Ref:47/2023
Date: 03 May 2023
Time: 09:00 GMT
Every year on May 3, the world celebrates World Press Freedom Day, and the Israeli Occupation is still the first enemy of press in Palestine that was prominently proved by the assassination crime of Al-Jazeera reporter Shireen Abu ‘Akleh, whose cold-blooded killing was a global shock. Also, the violations of freedom of expression continued by the Palestinian Authority (PA) and practicing freedom of press and expression has become an uncalculated risk, especially in light of lack of protection for journalists and the escalating violations of freedom of expression.
The killing of journalist Shireen Abu ‘Akleh and the ongoing attacks by IOF against journalists happened due to the impunity granted to Israel by international community’s silence policy towards Israeli crimes against the Palestinians; a policy that has rendered journalist Abu ‘Akleh be the 25th journalist victim killed by IOF while on duty.
Furthermore, at a time when countries seek to implement the relevant international standards through unleashing more press freedoms and enabling journalists and media personnel to practice their work independently without any obstacles or threats, we find that the PA in the West Bank and Gaza Strip targets journalists and opinion-makers with arbitrary prosecution, arrest, torture, and threats.
The international law obliges the Israeli occupation authorities and the PA to respect freedom of expression. Under the International Humanitarian Law (IHL) and International Human Rights Law, the Israeli occupation authorities have an obligation not to target journalists and are bound to provide them full protection as civilians. Moreover, the United Nations Security Council adopted several resolutions that have ensured protection for journalists during hostilities, not targeting them, and have guaranteed that perpetrators of crimes against them should not go unpunishable as reiterated most recently by Security Council resolution 2222 of May 2015.
International human rights law, especially the International Covenant on Civil and Political Rights (ICCPR), obliges the PA to respect freedom of expression, including freedom of access to information. However, the state of freedom of opinion and expression in the PA is in constant deterioration due to the 17-year Palestinian political division that has created an environment that restricts freedom of expression and journalistic work and has institutionalized a state of self-censorship among journalists and opinion-makers to avoid all forms of expression that may ire the authorities in the West Bank and Gaza Strip.
As part of PCHR’s work to confront the ongoing setback of freedom of expression, PCHR continues to monitor and document violations of freedom of expression, whether committed by IOF or the PA. PCHR annually releases two reports on the World Press Freedom Day on freedom of expression in Palestine: the first addresses IOF’s violations against Palestinian journalists “Silencing the Press,” and the second about the violations of the right to freedom of opinion and expression in the PA.
The first report (Silencing the Press) covers the period from 01 April 2022 to 31 March 2023 and documents IOF attacks over a year. Among the most prominent crimes was the killing of Al-Jazeera TV reporter Shireen Abu ‘Aqleh, and the injury of her colleague by IOF’s fire in Jenin refugee camp while covering the clashes between IOF and Palestinian armed groups. Abu ‘Aqleh was shot dead in the head by an IOF’s sniper despite wearing a vest with clear “PRESS” insignia and taking along with colleague all the safety measures.
The report documents a total of (35) violations, including crimes of violation of the right to life and bodily integrity; assaults on journalists, including beating and other forms of violence, and degrading and humiliating treatment; detention and arrests; restrictions on the freedom of movement, including banning journalists’ access to certain areas and covering events; and banning journalists from traveling outside the occupied Palestinian territory (oPt); closure of media institutions; and print ban on newspapers in the oPt.
The second report addresses the “Violations of Freedom of Opinion and Expression in the Palestinian Authority”, covering the period from 01 April 2021 to 31 March 2023. The report shows the continued setback for the freedom of opinion and expression in the Palestinian Authority over two years, during which, the state of self-censorship has significantly exacerbated among journalists and opinion-makers by refraining from dealing with anything that would ire the authorities. Such state emerged due to many years of suppression of freedoms in both the Gaza Strip and the West Bank and the absence of a law protecting journalists and freedom of expression.
The report concluded the following five indicators to measure the status of the right to freedom of opinion and expression: the arbitrary arrest and summonses of journalists, bloggers and opinion-makers; some of whom were subjected to torture and inhuman and degrading treatment; intimidating journalists and opinion-makers or preventing them from practicing their work; restrictions on the freedom of access to information; restrictions on freedom of creativity and scientific research; continuing to apply laws that undermine the right to freedom of opinion and expression.
In light of the above, PCHR urges the international community, especially the High Contracting Parties to the Fourth Geneva Convention, to oblige the Israeli occupation to stop its crimes and violations against journalists, stop persecuting and assaulting journalists, and to hold those responsible for crimes against journalists accountable.
PCHR calls upon the Prosecutor of the International Criminal Court to open an investigation into the killing of journalist Shireen Abu ‘Akleh, under its jurisdiction over the oPt.
PCHR calls upon the authorities in the West Bank and Gaza Strip to respect the freedom of journalistic work and abide by the relevant international standards, especially those codified in the UN Human Rights Committee’s General Comment No. 34 that deals with the right to freedom of expression under the International Covenant on Civil and Political Rights.
PCHR reiterates that it is imperative to pass a law that protects freedom of access to information and journalistic work in Palestine; and that legislations should be harmonized with the international standards and best practices. PCHR also demands immediate prosecution of whoever committed violations against journalists and opinion makers.
