SECTION 1: [Continuation]
E: A view by
Human Rights Watch/UN
Human Rights Committee
We have no illusion about the New York-based Human Right
Watch: despite its multiple efforts to depict itself as an independent
organization and despite that vibrant name it gave to itself, the
Zionist-infiltrated and western-biased
HRW is a cultural and media organ of US imperialism that divulges American
imperialist propaganda under countless subterfuges and rhetorical semantics.
Nevertheless, the extract we are about to mention is significant because HRW
did not play with the basic facts since to report them was the UN Human Rights
Committee. [1]
Curiously, since both the UN Human Rights Committee and HRW
are politically controlled by the United States, neither organization dared to
name episodes that are synonymous with and reflect racism as such, but limited
themselves to call the collective racist measures enacted by Israel as:
�discrimination.� Discrimination, however, is a weak denomination for certain
civic practices that are not necessarily racist. In addition, to dilute the
issue of Israel�s open racism and equate between occupiers and occupied, both
organizations cited human rights violations by the so-called, �Palestinian
Authority.� Why put Israeli racism and violations by the PA at par?
In replying to this question, we have to note first our
opposition to the PA acting on behalf of the Israeli occupation since this
�authority� has become, effectively, a full partner with the Israeli regime to
suppress the aspirations of the Palestinian people that democratically
disempowered it through a fair election. Second, accrediting this PA with independent
domestic policy �under occupation� is a preposterous attempt to confound the
issue, as who is really exercising human rights violations in Palestine?
It is all too
obvious that while Israel is manifestly engaging in patent collective racism
against the Palestinians, the PA -- illegitimate by force of the 2006
Palestinian election -- is trying to survive as a nominal �personal� authority
enjoying benefits and privileges by intimidating all those Palestinians who
oppose its compromising/capitulating policies with the supremacist Zionist
state. But, emphatically, the PA�s practices do not share any trait with those
of Israel: for example, we have never witnessed that the PA demolished houses
over their occupants or attacked refugee camps with bulldozers and artillery!
Now back to the
issue, under the title �Human Rights Development� Human Rights Watch describes
Israeli acts of racist violence as follows:
The 1992 Basic Law: Human Dignity and
Liberty, Israel�s main law addressing human rights, defined Israel as a
religious state and did not prohibit discrimination or guarantee equality
before the law. Many laws and practices openly discriminated against ethnic and
religious minorities and against women on issues ranging from housing and
employment to personal status. Israeli law did not guarantee freedom of
religion, and as of mid-October, Israel had still not fully implemented a
two-year-old law allowing civil burial, and had no provisions for civil
marriage. On May 20, a Knesset bill providing for a three-year prison sentence
or NIS 50,000 (US$13,700) fine for �preaching with the intent of causing
another person to change his religion� passed its first reading.
The UN Human Rights Committee concluded in July that discrimination against
Palestinian citizens of Israel had produced �significantly lower levels of
education, access to health care, [and] access to housing, land and employment�
compared to Jewish Israelis. According to the Legal Center for Arab Minority
Rights in Israel (Adalah), the police response to demonstrations in September
against Israel�s confiscation of Palestinian citizens� land near Um al-Fahm
left 400 injured, some by live ammunition. Deputy Commander Elihu Ben-On
explained the police actions, telling reporters, �In the territories it�s
common in such situations to fire live munitions with intent to harm.� In July,
the interior ministry acknowledged that from 1984 to 1990 Israel had revoked
Palestinian women�s Israeli citizenship if they married non-citizen
Palestinians and lived with them in the occupied territories or Jordan.
Israel revoked permanent residency permits of Palestinian residents of East
Jerusalem who could not produce the many documents required to prove that their
�center of life� was within Jerusalem municipal boundaries. According to
interior ministry officials, 1,641 Palestinians and their families lost their
right to reside in Jerusalem between 1996, when the policy began, and August
1998. Five hundred other cases were under review. Individuals who lost residency
rights also lost health insurance and social benefits, and risked being barred
from reentering Jerusalem. [Compare the treatment of Israeli Palestinians to
Jews who have no familial connection to Israel, have never resided in or
visited Israel and yet these foreign Jews have a permanent right to Israeli
citizenship and residency. -- KP & BJS]
Workers� groups like the Tel Aviv-based Kav La�Oved/Workers� Hotline continued
to criticize government labor policies which left foreign and Palestinian
workers vulnerable to exploitation by employers and labor contractors. In
March, Labor Minister Eli Yishai announced plans to reduce the number of
foreign workers in the labor force from 10 percent to one percent by 2005,
replacing them with Palestinian workers from the West Bank and Gaza Strip. The
number of foreign workers had significantly increased after 1993 when Israel
severely limited West Bank and Gaza Palestinians� access to Israel and East
Jerusalem. Yishai promised to increase deportations of unregistered workers to
up to 2,000 per month and reduce processing of deportation orders to �about ten
days.� Israel jailed migrants pending deportation, and workers who could not
pay their repatriation costs sometimes spent up to six months in prison,
without judicial oversight, awaiting deportation.
