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Title: Occupied Territories Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
THE OCCUPIED TERRITORIES
(including areas subject to the jurisdiction of the Palestinian
Authority and its successor, the Palestinian Interim Self-Government
Authority)
This report reflects the fundamental changes that have occurred in the
West Bank and Gaza Strip as a consequence of the implementation of the
Declaration of Principles (DOP) signed by Israel and Palestinian
representatives on September 13, 1993, and the Israeli-Palestinian
Interim Agreement on the West Bank and the Gaza Strip ("the Interim
Agreement") signed on September 28, 1995.
Beginning in May 1994, Israel transferred most responsibilities for
civil government in the Gaza Strip and Jericho Area to the Palestinian
Authority (PA). In late 1995, Israel began redeploying its forces from
the West Bank and turning over major towns and surrounding villages to
PA administration. Currently the PA exercises authority over about 2.2
million Palestinians in the West Bank and Gaza Strip. By year's end,
those areas in the West Bank and Gaza were largely administered by the
Palestinian Authority.
As of early 1996, the PA is being succeeded by an elected council
pursuant to the Interim Agreement. Accordingly, this report discusses
the policies and the practices of both the Israeli Government and the
Palestinian Authority in the areas where they exercise jurisdiction and
control.
The DOP and the Interim Agreement fundamentally altered the relationship
between Palestinians and Israelis. These historic agreements are part
of a process designed to end their conflict and to guide negotiations
concerning the future of the territories. The DOP provides for a 5-year
transitional period in which specified responsibilities are to be
transferred to Palestinian Authorities to permit the Palestinian people
of the West Bank and Gaza Strip to govern themselves.
Implementation of the process began in May 1994, when Israel and the PLO
agreed (the Gaza-Jericho Agreement) on the initial transfer of powers
and responsibilities relating to the Gaza Strip and the Jericho area in
the West Bank. In August 1994, the Government of Israel and the PLO
agreed (the Agreement on Preparatory Transfer of Powers and
Responsibilities) on the further transfer of five areas of
responsibility (education and culture, health, tourism, taxation, and
social welfare) in the rest of the West Bank, excluding Israeli
settlements. The transfer to the PA of responsibility for these areas
was completed in December 1994.
The Interim Agreement signed in September transferred additional spheres
of responsibility, including statistics, local government, insurance,
commerce and industry, fuel and gas, agriculture and labor. Israel
continues to be responsible for external security, and the overall
security for Israelis, including public order in the Israeli
settlements, foreign relations, and certain other areas. The Interim
Agreement also provides for the redeployment of Israeli forces, and
modalities for elections for the Palestinian Council and the chief
executive of its Executive Authority. The situation in the West Bank
and Gaza will continue to change as the Israelis and Palestinians
implement their agreements.
Israel occupied the West Bank, Gaza Strip, Golan Heights, and East
Jerusalem during the 1967 War. Under Israel-PLO agreements, the
permanent status of the West Bank and Gaza Strip, as well as the issue
of Jerusalem, are to be addressed in the permanent status negotiations
due to begin in May 1996.
The West Bank and Gaza legal regimes derive from Ottoman, Jordanian,
Egyptian, and British law, Israeli military orders, Israel-PLO
agreements, and decisions by the PA. The United States considers
Israel's authority in the occupied territories to be subject to the
Hague Regulations of 1907 and the 1949 Fourth Geneva Convention relative
to the protection of civilians in time of war. The Israeli Government
considers the Hague Regulations applicable and states that it observes
the Geneva Convention's humanitarian provisions.
Israel has governed the territories through the Israeli Civil
Administration (CIVAD), a body overseen by the Minister of Defense.
West Bank towns had been governed by Palestinian mayors appointed by the
Israeli Government, with some exceptions such as Hebron, Bethlehem, and
Nablus. In late 1995, the PA began to take over the administration of
other municipalities as part of the transfer of authority between Israel
and the PA. Following the redeployment of Israeli forces from most
Palestinian populated cities and surrounding villages in the West Bank,
the CIVAD was dissolved and replaced with the IDF's Office of
Coordination and Liaison, known by its Hebrew acronym "MATAK." The
election for the Palestinian Council and the chief executive of the
Executive Authority of the Council was held in January 1996 (see below).
In the past, Palestinian residents of East Jerusalem have been eligible
to vote in Jerusalem municipal elections, but have generally declined to
vote, claiming that Israel's annexation of East Jerusalem is illegal.
However, these residents voted in the January 1996 Palestinian election.
Israeli settlers in the territories (about 11 percent of the population
there) are subject to Israeli law and are better treated by Israeli
forces than Palestinians who have been subject to military occupation
law. Under the Israel-PLO agreements, Israel maintains jurisdiction
over the settlements and settlers during the transitional period. The
permanent status of the settlements will be addressed in future
negotiations.
Israeli security forces in the West Bank consist of the Israel Defense
Forces (IDF); the Shin Bet, or General Security Services (GSS); the
police; and the paramilitary border police. Military courts try
Palestinians accused in Israeli-controlled areas of security crimes as
defined by the Government of Israel. The Palestinian Police Force (PPF)
was established in May 1994 and consists of the Palestinian National
Security Force (PNSF); the Palestinian civil police; the Preventive
Security Force (PSF); Palestinian intelligence, or the Mukhabarat; the
civil defense force; and the Palestinian Presidential Security Force.
Palestinian police are responsible for security and law enforcement for
Palestinians and other non-Israelis in Gaza and in Jericho, and in
November and December took over security and law enforcement for West
Bank towns and surrounding villages except for Hebron City.
The economies of the West Bank and Gaza are small, poorly developed, and
highly dependent on Israel. Both areas rely on agriculture, services,
and to a lesser extent, light manufacturing. Many West Bank and Gazan
workers are employed at day jobs in Israel. The West Bank and Gazan
economies have been adversely affected by tensions caused by continued
terrorist incidents and closures of the territories by Israel, which
significantly limits the number of Palestinians permitted to enter
Israel, especially in times of heightened security alerts. The flow of
goods in and out of the West Bank and Gaza has been severely restricted
from time to time under the closures.
There were improvements in the human rights situation in the occupied
territories in 1995. As agreed to in the Interim Agreement, most of the
large Palestinian cities were placed under Palestinian control by the
end of 1995. The January 1996 election gave Palestinian residents of
the territories their first democratically elected representative body.
The Council will be responsible for the executive and legislative powers
transferred to the Palestinians under the Interim Agreement.
The numbers of Palestinians killed by Israelis, Palestinians killed by
other Palestinians, and Israelis killed by Palestinians, decreased in
comparison with 1994, in some cases dramatically. The number of
confrontations between Palestinians and Israeli security forces has also
dropped dramatically in the past 2 years.
With the continued implementation of the DOP, Palestinians steadily
acquired more opportunities to participate in political and economic
decisions that affect their lives. Moreover, Israel and the PLO have
continued to use channels and procedures established in 1994 for dealing
with a variety of their differences over political, economic, and
security matters. PA security forces have generally allowed opposition
rallies and demonstrations to run their course, without using excessive
force to prevent or disperse them. The PA has also issued licenses to
opposition and independent publications.
During 1995 Israeli civilians and military personnel were the targets of
repeated lethal terrorist attacks. There were credible reports that
Israeli security officials mistreated, and in some cases tortured,
Palestinians during arrest and interrogation. According to these
reports, Israel also utilized undercover units in possible extrajudicial
killings. Six Palestinians died in the custody of Israeli security
forces. Israeli military courts imposed harsh sentences on
Palestinians. Prison conditions remained poor. Discriminatory policies
on land and resource use and trade, and limits on freedom of movement
remained in place. There were continued restrictions imposed on the
ability of Palestinians in the territories to enter Jerusalem, and
travel between Gaza and the West Bank, as well as between Jericho and
the rest of the West Bank. Toward the end of the year, Israeli
authorities implemented new measures to facilitate travel and commerce
across the Erez checkpoint between Gaza and Israel, which incresed the
flow of Palestinian day laborers entering Israel.
The PA exercised jurisdiction in Gaza and Jericho since May 1994 and in
the remaining West Bank cities and surrounding villages since late 1995.
