Message in a bottle

 

Egypt ‘to open Rafah border permanently’

Date published: 25th May 2011

Source: Al Jazeera Online

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Egyptian state news agency quotes military sources as saying the border with Gaza will be opened starting from Saturday.

There have been several attempts, some successful, to break the blockade on the Gaza Strip [GALLO/GETTY]

Egypt will permanently open its Rafah border crossing starting from Saturday, the country’s official news agency reported, easing a four-year blockade on the Gaza Strip.

The news agency MENA said on Wednesday that Egypt’s new military rulers set the date for the opening of the crossing as part of efforts “to end the status of the Palestinian division and achieve national reconciliation”.

It said the Rafah border crossing would be opened permanently starting on Saturday from 9am to 9pm every day except Fridays and holidays.

“Sources in national security told Al Jazeera that the military intended to open up the border,” our correspondent Ayman Mohyeldin, reporting from the capital, Cairo, said.

“A senior member of Hamas visiting Egypt has also confirmed that they have been notified that military will open the border,” he said.

Al Jazeera’s Nicole Johnston, reporting from Gaza, said, “It comes with no surprise, people of Gaza and Egypt have been waiting for the news for the last few weeks.”

However, it will not be a full opening as there will be some conditions on exit.

“It will allow basically all women to leave Gaza, also children under the age of 18 years will be allowed to leave as well as men over the age of 40 years. However, those between the age of 18 and 40 years will require Egyptian visa,” she said.

“Visa would have to come from Ramallah. Sources in Hamas say, they have been told by the Egyptian authorities over the last few weeks that they [Egyptians] do intend to open some sort of representative office inside Gaza so that people can get the visa from there.”

Sharp departure from past

The decision is a sharp departure from the policies of former president Hosni Mubarak, who had restricted the movement of people and goods through the Egyptian-Gaza border.

Our Cairo correspondent said that “mechanisms in place at the border are going to be very important to watch”.

“In fact, one of the military’s first and important announcements was to abide by all international agreements that the previous government had committed to,” he said.

“One of those agreements that have been previously made had to deal with the opening of the border in Gaza, particularly that the Rafah border had to be under the supervision of European monitors. Our sources indeed tell us that European monitors have not been notified that the border will be opening on Saturday.”

Concerns for Israelis

Certainly this is going to cause some concerns for Israel particularly Europeans as to what mechanism is going to be put in place,” our correspondent said.

Sources at Rafah say that it is unlikely all the mechanisms needed to be put in place can actually arrive and assume the kind of flow that is suspected to come out, he said.

“One of the biggest problems for Gazans besides a shortage of food and supplies has been the psychological impact of not allowing 1.5m people to move freely. There’s no doubt if the border is opened freely for all, there’s going to be a massive influx of Palestinians who would want to get out for the first time since the seize was put in place.”

A year ago Israel significantly eased its restrictions on cargo entering Gaza, but it still severely limits entry and exit of Gazans through its northern crossing into Israel.

Gazans have circumvented the blockade by operating hundreds of smuggling tunnels under the 15km Gaza-Egypt border.

The tunnels have been used to bring in all manner of products, as well as people.

Israel charges Hamas has used the tunnels to import weapons, including rockets that can reach main population centres in Israel’s centre.

The crossing has been mostly closed, in line with an Israeli blockade on the Gaza Strip, since 2007 when Hamas took control of the coastal territory.

Obama seeks Palestine state on 1967 borders

Date published: 19th May 2011

Source: Al Jazeera Online

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US president says borders of Israel and Palestine should be based on 1967 lines with mutually agreed land swaps.

Barack Obama, the US president, has laid out his vision for the Middle East and North Africa during a key speech in Washington.

On the issue of Palestine, Obama said: “The borders of Israel and Palestine should be based on the 1967 lines with mutually agreed swaps, so that secure and recognised borders are established for both states.

“The Palestinian people must have the right to govern themselves, and reach their potential, in a sovereign and contiguous state.

“As for security, every state has the right to self-defence, and Israel must be able to defend itself – by itself – against any threat.”

Israeli reaction

Reacting to the address shortly afterwards, Binyamin Netanyahu, the Israeli prime minister, said a Palestinian state should not be established at the “expense of Israeli existence”. He appreciated the US president’s address but rejected any withdrawal tp “indefensible” 1967 borders.

Al Jazeera’s Nisreen El-Shamayleh, reporting from Jerusalem, said: “In different parts of his speech Obama shifted from a view closer to the Israeli approach to negotiations and at other times closer to the Palestinian approach.

“He supported the Palestinian’s idea of territorial contingency – meaning that the Israelis would have to withdraw  from some of the settlement blocks in order for the Palestinian state to be viable and enjoy that contingency.

“He also talked about settlement construction had to stop. That is obviously another thing the Palestinians would like to hear from Obama.