Israel exercised full or partial control over 97 percent of the West Bank and
40 percent of the Gaza Strip, while the Palestinian Authority (PA), established
in 1994 pursuant to the Oslo Accords, had full control over the rest. Although
most Palestinians lived in areas under some degree of PA control, Israel
exercised extensive control over the freedom of movement of all West Bank and
Gaza Strip Palestinians, impeding the exercise of those rights dependant on
freedom of movement.
Israel had barred Palestinians living in the West Bank and Gaza Strip who
lacked hard-to-obtain permits from entering or transiting through Israel or
East Jerusalem since March 1993. The closure obstructed Palestinian economic
activity and access to health care, schools and universities, places of
worship, and family members in other parts of the territories or in Israeli
prisons. Despite Israeli claims that closure was a justified security measure,
the arbitrary nature of the procedures and criteria for issuing permits and the
policy�s imposition in an indiscriminate fashion on an entire population made
it an act of collective punishment.
Roadblocks used to enforce closure were a frequent point of friction, leading
to several deaths and numerous injuries. Two Palestinian infants died during a
closure and curfew imposed on Hebron in August, after soldiers blocked their
mothers from reaching hospitals. The Israeli Defense Force (IDF) characterized
the deaths as the result of �wrong judgment� and �an unfortunate
misunderstanding.� Even when IDF regulations were followed, the closure policy
sometimes resulted in deaths, as when three Palestinian workers were killed and
six others wounded on March 10 at a roadblock at Tarqumiya. Soldiers fired on
their van after it went out of control, apparently because of a mechanical
failure. General Uzi Dayan, then head of the army�s Central Command, told
reporters �During the two years that I have had this assignment, no soldier has
been brought to trial because of events that occurred when he was in the
field,� and in May a military prosecutor closed the investigation without
bringing charges.
Despite rules of engagement intended to minimize civilian injuries, the IDF and
border police were implicated in at least twelve other deaths and numerous
injuries during the first ten months of the year. On May 14, five Palestinians
were killed and as many as 300 wounded, some seriously, by soldiers using live
ammunition and rubber-coated bullets to disperse demonstrations in the West
Bank and Gaza. According to the Gaza-based Palestinian Center for Human Rights
(PCHR), forty-six of the seventy-one Palestinians injured in Gaza that day were
shot with live ammunition, and fifty-two were shot in the upper body.
As of mid-October Israel had not released the bodies of �Adel �Awadallah,
thirty-one, and his brother, �Imad �Awadallah, twenty-seven, killed by a police
special forces unit on September 10. Both were wanted by Israel for suspected
activities with the armed wing of the militant Islamic Resistance Movement,
HAMAS. The exact circumstances of the killings remained unclear, and Israel
refused requests for an independent forensic investigation. �Imad had been in
PA custody from March 29 to August 15, when he was reported to have escaped
from an unlocked cell. Brig. Gen. Yitzhak Eitan responded to early questions
about whether the men had an opportunity to surrender, saying �What do you want
me to do? Knock on the door?� West Bank commander Major General Moshe Yaalon
later denied charges by PA chief of intelligence Amin al-Hindi and others that
the two had been assassinated, saying �They tried to shoot the [police] dogs
and our men killed them.� [Insinuation: in the eyes of Israeli Jews, a
Palestinian life is worth less than a dog�s life. -- KP & BJS]
As of August, more than 3,000 Palestinians from the West Bank and Gaza Strip
were held in Israeli prisons, in violation of the Fourth Geneva Convention.
