This does not deal directly with Human Rights Defenders but as it is such a clear piece of work I include it anyway. Ross Mountain’s Op-Ed on the humanitarian situation in Gaza and the West Bank was published in An Nahar, a leading newspaper in Lebanon on Saturday 19th June 2010. http://www.annahar.com/content.php?priority=3&table=kadaya&type=kadaya&day=Sat. For those who do not read Arabic, here is the English version:
“The killing in “self-defense” of unarmed civilians during Israel’s assault in international waters on a flotilla carrying humanitarian aid supplies to Gaza calls attention, once again, to the terrible situation of civilians living trapped under unbearable conditions in Gaza. Anyone asserting that these few boats could constitute a threat to the security of Israel is simply not credible. It is also the latest in a series of actions that perpetuate an artificial humanitarian crisis –not only in Gaza, but also in the West Bank – in which Israeli impediments to the movement of people and goods, on a daily basis test the tolerance and patience of the Palestinians beyond limits. Israel´s construction of the West Bank Barrier, based on its claim that it needs to secure its people, is a cornerstone of this unnecessary crisis. It is the largest infrastructure project in Israeli history, expecting to cost around US$4 billion on completion. Although Israel signed an agreement to reduce the number of checkpoints and obstacles, these increased from 390 in 2005 to 630 in 2008, of which 550 were still in place in February this year.
The barrier and all the closures, differentiated passes and permits, settler- only roads and the enforced separation between Palestinians and Israelis resemble nothing so much as the laws and practices of racial segregation and forced removals that South Africa knew under Apartheid.Perhaps more cruel than the barrier itself is the arbitrary system of the opening and closing of checkpoints. These often cut West Bank residents from their land, their neighbours and friends, deliberately impeding access between East Jerusalem and the rest of the West Bank- let alone movement to and from Gaza. The Israeli authorities’ arbitrary decisions determine when, or whether, different border crossings are opened or if the different permits they insist are required are valid for movement or not, and make predictable humanitarian access impossible. Indeed a direct product of this massive expenditure is the progressive impoverishment and heightened frustration of the Palestinian people! The suffering of civilians in Gaza and frustration of the humanitarian organizations on the ground struggling to provide aid have only increased in the aftermath of “Operation Cast Lead”, the military operation launched by Israel in December 2008. During this operation, houses, factories, wells, schools, hospitals, police stations, the recently built airport, and many UN and public buildings were destroyed and damaged – as were food supply warehouses and water and sanitation systems. More than a year later, families are still living amid the rubble of their former homes, since the continuing blockade has made meaningful reconstruction impossible despite the billions pledged by the international community. Virtually no improvement has been possible due to the item-by-item restrictions and elaborate procedures insisted upon by the Israeli authorities. With a broken economy and collapsed infrastructure, Gaza’s society has become increasingly destabilized. Over 1.5 million Palestinians remain trapped in Gaza, heavily dependent on restricted aid flows for basic necessities. Around 80% of the population now depends on food aid provided by the international community. As one humanitarian worker, struggling daily with this situation, graphically described it,“we are feeding the inmates through the bars.” In 2009 the international community contributed US$765 million to United Nations appeals for Gaza and the rest of the occupied Palestinian territory. The UN appeal for 2010 seeks US$644.5 million. This huge amount of money would be unnecessary if the Israeli authorities removed the barriers, lifted the blockade and respected International Humanitarian Law as repeatedly demanded by the UN, the US, the EU, Russia- the members of The Quartet. The International Committee of the Red Cross (ICRC) has exceptionally now also called for the Gaza closure to end. During my recent mission to the region, humanitarian actors on the ground, amongst them donors, NGOs, UN agencies, and other partners shared with my team their concern that international humanitarian assistance was in effect subsidizing the Israeli occupation. How much better and more helpful to building peace between the two communities would it be to invest such money in improving the skills and future prospect of the Palestinian people instead of serving as a band aid to avert the absolute collapse of their living conditions. Let us be clear. This is a manufactured humanitarian crisis that need not exist, that does not need to demand hundreds of millions of dollars year by year. The collective punishment the civilian population in Gaza is facing means that the international community has to deliver aid to cover needs brought about by the actions of the Israeli authorities. And at a high cost. As an illustration, the World Food Programme reports that the additional costs for procedures demanded by the Israeli authorities for the delivery of their food supplies to the citizens of Gaza has trebled their transport and handling costs. Who pockets this difference? Not the Palestinians, as purchases and storage take place mostly in Israel. There are many examples of protracted and trivial negotiations to import items such as pencils for schools. Only after months of negotiations, progress was made with the Israelis allowing materials like glass into Gaza to repair windows shattered by the attack in December 2008. However, this was only achieved after involving the highest level of the UN and diplomatic missions. Making matters worse, the application of the political “no contact” policy with Hamas by a number of key donors to humanitarian programs in the occupied Palestinian territories violates the basic humanitarian principle of dealing with all authorities – de facto as well as de jure – to ensure that humanitarian assistance reaches the vulnerable on the basis of their needs. Indeed, as the International Crisis Group has emphasized the international donor community must shoulder its share of the blame for continuing to politically support the isolation of Gaza.