“Obama more importantly talked about the status quo and how it was unsustainable. That is bad news for [Binyamin] Netanyahu [the Israeli prime minister].

“On the other hand, Obama supported other approaches of the Israelis that they share in common.

“In that Jerusalem will be discussed later … refugees will be discussed later … the Palestinian state has to be demilitarized … Israel must enjoy security.”

Obama’s speech came a day ahead of a visit to Washington by Netanyahu.

On Thursday, the Israeli interior ministry requested and received the approval of Netanyahu’s office ahead of his US visit to begin holding hearings on an additional 1,550 housing units in the settlements of Har Homa and Pisgat Ze’ev, both located beyond the 1967 borders.

Obama must take “concrete steps” not issue “slogans,” the Palestinian Hamas movement said on Thursday following the president’s speech.

Hamas response

“What Obama needs to do is not to add slogans but to take concrete steps to protect the rights of the Palestinian people and the Arab nation,” said Sami Abu Zuhri, a Hamas spokesman.

During his address to the US state department on Thursday, Obama said Bashar al-Assad, the Syrian president, must either lead his country through a democratic transition or “get out of the way”.

Obama said Syria’s brutal crackdown on pro-reform activists was unacceptable.

He said Assad could no longer rule through repression and must change course if he wants international acceptance.

More than 850 people are believed to have been killed in two months of unrest in Syria.

Obama’s speech came a day after he imposed sanctions on Assad and six other officials for human rights abuses during the crackdown.

The president said two leaders in the region had stepped down and that more may follow. The president also said the future of the US was bound to the region.

Iran ‘meddling’

Turning to Bahrain and Yemen, Obama said: “We must acknowledge that our friends in the region have not all reacted to the demands for change consistent with the principles that I have outlined today.

“That is true in Yemen, where President [Ali Abdullah] Saleh needs to follow through on his commitment to transfer power. And that is true, today, in Bahrain.

“We have insisted publically and privately that mass arrests and brute force are at odds with the universal rights of Bahrain’s citizens, and will not make legitimate calls for reform go away.

“The only way forward is for the government and opposition to engage in a dialogue, and you can’t have a real dialogue when parts of the peaceful opposition are in jail.

“The government must create the conditions for dialogue, and the opposition must participate to forge a just future for all Bahrainis.”

The president also said that Iran had “tried to take advantage of the turmoil there”.

Al Jazeera’s Alan Fisher, reporting from Cairo, said the speech basically translated to “democracy good, repression bad”.

“He slapped a few American allies, saying if people want change you can’t stand in the way,” Fisher said.

Economic investment

Addressing the death of Osama bin Laden, the president said the al-Qaeda leader was a mass murderer, not a martyr, whose ideas were being rejected even before he was killed.

Turning to Libya, he said: “In Libya, we saw the prospect of imminent massacre, had a mandate for action, and heard the Libyan people’s call for help.

“Had we not acted along with our NATO allies and regional coalition partners, thousands would have been killed.”

Obama also laid out a major economic initiative in the Middle East to encourage democratic change in the region, beginning with Tunisia and Libya.

The president said the Overseas Private Investment Corporation, a US government agency, “will soon launch a $2bn facility to support private investment across the region”.

“And we will work with allies to refocus the European Bank for Reconstruction and Development so that it provides the same support for democratic transitions and economic modernisation in the Middle East and North Africa as it has in Europe,” he said,

Joint-Statement: Nakba at 63 – Confronting the Ongoing Nakba

Authors: various

Published: 14th May 2011

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After 63 years of the Palestinian Nakba, and despite 20 years of unsuccessful peace negotiations, the Palestinian people continue to be denied their most fundamental and inalienable rights to self-determination, national independence, sovereignty and return to the homes and properties from which they have been forcibly displaced. Living under the Israeli apartheid regime and in forced exile away from the towns and villages, hills and olive groves that they call home, the Palestinian people remain steadfast in their struggle to end the systematic human rights violations committed against them and return to their homes of origin.

Meanwhile, the international community, especially the USA and the dominant member states of the UN continue to shield Israel from accountability and maintain extensive economic and diplomatic ties which finance and subsidize the Israeli regime. This persistent support has taken place under the guise of a ‘peace process’ which has worked to embellish Israeli violations with the facade of peace; a situation Israel has exploited to increase its international and regional economic and diplomatic links. As the pretense of negotiations falls away, so too does the cover it provides Israel to continue its policies, a reality reflected in the growing civil society response insisting upon the application of international law to end Israeli impunity.

An accounting for the collapse of the peace process, a failure now a recognized reality by all parties involved in it for the past 20 years, inevitably leads to the need to establish a strategy which puts the realization of Palestinian rights at its center and focuses on the practical action needed to bring Palestinian rights into reality, combining grassroots, civic struggle on the ground with international pressure on Israel to respect the rights of the Palestinian people.

