and Jews and Arabs the
rest. The Israel Land Administration (ILA) administers all government
and JNF land, controls who gets access to it, and pretty much assures
that Arabs can’t buy Israeli land.
These
and other measures reveal a disturbing pattern – state-sponsored racism
against Israeli Palestinians. They’re routinely victimized, punished
for being Arabs, and denied equality, dignity, privacy, freedom of
movement and everything afforded Jews. Their freedom of expression was
also challenged after four Arab documents were published with clearly
stated aims – to legislatively mandate equal citizenship rights for all
Israelis (Jews, Muslims, Christians and others). Outrage was the
response because Jews believe these demands threaten state sovereignty.
So do officials like head of General Security Service (GSS), Yuval
Diskin. He called Israeli Arabs a “strategic threat,” and got Attorney
General Menachem Mazuz to agree.
Palestinian
citizens have no say and are disadvantaged in many ways. They’re
routinely denied equal access to public resources in all areas of life,
and ACRI highlights the northern rehabilitation program budget as an
example. Arab villages there are sorely lacking because of government
neglect. Budgeted funds are inadequate, they’re improperly used, Arabs
in the north are marginalized, their needs go unaddressed, and 2008
promises to be worse with planned budget cuts.
It’s
worse still in the south for the Negev Bedouins who comprise half the
area’s 160,000 population. They live in villages called “unrecognized”
because their inhabitants had to flee their homes during Israel’s War
of Independence, couldn’t return when it ended, and are considered
internal refugees and “trespassers” on Jewish land.
These villages were delegitimized by
1965 Planning and Construction Law that established a regulatory
framework and national future development plan. It zoned land for
residential, agriculture and industrial use, forbade unlicensed
construction, banned it on agricultural land, and stipulated where
Israeli Jews and Palestinians could live.
Existing
communities are circumscribed on a map with blue lines around them.
Areas inside can be developed. Those outside cannot. Great latitude is
shown Jewish communities, so new ones are added. In contrast,
Palestinian areas are severely constricted with no allowed room for
expansion. Their land was reclassified as agricultural meaning no new
construction is allowed. It means entire communities are “unrecognized”
and all homes and buildings there are illegal, even the 95% of them
built before the 1965 law passed. They’re subject to demolition and
their inhabitants displaced at
As
a result, no new Palestinian communities are allowed, and existing
“unrecognized villages” are denied essential services like clean
drinking water, electricity, roads, transport, sanitation, education,
healthcare, postal service, telephone connections, refuse removal and
more because under the Planning and Construction Law they’re illegal.
The toll on people is devastating:
— clean water is unavailable almost everywhere unless people have access to well water;
— the few available health services are inadequate;
— many homes have no bathrooms, and no permits are allowed to build them;
— only villages with private generators have electricity that’s barely enough for lighting;
— no village is connected to the main road network,
— some villages are fenced in prohibiting their residents from access to their traditional lands; and
— education is limited, achievement levels are low, and dropout rates high.
It’s
worse still when home demolitions are ordered. It may stipulate
Palestinians must do it themselves or be fined for contempt of court
and face up to a year in prison. They may also have to cover the cost
when Israelis do it under a system of convoluted justice penalizing
Palestinians twice over for being an Arab in a Jewish state.
In
2007, around 200 Bedouin homes were demolished, compared to much lower
numbers in previous years: 23 in 2002, 63 in 2003, 15 in 2005 and 96 in
2006. Most of the homeless are “invisible,” the media hardly covers
them, Jews are largely uninformed, and planned Negev Judaization
assures things will get worse. It’s to be a “A Miracle in the Desert”
with a clearly defined aim – to populate the area with a half million
Jews in the next decade. Plans are for 25 new communities and 100,000
homes on cleared Bedouin land. Unless efforts coalesce to stop them,
the human toll will be horrific.
Various
advocacy organizations are trying, and one is the UN Committee on the
Elimination of all forms of Racial Discrimination. It published its
recommendations in March 2007 that called on
to reconsider its development plans and recognize “the rights of the
Bedouins to own, develop, control and use their communal lands,
territories, and resources….” ACRI calls them a “national, religious,
and cultural(ly) indigenous minority.” Under international law,
is obligated to respect their right to preserve their culture and
provide them adequate housing, education, livelihood and dignity.
