July 18, 2010
State of the Gaza Strip’s Border Crossings (01 – 15 July 2010)
State of the Gaza Strip’s Border Crossings (01 – 15 July 2010)

 

The release of this report coincides
with an Israeli declaration to ease the closure it has imposed on the Gaza
Strip; however, facts followed up by the Palestinian Center for Human Rights
(PCHR) indicate that no changes have taken place regarding the state of border
crossings, including the those used for the movement of persons and goods. Statistics and data documented by PCHR on the
state of border crossings during the reporting period refute the claims made
recently by Israeli authorities that Israel has eased the closure it has imposed
on the Gaza Strip and that Israel has reduced restrictions on the entry of
goods into the Gaza Strip. Israeli
Occupation Forces (IOF) continue to impose a complete closure on the movement
of exports from Gaza and prevent the import of construction materials and raw
materials needed for resuscitation and development of the economic sector in
the Gaza Strip. IOF also continue to
completely prevent the movement of persons from the Gaza Strip to Israel and/or
the West Bank, including Jerusalem with the exception of some urgent humanitarian
cases, mostly medical patients suffering from severe injuries or illnesses.  

 

 

The Israeli declaration to allow new
types of goods into the Gaza Strip constitutes an attempt to delude the
international community into believing Israel has eased the siege it has imposed
on the Gaza Strip. Yossi Gal, Director-General
of the Israeli Ministry of Foreign Affairs, revealed the list of items banned out
of concern that they could be used for military purposes. He added that fifteen types of items are
banned because they have a dual use, indicating that Israel allows the entry of
all types of foodstuffs into the Gaza Strip. Mr. Gal confirmed that Israel would increase the number of trucks
carrying permitted goods into the Gaza Strip to 250 trucks daily, and he added that
Israel would extend working hours at the crossings and increase the number of
employees working at the crossings.[1]

 

The list of prohibited items
includes: military weapons, lead, chemicals that can be used in manufacturing
missiles, fertilizers and other materials that contains potassium chloride in a
concentration of over 5%, stabilizers containing concentrated chemicals, water
purification solutions at a concentration of more than 11%, insulation paints
used for cars and other vehicles that contain amides and amines, plastic
materials whose thickness is more than 4 mm, fibers, textiles, wool and fibers that
contain carbon, sulfur, or glass alternatives, fishing equipment, knives,
materials that contain polyethylene, optical devices used for night vision, sophisticated
equipments operated by laser, gas tanks, digging equipment, equipment used for
water extraction, parachutes, construction materials (iron, steel, aggregate
and cement)—in the exception of projects sponsored by the Palestinian National
Authority and overseen by international organizations, fireworks, pumps, diving
equipments, surfboards, insulation materials such as metal alloys and advanced
computers that might be used for manufacturing rockets.[2]

 

 

Mr. Ra’ed Fattouh, Head of
Coordination Committee of the Palestinian National Authority (PNA) for the
Entry of Goods, denied the validity of Israel’s declaration that it had
increased the number of trucks allowed into the Gaza Strip through Karm Abu
Salem (Kerem Shalom) crossing. He
emphasized that the number of trucks allowed into the Gaza Strip have not
increased and expressed astonishment that the Israeli authorities should make a
claim so contrary to reality. Mr. Fattouh added that the number of goods
allowed into the Gaza Strip increased during the past few weeks, particularly
following the attack on the Freedom Flotilla, but only to approximately 200
types out of the 9,000 which used to be entered into the Gaza Strip before mid-June
2006. According to its observation of
the state of the Gaza Strip’s border crossings, PCHR noticed that most goods
allowed into the Gaza Strip are consumer products, except limited quantities of
goods such as wood, aluminum, glass, electric and gas ovens, electricity
cables, construction materials, furniture, plastic chairs, clothes and
shoes. The types of goods which are
being permitted entry into Gaza under the new arrangement do not meet the Gaza
Strip’s needs for strategic goods, including raw materials needed for
production and construction materials needed for reconstruction of the Gaza
Strip. The PNA called for expanding the
border crossings to match the previous volume of goods transported to and from
the Gaza Strip as before the imposition of the current, total, form of the closure. Mr. Fattouh stated that the operational
capacity of Karm Abu Salem crossing now reaches approximately 180 trucks per
day; however, it has the potential to increase its operational capacity to 380
trucks per day if it was expanded as suggested by the PNA.[3] It should be noted that while IOF has recently
allowed the entry of many consumer products large quantities of these products
are already smuggled into Gaza Strip from Egypt via tunnels at the
Egyptian-Palestinian borders. In any
case, the Gaza Strip’s civilians cannot afford these goods due to the
deterioration of the economic and social conditions; as a result, the underlying
problems persist and undermine the development of the economic sector in the
Gaza Strip.

 

IOF have also continued to impose a
total closure on the export of all types of the Gaza Strip’s products, most
intended for the West Bank and Israel, since June 2007 when IOF tightened the
siege imposed on the Gaza Strip.  The continuous
prevention of exports from the Gaza Strip has resulted in large losses in most
economic sectors, especially those which depend on selling their products in
the West Bank and Israel.  As a result, most
industrial facilities were closed.