The latest agreement between the two main Palestinian factions is an encouraging first step towards establishing such a strategy. However, genuine national reconciliation and unity can only come about through the inclusion of the Palestinian people in their entirety in contributing to and deciding upon the way forward for the Palestinian people. It is in this vein that the campaign for direct elections to the highest decision making body of the Palestinian people, the Palestinian National Council (PNC) was relaunched, to ensure that the voice of all Palestinians, including those with Israeli citizenship and refugees living forced exile are included.

These attempts at national unity take place against the backdrop of political transformations in neighboring Arab countries which reassert the power of people to take their fate in their own hands in seeking freedom, justice and equality. In 2011, the year of revolutions, it is as clear as ever that the Palestinian people are at the centerpiece of a regional-wide yearning for rights, denied to them by powers concerned more with geopolitical influence than upholding the rule and values of international law. Ending the particular systematic denial of rights suffered by Palestinians as a result of Israel’s regime of occupation, colonialism and apartheid is therefore intrinsically tied in with fate of the millions of demonstrators on the streets of the Arab world.

On the 63rd commemoration of the Nakba and as part of activities to confront ongoing forcible transfer of Palestinians by Israel, We the undersigned organizations call:

On the Palestinian leadership to:
• To adopt a coherent strategy which places at its forefront a just and permanent solution for Palestinian refugees and IDPs, based on their right to return and in accordance with international law, universal principles of justice and UN resolutions 194 (1948) and 237 (1967);
• Ensure genuine national reconciliation and unity as a matter of urgency, and rebuild the PLO as a legitimate and credible platform representing the entire Palestinian people and its political organizations through initiating direct elections to the PNC;
• Support and activate popular resistance in all forms permitted under international law.
• Establish a consultative mechanism with professional civil society organizations to support the efforts of the PLO in international fora.

On Civil Society, Governments, UN Members States, Organs and Agencies to:
• Support civil society led direct actions in solidarity with the Palestinian struggle such as the Gaza freedom flotilla;
• Build and expand the civil society-led movement for boycott, divestment and sanctions (BDS) against Israel until it complies with international law and exert stronger pressure on states to implement sanctions and adopt decisions and resolutions which support the global BDS Campaign;
• Redouble efforts for investigation of Israeli war crimes and crimes against humanity and prosecution and punishment of those responsible, as well as efforts to prevent Israel’s accession and integration into international and regional organizations.
• Implement international protection standards for Palestinian refugees and IDPs.

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– BADIL Resource Center for Palestinian Residency and Refugee Rights
– The Occupied Palestine and Syrian Golan Heights Advocacy Initiative (OPGAI)
– Defense for Children International/Palestine Section
– Addameer Prisoner Support and Human Rights Association
– Housing and Land Rights Network: Habitat International Coalition
– Joint Advocacy initiative -The East Jerusalem YMCA and YWCA of Palestine-
– Kairos Palestine
– The Grassroots Palestinian Anti-Apartheid Wall Campaign

Israel’s blockade of Gaza is cracking

Written by: Noura Erakat

Date published: 9th May 2011

Source: Al Jazeera English

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Sealing coastal territory undermines past diplomacy – and siege is likely to be broken by post-revolution Egypt.

Egypt has announced that it will open its border crossing with Gaza on a permanent basis, thereby reversing Egypt’s collusion with Israel’s blockade regime. The interim Foreign Minister, Nabil al-Arabi, has described support for the blockade by the previous Egyptian regime as “disgraceful“. While Israeli officials have responded to this announcement with alarm, they have limited capacity to undermine the new Egyptian government’s prerogative.

Since the capture of Israeli soldier Corporal Gilad Shalit in June 2006, the Rafah crossing has been closed to Palestinians in Gaza, except for “extraordinary humanitarian cases”. In June 2007, after Hamas’ ousting of Fatah, Israel imposed a naval blockade on Gaza and sealed its five border crossings with the territory. Egypt’s closure of Rafah made the siege comprehensive, and effectively cut off the 360sq mile Strip from the rest of the world.

The devastating impact of the blockade on Gaza’s 1.5million population, where food aid dependency has risen to 80 per cent,  has been defined as a humanitarian crisis by a broad range of international human rights and humanitarian aid organisations – including Human Rights Watch, UNRWA, Amnesty International, and the World Health Organisation.

Under the presidency of deposed leader Hosni Mubarak, Egypt only opened the Rafah border in response to exceptional crises, including during Israel’s Winter 2008/2009 offensive against Gaza and in the aftermath of Israel’s fatal raid on the humanitarian flotilla in June 2010. Rafah’s closure demonstrated Mubarak’s shared interest with Israel in undermining Hamas’ leadership.

Egypt’s post-revolution government is eager to reverse this policy – as evidenced by its successful brokering of a unity agreement between Fatah and Hamas and, shortly thereafter, its announcement that it will end its closure of Rafah. Egypt’s decision comports with enduring border-crossing agreements that have been suspended since 2007.

