[News] Israel/West Bank: Grant Palestinians Equal Rights - 52 Years into Occupation, Rights Suspension Unlawful, Unjustifiable
Anti-Imperialist News
news at freedomarchives.org
Wed Dec 18 12:15:53 EST 2019
https://www.hrw.org/news/2019/12/17/israel/west-bank-grant-palestinians-equal-rights#
Israel/West Bank: Grant Palestinians Equal Rights
*52 Years into Occupation, Rights Suspension Unlawful, Unjustifiable*
December 17, 2019
------------------------------------------------------------------------
(Jerusalem) – Israel
<https://www.hrw.org/middle-east/n-africa/israel/palestine> should grant
Palestinians in the West Bank
<https://www.hrw.org/middle-east/n-africa/israel/palestine> rights
protections at least equal to those afforded Israeli citizens, Human
Rights Watch said in a report released today, citing Israel’s 52 years
of occupation with no end in sight. The law of occupation permits
occupiers to restrict some civil rights in the early days of an
occupation based on limited security justifications, but sweeping
restrictions are unjustified and unlawful after five decades.
The 92-page report, “Born Without Civil Rights: Israel’s Use of
Draconian Military Orders to Repress Palestinians in the West Bank
<https://www.hrw.org/node/336507/>,” evaluates Israeli military orders
that criminalize nonviolent political activity, including protesting,
publishing material “having a political significance,” and joining
groups “hostile” to Israel. Human Rights Watch examined several case
studies to show that Israel unjustifiably relies on these sweeping
orders to jail Palestinians for anti-occupation speech, activism, or
political affiliations; outlaw political and other nongovernmental
organizations; and shut down media outlets.
“Israel’s efforts to justify depriving Palestinians of basic civil
rights protections for more than half a century based on the exigencies
of its forever military occupation just don’t fly anymore,” said Sarah
Leah Whitson <https://www.hrw.org/about/people/sarah-leah-whitson>,
executive director of the Middle East and North Africa division at Human
Rights Watch. “Given Israel’s long-term control over Palestinians, it
should at minimum allow them to exercise the same rights it grants its
own citizens, regardless of the political arrangement in place.”
Human Rights Watch conducted 29 interviews, primarily with former
detainees and lawyers who represented them, reviewed military court
indictments and decisions, and examined eight illustrative cases of
activists, journalists, and other Palestinians detained under
restrictive Israeli orders in the last five years. The report also
reflects substantive responses to the findings from the Israeli army and
police.
In the lead-up to the report release, the Israeli government, rather
than substantively responding to the Human Rights Watch report, has
chosen instead to impugn a Human Rights Watch staff member.
Other governments and international organizations concerned with the
rights of Palestinians should endorse a civil rights framework to
highlight the impact of Israel’s restrictive military orders in the West
Bank and press Israel to grant Palestinians full civil and other rights
at least equal to what it grants Israeli citizens, Human Rights Watch
said. Those should supplement such protections under the law of
occupation as the prohibition against building settlements, which remain
in place so long as the occupation persists.
The international law governing military occupation requires Israel as
the occupier to restore “public life” for the occupied Palestinian
population. That obligation increases in a prolonged occupation such as
Israel’s, as the International Committee of the Red Cross and Israeli
Supreme Court have said and the Israeli government itself has
acknowledged. The Palestinian population’s needs have increased over the
decades while Israel has done far too little to develop more narrowly
tailored responses to countering security threats that minimize rights
restrictions.
Suspending rights for a short period may temporarily disrupt public
life, but long-term, indefinite suspension cripples a community’s
social, political, and intellectual life. The longer an occupation, the
more military rule should resemble an ordinary governing system that
respects the standards of international human rights law that apply at
all times. In cases of indefinite occupation, such as Israel’s, the
rights granted to an occupied population should be at least equal to the
rights afforded the occupier’s citizens.
British Mandate-era regulations that remain in force in the West Bank
and military orders that Israel has issued since it captured the West
Bank in 1967 allow the Israeli army to strip Palestinians of basic civil
rights protections. The regulations, for example, allow Israel to
declare unlawful groups that advocate “bringing into hatred or contempt,
or the exciting of disaffection against” local authorities and to arrest
Palestinians for affiliation with such groups.
The military orders impose prison terms of up to 10 years on civilians
convicted by military courts for influencing public opinion in a way
that could “harm public peace or public order.” A 10-year sentence can
also be imposed on Palestinians who participate in a gathering of more
than 10 people without a military permit on any issue “that could be
construed as political” or if they display “flags or political symbols”
without army approval.
