Israel/OPT
21.10.02
Urgent Interventions
Israel and Palestinian Territory Occupied: Israel Open Letter regarding the EU-Israel Association Council
Open letter regarding EU/Israël Association Council on 21/10/02
To: EU Foreign Affairs Ministers
EU High Representative for CFSP, Javier Solana
EU Commissioner, Chris Patten
18/10/02
On behalf of the Euro-Mediterranean Human Rights Network (EMHRN), the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT) we address this letter to you in view of the next EU-Israel Association Council on 21 October 2002. We would like to express our great concerns regarding the continuously deteriorating human rights situation in the Occupied Palestinian Territories and of the Arab minority in Israel breaching International Human Rights Standards and Humanitarian Law.
Article 2 of the EU-Israel Association Agreement states that the relationship between the EU and Israel shall be based on respect for human rights and democratic principles, which guide their internal and international policy as an essential element of the Agreement.
The Communication on human rights, adopted on 8 May 2001 by the European Commission states that "in all dialogues with third countries, the Commission will in the future seek to ensure that the discussion covers issues of concern relating to human rights and democracy" (…) "however a prerequisite for success is that these states are genuinely ready to co-operate. The EU should pursue this approach wherever possible, while recognising that in some cases, the third country may have no genuine commitment to pursue change through dialogue and consultation, and negative measures may therefore be more appropriate".
In June 2001, the Council’s conclusions on the European Union's role in promoting human rights and democratisation in third countries reaffirm the strong commitment to “mainstreaming of human rights and democratisation into EU policies and actions” and states that “human rights and democratisation should systematically and at different levels be included in all EU political dialogues and bilateral relations with third countries”.
The European Union has an obligation to seriously address grave human rights violations and to evaluate the impact and results of EU policies in this regard. Until now the dialogue with the Israeli authorities did not produce positive results and the human rights situation has deteriorated to an unprecedented level. We therefore urge the European Union to reconsider its policy towards Israel and to take all necessary measures for improving the human rights situation, including the total or partial suspension of the Association Agreement. This action should integrate the establishment of a monitoring mechanism of the human rights situation in the Occupied Palestinian Territories and Israel.
1. International Human rights and Humanitarian Law violations committed by Israel
Israel's indiscriminate, excessive and disproportionate use of force violates international humanitarian law, including the fourth Geneva Convention. While Israel justifies its action as measures aimed at guaranteeing its own security, this argument has been waived by the UN human rights mechanisms. Consequently, recent human rights and humanitarian law violations by the Israeli forces include in particular:
· Wilful killings, arbitrary executions and targeted assassinations. More than 1400 Palestinians have been killed since the outbreak of the second Intifada, whereof at least 79 were extra-judicially executed.
· Systematic destruction of the Palestinian infrastructure.
· Numerous house demolitions, which amount to collective punishment, prohibited by article 53 of the International Covenant on Civil and Political Rights, as well as to a form of cruel, inhuman and degrading treatment, as recognised by the UN Committee against Torture (CAT) in November 2002
· Massive violations of the freedom of movement, guaranteed by article 12 of the International Covenant on Civil and Political Rights.
· The prolonged closure of the Occupied Territories gives rise to many violations of economic, social and cultural rights, as guaranteed by the International Covenant on Economic, Social and Cultural Rights ratified by Israel. In particular the right to health is being denied by actions aimed directly at preventing access to care, for instance by preventing hospitals from getting supplies, by attacking ambulances and by preventing Palestinians civilians from reaching health centers. Similarly, the policy of closure seriously affects the enjoyment of other economic, social and cultural rights such as the right to food, the right to education and the right to work.
· Massive arbitrary arrests of Palestinians. Some are transferred to detention centres without their families being informed. As of September 30, it is evaluated that about 2 765 people are detained in various facilities in Israel and the Occupied Territories, whereof many are administrative detainees.
