Madison-Rafah Journal

Today, 10 July 2007, Al Mezan Center for Human Rights issued a new report on Israel's decision to suspend Gaza's custom code and the implications of this decision on Gaza's already paralyzed economy. The decision is expected to incur dire human rights and humanitarian implications in Gaza.

The report indicates that on 21 June 2007 Israel decided to suspend this code; thus erasing Gaza from the economic map. Practically, the decision renders Gazan import and export activities through Israel's ports impossible. Almost 100% of Gaza's imports and exports pass Israeli ports, especially as such activities have been halted through the Rafah Crossing and both Gaza Airport and Gaza International Port require major construction to be able to function. Those need Israeli permission so that they can work.

The decision is expected to create serious impacts on the Palestinian economy with immediate effects on human rights and poverty. Without this code, Gaza's imports and exports cannot be cleared at Israeli ports, which already received instructions not to clear any cargo headed to Gaza.

The report indicates that the decision is contrary to the economic arrangements between Israel and the Palestinian Liberation Organization according to which the Palestinian National Authority's (PNA) areas are part of the Israeli custom frame. The decision comes in harmony with a series of measures Israel adopted and implemented in the course of its policy and siege on the Occupied Palestinian Territories (OPT). The report condemns this decision as an additional measure of collective punishment of Gaza's population in breach of Israel's obligations under international law.

Since 2005, Al Mezan has warned about the possible implications of such a decision, which is expected to cause scarcity of food and basic goods; including health materials and equipment. It is also expected that Gaza, while suffering a serious drop in income rates, will be faced with unprecedented rise of prices. Traders might have to pursue indirect importing paths as the only way to move goods into Gaza. Given the added expenses and time required for indirect importing activities, imports will reach Gaza much more expensive. In addition, it is expected that Gaza's industrial sector will be completely paralyzed in a very short time given the difficulty to import raw materials and impossibility to export the products.

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Since Hamas’ mid June 2007 takeover of the Gaza Strip, Al Mezan Center for Human Rights has welcomed the positive gestures articulated by Hamas officials that it would respect fundamental rights and freedoms. Al Mezan also commended the abolition of appearance and use of small arms in the streets and social events, which has had a positive effect on the security conditions in the Strip.

At the same time, Al Mezan has frequently stressed that Hamas is obligated to ensure full respect, protection and fulfillment of human rights in Gaza now that it has extended its de facto authority over the Strip. Those obligations accompany effective control by an authority over a population, external to its legal or political status. This opinion does not mean that other actors, such as Israel and the international community, do not bear obligations vis-à-vis human rights of Gaza's population.

After a month of Hamas' control of Gaza, Al Mezan has nevertheless documented serious violations of human rights. Many were conveyed by the Center to Hamas' officials in meetings with them. Al Mezan has publicly reported these meetings and their aim: to prevent violations of rights and restrictions on freedoms through positive dialogue. In these meetings, Hamas officials showed openness and understanding of the Center's concerns.

Al Mezan's efforts have been hindered by the frequent refusal of victims and eyewitnesses to give information about the conditions in which violations took place. Victims said they were afraid to give any information about their exposure to illegal detention, torture and degrading treatment.

According to documented information and evidences available to the Center, Gaza has seen increasing rates of violations of human rights and illegal conduct. Some of those are:

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30 August 2006

Dear distinguished representatives of the governments of the European Union,

As a specialized human rights organization located in the Gaza Strip, we write to express our deep concern over the situation of Rafah Terminal on the Gaza Strip-Egypt border. On 15 November 2005, an agreement was reached comprising two documents which reflected commitments on behalf of the Government of Israel (GoI) and the Palestinian National Authority (PNA), with regards to issues of movement and access, as well as principles for the working of Rafah Terminal (hereinafter: "the agreement"). The aim of this agreement was to facilitate the movement of people and goods within the Palestinian territories and "to promote peaceful economic development and improve the humanitarian situation on the ground".