The process of institution-building has proceeded slowly, and in some
areas, such as the judiciary, there has been little progress. There
were credible reports that the Palestinian Police Force (PPF) mistreated
and in some cases tortured detainees, and did not comply with proper
arrest and detention procedures. International and local human rights
groups widely criticized the establishment in April of a state security
court to try terrorist or security cases. They maintain that this court
denies Palestinians the right to adequate legal defense and a fair and
public trial. Five detainees died in the custody of Palestinian
security forces. These incidents have been or are being investigated,
and some officers were disciplined internally. There were numerous
limitations on press freedoms, such as temporary closures of newspaper
offices, confiscation of publications, and prohibition on distribution.
There was societal discrimination against women and the disabled.
A number of Islamic groups, specifically the Islamic Resistance Movement
(HAMAS) and the Palestinian Islamic Jihad (PIJ), made a concerted effort
to undermine Israeli-PLO negotiations by killing Israelis and
discrediting the authority and effectiveness of the PA. In the worst
incident, two suicide bombers reportedly from PIJ killed 21 Israelis at
the Beit Lid junction in central Israel in January. Suicide bombers
also killed 18 others in several other attacks throughout the year.
There were also acts of violence against Palestinians committed by
Israeli settlers, including killings and the destruction of property.
Overall, the IDF was more effective in stopping or preventing such
attacks than in previous years. The number of Palestinians killed by
other Palestinians for alleged collaboration with Israel dropped
dramatically, continuing a downward trend for the third straight year.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
Credible sources report that Israeli undercover units, disguised as
Palestinians, killed at least 10 Palestinians during the year. At least
13 such killings occurred in 1994. The Israeli Government does not
publish its guidelines on the conduct of undercover operations in the
occupied territories.
These undercover units seek to arrest activists suspected of committing
serious crimes. According to human rights organizations, undercover
units deliberately kill suspects under circumstances in which they might
have been apprehended alive. Such operations normally take place at
night when there are few eyewitnesses. Accounts of witnesses, when
available, often differ from the IDF version.
Israeli authorities acknowledge that the undercover units conduct
operations among wanted Palestinians, but claim that such units observe
the same rules of engagement as other IDF units. They further claim
that the IDF investigates all killings and allegations of misbehavior.
However, human rights groups state that the investigations are not
conducted efficiently and rarely lead to serious punishment. The IDF
does not announce the findings of its investigations.
In January undercover soldiers killed 4 Palestinians, at least one of
whom was a wanted person, after one of them reportedly opened fire on
the undercover unit's vehicle. Eyewitnesses said that the Palestinians
were ambushed by the undercover unit and killed without an opportunity
to surrender. A foreign observer at the scene added that the soldiers
denied medical treatment to the victims.
At least six Palestinians died in Israeli detention, two apparently from
pre-existing medical conditions, one from an apparent suicide attempt,
two apparently as a result of beatings by other Palestinian inmates, and
one as a result of torture. Human rights groups claim that lack of
prompt and adequate medical attention while in detention aggravates the
medical conditions of ill prisoners, and overcrowded cell conditions
contribute to intra-prisoner violence.
In April detainee Abd Al-Samad Hereizaat died while in the custody of
Israeli security officers. Pathologists who performed the autopsy on
Hereizaat determined that his death--from a large edema and internal
hemorrhaging of the brain--was a direct result of torture. His
interrogator had reportedly shaken Hereizaat violently by the shoulders,
allowing his head to snap back and forth, causing injury to the brain.
Israeli press reported that Hereizaat's interrogators did not have
permission from the head of the GSS to exceed the "moderate physical
pressure" limits (see Section 1.c.). The Israeli Ministry of Justice
announced that the GSS agent involved would be brought before a
disciplinary tribunal, but not criminally charged. However, in October
the Israeli High Court of Justice issued an order to the Attorney
General requiring him to explain why the interrogator should not be
criminally prosecuted. At the recommendation of the Ministry of
Justice, the state attorney decided that criminal charges could not be
brought against the agent as he could not have foreseen that his actions
would result in death. The Public Committee Against Torture has brought
a petition before the High Court of Justice to show cause why no
criminal charges have been brought against the GSS agent. The agent was
later brought before a disciplinary tribunal on the grounds that he had
deviated from interrogation procedures. His case was still ongoing at
year's end.
During the year, Israeli settlers killed 4 Palestinians in the West Bank
and Gaza Strip. By comparison, there were 37 such killings in 1994, 29
of which took place in a single incident in Hebron. In one case in
August, a settler shot and killed a Palestinian demonstrating against a
makeshift campsite erected by settlers on disputed land. The settler
was arrested and charged with manslaughter and obstructing justice.
Settlers also engaged in several other attacks on the property and
persons of Palestinians in the West Bank and Jerusalem. Overall, the
IDF was more forceful in attempting to halt such attacks. The IDF has
imposed protective curfews on the Palestinian population when it expects
violence from settlers.
Human rights groups note that Palestinians often fail to report cases of
settler violence from fear of retribution by settlers, or of labeling as
collaborators with Israeli authorities. These groups claim that police
investigations of settler violence are often superficial, delayed, and
rarely lead to arrests or sentencing. The IDF has also complained of
police and court inaction against settlers and has resorted to
administrative orders restricting the movement of violent settlers. In
May the Government began exploring ways to enforce the law more
effectively.
Five Palestinians, including one who was also an American citizen, died
in the custody of PA security officers. Investigation determined that
one of the deaths was accidental and another due to pre-existing medical
conditions. The interrogators involved in those cases were disciplined.
The remaining three cases are still under investigation. Several
Palestinian officials have been sentenced for their role in some of
these cases.
In April a detainee, Muhammad Ahmad Mahmud Al-Jundi, who had been in the
custody of Palestinian police in Gaza for several months, was shot to
death on a street in Jabalya refugee camp, reportedly after police
officers either handed him over to members of the "Fatah Hawks," a
strike force formed during the Intifada, or alerted the group that he
was returning home. Al-Jundi was killed at the same location where he
was accused of having helped an Israeli undercover unit kill 6 Fatah
members in 1994. Eyewitnesses claim that 4 men in civilian clothes shot
the hooded victim numerous times at close range in full view of the
public. An investigation into the incident is ongoing. Five PA
intelligence interrogators have been arrested in the case, but not yet
tried.
In September detainee Azzam Rahim, a Palestinian who was also an
American citizen, died in the custody of PA intelligence officers in
Jericho. Members of his family reported that bruises and cuts were
visible on his head and face after his death. Results of an autopsy,
conducted on Rahim after he had been interred for several weeks, showed
that Rahim had broken ribs and appeared to have no heart damage, but the
report said it was not possible to determine the cause of death. Three
intelligence officers were sentenced for their role in the case. Two
were sentenced to 1-year terms and one for 7 years.
During the year, Palestinians killed 45 Israelis and 2 American citizen
tourists in the occupied territories and in Israel. This marked a
decrease from 75 persons killed in terrorist attacks in 1994. The worst
incidents were a January suicide bombing that killed 21 Israelis at the
Beit Lid junction in central Israel, and suicide bombings in Gaza, the
Tel Aviv suburb of Ramat Gan, and the Jerusalem Ramot Eshkol
neighborhood that left 20 dead, including two American citizens.
Palestinians also killed an estimated 14 Palestinians during the year,
for either suspicion of collaboration with Israeli security services or
as a result of criminal action, personal disputes, or street gang
infighting. This is a dramatic decrease from the 65 reported killed in
1994, the year the PLO leadership pledged that it would try to halt the
killing of "collaborators." Although these figures do not differentiate
between collaborator and other types of killings, the number of
Palestinians killed by Palestinians has continued to decline. There
were 149 in 1992 and 79 in 1993.
b. Disappearance
There were no reports of politically motivated disappearances attributed
to either Israeli or Palestinian security services.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
International, Israeli, and Palestinian human rights groups and
diplomats continue to provide credible reports indicating that Israeli
security forces are responsible for widespread abuse, and in some cases
torture, of Palestinian detainees. According to the reports, such abuse
takes place immediately after arrest and during interrogation.
According to the 1987 Landau Judicial Commission GSS interrogation
guidelines, torture is condemned but interrogators are allowed to use
"moderate physical and psychological pressure" to secure confessions and
obtain information.
Although there were fewer arrests in 1995, local human rights monitors
cite a marked increase in the number of complaints of mistreatment and
torture during interrogation, especially from those suspected of
belonging to Islamic groups. Interrogation sessions have reportedly
become longer and more severe. The frequency and duration of solitary
confinement has also increased. According to human rights monitors, the
GSS systematically uses interrogation methods which do not result in
detectable traces of ill-treatment on the victims or which leave marks
that disappear after a short period of time.
