Published on 3 December 2002
CLOSURE UPDATE NO. 43
A Report by the Palestinian Centre for Human Rights on the Closure Imposed by Israel on the Gaza Strip
Overview:
Since the beginning of al-Aqsa Intifada on 29 September 2000, Israeli occupying forces have maintained a total siege on the Occupied Palestinian Territories (OPT), causing a humanitarian crisis under which Palestinians are deprived of their basic rights.
In the Gaza Strip, for 26 months, Israeli occupying forces have maintained a closure on all border crossings between the Gaza Strip and the outside world. They have totally closed Gaza International Airport for 721 days and partially for 72 days. They have imposed a full closure on Rafah Terminal at the Egyptian border for 120 days and a partial closure for 673 days. The Beit Hanoun (Erez) crossing has been fully closed for 684 days and partially closed for 109 days. They have also fully closed al-Mentar crossing for 56 days and partially closed it for 737 days. Sofa crossing has been totally closed for 349 days and partially closed for 444 days. Israeli occupying forces have also closed the “Safe Passage” crossing between the West Bank and the Gaza Strip since the beginning of the al-Aqsa Intiafada.[1]
Israeli occupying forces have maintained restrictions on internal movement. They have erected military checkpoints and roadblocks on the main roads in the Gaza Strip, partitioning the Gaza Strip into three isolated zones. In 2002, Israeli occupying forces imposed more restrictions on movement at these military checkpoints and roadblocks, and repeatedly closed them, denying movement of Palestinians from one area of the Gaza Strip to another. Israeli occupying forces have also severely restricted movement within some areas of the Gaza Strip, such as the al-Mawasi area in Khan Yunis and Rafah, the al-Sayafa area in Beit Lahia and the Wadi al-Salqa and al-Qarara areas in Deir al-Balah, by instating curfews, setting up checkpoints in these areas.
As a result of the restrictions on movement described above, the living conditions of Palestinians living in the Gaza Strip has rapidly deteriorated, and Palestinians have been denied many of their fundamental rights.
The Israeli siege has violated the right of Palestinian children to education, as thousands of students and teachers have faced difficulties in reaching their schools and universities because of the Israeli military checkpoints and roadblocks erected along the main roads in the Gaza Strip.
Furthermore, Israeli occupying forces have restricted Palestinian and international medical personnel from providing health services to the civilians of Gaza, thus denying thousands of Palestinians their right to health care. They have prevented hundreds of ambulances from evacuating the wounded and patients to hospitals. As a result of the restriction of ambulance movement, since the beginning of the intifada until 24 October 2002, 51 Palestinians, including 8 in the Gaza Strip, have died. Israeli occupying forces have also prevented necessary medical supplies from reaching hospitals and clinics. Thus, children’s medical care and vaccination programs have been disrupted. A particularly harmful action in the OPTs considering that, according to a new study, 12.5% of Palestinian women and 12.5% of children in the West Bank and Gaza Strip suffer from anemia. Access to emergency and regular medical treatment has been negatively affected by the Israeli total siege, as 33% of those who were in need for emergency medical treatment were denied access to such treatment, 21% of those who were in need for maternal care were deprived of it, and 17% of children did not receive necessary vaccination shots. Furthermore, 44% of those who suffered from renal diseases, 38% of diabetes patients and 46% of cancer patients were prevented from receiving regular medical treatment. At one point, due to Isreali restrictions on movement these groups were unable to reach hospitals and medical centers for 6 weeks.
As the result of the Israeli siege on the OPTs, the Palestinian economy has dramatically deteriorated. According to Palestinian official reports, the losses of the Palestinian economy since the beginning of the Intiafada are estimated at US$ 11.7 billion. A recent report by the World Bank expected that the gross national product of the Palestinian Territories will decrease by the end of 2002 by 25% as a result of the Israeli siege and restrictions on commercial transactions. Poverty in the OPT has mounted to approximately 75%, and unemployment has increased to approximately 65%.