Education in
Sderot borders
and has been struck by Palestinian Qassam rockets. ACRI’s study focuses
on protecting schools from them, rather than on the education they
provide. It reported that despite the state’s obligation to defend its
citizens, it’s done it poorly in Sderot,
including for its schools. They were built in the 1970s, have shingled
roofs and lack security rooms. In July 2006, the government adopted the
Home Front Command’s protection plan that called for reinforcing 24 of
the city’s schools. Then after a Parents Committee of Sderot petition
to the High Court of Justice in October, it was announced that
protected space construction would be provided for all preschools and
first through third grade classrooms in the Gaza-border region.
In
May 2007, the Court ruled that the government must provide “full
protection” for all classrooms by the start of the 2007-2008 school
year. By mid-October, the
ACRI
also reported on a shortage of educational psychologists to provide
counseling services to students, parents and educators because of the
trauma caused by rocket landings in residential areas. A better
strategy would be for
Migrant Worker Rights
In October 2006,
enacted legislation prohibiting trafficking in persons for slavery,
forced labor, prostitution, human organ sales, human reproduction, or
immoral publications. Ignored were other types of trafficking, such as
“binding” workers to employers and requiring onerous fees to brokers
that are still common. More on that below. A victory was achieved in
part, however, for 63% of those requesting it in 2007 – granting legal
status to migrant workers’ children who were born in
The
High Court granted another one as well on the way agricultural firms,
nursing care services and other industries “bind” migrant workers to a
single employer. It ruled this infringes on workers rights, must be
discontinued, and gave the government six months to draft new a
employment arrangement for its migrant workers. As of last October,
nothing was implemented, 18 months after the Court ruling. Abuses still
occur, and ACRI concludes that evidence about them paints a “bleak
picture for future employment conditions for Israeli migrant workers.”
Then there’s the matter of brokers’ fees that can be “astronomical” and a way to earn profits at workers’ expense.
allows them even though the law forbids it. They’re an oppressive
burden, can cost several months wages, and they may require high
interest rate loans to be able to pay them. A solution may be near,
however, under an agreement between
and the International Organization for Migration (IOM) regarding
agricultural worker recruitment. Beginning this year, only migrant
workers from countries with which
Citizenship and Residency Status
Sovereign
states are entitled to decide who can immigrate and get permanent
status. But they must consider human rights, issues of family, and not
exclude refugees, asylum-seekers, stateless persons or those coming
under duress.
fails on all counts and makes things worse. It has no immigration
policy for non-Jews who aren’t welcome, and family member status rules
are changing and becoming hardened.
In
2005, the government appointed Professor Amnon Rubinstein to head a
committee to assess the immigration issue, examine relevant legislation
and regulations, and propose new policies and laws. In February 2006 a
report was issued, but the committee wasn’t reappointed, and
bureaucratic guidelines replaced policy with Population Registry civil
servants in charge. An administrative black hole is the result with
policies governing non-Jews stiffened.
Since
2003, the Citizenship and Entry into Israel Law (Temporary Order)
denies legal status to Palestinian spouses of Israeli citizens. Israeli
Arabs suffer the most as they maintain marriage and family ties with
their relatives in the Territories. In May 2006, the High Court
rejected petitions opposing the law and determined that it serves an
essential security purpose. As a result, although the law is temporary,
it’s been extended several times, most recently through July 2008.
In addition, the law’s scope has been expanded and now prevents family member spouses from
and other government-designated “enemy states” from getting status.
Tougher immigration rules for non-Jews were also in a
government-proposed draft bill stipulating that illegal Israeli
residents must leave for a multi-year “cooling off” period before being
eligible to return. The law is far-reaching on issues of family life;
equality for spouses of Israeli citizens and residents; parents of
Israeli minors; elderly parents; minor children
of Israeli citizens and residents; indigenous Negev Bedouins with no
formalized status; asylum-seekers; women victimized by trafficking; and
many others.
According to the UN High Commission for Refugees (UNHCR), the number of asylum-seekers in
under trying conditions, bear scars of physical and mental abuse, are
impoverished and desperate, have no relatives or friends in the
country, and are totally dependent on aid from their host.
For its part,
lacks clear policy directives for dealing with the situation.
Mechanisms in place are based on Ministry of Interior unpublished
procedures, and inter-ministerial committee asylum determinations are
made on a case-by-case basis with all deliberations kept secret. The
result is the lowest percent of requests granted in the West, just 1%
in 2005. It was even lower in 2006 at under 0.5%. In 2007, 350 refugees
got temporary protection, 805 others were denied, and 863 are under
review.
Even
persons recognized as refugees aren’t granted permanent Israeli status.