Common interrogation practices reportedly include hooding; forced
standing; tying the detainee in contorted positions; prolonged exposure
to extreme temperatures; blows and beatings with fists, sticks, and
other instruments; confinement in a small and often filthy space; sleep
and food deprivation; threats against the detainee's family; and threats
of death. Detainees have also been subjected to violent "shaking" by
their interrogators (see Section 1.a.). The apparent intent of these
practices is to disorient and intimidate prisoners in order to obtain
confessions or information. The International Committee of the Red
Cross (ICRC) declared in 1992 that such practices violate the Geneva
Convention.
Although Israel's Criminal Code prohibits torture, the GSS Chief is
permitted by law to allow interrogators to employ "special measures"
that exceed the use of "moderate physical and psychological pressure"
allowed in the Landau Commission guidelines when it is deemed necessary
to obtain information that could potentially save Israeli lives in
certain "ticking bomb" cases. The GSS first permitted interrogators
"greater flexibility" in applying the guidelines shortly after a bus
bombing in Tel Aviv in October 1994 that killed 22 Israelis. The
Government has not defined the meaning of "greater flexibility." At 3-
month intervals throughout the year, the Government approved the
continued use of "special measures," arguing that they were vital
because their use had prevented numerous terrorist attacks.
Israeli authorities maintain that torture is not condoned, but
acknowledge that abuses sometimes occur and are investigated. However,
the Government does not generally make public the results of such
investigations. There is a growing public debate within senior levels
of the Government as to whether some of the "special measures"
constitute torture and should be banned.
According to the Israeli press, five members of the Jerusalem police
were sentenced in September to jail terms ranging from 2 months
community service to 15 months imprisonment for mistreating Arabs from
East Jerusalem during questioning. The five were also charged with
fabricating evidence and violating the public trust.
Most convictions in security cases before Israeli courts are based on
confessions. An attorney is not allowed to meet with a client until
after interrogation, a process that may take days or, in some cases,
weeks. The Government does not allow ICRC representatives access to
detainees until the 14th day after arrest. Human rights groups point to
this prolonged incommunicado detention as contributing to the likelihood
of abuse. Detainees often claim in court that their confessions are
coerced, but judges rarely exclude such confessions. Human rights
groups assert that Palestinian detainees often fail to lodge complaints
either from fear of retribution or because they assume that their
complaints will be ignored.
There were 65 complaints submitted by Palestinian detainees resident in
the occupied territories against the GSS for mistreatment during
interrogation. All were forwarded to the Department for Police
Investigations at the Ministry of Justice, which investigates complaints
against the GSS. During the year, there were no known cases in which a
confession was disqualified because of improper means of investigation
or interrogation.
Human rights groups provided credible reports that PA security forces
abused, and sometimes tortured, Palestinian detainees. According to the
reports, such abuse takes place immediately after arrest and during
interrogation. The Gaza civil police commander issued a circular in
1995 that forbids torture during interrogation and directs the security
forces to observe the rights of all detainees.
A report produced by the Israeli human rights group B'tselem claimed
that mistreatment of detainees and improper arrest and detention
procedures by the Preventive Security Service (PSS) in Jericho reflects
PA policy. The Palestinian Centre for Human Rights (PCHR) and other
Palestinian human rights groups denied that there is evidence of
systematic abuse, but cited numerous incidents of mistreatment,
especially of detainees accused of collaboration with the Israelis, drug
trafficking, prostitution, rape, or membership in extremist groups.
Human rights monitors have reported the following abuses used by PA
police authorities: hooding, beating, tying in painful positions, sleep
deprivation, preventing medical care, and threats. In June, PA security
officials in Gaza arrested HAMAS spokesman Mahmud Zahar on charges of
incitement. Palestinian human rights organizations say Zahar was
severely beaten and his hair and beard were shaved as unusual and
degrading punishment.
PA investigatory committees have ruled that interrogators have been
negligent for not providing detainees with medical care upon arrest and
during interrogation, and for not following correct interrogation
procedures. PA security officials acknowledge that problems exist but
attribute most abuses to lack of training and education. Some security
officials involved in mistreatment of prisoners were disciplined.
Palestinian inmates of several Israeli prisons and detention centers
undertook hunger strikes throughout the year to protest either harsh
conditions or to pressure the Government to release prisoners as a
goodwill gesture during the peace process. Prisoners criticized
overcrowding, mistreatment, filthy and deteriorating conditions of cells
and tents, inadequate medical care, extended use of solitary
confinement, and in some cases, lack of visits by lawyers (see Section
2.c. of the Israel report).
The PA took over the administration of detention facilities in Gaza and
Jericho from Israeli security forces in May 1994. The physical
conditions at these facilities do not meet minimum international
standards. Food and clothing for prisoners are inadequate and must be
supplemented by donations from families and humanitarian groups. In
Jericho, for example, the one prison, a former police station, is
dilapidated and overcrowded with about 80 prisoners. The PA has not
allocated its Ministry of Justice adequate funds to make improvements.
d. Arbitrary Arrest, Detention, or Exile
Any Israeli soldier may arrest without warrant a person who has
committed, or is suspected of having committed, a criminal or security
offense in the territories, except for areas under exclusive PA control.
The vast majority of arrests are for alleged security offenses. Persons
arrested for common crimes are usually provided with a statement of
charges and access to an attorney, and may apply for bail. However,
these procedures are sometimes delayed. Authorities reportedly issue
special summonses for security offenses. Israeli Military Order 1369
stipulates a 7-year prison term for any person who does not respond to a
special summons delivered by a family member or posted in the Civil
Administration office nearest his home address. Bail is rarely
available to those arrested for security offenses. The courts treat
persons over age 12 as adults.
Persons may be held in custody without a warrant for 96 hours and then
released unless a warrant is issued. Prearraignment detention can last
up to 11 days for Palestinians arrested in the occupied territories and
up to 8 days for minors and those accused of less serious offenses.
Authorities must obtain a court order for longer detentions--up to 6
months from the date of arrest. Detainees are entitled to be
represented by counsel at their detention hearings. They must be
released at the end of the court-ordered detention if they are not
indicted. If there is an indictment, a judge may order indefinite
detention until the end of the trial. Detainees have the right to
appeal continued detention.
Although a detainee generally has the right to consult with a lawyer as
soon as possible, in security cases authorities may delay access to
counsel for up to 15 days. Higher ranking officials or judges may
extend this period an additional 75 days. Authorities must inform
detainees of their right to an attorney and whether there are any orders
prohibiting such contact.
Human rights groups charge that authorities sometimes schedule
appointments between attorneys and their detained clients, only to move
the clients to another prison prior to the meeting. Authorities
reportedly use such tactics to delay lawyer-client meetings for as long
as 90 days. Israeli regulations also permit detainees to be held in
isolation from family and other detainees during interrogation.
Israeli authorities claim that they attempt to post notification of
arrest within 48 hours. However, Palestinian suspects are often kept
incommunicado for several days after their arrest by Israeli
authorities, who do not inform their families of their whereabouts.
Palestinians assert that they generally locate the detainees through
their own efforts. The ICRC attempts to help by telephoning families
with information received from prison officials. A senior officer may
delay for up to 12 days notification of arrest to immediate family
members, attorneys, and consular officials. A military commander may
appeal to a judge to extend this period in security cases for an
unlimited time.
Israeli district military commanders may order administrative detention
without formal charges. In January the period of administrative
detention was extended from 6 months to 1 year, with renewals possible.
Many Palestinians administratively detained over the past 2 years have
had their detention orders renewed repeatedly with no meaningful chance
of appeal. One detainee is currently serving his fifth consecutive
order, which is due to expire in April 1996.
An estimated 220 Palestinians were in administrative detention in
Megiddo military detention center as of December, the same number as at
the end of 1994. According to the Mandela Institute for Political
Prisoners, 60 of the 220 administrative detainees had their detention
orders renewed.
Evidence used at hearings for administrative detention is secret and
unavailable to the detainee or his attorney. Authorities maintain that
they are unable to present evidence in open court because to do so would
compromise the method of acquiring the evidence, which is often provided
by informers whose lives would be jeopardized if their identities were
known. Detainees may appeal detention orders, or the renewal of a
detention order, before a military judge.