Egypt’s decision is a resumption of the status quo ante

According to the Agreement on Movement and Access(AMA), brokered by the US and the European Union to facilitate the transfer of authority for crossings from the Government of Israel to the Palestinian Authority following Israel’s unilateral disengagement from Gaza, Egypt is authorised to control the Rafah crossing on its side of the border, in cooperation with the Palestinian Authority.

Following internecine fighting in 2007, in which Hamas forces were routed from the West Bank but took control of the Gaza Strip, the border crossing agreement, along with Egyptian and EU participation was suspended -but not terminated.

The European Union’s Border Assistance Mission to Rafah (EUBAM), deployed to support a smooth transfer of authority at the border, has conditioned its presence on cooperation with Mahmoud Abbas’ Force 17, or the Presidential Guard.  Since Fatah’s ousting from the Strip the EUBAM has “maintained its operational capability and has remained on standby, awaiting a political solution and ready to re-engage“.

The EUBAM has extended its mission four times since suspending it in 2007, indicating the EU’s willingness to cooperate with the PA, should a political solution be reached between the rival Palestinian political parties. As recently as late March, the EUBAM Chief of Mission reaffirmed to Egypt’s ambassador to Israel the mission’s readiness to resume its tasks at Rafah.

Arguably, the Fatah-Hamas reconciliation removes impediments to EU and Egyptian cooperation at the Rafah crossing.

Vague though it may be, the agreement between Fatah and Hamas stipulates the rehabilitation of Palestinian security forces and a mandate to end the siege and blockade of Gaza. Although hostilities between the rival parties are ongoing, in theory, technical hurdles undermining the opening of the Rafah crossing have been overcome.

Accordingly, Egypt’s decision to open the Rafah crossing is commensurate with existing agreements and signals a resumption of the status quo ante. Israel can do little to challenge this policy on legal grounds and it lacks the political credibility to maintain the comprehensive siege by force.

Israel lacks political credibility to maintain Gaza blockade 

While 29 Democratic Senators have urged President Barack Obama to suspend US aid to the Palestinian Authority should Hamas join the PA government, European and international support for the unity government is robust.

On May 6, the EU announced that it will provide an additional US$85million in aid to support the PA in light of Israel’s withholding of $105million of tax revenue belonging to the Palestinian Authority. Similarly, UN Secretary-General Ban Ki-Moon – along with a coalition of donor nations – have urged Israel to release the Palestinian funds. Meanwhile, the United Nations’ envoy to the Middle East, Robert Serry, has described the unity government as “overdue“, demonstrating general international support for the unity government that includes Hamas.

Similar international support exists for ending the siege on Gaza. Especially since Israel’s raid on the Gaza flotilla in May 2010, support for the debilitating siege has steadily dwindled. In the aftermath of the fatal attack in international waters, even the US described Israel’s blockade as “untenable” and called on Israel to change its policy toward Gaza.

The White House not only supports an easing of the siege, but it also supports Egypt’s post-revolution government. Shortly after Mubarak’s departure, US Secretary of State Hillary Clinton traveled to Egypt to congratulate the new government – and promised it diplomatic support as well as economic aid. Although not impossible, it is unlikely that the US will challenge Egypt’s decision, which reflects the US’ blockade policy as well as the US-brokered AMA, and risk undermining the government’s nascent development.

Finally, within Israel, Prime Minister Benjamin Netanyahu lacks the political support necessary to take any significant risks. Opposition leader Tzipi Livni has accused Netanyahu of isolating Israel and stated that her Kadima party would not join a Netanyahu-led coalition even in the face of September’s “political tsunami”. Livni also opposes the Palestinian unity government, but explains “there is a difference between defending Israel and aiding the survival of a prime minister that only damages the country”.

In light of broad support for the Palestinian unity government, frustration with the ongoing blockade, enthusiasm for Egypt’s new government, and Netanyahu’s tenuous domestic standing, it is neither likely that Israel can mobilise significant political opposition to Egypt’s new policy, nor use force to respond to opening of the Rafah crossing.

Buoyed by impunity, the cover afforded by turmoil in the region, and the desire to establish its qualitative military edge in the region, Israel may nevertheless employ a military option to respond to the reopened crossing. Even if it does not use force at Rafah, it may brandish its military prowess by targeting the forthcoming Gaza flotilla, which will set sail for Gaza’s shores in late June. In light of the political balance, Israel’s choice to use force without a tangible military threat will exacerbate its already waning legitimacy.

Escaping this political trapping leaves Israel with little other choice than to urge the US to act on its behalf. Whether the Obama administration is willing to do so (the US Congress has already demonstrated its willingness) remains unclear in light of a fast-transforming Middle East, where US interests continue to hang in the balance.