At best, they get temporary permits for limited stays. Provisions allow
bi-annual renewals if hardship conditions remain in countries of
origin, but at times refugees are summarily turned away and others
(including women and children) imprisoned for extended periods under
very difficult conditions and without having committed an offense.
is morally and legally bound to assist asylum-seekers. And it has every
right to establish laws and procedures for their admittance. Yet its
record is shameless as the West’s least hospitable country to
individuals in greatest need.
Human Rights Violations in Occupied
June
2007 was a milestone for Palestinians. It marked 40 years under Israeli
occupation, during which time their democratic rights have been denied
and they’ve endured appalling human rights abuses – to life, liberty,
security, privacy and personal safety, in or outside their homes. In
addition, they have no property rights or freedom of movement,
employment, or for health care and education. They’re collectively
punished and economically strangled. Their borders are blocked and
routinely violated as are their waters and air space. They’re also
constricted by oppressive curfews, roadblocks, checkpoints, electric
fences and separation walls, and their homes are being bulldozed and
land taken for illegal settlement expansions. It gets worse.
Israeli
security forces brutally harass, arrest, imprison, torture and
extra-judicially assassinate anyone with impunity. Palestinians are
helpless, redress is denied them, and when they resist, they’re called
terrorists. The toll has been horrific, it’s too detailed to recount,
so ACRI focused on three prominent issues: movement restrictions,
conditions in
Free
movement is a basic human right that affects other rights: to
employment, to live in dignity, to education, health, and the right to
family life. Since the second Intifada began in September 2000, these
freedoms have been constricted, and it’s made life in the Territories
impossible. They mainly affect the West Bank that’s restricted by
hundreds of checkpoints, roadblocks, barriers and the Separation Wall
that’s taken 10% of Palestinian territory through a shameless land grab
on the pretext of security.
Movement restrictions have split the West Bank into six geographic units – North, Center, South, the
Movement is severely restricted within and between them, it’s had a
grave impact on normal economic life, and Palestinians are effectively
prisoners in their own land.
Consider
the checkpoints. They restrict movement and subject Palestinians to
inordinate delays and abusive searches. They’re supplemented by
countless obstacles further impinging movement: concrete blocks, earth
mounds, and trenches that deny direct vehicular or pedestrian passage
and allow Israelis exclusive access to 311 kilometers of main West Bank
roads connecting all of
and the Territories. Those most harmed are the elderly, sick, pregnant
women and small children. So are selected population groups according
to gender, age or place of residence. Males aged 16 to 30 or 35 are
targeted as well as populations in cities under assault.
Then
there’s the “black lists” called “Police Refused” or “GSS Refused.”
Tens of thousands of Palestinians are on them for groundless and
arbitrary reasons with no right of appeal. Their lives are disrupted,
freedom denied and movements restricted inside the Territory or when
attempting to leave. The Separation Wall makes things worse. It’s 80%
on Palestinian land, has nothing to do with security, separates
Palestinians from each other, and violates their fundamental human
rights:
— it separates Palestinian cities, villages, communities and families from each other;
— cuts off Palestinian farmers from their lands;
— impedes access to health facilities, educational institutions and other essential services; and it
— obstructs access to clean water sources and effectively steals them.
The
planned route when completed will be immense – 780 kilometers. By
October last year, 409 kilometers were completed and another 72 km were
being built. As of last May, there are 65 gates but Palestinians can
only pass through 38 of them and only for selected hours of the day and
not at all on some days. Around
the planned route is 171 km; half was completed by last June and
another 32 km were under construction. The Wall cuts off Palestinians
in East Jerusalem neighborhoods from the remaining West Bank as well as
villages around
When completed, the Wall will create two types of Palestinian enclaves:
— villages and agricultural land on the Israeli side in what’s called the “seam zone;” and
—
villages and land on the Palestinian side that are blocked on three or
more sides by twists in the route or the intersection of the Wall with
physical roadblocks or roads forbidden to Palestinians.
The UN Committee on the Elimination of all forms of Racial Discrimination published recommendations concerning
movement restrictions have been “highly detrimental” and have impacted
essential elements of Palestinians’ lives that “gravely infringe
(their) human rights….” They have no justification for security or
“military exigencies.” Yet they’re maintained, and who’ll challenge
The same situation exists in
ACRI and B’Tselem jointly documented it, and last year prepared a
report called: “Ghost Town.” It’s a disturbing story of separation,
forced displacement and terror.
is the oppressor, Palestinians the victims, and no one seems to care.