Almost 1,400 were serving life sentences. Many were held in poor conditions with
inadequate health care. In addition to these prisoners, as of mid-September at
least fifty-three other persons were held as administrative detainees under
similar conditions. Many had been held for years, without charge or trial and
without effective judicial review of their detention. The Supreme Court ruled
in November 1997 that administrative detention could be used to hold Lebanese
nationals as �bargaining chips��in effect, hostages�even though the detainees
were not themselves a threat to state security. The longest-held administrative
detainee, Ahmad Qatamesh, was released on April 15, after being held almost six
years without charge.
Torture or ill-treatment during interrogation by the General Security Services
(GSS) continued to be widespread and systematic. In January and May a
nine-member panel of the Supreme Court heard arguments on GSS interrogation
methods, but postponed ruling on whether these methods constituted torture
under Israeli law, although the U.N. found them to violate two treaties
prohibiting torture (see below). The Knesset also debated legislation that
would codify these methods in a new GSS Law, in effect legalizing torture, but
as of October the bill had not passed its final reading.
Israel�s demolition of Palestinian homes built without permits continued around
Israeli installations in the West Bank including East Jerusalem, displacing
hundreds. Building permits were almost impossible for Palestinians to obtain,
and according to Israeli officials as many as three thousand homes in the West
Bank could be subject to demolition. At the same time Israel targeted
Palestinian homes for destruction, Israel authorized massive housing
construction, tax incentives, and roads and related infrastructure for Jewish
settlements in the West Bank, including East Jerusalem. Government approval of
new construction often immediately followed attacks by Palestinians on
settlers, as in the decision in August to expand the Yitzhar and Tel Rumeida
settlements, and to allot NIS 90 million to build new settlements and expand
existing ones. In response to a survey in August by Peace Now that found 5,892
new units under construction in 142 settlements, while 2,888 completed units
stood empty, the Housing Ministry admitted that almost a quarter of all units
built by the government in the West Bank between 1989 and 1992 had never been
occupied.
Israel pressured the Palestinian Authority (PA) to extradite to it
approximately thirty-six �suspects and defendants� as a condition of progress
in Oslo Accord negotiations. The transfer of persons protected by the Geneva
Conventions to the territory of an occupying power is illegal, and extradition
to a state where there is substantial risk of torture is prohibited by the
Convention against Torture, which Israel has ratified.
How can we interpret such report? For instance, while
resisting occupiers is a right enshrined in the basic fabric of humanity,
Israel wants the PA to hand over such resisters that it calls �suspects and
defendants.� The question is: of what are the �suspects� suspected,
and what are these charges against these �defendants�?
In the US history of black slavery, if a slave escaped from his owner and someone sheltered the escapee, this someone had to return the slave to his �rightful
owner�; so does Israel want the resisters (enslaved by occupation) back as
owned objects or as a bargaining chip with a PA that gave away everything and
got nothing in return? Does the UN or HRW contemplate the situation under the
slavery paradigm?
We believe that people (especially those who claim to be
genuinely concerned about human rights) need to scrutinize the words, actions,
and motivations of self-professed human rights organizations. One should regard
with utmost skepticism the desire to a balanced human rights picture. When a
violent situation is between balanced sides and where no side has an upper hand
on the other side, then we would clearly expect a balance in reporting.
However,
when a self-professed human rights organization, like HRW, attempts to draw an
equivalency between an occupier and the occupied, the victimizer and the
victims, the exploiter and the exploited, then critical thinkers should take
umbrage at such Zionist, imperialist, corporatist deceit. Human rights
organizations have no rights whatsoever to stymie the victims of racism from
the right of self-defense. And they have no right, whatsoever, to usurp the
right of oppressed and occupied peoples to resist oppression and occupation.
Clearly, in historical Palestine the preponderant means of
violence are with the Zionists. The Zionists are also the dispossessors,
colonialists, occupiers, and oppressors. The Palestinians have every right to
defend themselves from further aggression against them and to resist the crimes
wreaked upon them. A human rights organization that does not acknowledge these
moral principles is but a tool of the violators of human rights.
Next: Part 5 of 12
NOTES
[1] �Racism
on the rise in the Jewish state,� Israeli Insider. Available at martinfrost.ws.
Kim
Petersen is co-editor of Dissident Voice and B. J. Sabri is an Iraqi-American
antiwar activist. Email them at Petersen_sabri@yahoo.com.