A HAMAS supporter who was arrested in January 1993 and was not
administratively detained, was held nonetheless until August 1995 after
21 hearings. An Israeli military court finally sentenced him to 42
months' imprisonment for belonging to HAMAS and providing support to its
members. In another case, security forces detained and interrogated a
reporter for a Palestinian newspaper for over a month (see Section
2.a.).
There were no deportations for security reasons in 1995.
As of December, an estimated 4,900 Palestinian prisoners and detainees
were incarcerated in Israeli-administered prisons, military detention
centers, and holding centers, a decrease from the 1994 figure of 6,050.
Since the beginning of the intifada in 1987, the Government has
routinely transferred Palestinian detainees from the occupied
territories to facilities in Israel, especially to the Ketziot detention
camp in the Negev Desert and Megiddo prison near Afula.
The restrictive procedures regulating the movement of goods and people
between the territories and Israel, which have been in effect since
1993, have made it impossible for those with security records to visit
imprisoned relatives in Israel, and has caused difficulty for other
family members and lawyers to visit as well.
Israeli security forces conducted several mass arrests in response to
acts or threats of violence against Israelis. For example, about 1,500
Palestinians suspected of belonging to HAMAS or Islamic Jihad were
arrested after the January Beit Lid suicide bombing. In October in
connection with the Interim Agreement, about 1,100 Palestinian criminal
and security prisoners were released from Israeli jails and detention
centers. Another 1,200 were scheduled to be released in January 1996.
The Palestinian police in Gaza conducted several mass arrests in
response to acts or threats of violence against Palestinians and
Israelis. These arrests were conducted without warrants against groups
whose members have engaged in violence. In most cases, Palestinian
authorities released detainees without charge within the 48-hour limit
stipulated by Gaza law, although some suspects remained in custody
longer.
The PA's Ministry of Justice requires that all detainees held beyond the
48-hour limit must be formally charged, but acknowledges that some
detainees are held longer without being charged. Gazan law allows the
Attorney General to extend the detention period to a maximum of 90 days
during investigations. According to the PA's Ministry of Justice, 45
opposition members were in detention as of September 26, compared with
20 members as of September 1, 1994. Authorities generally permit
prisoners to receive visits from family members, attorneys, and human
rights monitors, except for prisoners held in the Gaza central prison
security wing. In principle detainees may notify their families of
their arrest, but this is not always permitted.
The several PA security services have overlapping or unclear mandates.
Although only the civil police are authorized to make arrests, other
security services reportedly do so as well. The operating procedures
and regulations for conduct of police in the various services are not
well developed and have not yet been made available to the public. In a
letter to an international human rights group, the civilian police
commander in Gaza admitted that there have been problems regarding
proper arrest and detention procedures, which he attributes to either
ignorance of proper procedures or "bad habits" which certain officers
picked up during the "revolutionary period."
There are many detention facilities in Gaza and Jericho, a situation
that complicates the ability of families, lawyers and even the Ministry
of Justice, to track detainees' whereabouts. Many security services,
including Preventive Security, General Intelligence, Military
Intelligence, and the Coast Guard, have their own interrogation and
detention facilities. In general, these services do not, or only
sporadically, inform families of a relative's arrest. Most PA police
officers lack the training and knowledge of such things as proper arrest
procedures and human rights standards. In 1995 Palestinian human rights
groups conducted training at the PSS police academy in Jericho on such
matters, and have held human rights seminars for interrogators and other
officials.
Until the signing of the Interim Agreement in September, Palestinian
police did not have the legal authority to arrest, try, or imprison
Palestinians who committed crimes outside of Gaza or Jericho.
Reportedly for this reason, such suspects were usually released without
charge, sometimes after several weeks of detention. This activity also
resulted from the general vacuum of law enforcement of civil and
criminal cases in the West Bank, where the IDF concentrated almost
exclusively on security cases.
Prior to the Palestinian police deployment in the rest of West Bank
cities in 1995, there were numerous reports that officials from various
Palestinian factions, and Palestinians working for PA security services,
forced or persuaded--sometimes under false pretexts--West Bank suspects
to travel to Jericho for interrogation by PA security services.
e. Denial of Fair Public Trial
Palestinians accused by Israel of security offenses are tried in Israeli
military courts. Security offenses are broadly defined and may include
charges of political activity, such as membership in outlawed
organizations. Charges are brought by military prosecutors. Serious
charges are tried before three-judge panels; lesser offenses are tried
before one judge. Defendants have the right to counsel and to appeal
verdicts to the Court of Military Appeals, which may accept appeals
based on the law applied in the case, the sentence, or both. The right
of appeal does not apply in all cases and sometimes requires court
permission. The Israeli military courts rarely acquit Palestinians of
security offenses, but sentences are sometimes reduced on appeal.
Trials are delayed for several reasons: witnesses, including Israeli
military or police officers, do not appear; the defendant is not brought
to court; files are lost; or attorneys fail to appear, in some cases
reportedly because they have not been informed of the trial date. These
delays add pressure on defendants to plead guilty to avoid serving a
period of pretrial detention that could exceed the sentence. In cases
involving minor offenses, an "expedited" trial may be held, in which a
charge sheet is drawn up within 48 hours and a court hearing scheduled
within days.
By law most Israeli military trials are public, although access is
limited. Consular officials are allowed to attend military court
proceedings involving foreign citizens, but there have been delays in
gaining admission.
Most convictions in military courts are based on confessions. There is
practically no testimony provided by Palestinian witnesses because,
Israeli authorities maintain, Palestinians refuse to cooperate with the
authorities. Physical and psychological pressures and reduced sentences
for those who confess contribute to the likelihood that security
detainees will sign confessions. Confessions are usually spoken in
Arabic, but translated into Hebrew for the record because, authorities
maintain, many Israeli court personnel speak Arabic but few read it.
Crowded facilities and poor arrangements for attorney-client
consultations in prisons hinder legal defense efforts. Palestinian
attorneys report that appointments to see clients are difficult to
arrange, and that prison authorities often fail to produce clients for
scheduled appointments.
Israeli settlers in the West Bank and Gaza Strip accused of security and
ordinary criminal offenses are tried under Israeli law in the nearest
Israeli district court. Civilian judges preside and the standards of
due process and admissibility of evidence are not governed by military
occupation law. Settlers convicted in Israeli courts of crimes against
Palestinians regularly receive lighter punishment than Palestinians
convicted of similar crimes against either Israelis or other
Palestinians.
The PA inherited a court system based on structures and legal codes
predating the 1967 Israeli occupation. The Gaza legal code derives from
British mandate, Egyptian, and some locally generated law. Pre-1967
Jordanian law applies in those areas in the West Bank under PA control.
However, the body of law in both Gaza and West Bank has been
substantially modified by Israeli military orders. According to the DOP
and the Gaza-Jericho Agreement, Israeli military decrees issued during
the occupation theoretically remain valid in both areas and are subject
to review pursuant to a specific procedure. The PA is undertaking
efforts to unify the Gaza and West Bank legal codes, but has made little
progress.
The court system in general is still recovering from years of neglect.
Judges and staff are underpaid and overworked and suffer from lack of
skills and training; court procedures and record-keeping are archaic and
chaotic; and the delivery of justice is often slow and uneven. Judges
suffer from lack of police protection. The ability of the courts to
enforce decisions is extremely weak, and Palestinian courts in the West
Bank function sporadically. There is also administrative confusion in
the appeals process.
The PA Ministry of Justice appoints all civil judges for 10-year terms.
The Attorney General, an appointed official, reports to the Minister of
Justice and supervises judicial operations in both Gaza and Jericho and,
since late 1995, in other West Bank cities.
In February in response to Israeli and international pressure to take a
tougher stance on terrorism and to charges that extremist opposition
groups intimidated civilian court judges, the PA established a state
security court in Gaza to try cases involving internal or external
security. The court was established by special decree on the basis of
legislation in place during Egyptian control of the Gaza Strip from
1948-1967 and on a Palestinian constitution enacted in Gaza in 1962.
Three military judges preside over the court, which reportedly applies
civilian law. There is no right of appeal, but verdicts may be either
ratified or repealed by the head of the PA.
