Ref: 139/2003
The Palestinian Centre for Human Rights (PCHR) condemns the
actions of Israeli occupying forces who are currently holding approximately 70
Palestinian farmers from the village of Jayous, northeast of Qalqilya, against
their will. For the last nine days, the farmers have been detained on the
western side of the Israeli separation barrier, opposite the village. Israeli
occupying forces have denied the individuals the right to return to their homes
in Jayous. The farmers were stopped by Israeli soldiers when they
attempted to return from their lands which lay to the west of the village,
between the Israeli separation barrier and the Green Line. PCHR expresses
deep concern regarding the conditions of the farmers in Israeli custody,
particularly the lack of food and shelter available to the detainees.
PCHR calls upon the international community to intervene on behalf of those
apprehended by forcing the Israeli occupying forces to release the farmers and
allow them future unfettered access to their lands. Further intervention
is warranted to address the systematic measures taken by the Israeli occupying
forces isolating West Bank farmers from lands that lie west of the separation
barrier.
According to PCHR investigations, in the early hours
of Sunday, 5 October 2003, 30 families from the village of Jayous, northeast of
Qalqilya, accessed their lands through the western gate of the separation
wall. After gathering their crops, they started to return to the
village. However, Israeli occupying soldiers positioned at the gate
stopped the families and ordered them to return to their lands until 6 October.
Members of the Palestinian families made repeated attempts to pass through the
gate, but Israeli soldiers refused to grant them access to their village.
The Israeli occupying forces eventually allowed the women and children to pass
while approximately 70 male Palestinian farmers were denied access and are
being held between the Green Line and the separation wall.
PCHR’s fieldworker in the northern West Bank was able
to reach one of the apprehended farmers, Sharif ‘Amr, via telephone. ‘Amr
informed PCHR that the farmers are suffering from lack of provisions, and are
completely reliant on the crops from their lands for food. ‘Amr also
reported that on Saturday, 11 October 2003, 2 delegates from the International
Committee of the Red Cross succeeded in providing the detainees with some
provisions. He also explained that the farmers are forced to sleep
outdoors in their fields and stressed that this arbitrary Israeli action has
resulted in a significant loss of crops.
It is noted that the separation barrier resulted in
the de-facto Israeli annexation of 9000 dunums of Palestinian land which
legally belong to residents of Jayous. This land now lies on the western
side of the separation barrier, along the Green Line separating the West Bank
from Israel. Palestinian landowners can only access their lands by
passing through a single gate controlled by the Israeli occupying forces.
Israeli soldiers constantly monitor the entry and exit of farmers through this
gate and have frequently denied residents of Jayous access to their lands.
Also, this week Israeli occupying forces prevented
thousands of farmers from the West Bank towns of Jenin, Tulkarem and Qalqilya
from passing through the gates built in the separation barrier. These
Israeli imposed closures have been a constant occurrence this month and have
significantly undermined the ability of Palestinian farmers to reach their
lands. October marks the beginning of the olive harvest and is a
particularly important period for Palestinian farmers. Israeli arbitrary
measures preventing farmers from reaching their olive orchards threaten to
seriously impact the harvest. Many Palestinian families in the area rely
on these crops as their primary source of income for the entire year.
PCHR asserts that the actions of Israel forces
preventing the 70 Palestinian farmers from reaching their homes is a form of
collective punishment prohibited by article 33 of the Fourth Geneva Convention
of 1949, relative to the protection of civilians in a time of war. PCHR
reminds the international community of its legal obligation to enforce the
terms of the Fourth Geneva Convention. Furthermore, the ongoing silence
of the international community, specifically the High Contracting Parties to
the Fourth Geneva Convention and the failure to intervene to ensure protection
for the Palestinian civilian population has served to encourage further
violations of international human rights and humanitarian law. Thus, PCHR
calls upon the international community to take immediate steps to ensure the
protection of the Palestinian civilian population in the OPT.
Trial Version