· Moreover, many sources indicate inhuman conditions of detention, including torture, in violation of the International Covenant on Civil and Political Rights and the International Convention against torture and other cruel inhuman, and degrading treatment or punishment
· Discriminatory laws and practices against the Palestinian minority in Israel have existed since 1948 and the situation has worsened recently. They involve land confiscation, house demolition and unequal access to civic, social and economic rights and denying the right of 250.000 Palestinians citizens to return to their villages and homes.
2. Case of Marwan Barghouti
Arbitrary detention is illustrated by the case of Marwan Barghouti, Secretary General of the Fatah in the West Bank, a democratically elected Palestinian representative of the Palestinian Legislative Council. We consider that there is no legal basis for his detention as he is detained in the framework of his political mandate. Moreover he is detained on the grounds of his exercise of freedom of expression and there are serious reasons to believe that he would not benefit from a fair trial.
In addition, the transfer of Marwan Barghouti from the Occupied Territory to detention facilities in Israel is illegal under international law as the Fourth Geneva Convention prohibits the transfer of people under occupation to the territory of the occupier.
There are also serious reasons to question the fairness of the procedure against Marwan Barghouti. First because the tribunal is not competent to judge him. Secondly his right to defence has been hampered as he has had limited access to his lawyers and to his file.
Conditions of detention of Marwan Barghouti are reported to be in violation of international law. He has been subjected to sleep deprivation, position abuse in violation of Article 5 the International Covenant on Civil and Political Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.
Finally, we are concerned with the fact that a lawyer from the Paris Bar, whom the FIDH had sent to observe the trial of Marwan Barghouti on October 3, was refused entry into Israel. In violation of reciprocal free circulation agreements between France and Israel, she was stopped at Ben Gurion Airport, interrogated and then expelled without having been able to enter the country.
3. Territorial scope of the EU-Israel Association agreement
In spite of the clear position repeatedly made by the EU about the territorial scope of the EU-Israel Association agreement, Israeli authorities continue to consider that the Agreement covers all the territories under Israeli administration. This assertion blatantly contradicts numerous UN resolutions as Israel's occupation of the 1967 Occupied Palestinian Territories, including East Jerusalem, is illegal under international law.
Israel strangulates the Palestinian economy, notably through its policy of closure, the building of settlements, the destruction of buildings and agricultural lands, including buildings constructed in the framework of the implementation of the Interim Agreement between the EU and the Palestinian Authority. As a result, this Agreement has not produced any benefit for Palestinian people. The EU brings a decisive financial support to the Palestinian Authority and to the Palestinian people, including through UNRWA. That assistance is vital, but Palestinians must also have the possibility to develop their own economy. The undersigning Organisations consider that Israel currently benefits from trade preferences in violation of international law.
4. Recommendations
· Totally or partially suspending the Association Agreement
In view of the large-scale human rights and humanitarian law violations committed by Israel and due to the fact that in practice the Agreement continues to cover goods produced in the Occupied Territories (in the settlements), we call on the EU to take negative measures under the agreement, such as the suspension of trade benefits. The motivation for the suspension should be made public and reassessed regularly in view of eventual progresses made.
· Setting-up a monitoring mechanism of the human rights situation in the Occupied Territories and Israel.
· Calling for the withdrawal from all the Occupied Palestinian Territories
The European Union should call for an immediate and complete withdrawal from all the Occupied Palestinian Territories in conformity with the relevant UN resolutions, granting the right to self-determination of the Palestinians and the granting of the right to return to the Palestinian refugees.
· Initiating the presence of an international protection force
The European Union should urgently sponsor an international force for the protection of the population in the Occupied Territories.
We hope that the European Union will address in an effective way the issue of occupation as well as the serious human rights violations committed by Israel and take all necessary measures for the implementation of the human rights clause of the Association Agreement. If it fails to do so in breach with its legal obligations, the EU will continue loosing its credibility in the eyes of EU citizens and human rights defenders in the region.