During the year, the PA State Security Court in Gaza handed down
sentences to at least 18 defendants, ranging from 25 years for
recruiting suicide bombers and assisting bombers to acquittal of all
charges. A similar court operates in Jericho under the same guidelines
as the Gaza court. It is headed by a senior police official and
presided over by three military judges. The State Security Court was
also used in Jenin in December, when it sentenced two former Fatah
"Black Panthers" to 9 years in prison and hard labor for abducting two
Israeli border policemen in Jenin in November.
Local and international human rights groups have criticized the PA State
Security Court, arguing that it is subordinate to the power of the
executive, undermines the independence of the judiciary, and violates
defendants' rights to a fair and open trial.
Normal limits on the length of pre-arraignment detention do not appear
to apply to suspects held by the PA security prosecutor. Defendants are
brought to court without knowledge of the charges against them or
sufficient time to prepare a defense. Court sessions often take place
on short notice, sometimes even in the middle of the night, often
without lawyers present. In some instances, the State Security Court
has tried a case, issued a verdict, and imposed a sentence in a single
session lasting several hours.
A Palestinian human rights organization estimated that 35 political
prisoners and 90 detainees suspected of "collaboration" with Israel were
incarcerated in the Gaza central prison as of December. This does not
include detainees who may be held in other detention facilities in Gaza.
Thirty "security prisoners" and 10 "military violators" (i.e.,
Palestinian security service employees facing prosecution) were
reportedly held in Jericho prison in November.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Israeli military authorities in the West Bank may enter private
Palestinian homes and institutions without a warrant on security grounds
when authorized by an officer of the rank of lieutenant colonel. In
conducting searches, the IDF has used forced entries, and has sometimes
beaten occupants and destroyed property.
In July IDF soldiers, without identifying themselves, reportedly
attempted to enter the home of a Palestinian with American citizenship
by force, and then opened fire on the house indiscriminately, damaging
the house and its contents while the family was inside. Undercover
units have also engaged in destructive and violent behavior during
searches, as well as harassment of families of wanted Palestinians.
Israeli authorities claim that forced entry may lawfully occur only when
incident to an arrest and when entry is resisted. They maintain that
beatings and arbitrary destruction of property during searches are
punishable violations of military regulations, and that compensation is
due to victims in such cases. The Government does not provide
information regarding such compensation.
Security forces may demolish or seal the home of a suspect, whether the
owner or tenant, without any trial. The decision to seal or demolish a
house is made by several high-level Israeli officials, including the
Coordinator of the Civil Administration and the Defense Minister.
Owners of houses ordered demolished have 48 hours to appeal to the area
commander; a final appeal may be made to the High Court. A successful
appeal generally results in the conversion of a demolition order to
sealing. After a house is demolished, military authorities confiscate
the land and prohibit the owner from rebuilding or removing the rubble.
The number of house demolitions and sealings continued to be low.
Authorities demolished one house for security reasons in 1995, compared
to one partial demolition in 1994. They also sealed the stairway to the
roof of one house, compared to five such sealings in 1994.
Israeli authorities ordered the demolition of the house of the Ramat Gan
suicide bomber. The family has appealed the order. The authorities
also ordered the demolition of the house of an alleged accomplice in the
attack, as well as the house of the Jerusalem suicide bomber.
Many human rights groups maintain that the sealing or demolishing of
homes is a form of collective punishment because such acts target
innocent families and children. The Israeli High Court has stated that
the goal of such demolitions is to deter terrorists.
Owners may apply to regional military commanders for permits to rebuild
or unseal their homes. In December 1994, the Israeli Government decided
to allow the opening or rebuilding of homes sealed or demolished as a
result of security offenses committed by a family member who had been
released from prison. Each former prisoner must apply for a rebuilding
or unsealing permit after which the Government will approve or reject
the application. In March the IDF unsealed about 40 houses in the West
Bank, many sealed since the 1970's, as a goodwill gesture to mark a
Muslim holiday.
The IDF continued using heavy weapons to destroy houses believed to be
the hiding places of security suspects. In at least 3 cases, houses
were destroyed apparently to punish families believed to have harbored
suspects. In one case in Hebron, 2 houses were demolished reportedly as
a result of their proximity to an orchard in which a wanted person had
sought refuge. According to official Israeli sources, 5 houses were
demolished in 1995 in military operations, a decrease from 12 in 1994.
A wall dividing two houses was also partially demolished in one military
operation.
Israeli security services sometimes monitor the mail and telephone
conversations of Palestinians resident in PA areas and the West Bank.
The authorities sometimes interrupt telephone service and electricity to
specific areas.
In Gaza and Jericho, the existing law requires that a chief prosecutor
issue warrants for entry and searches of private property. These
requirements are occasionally ignored in Palestinian police sweeps for
security suspects. Homes have been searched without the consent of
their owners; in some cases police have forcibly entered premises,
destroying doors and windows.
g. Use of Excessive Force and Violations of Humanitarian Law in
Internal Conflicts
The human rights organization B'tselem estimated 47 persons were killed
by Israeli security forces in 1995. Israeli forces killed a total of
108 persons in 1994.
Human rights monitors say that one reason for the decrease appears to be
a change in IDF tactics in confronting Palestinian demonstrators and
stonethrowers, as well as apparent Israeli decisions to keep away from
schools and other flashpoints. The IDF generally did not use deadly
force to disperse crowds, and adopted the use of batons, tear gas, and--
with less frequency--rubber bullets. There were still instances,
however, in which live ammunition was used to disperse peaceful crowds,
especially during demonstrations throughout the West Bank in solidarity
with hunger striking prisoners in June.
Palestinians killed 15 Israeli soldiers and civilians in the West Bank
and PA areas during the year, and 30 people in Israel. Extremists
associated with HAMAS and Palestinian Islamic Jihad were responsible for
most of the lethal attacks on Israelis.
According to an Israeli human rights organization, Israeli security
forces killed 4 Palestinian children under the age of 16. There were 15
such killings in 1994. Information on the results of the investigations
into these incidents was not available. Human rights groups report that
the IDF killed at least 3 Palestinians at military roadblocks and
checkpoints at Israeli borders and inside occupied Territory. In these
cases, the IDF said that the individuals were shot after they failed to
obey soldiers' orders to halt. The IDF said in late 1994 that it would
revise the open fire orders at the checkpoints, but has so far not
released any new orders.
IDF regulations permit the use of live ammunition only when a soldier's
life is in immediate danger, to halt fleeing suspects, to disperse a
violent demonstration, or to fire on an "individual unlawfully carrying
firearms." According to policy, soldiers should direct fire at the legs
only and may fire at a fleeing suspect only if they believe that a
serious felony has occurred and they have exhausted other means to
apprehend the suspect. It is forbidden to open fire in the direction of
children or women, even in cases of severe public disorder, unless there
is an immediate and obvious danger to a soldier's life.
In practice, soldiers, police, and undercover units used live ammunition
in situations other than when their lives were in danger (see Section
1.a.) and sometimes shot suspects in the upper body and head. Soldiers,
police, and undercover units also injured many bystanders, including
children, by live fire, rubber bullets, or beating while pursuing
suspects.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Israeli Government generally respects freedom of speech in East
Jerusalem and the West Bank, but prohibits public expressions of support
for Islamic extremist groups, such as HAMAS, and other groups avowedly
dedicated to the destruction of Israel. Continuing a policy began in
1994, the Government generally did not enforce the prohibition on the
display of Palestinian political symbols, such as flags, national
colors, and graffiti, acts which are punishable by fines or
imprisonment.
Overall, censorship of specific press pieces continued to be low.
Israeli authorities continue to restrict the Arabic press for security-
related issues. Military censors review all Arabic publications in East
Jerusalem for material related to the public order and security of
Israel and the occupied territories. Israeli security forces raided
several press offices in the West Bank and East Jerusalem on suspicion
of publishing or possessing material linking them to militant Islamic
groups, and seized files, equipment, and computer disks. In another
case, security forces detained and interrogated a reporter from An-Nahar
Palestinian newspaper for over a month on his relations with HAMAS
without bringing charges. The International Federation of Journalists
petitioned the Prime Minister to urge his release.
Reports by foreign journalists are also subject to review by Israeli
military censors for security reasons, and the satellite feed used by
many foreign journalists is monitored. PA authorities accused the
Government of being behind unexplained technical failures that cut off
communications several times to the PA "Voice of Palestine" radio
station located in Ramallah. PA authorities charged that these
unexpected service lapses coincided with news events that the Israelis
did not want reported on Palestinian radio.