These sweeping restrictions apply only to the 2.5 million Palestinian
residents of the West Bank, excluding East Jerusalem, but not to the
more than 400,000 Israeli settlers in the same territory who fall under
Israeli civil law. That law, which also applies in East Jerusalem –
annexed by Israel, but still occupied territory under international law
– and in Israel, much more robustly safeguards the rights to free
expression and assembly.
“Nothing can justify today’s reality where in some places people on one
side of the street enjoy civil rights, while those on the other side do
not,” Whitson said.
According to data it provided to Human Rights Watch, the Israeli army
between July 1, 2014 and June 30, 2019 prosecuted 4,590 Palestinians for
entering a “closed military zone,” a designation it frequently attaches
on the spot to protest sites, 1,704 for “membership and activity in an
unlawful association,” and 358 for “incitement.”
In one example, the Israeli army detained Farid al-Atrash, 42, who works
for the Independent Commission of Human Rights, a quasi-official body of
the Palestinian Authority, for participating in a peaceful demonstration
in Hebron in February 2016 that called for reopening a major downtown
street to Palestinians. Military prosecutors cited provisions of
military law that prohibit political gatherings, pointing to his “waving
Palestinian Authority flags” and holding a sign that read “Open Shuhada
Street.”
They also accused him of entering a “closed military zone,” and “assault
of a solider,” but furnished no evidence of this offense. The
authorities released him after five days, but continue to prosecute him
more than three years later.
Israeli authorities also rely on military orders to ban 411
organizations, including all the major Palestinian political movements,
and to detain people affiliated with them. Israel’s association-based
claims against one banned organization, al-Hirak al-Shababi, appear to
focus on its protests against the Palestinian Authority, based on a
review of an indictment against Hafez Omar, an artist in Israeli
detention since March 2019. Military law affords no appeal of such bans.
Prosecutors have cited the broad definition of incitement under Israeli
military law to criminalize speech advocating resistance to the
occupation, even when it does not call for violence. For example, they
used the charge to justify detaining a 43-year-old activist, Nariman
Tamimi, over a livestream she posted to Facebook of an encounter between
her then-16-year-old daughter Ahed and Israeli soldiers in her front
yard in December 2017.
“Israeli military law in place for 52 years bars Palestinians in the
West Bank from such basic freedoms as waving flags, peacefully
protesting the occupation, joining all major political movements, and
publishing political material,” Whitson said. “These orders give the
army carte blanche to prosecute anyone who organizes politically, speaks
out, or even reports the news in ways that displease the army.”
*Excerpts from Selected Israeli Military Orders*
“A person who organizes a procession, assembly or vigil without a
permit, calls for or instigates their being held or encourages them or
participates in them in any way … shall be liable for imprisonment for
ten years or a fine of ten thousand liras, or both.” /Military Order 101/
“It is forbidden to hold, wave, display, or affix flags or political
symbols, except in accordance with a permit from the military
commander.” /Military Order 101/
“It is forbidden to print or publicize in the region any publication of
notice, poster, photo, pamphlet or other document containing material
having a political significance, unless a license is previously obtained
from the military commander of the place in which it is intended to
execute the printing or publication.” /Military Order 101/
“[T]he expression ‘unlawful associations’ means any body of persons …
which by its constitution or propaganda or otherwise advocates, incites
or encourages … the bringing into hatred or contempt of, or the exciting
of disaffection against [local authorities].” /Defense (Emergency)
Regulations of 1945 (enforced by the Israeli army)/
“A person who [a]ttempts, orally or otherwise, to influence public
opinion in the Area in a manner which may harm public peace or public
order, or … [c]arries out an action expressing identification with a
hostile organization, with its actions or its objectives or sympathy for
them, by flying a flag, displaying a symbol or slogan or playing an
anthem or voicing a slogan, or any similar explicit action clearly
expressing such identification or sympathy, and all in a public place or
in a manner that persons in a public place are able to see or hear such
expression of identification or sympathy – shall be sentenced to ten
years imprisonment.” /Military Order 1651/
--
Freedom Archives 522 Valencia Street San Francisco, CA 94110 415
863.9977 https://freedomarchives.org/
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://freedomarchives.org/pipermail/news_freedomarchives.org/attachments/20191218/9296a522/attachment.htm>
More information about the News
mailing list