The thwarted efforts of the flotilla to bring humanitarian and building supplies have highlighted Israel´s restrictive policies despite the outcry of the international community. In the wake of the Israeli killings, will donor countries now insist on the lifting of the blockade on humanitarian supplies for Gaza and the absurd limitations on movement including in the West Bank? None of these pose a credible threat to the security of Israel and would make all the difference to the health and welfare of the population of the occupied Palestinian territory. Or will the obstinacy of the Israel government and the spin of its skilled spokespersons be allowed to prevail once more?”
Archive for the 'human rights' Category
Feeding the inmates through the bars
June 30, 2010Laureate Martin Ennals Award 2010 announced today
May 7, 20103 hours ago in Geneva I had the honor to announce to the international media that the Jury of the Martin Ennals Award for Human Rights Defenders (MEA) had selected the Syrian lawyer Muhannad Al-Hassani as its laureate for 2010. He lingers in jail since 28 July 2009 for having defended human rights and challenged the oppressive legal framework imposed by the Syrian government. He was charged with ‘crimes’ such as “weakening national sentiments,” and “spreading false news.”
A man of an exceptional courage, arbitrarily detained in unacceptable conditions for defending the rule of law deserves your support. See http://www.martinennalsaward.org
The enforcement gap: what human rights NGOs should concentrate on in the next few years
April 28, 2010In many ways human rights has been an enormous success story. In about half a century, it has gone from a relatively minor issue in diplomatic relations to a major and ongoing international concern, with elaborate treaties, mechanisms and codes. Specialized human rights organizations have among them millions of active members. The weakness remains enforcement, even in cases where the binding legal character of the rules is not in doubt.
This non-enforcement is of such a blatant character that there is a serious risk that many of the gains described above will be lost. Only half-jokingly the best advice one can give a tyrannical regime is to simply ignore all international condemnations, refuse to answer any queries, do not let any UN Rapporteurs or NGOs in, and after a while – usually quite quickly – the furor, if any, will dampen and the media will shine their light elsewhere, most likely where there is some degree of cooperation and access. This does not encourage States to follow human rights norms!
An example from the category of treaty obligations where a country has formally pledged to honor its obligations (Communication no 1150/2033 Uteeva vs Uzbekistan):. When the sister of a man condemned to death complained that the confession was obtained under torture, the Human Rights Committee requested Uzbekistan not to carry out the execution while the case was under consideration. Six months later the Uzbek Government informed the Committee that the death sentence had been carried out.
Several countries have steadily refused to cooperate with the UN Human Rights Council and do not let Rapporteurs in (e,g, Iran, Cuba, Burma). Even more refuse to let NGOs in.
In the area of business and human rights in 2008 over 3.000 companies had signed up to the Global Compact (a voluntary code to uphold basic standards – no real teeth, but striking off the list is possible). In 2006, 335 companies were struck off the list, but who knows?
Rather than speculate about why most human rights bodies and persons seem to accept this state of affairs (fatigue, not interesting for the media, not attractive for donors, etc), we should devise urgently mechanism to remedy this situation, to make sure that “crime does not pay”.
Some ideas:
- Every year on 10 December, Human Rights Day, the human rights movement – through a coalition of major and representative NGOs – makes public a list of the top 10 ‘refusniks’ (countries that stand out in ‘non-cooperation’)
- Non-enforcement of decisions by any of the UN treaty bodies will have to be strengthened (report to the General Assembly is not enough). The UN High Commissioner for Human Rights could be asked to compile annually a list of non-enforced decisions and give it the widest possible dissemination, including to the meetings of the States Parties. Persistent non-compliance should be routinely followed by inter-state complaints.
- A business company struck of the list of the Global Compact MUST make this known in the same media and publications in which its joining was announced and with same emphasis (this should be made this part of the code). Non-compliance with this requirement should lead to an active campaign by the UN to explain why the company was struck off the list.
Reactions and other ideas are most welcome.
Hans Thoolen on Human Rights Defenders and their awards 