The Israeli siege of the Gaza Strip has also had a negative impact on social relations in Palestinian society. Restrictions on movement within and across the boarders of the Gaza Strip, and the strain on economic resources for families within this area caused by closures, have severely limited the ability of Gazans to visit friends and relatives.
Introduction
During the present Intifada Israeli occupying forces have maintained a total siege on the Occupied Palestinian Territories (OPT), a measure not witnessed since 1967. They have isolated Jerusalem from other areas in the West Bank, and have not allowed travel between the West Bank and the Gaza Strip. By closing the parameters of the OPTs and restricting internal movement within the OPTs, Israeli forces have, in effect, transformed these territories into two large detention areas that contain dozens of small isolated cantons. This system of isolation and closure disrupts and impairs every aspect of Palestinian life, greatly magnifying the already harsh conditions that Palestinian civilians live under, and depriving the Palestinians of fundamental economic, social, cultural, political and civil rights.
Since February 2002, Israeli occupying forces have tightened the siege imposed on the OPTs, especially the West Bank, and have fragmented these territories with road-blocks, checkpoints, settlement, etc.
PCHR asserts that the Israeli policy of closure is a form of collective punishment against Palestinian civilians. An illegal military strategy adopted by Israeli authorities with the aim of increasing the suffering of the Palestinian people in the OPTs in order to intimidate Palestinians from supporting or participating in resistance activities against Israeli occupying forces. Among the many violations of human rights perpetrated by Israeli occupying forces against Palestinian civilians, the policy of closure has had a disastrous impact on the economic, social and cultural rights of Palestinians within the OPTs.
Israeli occupying forces have imposed curfews on Palestinian communities for long periods, placing entire towns under a form of de facto house arrest, and causing a shortage of foodstuffs and medical services within these same areas by preventing supplies from getting into seized towns. During these times, many patients who suffer from chronic diseases and need regular medical treatment are not able to reach hospitals and medical centers on a regular basis. In summer 2002, Israeli occupying forces imposed a curfew on Nablus, where more than 200,000 Palestinians live, for more than 100 days.
Israeli occupying forces have maintained a strict siege on the Gaza Strip, dividing it into three isolated zones. They have also totally isolated some areas from the rest of the Gaza Strip, such as the al-Mawasi area in Khan Yunis and Rafah, Wadi al-Salqa village in the central Gaza Strip and al-Sayafa area in the northern Gaza Strip. In addition, Israeli occupying forces have imposed a night curfew on these areas.
Israeli military checkpoints north of Khan Yunis continue to restrict movement of Palestinian civilians between the north and south of the Gaza Strip. In the past four months, Palestinian civilians crossing these checkpoints were subjected to humiliation and arbitrary arrest by Israeli soldiers.
Israeli occupying forces have maintained a strict siege on the al-Mawasi area in the southern Gaza Strip. In flagrant violation of the right to free movement, Israeli occupying forces have transformed al-Tuffah checkpoint, separating the al-Mawasi area from Khan Yunis, into a crossing similar to the Beit Hanoun (Erez) crossing, and have also imposed a night curfew on Wadi al-Salqa village in the central Gaza Strip for more than a year.
Israeli occupying forces at military roadblocks and checkpoints have frequently disallowed travel through these points for no discernable reason, seriously violating the rights of Palestinians to health care, education facilities and free movement. Israeli occupying forces have restricted movement at border crossings, and have often closed these crossings, denying cross-border movement of travelers and goods. Even when these crossing are partially opened, Israeli occupying forces severely limit the importation and exportation of goods.
Israeli occupying forces also continue to violate Palestinians’ right to work. They continue to deny access for Palestinian workers to their work places in Israel. Consequently unemployment has increased to at least 65% in the OPTs. As a result, the poverty rate has increased to approximately 75% of the population in the Gaza Strip, and to 82% in the Rafah and Khan Yunis areas of the Gaza Strip.
The Israeli claim that the policy of closure is one in a series of security measures that aim at stopping violence has proved to be misleading, as such measures have not prevented Palestinians militant organizations from carrying out attacks against Israeli targets.