The human toll is horrific – “protracted and severe harm to
Palestinians (from) some of the gravest human rights violations”
against them that go unaddressed, continue unabated, and worsen.
destroyed its fabric of life through a state-imposed policy of land
seizures, extended curfews, harsh free movement restrictions and
unaddressed violence. Combined, they terrorize Palestinians and
prohibit them from driving or even walking on the area’s main streets.
That, in turn, makes life impossible. The consequences have been
devastating with peoples’ lives uprooted.
Since
second largest city, the largest in the territory’s south, and the only
Palestinian city with an Israeli settlement in its center. It’s
concentrated in and around the
For many years,
center. It partitioned the city into northern and southern parts and
created a long strip of land for Jewish vehicles only. In addition, in
areas open to Palestinians, they’re subjected to “repeated detention
and humiliating inspections” any time, for any reason, and it worsened
after the 1994 Baruch Goldstein massacre of Muslim worshipers in the
Tomb of the Patriarchs.
military commander ordered many Palestinian-owned shops closed that
were the livelihoods for thousands of people. In addition, he condoned
frequent settler violence as a way to remove Palestinians from their
own land. It worked.
A combination of restrictions, prohibitions and deliberate harassment devastated
and Casbah areas where most Israeli settlements are located and
Palestinians face the harshest conditions and restrictions on their
movements. As a result, they were removed or had to leave, and what was
once “the vibrant heart of
A
senior Israeli defense official explained the scheme that’s pretty
common knowledge today. He called it “a permanent process of
dispossessing Arabs to increase Jewish territory.” Distinguished
Israeli historian, Ilan Pappe, calls it state-sponsored ethnic
cleansing that’s been ongoing since
At
least 1014 Palestinian housing units (41.9% of the total in the area)
were vacated by their occupants. Another 659 apartments (65% of the
total) were as well during the second Intifada. In addition, 1829
Palestinian businesses (76.6% of them all) were lost. Of the total,
1141 (62.4% of the total) closed after the year 2000, 440 or more by
military order. ACRI and B’Tselem believe Palestinian apartment
abandonments were even higher than reported because neighborhoods near
settlements collapsed and housing and living costs declined
dramatically there. Poor families took advantage. Unable to afford more
costly housing, they left distant parts of
Overall,
the affects were devastating – job loss, poor nutrition, rising
poverty, growing family tensions from prolonged confinement, severe
harm to education, welfare and health systems, and a mass exodus away
from areas near settlements resulting in lost homes and businesses. To
this day, nothing has changed, there’s no sign it will any time soon,
and things, in fact, got worse.
Israeli
security forces protect settlers who freely attack Palestinians with
impunity. Offenses include physical assaults and beatings (at times
with clubs), stone throwing, and hurling refuse, sand, water, chlorine,
and empty bottles. Settlers freely loot Palestinian shops and commit
acts of vandalism against them and other owner property. Killings also
occur as well as attempts to run over people with vehicles, chop down
fruit trees, poison water wells, break into homes, and pour hot liquids
on Palestinian faces. IDF forces are positioned everywhere in the area.
They witness everything and ignore it.
Soldiers
also commit violence and use excessive force as do police. In addition,
they engage in arbitrary house searches at all hours of the day and
night, seize houses, harass, detain randomly and conduct humiliating
searches and harsh treatment overall. These actions violate
international and Israeli administrative and constitutional law. They
persist nonetheless.
In
it’s even worse. Life there was never easy under occupation, but
conditions worsened markedly after Hamas’ surprise January 2006
electoral victory.
and the West. All outside aid was cut off, an economic embargo and
sanctions were imposed, and the legitimate government was isolated.
Stepped up repression followed along with repeated IDF incursions,
attacks and arrests. Gazans have been imprisoned in their own land and
traumatized for months. No one outside
Hamas
is isolated, assaulted and called a “hostile entity.” Then on September
19, 2007 sanctions were tightened, electricity and fuel was reduced and
so were supplies of food, medicines and other essential items. Tighter
border crossing restrictions were also imposed on an area already
devastated by years of repression.
Its
industrial production is down 90%, and its agricultural output is half
its pre-2007 level. In addition, nearly all construction stopped, and
unemployment and poverty exceed 80%. Shops then ran out of everything
because
allows in only nine basic materials, their availability is spotty, and
some essentials are banned, like certain medicines, and others
restricted like fruit, milk and other dairy products. Before June 2007,
9000 commodities could be imported. Today, it’s only 20, people don’t
get enough food, and the situation is desperate.