Yours sincerely,
Abdelaziz Bennani,
President of the Euro-Mediterranean Human Rights Network (EMHRN)
Sidiki Kaba
President of the International Federation for Human Rights (FIDH)
Eric Sottas
Director of the World Organisation Against Torture (OMCT)
To: EU Foreign Affairs Ministers
EU High Representative for CFSP, Javier Solana
EU Commissioner, Chris Patten
18/10/02
On behalf of the Euro-Mediterranean Human Rights Network (EMHRN), the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT) we address this letter to you in view of the next EU-Israel Association Council on 21 October 2002. We would like to express our great concerns regarding the continuously deteriorating human rights situation in the Occupied Palestinian Territories and of the Arab minority in Israel breaching International Human Rights Standards and Humanitarian Law.
Article 2 of the EU-Israel Association Agreement states that the relationship between the EU and Israel shall be based on respect for human rights and democratic principles, which guide their internal and international policy as an essential element of the Agreement.
The Communication on human rights, adopted on 8 May 2001 by the European Commission states that "in all dialogues with third countries, the Commission will in the future seek to ensure that the discussion covers issues of concern relating to human rights and democracy" (…) "however a prerequisite for success is that these states are genuinely ready to co-operate. The EU should pursue this approach wherever possible, while recognising that in some cases, the third country may have no genuine commitment to pursue change through dialogue and consultation, and negative measures may therefore be more appropriate".
In June 2001, the Council’s conclusions on the European Union's role in promoting human rights and democratisation in third countries reaffirm the strong commitment to “mainstreaming of human rights and democratisation into EU policies and actions” and states that “human rights and democratisation should systematically and at different levels be included in all EU political dialogues and bilateral relations with third countries”.
The European Union has an obligation to seriously address grave human rights violations and to evaluate the impact and results of EU policies in this regard. Until now the dialogue with the Israeli authorities did not produce positive results and the human rights situation has deteriorated to an unprecedented level. We therefore urge the European Union to reconsider its policy towards Israel and to take all necessary measures for improving the human rights situation, including the total or partial suspension of the Association Agreement. This action should integrate the establishment of a monitoring mechanism of the human rights situation in the Occupied Palestinian Territories and Israel.
1. International Human rights and Humanitarian Law violations committed by Israel
Israel's indiscriminate, excessive and disproportionate use of force violates international humanitarian law, including the fourth Geneva Convention. While Israel justifies its action as measures aimed at guaranteeing its own security, this argument has been waived by the UN human rights mechanisms. Consequently, recent human rights and humanitarian law violations by the Israeli forces include in particular:
· Wilful killings, arbitrary executions and targeted assassinations. More than 1400 Palestinians have been killed since the outbreak of the second Intifada, whereof at least 79 were extra-judicially executed.
· Systematic destruction of the Palestinian infrastructure.
· Numerous house demolitions, which amount to collective punishment, prohibited by article 53 of the International Covenant on Civil and Political Rights, as well as to a form of cruel, inhuman and degrading treatment, as recognised by the UN Committee against Torture (CAT) in November 2002
· Massive violations of the freedom of movement, guaranteed by article 12 of the International Covenant on Civil and Political Rights.
· The prolonged closure of the Occupied Territories gives rise to many violations of economic, social and cultural rights, as guaranteed by the International Covenant on Economic, Social and Cultural Rights ratified by Israel. In particular the right to health is being denied by actions aimed directly at preventing access to care, for instance by preventing hospitals from getting supplies, by attacking ambulances and by preventing Palestinians civilians from reaching health centers. Similarly, the policy of closure seriously affects the enjoyment of other economic, social and cultural rights such as the right to food, the right to education and the right to work.
· Massive arbitrary arrests of Palestinians. Some are transferred to detention centres without their families being informed. As of September 30, it is evaluated that about 2 765 people are detained in various facilities in Israel and the Occupied Territories, whereof many are administrative detainees.
· Moreover, many sources indicate inhuman conditions of detention, including torture, in violation of the International Covenant on Civil and Political Rights and the International Convention against torture and other cruel inhuman, and degrading treatment or punishment
· Discriminatory laws and practices against the Palestinian minority in Israel have existed since 1948 and the situation has worsened recently. They involve land confiscation, house demolition and unequal access to civic, social and economic rights and denying the right of 250.000 Palestinians citizens to return to their villages and homes.