This is the 43rd in a series of updates published by the Palestinian Centre for Human Rights on the closure imposed by Israel on the Gaza Strip. It highlights the impacts of the Israeli policy of closure on the living conditions of the Palestinian population in the Gaza Strip over the period 1 July – 30 November 2002.
1) Violation of the Right to Free Movement
Since the beginning of al-Aqsa Intifada, Israeli occupying forces have restricted movement of Palestinian civilians in the Gaza Strip. These forces have repeatedly closed the Rafah Border Crossing, between Gaza and Egypt. They have also closed Gaza International Airport and the “Safe Passage” linking the West Bank and the Gaza Strip. The right to free movement is a fundamental human right that must be ensured for all persons. Israeli restrictions on the movement of Palestinians violate the Fourth Geneva Convention of 1949, particularly Article 27, which protects all fundamental human rights of civilians within an occupied territory, and Article 33, which prohibits collective penalties against protected civilian persons.
1. Continued Restrictions on Travel between Gaza Strip and Egypt
Under the Interim Agreements between the PLO and the Israeli government, Israeli occupying authorities have control over the crossings and outlets of the Gaza Strip. These forces have repeatedly closed Rafah Border Crossing since the outbreak of Al-Aqsa Intifada, the latest incidence of which was on Sunday and Monday, 15 and 16 September 2002. Israeli occupying authorities have adopted unnecessarily complicated procedures at the crossing, restricting travel of thousands of Palestinians. Several months ago, Israeli occupying forces cancelled the travel procedures that were followed before the Intifada and adopted new procedures, including decreasing the number of Palestinian employees working at the crossing to 2, one of whom is responsible for collecting fees of travel from travelers and the other is responsible for collecting passports and handing them to Israeli employees. Israeli soldiers have become completely responsible for customs. Travelers coming from Egypt are subject to strict search. Before the Intifada the crossing was in operation 24 hours a day. Now the crossing operates between 09:00 and 14:00 for departing travelers and between 09:00 and 16:00 for arriving travelers. Israeli occupying authorities make some apparent attempts to decrease the number of travelers. Sometime, they start work at the crossing after 09:00, obstruct travel of some people and interrogate some travelers. Due to these conditions, Palestinians traveling through the Rafah Border Crossings face inhuman and degrading treatment. For instance, on Monday and Tuesday, 12 and 13 August 2002, Israeli occupying forces opened the crossing at 11:55 instead of 09:00, obstructing travel procedures at the crossing. Consequently, the number of travelers at the Egyptian side increased to about 1000, most of whom were forced to spend 2-5 days at the Egyptian side waiting to be allowed entry into the Gaza Strip. There are no facilities at the Egyptian side of the terminal and travelers are forced to spend long hours in the sun and sleep on the floor outside. The lack of basic sanitation facilities in particular poses a serious health concern.
It takes a Gazan who wishes to travel from the Gaza Strip to Egypt several days to get through the crossing. First, he/she has to go to the crossing a few days before the date of his travel.
He/she has to hand his/her passport to Palestinian employees to include him/her on the list of travelers and to book him/her a place in one of a series of cars that transport travelers. He/she can then travel at least 2-3 days later.[2]
· An Old Man Spends a Week to Be Allowed to Travel to Egypt
A man over 60 years old was sitting in a cafeteria near the Rafah crossing talking with a friend a bout the conditions of travel stated:
“I have a medical report and I have to travel in order to receive medical treatment, but I could not. This is my seventh day at the crossing. I come in the morning and spend the whole day waiting. At the end of the day, they tell me that I will travel on the following day. If I do not travel today, I will not go back home. I will spend the night here.”
· A Woman and Her Children Spend 4 Days Waiting to Be Allowed to Travel
A.Q., 42, from Khan Yunis, said:
“For 4 days, I have been coming to the crossing with my 3 children every day. I have been trying to travel in one of the cars, but all my attempts have failed. They have given me several numbers, but I have not been able to travel. My mother lives in Egypt. She is sick and I wish to visit her, but it seems that I will not succeed. I feel pity for my children who have to wait with me under the sun. Although I booked the traveling several days ago, I have not been able to travel.”
