In the past three months, Rafah International Crossing Point has
remained open. PCHR views this as a
positive development in comparison with previous periods. Despite the improvement there are still limited
categories of civilians who are allowed to travel via the crossing point. These
categories include patients who have medical referrals officially issued by
the Palestinian National Authority and patients requiring urgent medical
treatment; civilians who work abroad and who hold foreign residency permits and
their family members; students who study in universities in Egypt and who have
Egyptian residency permits and also students who are enrolled in international
universities who are transferred directly from the crossing point to Cairo
Airport; civilians who hold foreign passports and foreign passport holder’s
spouses and children; civilians who have “special coordination made by the
Egyptian authorities;” civilians who have valid Egyptian residency
permits; international delegations and missions, including humanitarian, human
rights and diplomatic delegations; and international journalists and some
people who hold Palestinian diplomatic passports.
PCHR views these measures as a positive development in respecting the
civilian population’s right to freedom of movement specifically their right to travel
abroad and return to Gaza whenever they want. However, PCHR hopes that additional
measures will be taken to extend the right to freedom of movement to and from Gaza
via Rafah International Crossing Point to all Gazans’.
More than two months have passed since Israel’s declaration they would ease
the illegal closure regime imposed on the Gaza Strip. However, to date, few changes have taken place
regarding the state of the border crossings. Statistics documented by the Palestinian Center for Human Rights (PCHR)
on the state of border crossings during the reporting period refute Israeli
claims with respect to easing
the closure imposed on the Gaza Strip and the reduction of restrictions imposed
on the entry of goods.
IOF have continued to completely prevent the movement of persons from
the Gaza Strip to Israel and/or the West Bank, including Jerusalem, except for limited
numbers of ‘humanitarian cases.’ In
a serious development, IOF started to
prevent a new category of patients, those suffering from blindness and
amputation of limbs, from traveling via Beit Hanoun (Erez) crossing to receive
medical treatment. IOF states that these patients do not need urgent medical
treatment instead claiming it is a luxury. As a result, the number of patients
denied access to Israeli and/or Palestinian hospitals in Jerusalem and the West
Bank have increased.
Although IOF have marginally increased the amounts and types of goods
allowed into the Gaza Strip since the beginning of August the few goods allowed
do not meet even the minimal level of Gaza’s actual needs. IOF has continued to
ban the import of construction materials for reconstruction and raw materials used
for production which are needed for the development of the economic sector in
the Gaza Strip.[1]
Even if most of the items and goods were allowed into the Gaza Strip, full
economic recovery would remain impossible because IOF continue to prohibit the
export of goods from Gaza. The Gaza Strip will remain dependant on
humanitarian aid due to the ongoing stoppage of production and the lack of
development opportunities. PCHR is concerned over the
institutionalization of the closure, as the international community appears to
accept Israel’s claim to have eased the closure.
According to PCHR’s observations, the variety of goods allowed into the
Gaza Strip increased slightly over the past few weeks. However, only 142 trucks were allowed compared
to 450 ones that used to enter prior to June 2006, and only 200 types of goods
were allowed compared to the 9,000 ones that used to be allowed into the Gaza
Strip prior to mid June 2006. PCHR notes
that most goods allowed into the Gaza Strip are foodstuffs, except for limited
quantities of wood, aluminum, glass, electric and gas ovens, electricity
cables, air conditioners, furniture, plastic chairs, clothes and shoes. PCHR believes that if IOF continue to allow
only limited types of goods into the Gaza Strip, the situation will deteriorate
and there will be no positive change.
IOF have also continued to impose a total ban on the export of all the
Gaza Strip’s products, mostly intended for the West Bank and Israel, since June
2007, when IOF tightened the closure on the Gaza Strip. The continuous prevention of the export of
the Gaza Strip’s products has resulted in large losses to the majority of
economic sectors, especially those which depend on marketing their goods in the
West Bank and Israel. As a result, most
industrial facilities have been completely closed.