Some areas continue to be closed to journalists, usually in conjunction
with a curfew or security incident. From time to time during security
closures, the IDF denies entry permits to Palestinian journalists
preventing them from attending their places of work in East Jerusalem.
The IDF requires a permit for publications imported into the occupied
territories. Imported materials may be censored or banned for anti-
Semitic or anti-Israel content. Possession of banned materials is
punishable by a fine and imprisonment.
Security forces raided and in some cases closed several mosques in 1995
after HAMAS pamphlets were found inside.
Palestinian universities and schools generally operated normally,
although students and teachers still had problems traveling between Gaza
and the West Bank. The Government denied to hundreds of Gazan students
the travel permits required to reach the West Bank or the residency
permits required to study or teach there. Some Palestinians were also
denied permits to travel to academic meetings abroad or to engage in
cultural exchange programs in Israel. Several private schools in
Jerusalem were shut down for weeks at a time during strict closures
after many teachers were unable to obtain permits to enter. In January
Israeli police raided a university in Jerusalem, destroyed property, and
arrested and reportedly beat several students.
Palestinians living in areas under the PA's jurisdiction have been
allowed to criticize PA performance and the peace process. The PA has
granted licenses to a variety of periodicals, including some published
by opposition groups. Nonetheless, the PA has a generally poor record
on freedom of expression and freedom of the press. The PA Press Law
published in 1995 has been described by Palestinian journalists as the
best in the Arab world, but it has not been adhered to in many cases.
PA officials imposed restrictions on the press in several instances,
including temporarily closing some opposition and mainstream papers, and
confiscating copies of others, including a Fatah publication. While
some were closed for publishing inflammatory material, others published
articles critical of the PA. There were credible reports that a
reporter from the mainstream An-Nahar newspaper was detained by security
forces for reporting on an alleged bomb factory in Gaza. On several
occasions, PA officials detained the editors of opposition papers.
There were also credible reports that senior PA leaders have intimidated
editors into practicing self-censorship, and pressured them not to
publish certain writers who are out of favor with the PA or Fatah
officials. In an incident in Nablus, a Palestinian professor who
published an article that labeled Yasir Arafat as a dictator received
anonymous threatening calls, and was later shot in the legs, reportedly
by local Fatah renegades.
In a report issued in September, Reporters Without Frontiers, a Paris-
based journalists' rights group, charged the PA with resorting to
"pressure, harassment, arrests, and suspensions" to stifle the
independence of the press. They labeled the PA Press Law as
restrictive, because it prevents criticism of the police and permits the
seizure of newspapers which do so. In
December PA police officials summoned an editor of Al-Quds newspaper,
Mahir Al-Alami, to police headquarters in Jericho, to question him about
his refusal to publish on Al-Qud's front page a story about PLO Chairman
Yasir Arafat. Alami was released after being detained without charge in
Jericho for nearly a week.
Under the August 1994 Agreement on Preparatory Transfer of Powers and
Responsibilities reached with the Government of Israel, the PA assumed
responsibility for all levels of education in the West Bank, in addition
to its jurisdiction in Gaza and Jericho.
There were no reports of PA interference with academic freedom.
b. Freedom of Peaceful Assembly and Association
Although Israeli military orders ban public gatherings of 10 or more
people without a permit, authorities relaxed enforcement after the
signing of the Declaration of Principles in September 1993. However, in
January after several well-attended Palestinian demonstrations against
confiscation of Palestinian land and settlement expansion, the IDF
banned demonstrations involving land issues. Private organizations are
required to register with the authorities, though some operate without
licenses. Authorities permit Palestinian charitable, community,
professional, and self-help organizations to operate unless their
activities are viewed as overly political or opposed to the DOP.
PA officials maintain that they do not impose restraints on freedom of
assembly, although they require permits for rallies, demonstrations, and
many cultural events. These were rarely denied. In a notable exception
in March, the PA refused permission for the Gaza Center for Rights and
Law to hold a seminar on the PA State Security Court. In Gaza, police
approval is required for "political" meetings at several specific large
meeting halls. Written permission is also required for buses to
transport passengers to attend political meetings. There have been no
reports that such permits or permissions were denied. In PA cities in
the West Bank, the PA requires permits for outdoor rallies and
demonstrations and prohibits calls for violence, a display of arms, and
racist slogans.
c. Freedom of Religion
The Israeli Government respects freedom of religion and does not ban any
group or sect on strictly religious grounds. It permits all faiths to
operate schools and institutions. Religious publications are subject to
the publications laws described in Section 2.a. The IDF raided several
mosques in the West Bank and closed some for several days or months
after "incitive material" was found on the premises.
The PA does not restrict the freedom of religion.
d. Freedom of Movement Within the occupied territories, Foreign
Travel, Emigration, and Repatriation
Israeli authorities continued to issue some Palestinians green identity
(ID) cards which signify that the bearer is a security risk and prohibit
the bearer's travel in or through Jerusalem and abroad. Issuance of the
cards is a form of punishment without formal charge or trial. According
to Arabic press reports, Palestinians with blue identity cards,
signifying they are residents of the Jerusalem area, must obtain permits
from Israeli authorities to enter the PA areas.
Closures of the West Bank and Gaza continued to occur in 1995. Any
Palestinian holding a Gaza or West Bank ID card was required to obtain a
permit to gain entrance to Israel or Jerusalem. Most Palestinians in
the West Bank and Gaza encountered difficulty in obtaining permits to
visit, work, study, obtain medical care, or attend religious services
outside of the West Bank and Gaza. Palestinian journalists, many
working for the foreign media, were denied entry during strict closures.
As a security precaution, Israeli authorities also banned West Bank
residents and Gazans from entering Jerusalem during major Jewish
holidays. Even with a valid permit, entry by Palestinians was subjected
to the decision of soldiers manning the checkpoints into Israel or
Jerusalem; these soldiers sometimes refused entry. In January women,
who previously did not need permits, were required to obtain them.
After March the IDF banned Palestinian vehicles from entering or exiting
Gaza.
Serious security incidents generally prompt the Government to cancel all
permits, forbidding completely Palestinian entry from the territories
and the PA areas for extended periods, and requiring Palestinians to
reapply for permits. Israeli officials acknowledge that no Palestinian
holder of a legal entrance permit has committed an act of terrorism in
Israel; terrorists have been either legal residents of East Jerusalem or
have entered Israeli territory clandestinely. Palestinian sources
report that Israeli police arrest at random an average of 1,000
Palestinians a month in Israel and Jerusalem for lack of entrance
permits. The offenders are often jailed for 48 hours and may be fined
up to $133.00.
The Israeli authorities have also closed off for security reasons the
Palestinian city of Jericho, inside the West Bank, from periods ranging
from hours to a 9-day closure in August. The August closure was imposed
during a period of contention with the PA concerning suspects in Jericho
who were wanted for the murder of Israelis. Many Palestinian non-
residents of Jericho, as well as tourists, were trapped in the city as a
result of the closure.
Curfews were still in use, generally in response to security incidents
or in advance of anticipated incidents, or as part of an on-going
security operation. Israeli settlers are generally free to move about
during curfews, while Palestinian residents are confined to their homes.
The Government has issued travel restrictions against 17 Israeli
settlers, prohibiting them from entering sensitive locations in the West
Bank. At least 18 Israelis living in Israel are prohibited from
entering any part of the West Bank. After the assassination of Israeli
Prime Minister Yitzhak Rabin in November, the Israeli Government clamped
down on extremist settler activities. About 50 settlers were charged
for activities that took place several months prior to the
assassination. Three settlers were charged with sedition, the first
time such charges have been issued for activities not related to the
Israeli-Arab conflict. One prominent settler later received a 6-month
prison sentence, plus a 6-month suspended sentence for rioting.
Seventeen settlers were placed under administrative detention, or house
arrest; administrative detention sentences usually range from 3 to 6
months. Three members of the extremist Kahane Chai organization were
imprisoned, although they were later released on appeal.
The Government requires all Palestinians resident in areas under Israeli
control to obtain permits for foreign travel and has restricted the
travel of some political activists. However, thousands of Palestinians
in the occupied territories travel abroad each year.
Bridge-crossing permits to Jordan may be obtained at post offices
without a screening process. Palestinian males between the ages of 16
and 25 who cross into Jordan must remain outside the territories for 9
months. Passports and identification cards for the residents of PA
areas are issued by the PA. In late 1995, the PA began to issue
documents to Palestinian residents throughout the West Bank.