· The Way Back to the Gaza Strip: Humiliation, Long Waiting and Inhuman Conditions
A girl traveling back to the Gaza Strip from Egypt described to PCHR her suffering at Rafah Border Crossing:
“I arrived at the Egyptian side of the crossing at approximately 05:45 on Wednesday, 31 July 2002. Immediately, I went to the hall and handed my passport to the Egyptian authorities at the crossing. The number of arriving travelers was about 15. At approximately 06:30, the Egyptian authorities completed our procedures and I received my passport. I went out of the hall. I was surprised by a long queue. There were approximately 300 people waiting. I stood in the queue until 12:00. We were standing under the sun. at approximately 12:15, while I was standing in the queue – 50 travelers were before me and more than 100 other behind me, an Egyptian officer came to me and asked: ‘Are you alone?’ I said: yes. He repeated the question to make sure. Then, he told me that he would help me because I was alone, because the bus that would come soon would be the last one to cross on that day. I thanked him and walked with him until the beginning of the queue, where a number of Egyptian officers were standing. One of those officers asked the officer why he had brought me. The officer who brought me told him that they had to help me because I am a girl and was alone. The second officer took my passport and allowed me to stand in another queue, which was designed for the travelers who were about to get into the bus. About 80 travelers were standing before me. I waited there from 12:30 to 13:00. Then, I got into the bus. About 90-100 travelers with their bags were in the bus. The bus moved towards the gate leading to the Israeli side of the crossing. We remained there until 15:45, when they allowed us to cross the gate towards the Israeli side. While we were waiting at the gate, one of the travelers fainted. In the Israeli hall, I was checked and my mobile phone was checked by a machine. An Israeli soldier also checked my bag. Checking was very strict. I could see only one Palestinian employee who was collecting passports and handing them to Israeli soldiers. Outside the hall, there were Israeli employees instead of Palestinian ones as before. They asked me if I had cigarettes or electric sets. Then, I moved towards buses outside the hall. I got into a bus and waited. At approximately 17:00, the bus moved outside and we got into cars that transported us to our houses.”
· Israeli Procedures and Facilities at the Crossing
Misleadingly, Israeli occupying forces declared that they eased procedures of travel for travelers arriving from Egypt. However, the Egyptian side of the crossing was over-crowded from Tuesday, 20 August, to Friday, 23 August 2002. While approximately 1500 travelers were able to cross to the Palestinian side during this time period, Israeli occupying forces applied the same procedures of travel, including long waiting and checking. Israeli measures at the crossing include:
§ The crossing works from 08:00 to 14:00 for departing travelers and from 08:00 to 17:00 for arriving travelers, but in fact, Israeli occupying forces don not allow cars to enter the crossing until after 09:00.
§ Israeli occupying forces have continued to interrogate and arrest some Palestinian travelers.
§ Buses have to wait for hours before they are allowed entry to the Palestinian side of the crossing.
§ Buses coming from the Egyptian side are over-crowded, and sit in the sun while the travelers wait inside them.
2. Movement between the West Bank and Gaza Strip
Under the current total siege imposed by Israeli occupying forces on the OPT, residents of the Gaza Strip have been denied access to the West Bank, including occupied Jerusalem which has been isolated from the rest of the OPT. According to the Interim Agreements between the PLO and Israel, Palestinians have the right to free movement between the West Bank and Gaza Strip through the “Safe Passage,” which extends from Beit Hanoun in the northern Gaza Strip and Tarqumia village near Hebron in the West Bank. Since the beginning of al-Aqsa Intifada, Israeli occupying forces have closed the “Safe Passage” denying movement of Palestinians between the West Bank and Gaza Strip. Consequently, commercial transactions witnessed a setback, Gazan students studying at universities of the West Bank have not been able to travel back to the Gaza Strip and Gazan members of the Palestinian Legislative Council have not been able to attend sessions of the council in the West Bank, thus sessions have been held through telephone and video conference. The “Safe Passage” is the only path available for Palestinians to move between the West Bank and Gaza Strip.