Noura Erakat is a Palestinian human rights attorney and activist. She is currently an adjunct professor at the Center for Contemporary Arab Studies in Georgetown University. She is also a co-editor of Jadaliyya.com.

The views expressed in this article are the author’s own and do not necessarily reflect Al Jazeera’s editorial policy.

Palestinian factions in reconciliation bid

Date published: 28/04/2011

Source: Al Jazeera English

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Fatah and Hamas agree to form interim government and fix general election date following talks in Cairo.

Fatah, the Palestinian political organisation, has reached an agreement with its rival Hamas on forming an interim government and fixing a date for a general election, Egyptian intelligence has said.

In February, Mahmoud Abbas, the president of the Palestinian Authority and a member of Fatah, called for presidential and legislative elections before September, in a move which was rejected by Hamas at the time.

Abbas signalled on Thursday that peace talks with Israel would still be possible during the term of a new interim government formed as part of a unity deal with Hamas.

Abbas said the Palestine Liberation Organisation (PLO), which he heads and to which Hamas does not belong, would still be responsible for “handling politics, negotiations”.

He was speaking for the first time since the unity deal was unveiled in Cairo on Wednesday.

The deal, which took many officials by surprise, was thrashed out in Egypt and followed a series of secret meetings.

“The consultations resulted in full understandings over all points of discussions, including setting up an interim agreement with specific tasks and to set a date for election,” Egyptian intelligence said in a statement on Wednesday.

“The two sides signed initial letters on an agreement. All points of differences have been overcome,” Taher Al-Nono, a Hamas government spokesman in Gaza, told the Reuters news agency.

He said that Cairo would shortly invite both sides to a signing ceremony.

Speaking to Al Jazeera from Gaza, Ghazi Hamad, a senior Hamas official, said: “I think we are optimistic because … there is [an] official agreement between Hamas and Fatah, and I think we now have [an] impressive jump to the Palestinian unity.

“Maybe it does not come as a shock because I think it came as a fruit of long talks and discussion.

“I think that today we became very close to this agreement, we have finished some points. It is like [an] outline draft and I think it will be a good beginning.

“Maybe after that we will start on how to implement this agreement to be translated and practised on the ground.”

‘Geopolitical situation’

Marwan Bishara, Al Jazeera’s senior political analyst, said: “It is important news … the geopolitical situation wasn’t exactly helpful [to reconciliation] and then we went through six months of upheavals, certainly sweeping through Egypt.

“At the end, you could say that President Abbas has lost his patron in Egypt, which is President Mubarak, and Hamas is more on less facing almost similar trouble now, with Bashar al-Assad [Syria’s president] facing his own trouble in Damascus.

“So with the US keeping a distance and Israel not delivering the goods on the peace process and the settlements, it was time for Palestinians to come together and agree on what they basically agreed on almost a year and a half ago.”

Binyamin Netanyahu, Israel’s prime minister, said on Wednesday that Abbas could not hope to forge a peace deal with Israel if he pursued a reconciliation accord with Hamas.

“The Palestinian Authority must choose either peace with Israel or peace with Hamas. There is no possibility for peace with both,” he said.

In his televised statement, Netanyahu said Israel could not accept Hamas as a negotiating partner because it “aspires to destroy Israel, it says so publicly, it fires rockets on our cities, it fires anti-tank rockets on our children.”

He said that the surprise announcement of a reconciliation deal “exposes the Palestinian Authority’s weakness”.

And on Thursday, Avigdor Lieberman, the Israeli foreign minister said the deal marks the “crossing of a red line”.

Lieberman warned that the accord could lead to the militant group’s takeover of the Fatah-run West Bank.

But top Abbas aide Nabil Abu Rdaineh said the reconciliation did not concern Israel.

“The agreement between Fatah and Hamas movements is an internal affair and has nothing to do with Israel. Netanyahu must choose between a just peace with the united Palestinian people … and settlements,” Abu Rdaineh said.

Al Jazeera’s Sherine Tadros reported from Ramallah that “a lot of people would say that this was really an empty kind of ultimatum – what peace process, or what peace deal, is prime minister Netanyahu actually talking about?

“The peace process very much took a hit in the last few months. There has been no peace process taking place between the Palestinian Authority and Israel because of Israel’s insistence on building on land that is being negotiated on.

“So I think many months back, the PA and Fatah decided to take their own route, away from this peace process, away from US mediation and try to really go it alone.”

The US is reviewing further reports on details of the reconciliation, and while it supports Palestinian reconciliation, Hamas remains “a terrorist organisation which targets civilians”, Tommy Vietor, US National Security Council spokesman, said.

“To play a constructive role in achieving peace, any Palestinian government must accept the Quartet principles and renounce violence, abide by past agreements, and recognize Israel’s right to exist.”

Hamas does not recognise Israel as a state.