The annual report of the United Nations Conference on Trade and
Development (UNCTAD) confirmed that the ongoing siege imposed on the Gaza Strip
and closure imposed on the West Bank have resulted in losses amounting to US
600-800 million annually; i.e. approximately 13% of the Gross Domestic Product
(GDP). In order to rehabilitate the Palestinian economy it is necessary to
remove all of the Israeli restrictions imposed on the movement of persons and
goods. The report emphasized that the policy of closure followed by Israel in
the West Bank in addition to the siege and latest Israeli offensive on the Gaza
Strip have resulted into direct and indirect losses amounting to millions of
dollars. The report found that there was
an unemployment rate of 44% in the Gaza Strip, an increase. This increase has
resulted in poverty levels rising to unprecedented rates. As a result, 61% of the Gaza Strip’s
population have faced food insecurity. This insecurity is due both to the
decline in the agricultural production by 60% over the past ten years and marginalization
of economic benefits of international aid because of the siege imposed on the
Gaza Strip and the Annexation Wall and closure in the West Bank. The report estimated the direct and indirect
losses to the Palestinian economy due to closure in the period 2008-2011 is US
3.9 billion, noting that the Palestinian economy loses 60,000-80,000 job
opportunities annually. As a result, the
total losses of job opportunities in the Palestinian economy have reached
260,000 ones during 2008-2011.[2]
The closure imposed on the Gaza Strip for more than three years
constitutes a violation of international law. Expanding the list of items allowed into Gaza does not change the
illegality of this policy, which is inconsistent with Israel’s legal
obligations both as an Occupying Power and under international human rights
instruments to which it is party, such as the International Covenant on Civil
and Political Rights. The Quartet have
noted that the situation of the civilian population of Gaza is unsustainable,
unacceptable and cannot be resolved by providing increased humanitarian aid. Therefore,
as confirmed by the International Committee of the Red Cross (ICRC), there is
no other sustainable solution other than the complete, immediate lifting of the
closure.[3]
PCHR emphasizes that in order to put an end to the severe crisis that is
affecting Gaza, a dramatic change in Israeli policy is needed. The illegal closure has caused not only a
humanitarian crisis, but a crisis of human rights and human dignity for the
population of the Gaza Strip. Measures
declared recently to ease the blockade are vague, purely cosmetic and fail to
deal with the root causes of the crisis. This crisis can only be addressed by
an immediate and complete lifting of the closure, including lifting the travel
ban into and out of the Gaza Strip and the ban on exports. PCHR is concerned that the new Israeli policy
is simply shifting Gaza to another form of illegal blockade, one that may
become internationally accepted and institutionalized. Palestinians in Gaza may
no longer suffer from the same shortage of goods, but they will remain
economically dependent and unable to care for themselves, and socially,
culturally and academically isolated from the rest of the world.
The following is a summary of the most significant
developments relevant to Gaza’s border crossings during the reporting period (16
– 31 August 2010):
IOF have continued to impose restrictions on all categories of persons
who are allowed to travel via Beit Hanoun crossing. These catagories include
patients suffering from serious medical conditions and transferred to Israeli
and/or Palestinian hospitals, Palestinians holding Israeli ID, international
journalists, workers of international humanitarian organizations and those
wishing to travel via al-Karama International Crossing Point on the Jordanian
border. IOF had completely closed the
crossing for four days to all categories of people. The most significant
developments relevant to movement through Beit Hanoun crossing were as follows:
– IOF closed the crossing for the movement of Palestinian
civilians throughout the 16-day reporting period. The crossing was completely closed for four
days with respect to those limited categories of persons who were allowed to
travel via the crossing. During the
reporting period, the crossing was partially opened for 12 days, during which
time 210 traders were allowed to pass via the crossing; i.e. an average of less
than 14 traders daily. It should be
noted that approximately 150 traders daily were allowed to travel via the
crossing prior to June 2007.