2. Case of Marwan Barghouti
Arbitrary detention is illustrated by the case of Marwan Barghouti, Secretary General of the Fatah in the West Bank, a democratically elected Palestinian representative of the Palestinian Legislative Council. We consider that there is no legal basis for his detention as he is detained in the framework of his political mandate. Moreover he is detained on the grounds of his exercise of freedom of expression and there are serious reasons to believe that he would not benefit from a fair trial.
In addition, the transfer of Marwan Barghouti from the Occupied Territory to detention facilities in Israel is illegal under international law as the Fourth Geneva Convention prohibits the transfer of people under occupation to the territory of the occupier.
There are also serious reasons to question the fairness of the procedure against Marwan Barghouti. First because the tribunal is not competent to judge him. Secondly his right to defence has been hampered as he has had limited access to his lawyers and to his file.
Conditions of detention of Marwan Barghouti are reported to be in violation of international law. He has been subjected to sleep deprivation, position abuse in violation of Article 5 the International Covenant on Civil and Political Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.
Finally, we are concerned with the fact that a lawyer from the Paris Bar, whom the FIDH had sent to observe the trial of Marwan Barghouti on October 3, was refused entry into Israel. In violation of reciprocal free circulation agreements between France and Israel, she was stopped at Ben Gurion Airport, interrogated and then expelled without having been able to enter the country.
3. Territorial scope of the EU-Israel Association agreement
In spite of the clear position repeatedly made by the EU about the territorial scope of the EU-Israel Association agreement, Israeli authorities continue to consider that the Agreement covers all the territories under Israeli administration. This assertion blatantly contradicts numerous UN resolutions as Israel's occupation of the 1967 Occupied Palestinian Territories, including East Jerusalem, is illegal under international law.
Israel strangulates the Palestinian economy, notably through its policy of closure, the building of settlements, the destruction of buildings and agricultural lands, including buildings constructed in the framework of the implementation of the Interim Agreement between the EU and the Palestinian Authority. As a result, this Agreement has not produced any benefit for Palestinian people. The EU brings a decisive financial support to the Palestinian Authority and to the Palestinian people, including through UNRWA. That assistance is vital, but Palestinians must also have the possibility to develop their own economy. The undersigning Organisations consider that Israel currently benefits from trade preferences in violation of international law.
4. Recommendations
· Totally or partially suspending the Association Agreement
In view of the large-scale human rights and humanitarian law violations committed by Israel and due to the fact that in practice the Agreement continues to cover goods produced in the Occupied Territories (in the settlements), we call on the EU to take negative measures under the agreement, such as the suspension of trade benefits. The motivation for the suspension should be made public and reassessed regularly in view of eventual progresses made.
· Setting-up a monitoring mechanism of the human rights situation in the Occupied Territories and Israel.
· Calling for the withdrawal from all the Occupied Palestinian Territories
The European Union should call for an immediate and complete withdrawal from all the Occupied Palestinian Territories in conformity with the relevant UN resolutions, granting the right to self-determination of the Palestinians and the granting of the right to return to the Palestinian refugees.
· Initiating the presence of an international protection force
The European Union should urgently sponsor an international force for the protection of the population in the Occupied Territories.
We hope that the European Union will address in an effective way the issue of occupation as well as the serious human rights violations committed by Israel and take all necessary measures for the implementation of the human rights clause of the Association Agreement. If it fails to do so in breach with its legal obligations, the EU will continue loosing its credibility in the eyes of EU citizens and human rights defenders in the region.
Yours sincerely,
Abdelaziz Bennani,
President of the Euro-Mediterranean Human Rights Network (EMHRN)
Sidiki Kaba
President of the International Federation for Human Rights (FIDH)
Eric Sottas
Director of the World Organisation Against Torture (OMCT)