Then there’s the matter of power without which
shuts down. The Strip needs 230 – 250 daily megawatts of electricity.
Its only power plant supplies around 30% of it, but people in central
Gaza and Gaza city are totally dependent on what can’t be supplied if
industrial diesel fuel the plant depends on is cut off. The result is
critically ill people are endangered, hospitals can’t function, bread
and other baked goods can’t be produced without electricity to power
ovens, food is already in short supply, so is fresh water, and
sanitation conditions are disastrous.
The situation may now worsen following
and its right to restrict fuel and electricity. Here’s what’s planned
on top of already imposed cuts. Starting February 7, further reductions
will be made incrementally according to a plan submitted to the Court –
5% on three of ten lines supplying electricity to
for a total of 1.5 megawatts through around February 21. An additional
25 megawatts have already been cut because of diesel fuel reductions to
sole power plant. The result is rolling blackouts, hospitals in crisis,
and sewage treatment plants, water pumps and other vital services can’t
operate. Transportation is also disrupted. The situation is critical,
is expected to build a power line to supply about 150 megawatts of
electricity to the Strip and become its main supplier. A senior
Egyptian electricity ministry official apparently confirmed it by
indicating the Islamic Development Bank agreed to finance the project
that will link El-Arish in Sinai with
In
addition, an Egyptian oil minister issued “urgent” directives for his
country to provide natural gas to the Territory and help develop
offshore Palestinian gas fields that British Gas Group (BG) estimates
hold 1.3 trillion cubic meters in proved reserves worth nearly $4
billion. For its part,
and apparently finds the new arrangement acceptable or at least won’t
prevent it. However, it remains for it to be implemented,
East Jerusalem is also victimized by neglect and discrimination even though
granted its Palestinian population “permanent resident” status after
its 1967 occupation. International law is clear, and Israeli law as
well obligates the government to treat the population equitably and
afford them all services and rights Israelis get, aside from the right
to vote in national elections.
Israel
refuses and for the past four decades has systematically neglected
Palestinian Arabs as part of a discriminatory policy to drive them from
the city and secure a Jewish majority in it. As a result,
residents suffer severe distress, conditions continue worsening, and
life for them is an unending cycle of poverty, neglect, shortages and
repression. In 2003, Central Bureau of Statistics data showed 64% of
Palestinians in the city lived in poverty compared to 24% of Jewish
families. It was even worse for children – 76% of Palestinians compared
to 38% of Jews.
Other examples of abuse and neglect are also common:
—
Palestinians aren’t allowed building permits for new construction; in
rare instances when they’re allowed, permit fees are too high to be
affordable for nearly everyone;
— their lands continue to be expropriated for new Jewish neighborhoods and settlements;
— in contrast, Jewish areas get generous construction and infrastructure investment;
—
desperate Palestinians resort to their own devices, erect homes on
their own land, yet live in fear of frequent demolitions that are
patently illegal;
—
East Jerusalem sanitation facilities are sorely lacking; sewage and
drainage infrastructure is grossly inadequate, antiquated and poorly
maintained; the result is frequent sewer flooding and harmful sanitary
conditions that are exacerbated during bad weather; in addition, trash
goes uncollected and piles up in streets;
—
infrastructure is in disrepair, public parks and recreational
facilities don’t exist, the postal service barely functions, and most
Arab neighborhoods get no fresh water;
—
educational facilities are lacking; a severe classroom shortage exists,
and only half of the city’s children are enrolled in municipal schools
that are overcrowded, poorly equipped and unsafe;
—
the toll on Palestinians is horrific in many ways: family relationships
are damaged; violence in them is common; school dropouts are high; jobs
are scarce; crime and drug use rises; and health and nutritional
problems are severe; in spite of overwhelming needs, welfare services
are inadequate, near collapse and one consequence is thousands of
children and youths are in acute distress and at high risk;
—
police and security force brutality exacerbates the hardships;
harassment is common and so is unrestrained violence; Palestinians are
terrorized, harmed, frequently killed, and no one outside the
Territories seems to notice or care.
The Right to Privacy
has no formal constitution. It relies instead on 11 Basic Laws. Section
7 (D) states that “there shall be no violation of the confidentiality
of conversation.” Authorities ignore it, and data show police
wiretapping abuses are common, thus violating the right to privacy.
By
law, police must formally request a court order to wiretap. Rarely are
they refused, and in 2007 a Knesset committee investigated the issue.