‘Bitter split’

Fatah holds power in the occupied West Bank while Hamas, which won the last parliamentary election in 2006, routed Abbas’ forces in 2007 to seize control of the Gaza Strip.

Rawya Rageh, Al Jazeera’s correspondent in Cairo, said: “This effectively will be ending a bitter split that Palestinians have been witnessing since 2007.

Rageh said the deal was expected to be signed next week and would be attended by Abbas and Hamas leader Khaled Meshaal, who is based in Damascus.

Nicole Johnston, Al Jazeera’s correspondent in Gaza, said: “One of the main civil society groups here is calling on all Palestinian factions to head down to the main square in Gaza City, the square of the unknown soldier, to begin the celebrations.

“It seems certainly in Gaza that there’s a need for some good news. It’s been a pretty rough month here in a lot of respects, an escalation of violence with Israel, the kidnapping and murder of a foreigner.

“So really, this kind of news … is a call for celebration.”

Wednesday’s accord was first reported by Egypt’s intelligence service, which brokered the talks.

In a statement carried by Egyptian state news agency MENA, the intelligence service said the deal was agreed by a Hamas delegation led by Moussa Abu Marzouk, deputy head of the group’s politburo, and Fatah central committee member Azzam al-Ahmad.

Al-Ahmad and Abu Marzouk said the agreement covered all points of contention, including forming a transitional government, security arrangements and the restructuring of the Palestine Liberation Organisation to allow Hamas to join it.

Speaking on Egyptian state television, al-Ahmad said a general election would take place within a year.

Mahmoud al-Zahar, a senior member of Hamas, said all prisoners with a non-criminal background would be released.

Due to Gisha’s Petition: Israel Reveals Documents related to the Gaza Closure Policy

Date published: 21/10/2010

Source: Gisha: Legal Center for Freedom of Movement

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Thursday, October 21, 2010: After one and a half years in which Israel at first denied their existence and then claimed that revealing them would harm “state security”, the State of Israel released three documents that outline its policy for permitting transfer of goods into the Gaza Strip prior to the May 31 flotilla incident. The documents were released due to a Freedom of Information Act petition submitted by Gisha – Legal Center for Freedom of Movement in the Tel Aviv District Court, in which Gisha demanded transparency regarding the Gaza closure policy.  Israel still refuses to release the current documents governing the closure policy as amended after the flotilla incident.

“Policy of Deliberate Reduction”

The documents reveal that the state approved “a policy of deliberate reduction” for basic goods in the Gaza Strip (section h.4, page 5*). Thus, for example, Israel restricted the supply of fuel needed for the power plant, disrupting the supply of electricity and water. The state set a “lower warning line” (section g.2, page 5) to give advance warning of expected shortages in a particular item, but at the same time approved ignoring that warning, if the good in question was subject to a policy of “deliberate reduction“. Moreover, the state set an “upper red line” above which even basic humanitarian items could be blocked, even if they were in demand (section g.1, page 5). The state claimed in a cover letter to Gisha that in practice, it had not authorized reduction of “basic goods” below the “lower warning line”, but it did not define what these “basic goods” were (page 2).

“Luxuries” denied for Gaza Strip residents

In violation of international law, which allows Israel to restrict the passage of goods only for concrete security reasons, the decision whether to permit or prohibit an item was also based on “the good’s public perception” and “whether it is viewed as a luxury” (section c.b, page 16). In other words, items characterized as “luxury” items would be banned – even if they posed no security threat, and even if they were needed. Thus, items such as chocolate and paper were not on the “permitted” list. In addition, officials were to consider “sensitivity to the needs of the international community”.

Ban on Reconstructing Gaza

Although government officials have claimed that they will permit the rehabilitation of Gaza, the documents reveal that Israel treated rehabilitation and development of the Gaza Strip as a negative factor in determining whether to allow an item to enter; goods “of a rehabilitative character” required special permission (section g, page 16). Thus, international organizations and Western governments did not receive permits to transfer building materials into Gaza for schools and homes.

Secret List of Goods

The procedures determine that the list of permitted goods “will not be released to those not specified!!” (emphasis in original) (section j, page 17), ignoring the fact that without transparency, merchants in Gaza could not know what they were permitted to purchase. The list itemized permitted goods only. Items not on the list – cumin, for example – would require a special procedure for approval, irrespective of any security consideration, at the end of which it would be decided whether to let it in or not.

Calculation of product inventory

The documents contain a series of formulas created by the Defense Ministry to compute product inventory (pages 8-10). The calculations are presumed to allow COGAT to measure what is called the “length of breath” (section i, page 8). The formula states that if you divide the inventory in the Strip by the daily consumption needs of residents, you will get the number of days it will take for residents of Gaza to run out of that basic product, or in other words, until their “length of breath” will run out.