– Patients’ Conditions: IOF closed the crossing
for Palestinian patients from Gaza who were transferred to Israeli hospitals
and/or Palestinian ones in the West Bank for four days. During the partial opening of the crossing,
only 335 patients were allowed to pass via the crossing; i.e. an average of 21
patients daily – this figure represents 42% of the total number compared to the
first half of 2006. According to some reports, Palestinian patients are being
blackmailed by members of the General Security Service (Shabak). Some
patients reported that the Shabak interrogators exploited their serious health
conditions to pressure them into giving the interrogators information relevant
to security matters. If they refused to do so those patients were denied
access to hospitals, which aggravated their health conditions. In a serious development, IOF started to prevent a new category of patients, those
suffering from blindness and amputation of limbs, from traveling via the
crossing to receive medical treatment. IOF stated that they do not need urgent
medical treatment claiming this type of treatment is a luxury. As a result, the
number of patients denied access to Israeli and/or Palestinian hospitals in
Jerusalem and the West Bank has increased.
– Journalists, Diplomats and Workers of International
Humanitarian Organizations: IOF imposed a ban on access of diplomats to the Gaza
Strip for eight days. Journalists, media
representatives and workers of international humanitarian organizations were denied
entry for four days. During the days the crossing was open, IOF allowed
approximately 27 journalists, 50 diplomats and 310 workers of international
humanitarian organizations to enter Gaza, often under very complicated security
procedures which resulted in delays of several days for many of those allowed
to enter.
– Prisoners’ Visitation: For more than 39 months, IOF have
prevented the families of Palestinians from the Gaza Strip detained in Israeli
jails from visiting their imprisoned relatives. There are approximately
800 Gazans detained in Israeli jails. The denial of family visits, imposed
since 6 June 2007, constitutes a violation of international law. It
should be noted that 150 of the prisoners from the Gaza Strip had already been
deprived of all visitation rights prior to June 2007. IOF attempt to
justify denial of visitation rights with security claims. The prison
visitation program had been facilitated by the International Committee of the
Red Cross (ICRC) until it was suspended by Israel.
· Rafah International Crossing Point
Rafah International Crossing Point remained open during the reporting
period. Egyptian authorities allowed certain categories of Gazan civilians to travel
abroad and return to Gaza via the Crossing. These categories include:
1. Patients who have medial referrals officially issued ial refereng: in comparison with previous periods. ppointed to improve the goals pfby
the Palestinian National Authority and patients requiring urgent medical
treatment;
2. Civilians who work abroad and who hold foreign residency permits and
their family members;
3. Students who study in universities in Egypt and who have Egyptian
residency permits. Gazan students who are enrolled in international
universities who are transferred directly from the crossing point to Cairo
Airport;
4. Civilians who hold foreign passports and foreign passport holder’s spouses
and children;
5. Civilians who have “special coordination made by the Egyptian
authorities”;
6. Civilians who have valid Egyptian residency permits;
7. International delegations and missions, including humanitarian, human
rights and diplomatic delegations; and
8. International journalists and some people who hold Palestinian
diplomatic passports.
During the reporting period, 6,629 persons traveled abroad and 4,770
persons entered the Gaza Strip via the crossing, while 387 were denied entry at
the border by the Egyptian authorities, according to the Palestinian Crossings
and Borders Commission. The number of persons who have traveled abroad
via Rafah International Crossing Point since it was opened on 2 June 2010 totals
33,950, while 36,970 persons have entered the Gaza Strip and 3,850 have been
denied permission to cross the border by the Egyptian authorities.
The Egyptian authorities declared the exceptional opening of the Rafah
International Crossing Point on 1 June 2010 after it had been closed for
Palestinians wishing to travel abroad by IOF on 12 June 2007.