In November 2007, a new bill was drafted concerning the transfer of
data from communications companies to the police for use in criminal
investigations. It provides wide latitude, and ACRI calls the potential
for privacy violations enormous and possibly unprecedented. Protests
were lodged against the original bill, and they led to important
changes toning down the initial language.
Privacy
issues also affect job applicants and employees, can be abusive, and
individuals get no choice – accept them, or else. They:
— demand job applicants sign a complete waiver of medical confidentiality;
— allow employer surveillance of telephone conversations and e-mail correspondence;
— mandate compulsory polygraphs for applicants and employees; and
— use video cameras for workplace monitoring.
Criminal Justice
The
right to counsel is essential for anyone charged with a crime. Israel’s
Public Defender’s Law (1995) stipulates that detainees and defendants
unable to afford help are entitled to state-funded representation, but
only for crimes with prison terms of five or more years. This was
amended in December 2006 to prohibit prison sentences for unrepresented
defendants.
legal system also establishes the right to a fair trial and other
safeguards. Yet, erosion began in 2007 under a temporary Knesset
January 2007 law infringing on detainees rights: they can be denied
face-to-face contact with an attorney; prevented from meeting with
family members; denied the right to be present at hearings on their
charges; interrogated without counsel; and unreasonably cut off from
the outside world that creates a feeling of isolation.
In
June 2007, the Office of the Public Defender published a report on
detention and incarceration conditions in Israeli police internment
facilities. As in previous years, it was alarming and indicated basic
human rights violations, some extreme. An Israeli Bar Association March
2007 report reached the same conclusions:
—
severe overcrowding and highly restrictive living space in two-thirds
of detention facilities examined; some cells were only two square
meters or less;
— larger cells held up to 10 prisoners;
— sanitary and hygiene conditions were poor as well as ventilation; some cells lacked windows;
— wall peeling and crumbling from dampness and mold were common;
— prisons had filthy and foul-smelling toilets and showers as well as infestations of cockroaches, rats and other vermin;
—
lighting was poor and prisoners often sat in dark, suffocating, fetid
cells; the wings of one prison were described as unsuitable for human
habitation; and
—
complaints were common about violence at the hands of guards and
wardens; collective punishment was also inflicted and overall treatment
was degrading, humiliating and invasive.
Police brutality is a major issue, just as it is in the
impunity. Complaints often are unaddressed. The problem is systemic,
it’s within the Police Service, and specifically in the Police
Investigations Department of the Ministry of Justice (PID).
PID
was established in 1992 and mandated to investigate complaints against
police in cases of excessive force. However, investigations are rare,
and seldom ever are there prosecutions, regardless of the complaint’s
severity and almost never against senior officers with authority. The
lack of effort assures continued brutality because officers know they
can get away with it.
The Destabilization of Democracy
The
Israeli Democracy Institute (IDI) surveyed Israeli citizens, published
its “Democracy Index” in June 2007, and included some disturbing
findings in it. Its survey showed:
— less than half of respondents believe public speakers have the right to criticize the government;
— only 54% favor freedom of religion and a bare 50% feel Arabs and Jews should have equal rights;
— 87% rate Jewish-Arab relations poor or very poor;
— 78% oppose having Arab parties or ministers join
— 43% believe Arabs aren’t intelligent;
— 55% feel the government should encourage Arab emigration; and
— 75% think Arabs favor violence.
Overall,
the results showed democratic values eroding since the IDI 2003 survey.
It doesn’t happen in a vacuum. It’s part of the cultural environment:
from the home, within families, at school, through the media and other
social contexts from which attitudes develop. It’s also gotten from the
law, the way Israeli courts interpret it, particularly the High Court
of Justice, and subsequent legislative efforts to bypass Court rulings
and trample on human rights. The problem is pervasive and worsening as
ACRI cites the role of Daniel Friedman since he became
Justice Minister in February 2007. He’s since proposed a number of
initiatives and “reforms” that threaten to undermine the legal system
and High Court in particular. One proposal was to change how justices
are chosen in a way that would curtail their independence and
politicize the entire process. In August, he then prepared a draft bill
to limit public petitioner rights to the High Court, especially for
human rights organizations.
ACRI
ends its lengthy and disturbing report as follows: History shows that
“parliaments tend to violate human rights in times of crisis. It is
precisely at these moments, however, that (it’s vital) to preserve the
judiciary’s role in the system of checks and balances.”
Stephen Lendman lives in