According to Gisha Director Sari Bashi: “Instead of considering security concerns, on the one hand, and the rights and needs of civilians living in Gaza, on the other, Israel banned glucose for biscuits and the fuel needed for regular supply of electricity – paralyzing normal life in Gaza and impairing the moral character of the State of Israel. I am sorry to say that major elements of this policy are still in place“.

*Pagination is counted in the order the documents were received by the Ministry of Defense.

For translated excerpts of the state’s response initially refusing to reveal the documents for “security reasons”, click here.

To view the documents revealed by the state (translated from the original Hebrew into English), click here.

To view the FOIA petition submitted by Gisha (in Hebrew), click here.

Palestinians deported to Gaza

Source: Aljazeera English

Two Palestinians have been deported to the Gaza Strip from Israel, raising fears that more expulsions could follow under a controversial new Israeli military order. After nine years in Israeli jail, Ahmad Sabah, a 40-year-old Palestinian, was sent to Gaza, instead of being released to the West Bank where his family was waiting for him. Israelis sent him to Gaza because he had a Palestinian ID issued there. His family said that Sabah, who was arrested in 2001 for “security offences” against Israel, has no connection to Gaza and he has refused to leave the border crossing in protest at his treatment. “It is my right to return to my wife and family,” he said. ‘Inhumane policy’ The Israeli move drew condemnation from Palestinian political leaders, who denounced Sabah’s deportation as “inhumane”. Issa Qaraqi, the minister of prisoner affairs in the government of  Palestinian president Mahmoud Abbas, said that Sabah should have been released to the West Bank. “He has no connection to Gaza, no relatives there, nothing.” He said that the deportation was an example of Israel invoking the controversial new military orders that allow “illegal” residents of the West Bank to be expelled. But Israeli authorities denied the orders were behind the decision. “The individual’s release to the Gaza Strip was done in accordance with the Prison Service’s decision and in light of the location of his place of residence, and was not due to a repatriation order issued by any military commander,” the Israeli military said in a statement. Sabah’s case follows that of Saber Albayari, who was deported to Gaza after seeking medical treatment in an Israeli hospital on Wednesday. Albayari had been living in Israel for the past 15 years, but was returned to Gaza when Israeli authorities discovered that he had been born there. Some fear that the expulsions could be the first in a wave of deportations of Palestinians from Israel and the West Bank. Up to 70,000 Palestinians could be at risk of deportation under the military order, which has been roundly condemned by Arab politicians. Last week President Abbas vowed to confront the order. “Israel has no right to deport any Palestinian, and the Palestinian Authority will not allow it and will confront it with various means.” Al Jazeera’s Jackie Rowland, reporting from Jerusalem, said that the individual stories put a human face on what is a deliberate strategy by Israel to treat the West Bank and Gaza differently. “It fits into a pattern of Israel’s strategy to treat Gaza and the West Bank as separate geopoliticial entities,” she said.

Palestinian PM blasts Israel ID law

Source: Aljazeera English

Israel has defended a new policy that critics say could allow the Israeli military to expel tens of thousands of Palestinians from their own homes. The new legislation, signed off six months ago and due to be implemented on Tuesday, amends an existing order from 1969 to prevent infiltration into the country. The military policy now stipulates that all Palestinians in the occupied West Bank not carrying what Israel deems a valid identity card can be classified as “infiltrators”, and as such, could face deportation or up to seven years in prison. The Israeli military order does not specify what would be accepted as valid identification. Mark Regev, a spokesman for the Israeli government, denied that the amended measure was aimed at expelling Palestinians, but instead, said it would safeguard their rights. “What we’ve done here is we’ve strengthened the rights of people who face such deportation by creating … an independent judicial oversight mechanism, which makes sure there are checks and balances and that the legal rights of people are protected,” he told Al Jazeera. Under the old order, those served with deportation orders could be deported the same day, whereas the new amendments provide a 72-hour appeal period, he said. Vague language The controversial aspect of the measure, however, arises from the vague language now used to define an infiltrator, as reported by Israel’s Haaretz newspaper on Sunday. “The order’s language is both general and ambiguous, stipulating that the term infiltrator will also be applied to Palestinian residents of Jerusalem, citizens of countries with which Israel has friendly ties [such as the United States] and Israeli citizens, whether Arab or Jewish,” Haaretz said. “All this depends on the judgement of Israel defence forces commanders in the field.” Palestinian leaders in the West Bank have condemned the policy, saying it contradicts international humanitarian law as well as UN Security Council decisions. The measure “threatens the emptying of large areas of land from its Palestinian inhabitants,” Salam Fayyad, the Palestinian prime minister, said in a statement on Monday. “The order targets thousands of Palestinians from Gaza who work and live in the West Bank and could lead to their forced deportation to the Gaza Strip,” he said. Palestinians who have identification papers from neighbouring countries and foreign women married to Palestinians residing in the West Bank could also be affected by the changes.