Obstacles to travel by Palestinian residents of the occupied territories
include the inability to obtain a travel permit and the fear of losing
one's residency. Restriction on residence, tourist visas, reentry, and
family reunification apply only to Palestinian residents of the occupied
territories. Israeli authorities sometimes refuse to renew the laissez-
passers of Palestinians from the occupied territories who live or work
abroad, on the grounds that they have abandoned their residences.
The Government ordinarily does not permit Palestinians who obtain
foreign citizenship to resume residence in the occupied territories; nor
does it permit those who acquire legal residency abroad, or who remain
outside the occupied territories for over 3 years, to resume their
residency. Such persons are permitted to return only as tourists and
are sometimes denied entry entirely.
Israeli authorities also place restrictions on family reunification.
Most Palestinians who were abroad before or during the 1967 war
(estimated at one-fourth of the Palestinian population at that time) or
who have lost their residence permits for other reasons, are not
permitted to reside permanently with their families in the occupied
territories.
The CIVAD and its successor, MATAK, usually denied permanent residency
in the occupied territories to the foreign-born spouses and children of
Palestinian residents, and to nonresident mothers. The Government
usually issues temporary residency permits to persons in these
categories.
The PA does not restrict the travel of Palestinians in Gaza and PA
cities in the West Bank. However, a "safe passage" ensuring travel
between Gaza and PA cities in the West Bank for Palestinian residents
provided for in the Interim Agreement is awaiting implementation. The
PA Ministry of Civil Affairs requires women to show the written consent
of a male family member before it will issue them a travel document (see
Section 5).
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
For the first time in their history, Palestinian residents in the West
Bank, Gaza, and East Jerusalem went to the polls on January 20, 1996.
They elected an 88-member Palestinian Council and the head of the
Executive Authority of the Council. Despite calls for an election
boycott from the Islamist party HAMAS and other factions opposed to the
peace process, voter turnout was high, about three-fourths of the
estimated 1 million registered voters. Yasir Arafat won almost 89
percent of the vote in a two-person race for chief executive of the
Council.
Some 700 candidates ran for Council seats. Council members were elected
in multi-member electoral districts. The Council is expected to convene
in early 1996. On its agenda will be the tasks of drafting a basic law
specifying the powers of the Council. A sizable number of independents
and critics of Mr. Arafat and his Fatah faction, as many as 35, won
seats on the Council.
The election was monitored by hundreds of international and local
observers. They agreed that while there were some irregularities, the
election was generally satisfactory overall.
Most Palestinians in East Jerusalem do not recognize the jurisdiction of
the municipality of Jerusalem; less than 7 percent of Jerusalem's
Palestinian population voted in the November 1993 municipal elections.
No Palestinian resident of East Jerusalem sits on the city council.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
Many local groups--Israeli, Palestinian, and mixed--monitored the
Israeli Government's human rights practices. The Israeli Government
generally cooperates with human rights organizations; officials normally
agree to meet with human rights monitors. The Israeli Government
permits them to publish and hold press conferences. However, some
groups maintain that the Israeli Government does not adequately respond
to their inquiries and sometimes does not respond at all.
The director of a Palestinian Workers' Rights Center was arrested and
called in for several hours of questioning and accused of "encouraging
workers to use violence against their employers." The director said
such charges were unfounded, and several human rights and other
organizations worked for his release, including Israel's Histadrut Labor
Federation.
Many local human rights groups--mostly Palestinian--as well as several
international human rights organizations, monitored the PA's human
rights practices. The PA generally, but not always, cooperates with
these organizations and PA officials normally meet with their
representatives. The PA licensed a new human rights organization in
Gaza, the Palestinian Center for Human Rights. The PA also has a
cooperative relationship with the International Labor Organization.
Many of the Palestinian human rights organizations work behind the
scenes with the PA to overcome areas of alleged abuse. They also
publish criticism if they believe the PA is not responding adequately to
private entreaties. The PSS in Jericho is working with local
Palestinian human rights groups to train its members in proper human
rights procedures.
The ICRC operates in the PA areas under the terms of a memorandum of
understanding signed between the ICRC and the PLO. The memorandum
accords the ICRC access to all detainees held by the PA. However, the
ICRC has experienced difficulties in gaining access to all detainees.
PA officials did not grant
ICRC representatives permission to visit Gaza Central Prison from July
to December.
In February PA police arrested and detained for several hours Raji
Sourani, a Palestinian lawyer and director of the Gaza Human Rights
Center for Rights and Law. Sourani was arrested after the Center
published a report condemning the establishment of the PA State Security
Court. In December PA security officials in Gaza arrested the chairman
of the Palestinian Independent Commission for Citizen's Rights (PICRR),
Iyad Sarraj, and held him for 9 hours, reportedly for criticizing human
rights violations by the PA.
In September the head of Palestinian Preventive Security Service (PSS)
in Jericho labeled Bassam Eid, a Palestinian human rights field worker
from the Israeli human rights organization B'tselem, an "agent of the
Israeli police" after B'tselem released a report critical of PSS
treatment of Palestinian detainees. Human rights groups charged that
such a public statement put the researcher in danger because it implied
he was a "collaborator" with Israel. The PSS head has not publicly
retracted the statement.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
Women
Palestinian women living under military occupation face human rights
problems similar to those of men. In addition, Palestinian women both
in the occupied territories and in the Palestinian Authority areas
endure various forms of social prejudice and repression within their own
society. Because of early marriage, girls frequently do not finish the
mandatory level of schooling and often do not attend colleges and
universities because of cultural restrictions. While there is an active
women's movement in the West Bank and Gaza, attention has only recently
shifted from nationalist aspirations to women's issues such as domestic
violence, education, employment, and marriage and inheritance laws.
Although the issues of rape, domestic violence, and violence related to
"family honor" have gained greater prominence, public discussion is
generally muted. Victims are often encouraged by relatives to remain
quiet and are themselves punished or blamed for the "shame" which has
been brought upon them and their families. While women's groups seek to
educate women on these issues, women's rights advocates claim that few
resources are available to shelter the victims of violence. They also
maintain that society has not been receptive to providing counseling or
outreach services to victims of a problem they see as more widespread
than is acknowledged.
There are no reliable statistics available on family violence or other
forms of violence against women.
There are no laws providing for women's rights in the workplace. Some
Palestinian women work outside the home; a recent United Nations study
set the female workforce at 8.8 per cent in the West Bank and 1.7
percent in Gaza.
Women are underrepresented in most aspects of political and professional
life. There are almost no women in decisionmaking positions in the
legal, medical, educational, and scientific fields. However, a small
group of women is prominent in politics, medicine, law, teaching, and in
non-governmental organizations.
Personal status law for Palestinians is based on religious law. For
Muslim Palestinians, personal status law is derived from Shari'a
(Islamic) law. The PA Ministry of Civil Affairs requires women to
obtain the written consent of a male family member before issuing a
travel document. This requirement is based on Jordanian law. In the
West Bank and Gaza, Shari'a law pertaining to women is part of the
Jordanian Status Law of 1976, which includes inheritance and marriage
laws. Under the law, women inherit less than male members of the
family. The Marriage Law allows males to take more than one wife, but
few do so. Under this law, women are permitted to make "stipulations"
to protect them against divorce and questions of child custody.
However, only 1 percent of women take advantage of this section of the
law, leaving most women at a disadvantage when it comes to divorce or
child custody.
Children
Current British Mandate, Jordanian, and military laws, all of which
exist in the West Bank and Gaza, offer protection to children under
labor and penal codes. While there is no juvenile court system, judges
specializing in children's cases generally sit for juvenile offenders.
In cases where the child is the victim, judges have the discretion to
remove the child from a situation deemed harmful. However, the system
is not advanced in the protection afforded children.
There is no pattern of societal abuse of children, either among Israelis
or Palestinians.
People with Disabilities
There is no mandated accessibility to public facilities in the occupied
territories under either Israeli or Palestinian authority.
Approximately 130,000 Palestinians in the West Bank and Gaza are
disabled. Some Palestinian institutions care for and train disabled
persons; their efforts, however, are chronically underfunded. According
to a report by the
Palestinian human rights group Al-Haq, Palestinians with disabilities
are segregated and isolated from Palestinian society. They are
discriminated against in most spheres, including education, employment,
transportation, and access to public buildings and facilities.