· Karm Abu Salem (Kerem Shalom) Crossing
– During the reporting period, Karm Abu Salem crossing was
partially opened for 12 days (75%), while it was completely closed for four
days (25%). Karm Abu Salem crossing has been closed for 537 days since 18
August 2008, when the crossing was designated by Israel as the Gaza Strip’s
major commercial crossing. According to the Ministry of Economy, the
following are the most significant developments related to the crossing during
the reporting period:
– During the reporting period, IOF allowed the entry of 2,276
truckloads of humanitarian aid, including food, blankets and medications
provided by international humanitarian aid organizations, including WFP, ICRC,
UNRWA, UNICEF and the Humanitarian Aid Office of the EU. Food items for
local businesses were also allowed into the Gaza Strip via the crossing during
the time of its partial opening.
– IOF allowed the entry of 1,000 truckloads of goods that were
previously banned. They included clothes, shoes, glass, refrigerators, electric
and gas ovens, electricity cables, construction tools, furniture, plastic
chairs, aluminum and wood. These goods do not meet even the minimal needs of
Gaza’s civilian population. The amount of goods allowed runs contrary to
Israeli claims to double the number of truckloads allowed into the Gaza Strip.
– Fuel: Following the complete closure of Nahal Oz crossing, which
was previously used for the delivery of fuel supplies into the Gaza Strip, IOF
opened Karm Abu Salem crossing for the delivery of limited quantities of
fuel. As reported by the General Department of Petroleum to a PCHR
researcher, the delivery of fuel to the Gaza Strip during the reporting period
was as follows:
– IOF completely stopped supplying the Gaza Strip with the
industrial fuel needed for the Gaza Power Plant for four days. During the
days which the crossing was open, IOF allowed the entry of 3.4 million liters
of industrial fuel to Gaza, a quantity that sufficed to operate the Plant at 61%
of its capacity during the reporting period. It should be noted that the
Gaza Strip depends on three sources of power: the Gaza Power Plant, which
provides 67-70 MW (34%); Israel, which provides 120 MW (58.5%); and Egypt,
which provides 17.5 MW (7.5%).
– 1,777 tons of cooking gas were allowed into the Gaza Strip
over 12 days; an average of 110 tons daily. The supply of cooking gas to
the Gaza Strip was completely stopped completely for four days. The Gaza
Strip’s daily need of gas is estimated at 350 tons in winter and 200 tons in
summer.
– IOF allowed the entry of 38,000 liters of benzene. It
should be noted that the entry of benzene supplies had been 120,000 liters
daily before IOF reduced the quantities of fuel supplies in October 2007.
During the reporting period, IOF allowed the entry of 250,000 liters of diesel.
It should be noted that before reducing the quantities of fuel supplies
in October 2007, Israel had permitted the delivery of 350,000 liters of diesel
to the Gaza Strip daily. The Gaza Strip currently depends on the fuel
smuggled through the tunnels at the Egyptian-Palestinian borders.
· Al-Mentar (Karni) Crossing
– As reported by the Ministry of Economy to a PCHR researcher,
al-Mentar crossing was completely closed for the supply of goods to and from
the Gaza Strip for 11 days (68.7%), and it was partially opened to allow the
entry of limited quantities of imports for five days (31.3%). During the
partial opening of the crossing, IOF permitted the entry of 158 trucks,
carrying 6,162 tons of grains, and 303 trucks, carrying 12,317 tons of fodder
into the Gaza Strip.
– The number of days of complete closure of the crossing has amounted
to 861 since 13 June 2007, when Hamas took over the Gaza Strip. The
closure of the crossing has resulted in the deterioration of humanitarian
conditions in the Gaza Strip and has negatively impacted 1.5 million civilians
living in the Gaza Strip.
Recommendations:
PCHR calls upon the international community, particularly the High
Contracting Parties to the Fourth Geneva Convention relative to the Protection
of Civilian Persons in Time of War, to:
