Open Letter to the Israeli Authorities: Gaza - Human rights defenders prevented from travelling to attend international conferences and meetings in Europe

Re: Gaza - Human rights defenders prevented from travelling to attend international conferences and meetings in Europe

The Euro-Mediterranean Human Rights Network (EMHRN), Avocats Sans Frontières (ASF) and the Observatory for the Protection of Human Rights Defenders (a joint programme of the International Federation for Human Rights - FIDH and the World Organisation Against Torture - OMCT) are writing to express their concerns regarding a decision of Israeli Military Administration (IMA) to reject the permits requests to exit Gaza submitted by four Human Rights Defenders (HRDs), including two winners of human rights awards, that had planned to travel to Brussels (via Jordan) to attend a major conference and meetings with counterparts in Europe. The applicants were Mr. Issam Younis, Director of the Al Mezan Center for Human Rights, who has recently received the Weimar International Human Rights Award, Mr. Mahmoud Abu Rahma, who works for Al Mezan Center for Human Rights, Mr. Raji Sourani, Director of the Palestinian Center for Human Rights (PCHR), winner of the Robert F. Kennedy Human Rights Award, and Mr. Iyad Nasr, spokesperson and IHL trainer of the International Committee of the Red Cross.

The HRDs were invited by the Swedish organization Diakonia and the Belgian organization Avocats Sans Frontières (ASF) to take part in a conference on the enforcement of international humanitarian law with regard to the Occupied Palestinian Territories (OPT). The conference was scheduled to take place on 13 and 14 September 2008. In addition, they were invited by the Irish organization Trocaire to take part in a review session on its work on Israel and the OPT, scheduled to take place between 14 and 19 September. Mr Raji Sourani was also invited by the EMHRN and the FIDH to take part in a delegation, composed of Israeli and Palestinian organizations that planned to meet officials from the European Union and member states, including cabinet members in Belgium, in order to raise human rights issues with them.

The permits request was submitted on 15 August 2008. On 2 September 2008, as there was no decision yet, the IMA was contacted by phone by the inviting organizations. They were informed during that phone call that the requests would in any case be denied “as travel abroad was involved”, and that there was thus no point in considering them. No security argument was raised, and it was even mentioned that if the events would take place in Israel or West Bank the request might have been considered. Palestinian and European human rights organizations requested the European Union and Member States to intervene and facilitate the HRDs’ participation in the events, where their presence, as representatives of the Palestinian civil society, was crucial. On 10 September, following interventions by officials of several EU Member States, Israeli officials at the Ministry of Defence said that the applications for permits of two out the four HRDs were accepted and that they could exit Gaza in a vehicle belonging to the Belgian Consulate.

Despite this official agreement, military authorities informed the EU Member State Officials on 11 September 2008, the day of the planned travel, that none of the four HRDs would be permitted to leave Gaza.

Israel continues to exercise substantial control over the land crossings for Gaza residents and exclusive control over the airspace and territorial waters. Further, Israel's control over substantial aspects of life in Gaza rises to the level of effective control under international humanitarian law, imposing upon Israel obligations under the Law of Occupation towards the civilian population which is under its control.

The Israeli Security Cabinet decision of September 2007 imposing restrictions on movement under the civilian population can be considered as a form of collective punishment, a measure strictly forbidden under International Humanitarian Law as stated in Article 50 of the Hague Regulations (Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land. The Hague, 18 October 1907):"No general penalty, pecuniary or otherwise, shall be inflicted upon the population on account of the acts of individuals for which they cannot be regarded as jointly and severally responsible.", Article 33 of the Fourth Geneva Convention: "No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited. Pillage is prohibited." and Article 75(2)(d) of the First Protocol Additional to the Geneva Conventions of 1977: “… (2) The following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by civilian or by military agents…(d) Collective punishments. »

We hereby want to raise the fact that such a decision not only denies the right to freedom of movement - protected by Article 12 of the International Covenant on Civil and Political Rights (ICCPR) : “Everyone shall be free to leave any country, including his own, and that “no one shall be arbitrarily deprived of the right to enter his own country.” and Article 13 (1) and (2) of the Universal Declaration of Human Rights (UDHR) :"Everyone has the right to freedom of movement and residence within the borders of each State." and (2): “Everyone has the right to leave any country, including his own, and to return to his country.” - but prevents independent and widely recognized Palestinian members of the civil society, with serious commitment to defend human rights and tolerance, to raise their voices and concerns in international fora, in contradiction with Article 5 of the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized international convention: “For the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels:(a) To meet or assemble peacefully;(b) To form, join and participate in non-governmental organizations, associations or groups;(c) To communicate with non-governmental or intergovernmental organizations.”

We would like to recall that by signing an Association agreement with the EU, Israel has committed itself to respect human rights and acknowledged the importance of civil society. Article 2 of the Association agreement provides that “Relations between the Parties, as well as all the provisions of the Agreement itself, shall be based on respect for human rights and democratic principles, which guides their internal and international policy and constitutes an essential element of this Agreement”.

Preventing HRDs from carrying out their work freely is an important reason for concern; it is also all the more counter-productive in the current context of conflict and of political instability in the Palestinian Territories. The lack of clear and appropriated motivation for the refusal to deliver the authorizations raises a number of questions regarding the decision-making processes of the administration.

Moreover, the described situation also prevent us, as human rights organizations working towards the promotion and respect of international law, from coordinating our activities and from carrying out our work in an effective manner, and thus to fully achieve our objectives.

We, the undersigned organisations, therefore call upon the Israeli authorities to review this specific situation under the light of the above mentioned regulations and principles of international law, and take the necessary measures to make the Israeli legal and administrative framework compatible with those principles.

We also urge the Israeli authorities to put an end to any kind of harassment against human rights defenders, as well as to conform with the United Nations Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, especially its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”.

Francesca Boniotti
General Director of ASF

Kamel Jendoubi
President of the EMHRN

Souhayr Belhassen
President of FIDH

Eric Sottas
Secretary General of OMCT

NB: The following EU representatives have been informed about this particular case : Mr. Bernard Kouchner, French Ministry of Foreign Affairs; Mr. Karel de Gucht, Belgian Ministry of Foreign Affairs; Mr. Carl Bildt, Swedish Ministry of Foreign Affairs; Mr. Louis Michel, EU Commissioner for Development and Humanitarian Aid; Ms. Ferrero-Waldner, EU Commissioner for External Relations and European Neighbourhood policy; Ms. Riina Kionka, Personal Representative of the Secretary General/High Representative of the EU on Human Rights; Mr. Marc Otte, Special Representative of the European Union for the Middle East Peace Process; Mr. Leonidas Tezapsidis, Head of Unit Near East, European Commission; Mr. Ramiro Cibrian Uzul, Head of the European Commission Delegation in Israel; Ms. Hélène Flautre, Chairwoman of the European Parliament sub-committee on human rights; Ms. Jana Hybaskova, Chairwoman of the EP Delegation for relations with Afghanistan.