Concluding Remarks of the Gaza Seminar on Human Rights

 

May 1-4, 1999

Date: 6^th May 1999

Upon the invitation of the Palestinian Centre for Human Rights and the International Federation of Human Rights (FIDH), a Seminar on Human Rights was held in Gaza between May 1-4, 1999. The seminar took place at the same time as the May 4 conclusion of the interim period in the Occupied Palestinian Territories, which occurred in accordance with the Israeli-Palestinian Declaration of Principles and the May 1994 peace agreement between the Israeli government and the Palestine Liberation Organization. Palestinian lawyers, judges, and human rights activists participated in the seminar. Also participating were a number of experts and delegations of human rights organizations associated with FIDH.

This seminar took place as part of the Euro-Mediterranean Partnership: Strengthening Civil Society in the South and East Mediterranean Region. Over four days of discussion, participants discussed human rights and international humanitarian law, and were able to reach a number of conclusions regarding these matters.

 

First: Universality of Human Rights

1. The International Bill of Human Rights is the major resource on human rights and represents universal values that are inherent in humanity and in people’s cultures, civilizations, and religions, including Islam.

2. The universality of human rights does not negate the right to difference and cultural diversity. This diversity should be regarded as an addition and enrichment instead of a detriment to the principles of human rights. The universality of human rights means the acknowledgment of basic human rights for persons and peoples regardless of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status.

3. It is necessary to stand firmly against many governments and political elite which invoke cultural relativism as a means to justify their violations of human rights in order to sustain their private privileges and interests rather than those of the people.

4. While small margins of difference are acknowledged between Islam and international human rights values, working with open minds along with objective and scientific re-interpretation is necessary to make cultural relativism a positive advantage advancing creativity and overall improvement.

Second, the Indivisibility of Human Rights

1. Human rights are indivisible and should be applied to all people without discrimination.

2. Economic, social, and cultural rights should hold the same status as political and civil rights.

3. Women’s rights are human rights and should be protected, respected, and promoted. All prejudice and discrimination directed at women in national legislation should be abolished.

4. Human rights should be respected in all circumstances. Even during states of emergency, many rights are of an absolute nature and cannot be derogated. Any restrictions of rights should be as narrow as possible and proportional to the circumstances. Such restrictions of rights should be lifted as soon as conditions permit.

Third, the Fourth Geneva Convention and the Occupied Palestinian Territories: The Upcoming Conference of the High Contracting Parties

1. The High Contracting Parties to the Fourth Geneva Convention are under legal obligation not only to respect the Convention but also to ensure its respect at all times. Accordingly, the High Contracting Parties are obliged to ensure Israeli adherence to the Convention and to bring Israeli perpetrators of war crimes to justice.
2. The conference of the High Contracting Parties of July 15, 1999 to explore ways to enforce the Convention in the Occupied Palestinian Territories is not a goal in itself, but a means to take collective action requiring Israel to adhere to the Convention. The conference is vitally important and should not exempt the High Contracting Parties from individually implementing their obligations in accordance with the Convention.
3. At the official level, Palestinians should be well prepared for the conference and must take into consideration the professional opinion of jurists and the experience of human rights organizations dedicated to ensuring that the conference achieves its goals.

 

Fourth, the European Role in Protecting Palestinian Civilians in the Occupied Territories

1. There has been an imbalance between Europe’s political and economic role in the Middle East. Despite the fact that Europe is the leading donor for the people of Palestine and the first economic partner to Israel, it has not yet played a parallel political role. Participants agreed that the Euro-Mediterranean partnership provides a unique opportunity for an active European political role in the region, especially in regard to the peace process. The participants also agreed that Europe must seize this opportunity as the death of the peace process means the death of the Euro-Mediterranean partnership.
2. Participants praised the positive European role regarding the question of Palestine and Europe’s support of the Palestinian people’s right to self-determination. The participants support the recommendation made by the European Commission regarding the exclusion of Israeli settlement products from the provisions of the Euro-Israeli partnership agreement.
3. Participants called upon Europe to enact Article 2 of the Euro-Israeli partnership agreement which conditions the agreement on Israeli respect for human rights. Participants see this step as providing an approach capable of exerting pressure on the government of Israel to stop its violations of Palestinian human rights and its defiance of international law.
4. Participants called upon European states as High Contracting Parties to the Fourth Geneva Convention to do their best to ensure that the conference of July 15 will be held at the appointed time and without delay. They also called on the High Contracting Parties to make sure that the conference devises effective mechanisms to implement the Convention in the Occupied Palestinian Territories.

 

Fifth, the Role of Human Rights in Interim Periods

1. Interim periods provide great opportunities for human rights organizations to work for the protection, respect, and promotion of human rights, as well as pushing forward democratization and the rule of law.
2. It is necessary for human rights organizations to struggle for pluralism and freedom of expression and against the tendency toward one-man authority characteristic of interim periods worldwide.

 

3. Human rights organizations should continue their work in documenting and recording human rights violations. Constructive dialogue must be established with the public authorities as part of the attempt to stop violations.

Sixth, the Role of Government in Interim Periods in Safeguarding the Independence of the Judiciary and Promoting the Rule of Law

1. The principle of the rule of law is the basic pillar for ensuring justice and equality for all citizens.
2. In the framework of the rule of law, the independence of the judiciary must be guaranteed as it is closely connected to achieving justice, equality, and redress through fair trial.
3. To guarantee the independence of the judiciary, the government must make sure, inter alia, that people selected for judicial office are individuals of integrity and ability, holding the proper training or qualifications in law. The government must also ensure that judges are immune from civil suits regarding the exercise of their judicial functions and that they are immune from the intervention of other authorities in their work. The term of office of judges, their independence, security, and conditions of service should be adequately secured by law.
4. The state security courts prevalent in many developing countries contravene basic standards for open and fair trials. Bringing citizens to such courts violates their basic rights to fair trial.

 

Seventh, the Proclamation of the State of Palestine

1. The people of Palestine have the full right to an independent state based on UN General Assembly Resolution 181 and the absolute and non-contractual right to self-determination.
2. The Oslo Accords expired on May 4, 1999, and they cannot be extended unilaterally.
3. Actions should be taken to make Palestinian independence substantive rather than merely declarative. Furthermore, it should be remembered that a declaration of Palestinian statehood was already made in 1988.