· 14 Members of the Palestinian Legislative Council Denied Access to the West Bank
Under the current total siege imposed on the OPT by Israeli occupying forces, members of the Palestinian Legislative Council have been denied access to the West Bank. In this context, on Sunday, 8 September 2002, Israeli occupying forces denied access of a number of members of the Palestinian Legislative Council to the West Bank, in violation of the Interim Agreements between the PLO and the Israeli government, which allow free movement for members of the Palestinian Legislative Council between the West Bank and Gaza Strip. Israeli occupying forces also attacked or arrested a number of those members.
3. Restriction of Movement inside the Gaza Strip
Over the period under study, Israeli occupying forces closed Salah al-Din Street, the main road between the north and south of the Gaza Strip, on a number of occasions. They also imposed curfews on some areas, such as the al-Mawasi area in the southern Gaza Strip, Wadi al-Salqa village in the central Gaza Strip and the al-Sayafa area in the northern Gaza Strip. In July 2002, Israeli occupying forces closed Salah al-Din Street between Rafah and Khan Yunis and all branch roads, isolating the 150,000 population of Rafah from the rest of the Gaza Strip.
By closing Salah al-Din Street at al-Matahen and Abu Houli military checkpoints, Israeli occupying forces have fragmented the Gaza Strip into three isolated zones.[3] Consequently, the over 1,300,300 civilians living in the Gaza Strip are currently confined by force in what can be described as collective detention areas, a practice that contradicts with international humanitarian law and human rights standards, including the right to free movement. In July and August 2002, Palestinians traveling through the al-Matahen and Abu Houli military checkpoints on Salah al-Din Street were stopped, searched and ill-treated by Israeli forces stationed at these points.
According to information available to PCHR,[4] at approximately 17:00 on Sunday, 21 July 2002, Israeli soldiers blocked a number of civilian cars between the aforementioned checkpoints. They forced Palestinian travelers to get out of cars and checked them and their identity cards. Israeli soldiers then forced the travelers to take off their upper clothes, and detained a number of them for long hours in yards surrounded by cement blocks where they were interrogated by Israeli soldiers before being released.
At approximately 12:00 on Wednesday, 24 July 2002, Israeli occupying forces blocked a number of Palestinian vehicles between al-Matahen and Abu Houli military checkpoints. They forced Palestinians traveling in these vehicles to get out of the vehicles and checked them after having forced them to take off their upper clothes. Israeli soldiers also detained and interrogated 3 Palestinians. Later, Israeli occupying forces claimed that they had arrested a wanted Palestinian, without giving details about his identity.
Israeli occupying forces often close the two checkpoints for no apparent reason. For instance, on 11, 12 and 21 August 2002, Israeli occupying forces closed the two checkpoints, blocked a number of cars and checked Palestinians traveling in those cars.
In September 2002, Israeli occupying forces closed the two checkpoints more than once. At approximately 07:00 on Thursday, 5 September 2002, Israeli occupying forces closed the two checkpoints denying movement of cars in both directions. They also blocked 7 cars between the two checkpoints. Palestinians traveling in these cars were forced to stay in these cars for 13 hours. Then, Israeli soldiers forced the cars to travel back towards Deir al-Balah even though they were attempting to travel towards Khan Yunis. As a result of this closure, thousands of Palestinian students and employees were not able to reach their universities and work places in Gaza city. During the closure, Israeli soldiers fired more than once at Palestinians waiting at the checkpoints. They also called on them through megaphones to go back to their homes, claiming that the checkpoints would be closed for some days. However, Palestinians insisted on staying as many of them did not have relatives or places to stay on the side of the check point they were trapped on. Israeli occupying forces partially reopened the two checkpoints at approximately 21:00.
Furthermore, Israeli soldiers arrested Mohammed Hikmat ‘Edwan, a journalist of Ramatan press center, while he was photographing Israeli practices against Palestinian civilians at the two checkpoints. On Saturday, 7 September 2002, Israeli occupying forces totally closed the two checkpoints once again.