National/Racial/Ethnic Minorities
Israeli settlers are treated more favorably under Israeli law and
practices than Palestinians under the complex mixture of laws and
regulations that apply to the territories. This includes the right to
due process, residency rights, freedom of movement, sales of crops and
goods, land and water use, and access to health and social services.
Travel restrictions are not applied equally (see Section 2.c.).
Similarly, the Government treats Israeli settlers involved in security
violations more leniently than Palestinians guilty of similar offenses
(see Section 1.a.).
Settlers and other Israelis opposed to the peace process established a
semi-permanent demonstration site outside Orient House, former
headquarters for the Palestinian bilateral negotiating team and center
of Palestinian political activity in Jerusalem for several months. At
times, the demonstrators harassed and bullied visitors, passersby, and
children at a nearby school.
The Israeli human rights organization B'tselem released a report in
September charging that the Government has failed to protect the lives
and property of Palestinians in Hebron from repeated attacks by settlers
there. Israeli security forces in Hebron were charged with acting half-
heartedly with regard to repeated acts of settler violence, including
attacks on property and beatings and stonings. In numerous cases, the
police conducted no investigation and only in isolated incidents were
those responsible brought to trial.
The same B'tselem report stated that from February 1994, when an Israeli
settler killed 29 Palestinians in the Ibrahimi Mosque in Hebron, until
the conclusion of B'tselem's research in August 1995, the IDF increased
its presence in the city and created a more restrictive environment for
Palestinians than in other West Bank cities. The IDF imposed 50 curfew
days and 40 curfew nights, erected 32 roadblocks and 10 manned
checkpoints, and closed entire sections of the city to Palestinians.
Section 6 Worker Rights
a. The Right of Association
Labor affairs in the West Bank came under Palestinian authority with the
signing of the Interim Agreement in September 1995. As a result, labor
regulations are currently in a transitional state because of the
transfer of authority. Palestinians are in the process of writing a new
labor law. In the meantime, labor matters in the West Bank are governed
by Jordanian Law 21 of 1965, as amended by Israeli military orders, and
in Gaza and Jericho, by PA decisions. The law permits workers to
establish and join unions without government authorization. The
stipulation by Israeli authorities that all proposed new West Bank
unions apply for a permit is no longer being enforced because of the
peace process. No new unions were established in 1995, although one
applied for registration. Israeli authorities have licensed about 35 of
the estimated 185 union branches now in existence. There are close to
30 licensed trade unions in the West Bank and 6 in Gaza.
PA officials are drafting a new labor law which reportedly provides for
the right to collective bargaining, the right to strike, a minimum wage,
maximum working hours, minimum age employment restrictions, and health
and safety regulations. It does not allow for the unionization of
domestic servants, family members of employers, and PA civil servants.
Palestinian workers in East Jerusalem are governed by Israeli labor law.
They are free to establish their own unions. Although the Government
restricts East Jerusalem unions from joining West Bank trade union
federations, this restriction has not been enforced. Palestinian
workers in East Jerusalem may simultaneously belong to unions affiliated
with a West Bank federation and the Israeli Histadrut labor federation.
West Bank unions are not affiliated with the Histadrut federation. West
Bank and Gaza labor leaders met formally with Histadrut officials for
the first time in 1994 and signed a cooperative agreement with Histadrut
in March 1995. The Government prohibits Palestinian workers who are not
resident in Israel or East Jerusalem from being full members of
Histadrut. Nevertheless Palestinian workers in Israel are required to
contribute 1 percent of their wages to Histadrut. Negotiations between
Histadrut and West Bank union officials to return half of this fee to
the Palestinian Union Federation were also completed in March 1995.
Palestinians who work in Israel are also required to contribute to the
National Insurance Institute (NII) which provides unemployment insurance
and other benefits. Palestinian workers are eligible for some, but not
all, NII benefits. Israeli authorities maintain that the CIVAD provided
Palestinian workers with tax allowances and other benefits that amounted
to adequate compensation, a process that Israeli-Palestinian peace
agreements have disrupted. According to the Gaza-Jericho agreement,
Palestinians working in Israel will continue to be insured for injuries
occurring in Israel, the bankruptcy of a worker's employer, and
allowances for maternity leave.
The Government has agreed to transfer the NII fees collected from
Palestinian workers to the PA, which will assume responsibility for the
pensions and social benefits of Palestinians working in Israel.
Implementation of this change is still underway.
The great majority of West Bank unions belong to the General Federation
of Trade Unions in the West Bank (GFTU) or the Workers' Unity Bloc
(WUB). In the summer of 1994, the GFTU, the WUB, other West Bank
unions, and the Gaza unions merged informally to create a single union,
the Palestinian General Federation of Trade Unions (PGFTU). Pending
elections (postponed until after the Palestinian general elections), the
PGFTU acted as the informal coalition in the completion of the
negotiations with Histadrut regarding workers' fees. The reorganization
of unions under the PGFTU--although not yet finalized--is intended to
enable the West Bank and Gaza unions to represent worker interests more
effectively.
Union membership has declined continuously since the intifada, in part
because the periodic closures of the occupied territories have
restricted the number of work permits issued to Palestinians. The
number of Palestinians working in Israel fell in 1995 because of the
closure and the Government's policy of hiring workers from abroad to
work inside Israel. An estimated 85,000 workers are members of the
GFTU, the largest union bloc. There are approximately 25,000 union
members in Gaza. The PGFTU estimates actual organized membership, i.e.,
dues-paying members, at about 30 percent of all Palestinian workers, and
is working to add more. Although the GFTU has participated in meetings
of the International Confederation of Arab Trade Unions (ICATU), the
PGFTU has yet to do so because of a conflict over jurisdictions. The
GFTU, the PGTTU, and the WUB have applied for membership in the
International Confederation of Free Trade Unions (ICFTU).
Since union organizations in the West Bank are associated with various
Palestinian political factions, Israeli authorities at times have
inhibited union activities in the West Bank and Gaza. That situation is
changing under the peace process, however, as Israeli authorities have
generally not interfered in union activity. At least one organization
organized by Islamists now operates legally.
West Bank unions held some elections in 1994, which were suspended until
after the Palestinian general elections. The CIVAD, which had the power
to remove candidates convicted of security and other offenses, did not
exercise that power after the DOP.
There has been no dissolution of unions by administrative or legislative
action. Under prevailing labor law, unions have the right to strike
only after submitting a complaint to the CIVAD for mandatory
arbitration, but in current practice, this law is not being executed.
Many small scale, non-union sanctioned strikes occurred in the West Bank
without Israeli interference. There are no laws in the territories that
specifically protect the rights of striking workers, and, in practice,
such workers have little or no protection from employers' retribution.
b. The Right to Organize and Bargain Collectively
A majority of workers in the occupied territories are self-employed or
unpaid family helpers in agriculture or commerce. Only 35 percent of
employment in the territories consists of wage jobs, most in services
provided by the United Nations Relief and Works Agency (UNRWA), the
CIVAD, or in municipalities. Collective bargaining is protected.
Although the CIVAD did not officially recognize collective agreements,
it nonetheless honored such agreements and did not interfere in them.
About 150 labor agreements were in force in the West Bank in 1995.
Labor disputes are reportedly adjudicated by committees of 3 to 5
members in businesses employing more than 20 workers. Existing laws and
regulations do not offer real protection against anti-union
discrimination.
There are no export processing zones in the occupied territories.
c. Prohibition of Forced or Compulsory Labor
There is no forced or compulsory labor in the occupied territories.
d. Minimum Age for Employment of Children
The minimum working age in the West Bank, Jericho, and Gaza is 14. This
order is not effectively enforced, and underage workers are employed in
agriculture and in some West Bank and Gaza factories. Work hours for
young workers are not limited.
e. Acceptable Conditions of Work
There is no minimum wage in the West Bank, Jericho, or Gaza area. In
the West Bank, the normal workweek is 48 hours in most areas; in Gaza
the workweek is 45 hours for day laborers and 40 hours for salaried
employees. There is no effective enforcement of maximum workweek laws.
The Israeli Ministry of Labor's Office of Inspection Services has been
responsible for enforcing safety standards in the West Bank. While it
maintains that it has undertaken inspections, health and safety
conditions in Palestinian factories and other businesses in the West
Bank and Gaza often do not meet international standards.
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