The GoI has ignored its duties in this regard, however, which has led to serious humanitarian and economic consequences. We assert that Israel's authority over Rafah and Karni borders is just one example of the ways in which Israel continues to exercise effective control over Gaza. The use of this control as a tool for inflicting collective punishment against the Palestinians living in Gaza is contrary to international law and should not be endorsed by the European Union. Under no circumstances must the fundamental rights of the Palestinian people, such as freedom of movement, be used as a bargaining chip to negotiate a process that comes at the cost of these rights. Such a process should be based firmly on dignity and the principles of human rights and international law.

In the absence of an alternative functioning passenger crossing, Rafah crossing now constitutes the only link for Palestinians in the Gaza Strip with the outside world. Many facets of Palestinian life depend on the functioning of this crossing. It is the only operational point for access to healthcare, education and employment opportunities, all of which are vital for the development of Gaza's economy and the well- being of its population. According to the agreement, both Rafah and Karni economic crossing would "operate continuously". In reality however, Karni was fully or partially closed for 199 days, or 77% of the period between 15 November 2005 and 31 July 2006, while Rafah was fully or partially closed for 98% of the time during the same period.

Under the 1995 Interim Agreement, the West Bank and Gaza Strip legally constitute one territorial unit, and thus Israel should not restrict the flow of passengers or goods between the two areas. Effectively, the agreement states that bus and truck convoys should have been in effect from December 2005 and January 2006. Thus far, no buses have left Gaza, and the truck convoys leaving the Gaza Strip reached an average of only 19 trucks daily during the first three months of 2006, well below the required 150. The agreement committed the GoI to permitting the export of agricultural goods from Gaza and facilitating their speedy exit from Gaza in the interests of freshness. No exports have as yet been allowed through Rafah, and Karni has been closed for long periods at a time. Gazan farmers have suffered deeply and have had to destroy their own sources of livelihood due to the lack of possibilities to export fresh produce. Whereas Gaza's seaport represents another important potential source of economic development, the port also remains inactive despite a guarantee under the Agreement that construction of the port would begin immediately without Israeli interference.

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Al Mezan Center for Human Rights
Press Release, 09 Aug 2006

Israeli Occupation Forces (IOF) maintain the closure of Rafah Terminal, conducting psychological warfare against Palestinians as part of a collective punishment policy

The IOF are maintaining the closure of Rafah Crossing for the 45th consecutive day, demonstrating their indifference to the suffering of Palestinians. According to Al Mezan field sources, since two weeks and on a daily basis, the IOF informed Palestinian officials on the Palestinian side of the terminal of the intended opening of the crossing, which thus caused Palestinian passengers to pack their belongings daily and prepare for travel. They were later informed each day, however, that the crossing wouldn’t open. This practice has caused desperation and distress to passengers. [More]

Reference: 85/2006
Date: 3 Aug 2006
Press Release; www.Mezan.org

171 killed, including 34 children, since
the June 2006 IOF incursion of Gaza

The Israeli Occupation Forces (IOF) have continued using excessive and disproportionate force against Palestinian civilians, resulting in the killing and injuring of dozens of civilians. Just today, the IOF killed 8 Palestinians in Rafah, increasing the number of Palestinians killed since the beginning of the Israeli aggression against Lebanon to 106. The total number of Palestinians killed since the beginning of the Israeli military operation in Gaza code-named "Summer Rains" has reached 171, including 33 children under the age of 18. According to Al Mezan's field investigations, on 3 August between approximately 00:05 until 10:45am, the IOF fired 11 rockets at Amer neighborhood, and different areas of Al Shawka area in the southeast of Rafah town, killing the following 8 Palestinians:

- Ziad Soliman Aid, 20, shrapnel wounds to the head

- Adnan BAssam Abu Libda, 19, shrapnel wounds to the legs and abdomen

- Wa'il Mohammed Younis, 24, body blown into several pieces

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