In his testimony to PCHR on Israeli practices against Palestinian civilians at al-Matahen and Abu Houli military checkpoints, Mohammed Khalil Salama Abu Fayadh, a journalist, stated:
“I work as an editor at the Palestinian News Agency (Wafa). On 7 September, after I had finished my night work at UNRWA headquarters in Gaza city, I decided to go back home in Khan Yunis in the morning. I traveled in a taxi towards Khan Yunis. When we arrived at Abu Houli military checkpoint, south of Deir al-Balah, Salah al-Din Street was open for cars traveling from Khan Yunis to the north, but was closed on the other direction. However, Israeli soldiers allowed our taxi and 5 other cars to cross the checkpoint. When we got between Abu Houli and al-Matahen checkpoints, Israeli occupying forces closed the two checkpoints and we were blocked in between. I saw dozens of cars waiting outside the two checkpoints. People got out of cars and sat on the ground. There was an intense movement of Israeli heavy military vehicles in the area. Suddenly, Israeli soldiers on an observation tower and the roof of a house they had already seized, fired live ammunition and tear gas. We remained between the two checkpoints until 19:30. During this period, we were prevented from getting out of our cars. Then, two Israeli military jeeps arrived and Israeli soldiers ordered us to travel back to Deir al-Balah, saying that the road would be closed in the coming days. We traveled back, but people were not convinced that the road would remain closed. Soon, Israeli military vehicles arrived and opened fire, terrifying people, especially women and children. At approximately 21:00, the two checkpoints were reopened and people were able to travel back to their homes late at night.”
On Thursday, 28 September 2002, Israeli occupying forces closed al-Matahen and Abu Houli military checkpoints. The closure remained in effect until the end of the month, during which the checkpoints were opened two hours a day, one in the morning and another in the evening.
At approximately 10:15 on Monday, 14 October 2002, Israeli occupying forces blocked a number of Palestinian vehicles between al-Matahen and Abu Houli military checkpoints. They searched these vehicles, concentrating their efforts on the car traveling from Khan Yunis to Deir al-Balah. They also checked the identity cards of passengers. They forced a number of passengers to get out of their vehicles and detained them in an adjacent yard. A number of these passengers, including the aforementioned journalist, were moved in military jeeps to nearby Israeli military locations, where they were interrogated. During this period an Israeli soldier cut the journalist’s identity card. Other Palestinian passengers were not able to get out of their vehicles from 13:15 until after 23:00. In the meantime, thousands of Palestinians were waiting at the two checkpoints to travel back to their homes. According to information available to PCHR, Israeli occupying forces eventually released all of the Palestinians who were blocked between the two checkpoints, excluding two people who were traveling in a Peugeot 504 car. The two were taken to an unknown destination while their car remained in the area.
In her testimony to PCHR about the closure of the two checkpoints on 14 October, Islam ‘Abdul Hamid al-Astal, stated:
“I live in Khan Yunis. I work as an editor at the magazine and radio station of the Union of Palestinian Workers in Gaza city. At approximately 07:00 on Monday, 14 October 2002, I traveled towards my work in a taxi. We waited at al-Matahen checkpoints for approximately 10 minutes. Then, the checkpoint was opened and we traveled to Gaza city. On the way back home, I arrived at Abu Houli checkpoint at approximately 14:00. I was surprised by the many cars that were waiting at the checkpoint. People told me that Israeli soldiers closed the checkpoint. Half an hour later, I looked at the area between the two checkpoints (Abu Houli and al-Matahen). I saw many cars blocked by Israeli soldiers there. I saw Israeli soldiers searching the cars, forcing men out of the cars, and checking them and their identity cards. I also saw Israeli soldiers taking a number of young men to a nearby yard. I did not know what was going on with those young men. Hours passed and the checkpoint remained closed. I was worried as darkness was getting close and I do not like to stay away from f home at such a time. We waited until approximately 23:00, when Israeli occupying forces opened the checkpoint. When I arrived in Khan Yunis it was a problem for me to travel home, as I live in al-Rabwat area, near ‘Gani Tal’ settlement, and there is no transportation to this area at night. I went to an ambulance center, where medical staff transported me home.”