Israeli forces besiege Prisoners Day commemoration

Source: Electronic Intifada

BEIT UMMAR, occupied West Bank (IPS) – A young Palestinian man died in Israeli custody as hundreds of Palestinians took to the streets of villages and towns across the West Bank and Gaza to commemorate Palestinian Prisoners Day on Friday, 16 April.

Raed Abu Hammad, 31, was found dead in his prison cell late on Friday after spending the last 18 months in solitary confinement.

The Hamas member was sentenced to 10 years in jail in 2005 for attempted political assassinations.

His lawyer Tareq Barghouti told the media that Hammad was on medication and psychologically ill.

The exact cause of his death is still being investigated after the Israeli authorities announced an autopsy was being carried out.

However, rights groups and fellow Palestinian prisoners, both current and former, have accused the Israeli Prison Services of maltreatment and neglect.

“Hammad is the 198th Palestinian prisoner to die in Israeli custody since 1967 when Israel occupied the West Bank and Gaza,” said Shawan Jabarin from the Palestinian human rights organization Al-Haq in Ramallah.

“Many of the deaths have been from natural causes. However, Israel has carried out a deliberate policy of maltreatment and neglect by denying appropriate medical treatment to ill Palestinians. This has aggravated their physical condition and hastened unnecessary deaths,” Jabarin told IPS.

“Several prisoners died from force feeding when they embarked on a hunger strike. Tubes were forced through their noses which subsequently caused damage to their livers.”

“Furthermore, approximately 20 Palestinians have died during Israeli interrogation from beatings and torture since the outbreak of the first Palestinian intifada in December 1987,” explained Jabarin.

Israeli human rights organizations forced the domestic intelligence agency, the Shin Bet or General Security Services, to change its methods of interrogation after taking the torture of Palestinian prisoners to Israeli courts.

There are now limits to the amount of physical abuse Israeli interrogators can apply to Palestinian prisoners during interrogation.

Palestinian prisoners and their families also accuse the Israelis of forcing the prisoners to endure unhygienic conditions, substandard food, beatings and the denial of family visits.

There are currently approximately 10,000 Palestinian prisoners in Israeli custody. Hundreds are being held in administrative detention or without trial.

Meanwhile, the Israeli military sealed off the village of Beit Ummar in the southern West Bank, north of Hebron, where a prisoner commemoration ceremony was taking place.

Several photographers working with IPS took photos of Israeli soldiers using a young boy as a human shield despite being shot at by the soldiers.

IPS managed to enter the village prior to the exits and entrances being blocked by soldiers as clashes broke out between Palestinian youths and Israeli soldiers.

The confrontations broke out after military jeeps entered the agricultural village and attempted to break up the commemoration.

The village committee had laid out hundreds of chairs and organized music for the celebration when it was stormed by the Israeli military.

Youngsters in the village had spent months rehearsing and preparing for the event which included speeches, dances, plays and music.

“You’ve got five minutes to evacuate the area,” barked the Israeli military commander to the organizers who tried to negotiate the peaceful withdrawal of the soldiers. “If you don’t leave we will arrest you all. This is not open to negotiation.”

“I tried to negotiate with the soldiers. I told them if they withdraw from the village we will control the youngsters. The place where the celebration was taking place is far from the main road and the settlements,” Mousa Abu Maria, an activist leader from the village, told IPS.

But the youths remained defiant and sat down on the ground and refused to move. After the Israeli soldiers withdrew to the entrance of the village, the commemorations continued.

Military jeeps then returned and were met with a hail of stones. They responded with tear gas, rubber-coated metal bullets and some live ammunition.

Sabri Ibrahim Awad, 15, was left bruised and limping after he was used as a human shield by the Israeli soldiers as he rode his bike past them. He was not involved in the clashes.

He was grabbed by the scruff of the neck and marched in front of the soldiers as rocks showered down. He was then cuffed and arrested and thrown into the back of a jeep.

Several hours later a traumatized Awad was released.

Israel security forces have used Palestinians as human shields both in Gaza and the West Bank despite international law and Israeli courts ruling this illegal.

The UN-commissioned Goldstone report admonished the Israelis for endangering the lives of Palestinian youngsters during Israel’s assault on Gaza in winter 2008-09.

While the Gazan youths faced live fire and Awad “only” faced rocks, Abu Maria said it represented a dangerous escalation in Israeli tactics.

“The soldiers have abused many youths in the village. But to take a completely innocent youngster and expose him to this danger is totally unacceptable,” Abu Maria told IPS.

In another development, the Israeli military has placed the West Bank under a complete lock-down for several days as Israel celebrates its independence.

This is the third time since the beginning of March that Palestinians from the West Bank have been sealed off from Jerusalem for days.

All rights reserved, IPS — Inter Press Service (2010). Total or partial publication, retransmission or sale forbidden.