 

Ali Hayek, Director of Construction
Industries’ Union and Deputy Director of the General Union of Industries,
stated to PCHR that he considers the Israeli claims of increasing the quantity
of goods allowed into the Gaza Strip and allowing construction materials under
international supervision nothing more than propaganda meant to delude the
international community. He confirmed
that no changes have happened regarding the construction sector in the Gaza
Strip, especially under the standards and restrictions imposed by IOF on the
entry of construction materials.. Mr.
Hayek added that permitting the entry of construction materials only for
projects implemented by international organizations will result in job opening
for only a few hundred  people in this
sector, which included 35,000 workers before the imposition of the total
closure. “Construction materials
used to be entered in limited quantities for different international
organizations before the recent decision of the Israeli cabinet to ease the
closure, which means that the recent Israeli decisions regarding the border
crossings have not changed the situation at the economic level in the Gaza
Strip,”[4]
he said.

 

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 has 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.[5]

 

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 civilian population of the Gaza Strip.  Measures announced recently to ease the
blockade are vague, purely cosmetic and fail to deal with the root causes of
the crisis, which can only be addressed by an immediate 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 as well as 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 15-day
reporting period (1 – 15 July 2010):

 

· Beit Hanoun (Erez) Crossing

 

IOF continued to impose restrictions
on all categories of persons who were allowed to travel via Beit Hanoun
crossing, including patients
suffering from serious medical conditions who were transferred to Israeli and/or
Palestinian hospitals, Palestinians holding an 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 on
three days. The most significant
developments relevant to movement through Beit Hanoun crossing were as follows:

 

 

 IOF completely closed the crossing for the movement of
Palestinian civilians throughout the 15-day reporting period. The crossing was completely closed on three
days for the limited categories who are allowed to travel via the
crossing. In addition, it was closed on five
days for businesspeople and opened on only ten days, during which time 100 businesspeople
were allowed to pass via the crossing; i.e. an average of less than seven per
day. This represents a sharp decline in
comparison with the number of businesspeople who were allowed to travel via the
crossing one year ago, when an average of ten were allowed to pass through the
crossing per day. It should be noted
that approximately 150 businesspeople were daily 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
hospitals in Israel and/or the West Bank on three days. During the partial
opening of the crossing, only 380 patients were allowed to pass via the
crossing; i.e. an average of 26 patients per day—this figure represents 52% of
the daily average in 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. As a result, the patients were denied access to hospitals,
which aggravated their health conditions.

 

 Journalists,
Diplomats and Workers of International Humanitarian
Organizations
:
IOF imposed a ban on the entry of diplomats on nine days.
Journalists, media representatives and workers of international humanitarian
organizations were denied entry on four days.  During the days on which
the crossing was open, IOF allowed approximately 50 journalists, 30 diplomats
and 265 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 37 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 Palestinians from Gaza detained in Israeli jails, and
such denial of family visits, imposed since 6 June 2007, constitutes a
violation of international humanitarian law, particularly the Fourth Geneva
Convention of 1949.  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 such deprival of visitation rights by citing
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

 

 During the reporting period, Rafah International Crossing
Point was partially opened. Humanitarian
aid and limited categories of persons, including patients who need urgent medical
treatment abroad, students enrolled at universities abroad, people working
abroad and holders

 

 

of residency permits in foreign
countries, were allowed to enter via the crossing. During the reporting period, 4,500 persons
traveled abroad and 7,000 persons entered the Gaza Strip via the crossing,
while 900 were turned back 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 is now 14,400. During this period, 15,800 persons have entered
the Gaza Strip, and 2,670 persons 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
previously closed for Palestinians wishing to travel abroad for 991 days since
it was closed by IOF on 12 June 2007. It
should be noted that during the closure of the crossing, the Egyptian
authorities occasionally allowed some travelers from limited categories of
persons to enter the Gaza Strip via the crossing for humanitarian reasons,
including the persons stranded on the Egyptian side of the crossing point and
patients who received medical treatment in Egyptian hospitals. In addition, the
Egyptian authorities allowed Arab and international delegations to enter the
Gaza Strip to observe the humanitarian conditions and the various impacts of
the Israeli closure, including the suffering of Palestinians due to the ongoing
closure.

 

· Karm Abu Salem (Kerem Shalom) Crossing

 

 During the reporting period, Karm Abu Salem crossing was
partially opened on eleven days (73.3%), while it was completely closed on four
days (26.7%). Karm Abu Salem crossing has been closed on 515 days since 18
August 2008, when the crossing was designated by Israel as Gaza’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 days the crossing was partially opened, IOF
allowed the entry of 1,100 truckloads of humanitarian aid, including food,
blankets and medications delivered 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 640 truckloads of goods that were
previously banned, approximately half of the number of truckloads claimed by
Israel to have entered. 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
level of the need of Gaza’s civilian population for such goods.

 

 During the reporting period, IOF did not allow the entry of
limited quantities of construction materials to the Gaza Strip, which refutes
Israeli claims to the contrary.  3,180 tons of base course were allowed
for UNRWA projects.  This quantity, however, does not meet even the
minimal level of the Gaza Strip’s needs for a single day under normal
conditions: the daily needs of the civilian population in Gaza are
approximately

 

 

3,000 tons of cement, 2,500 tons of
aggregate and 2,000 tons of iron.  Eng. Yasser al-Shanti, who works in the
Ministry of Public Works and Housing in Gaza, estimated that the Gaza Strip
urgently needs 1,100,000 tons of cement, 2,500,000 tons of aggregates, and
200,000 tons of construction iron in order to meet the immediate needs of
reconstructing the Gaza Strip after three years of closure.

 

 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 on four days.  During the days on which the crossing was
open, IOF allowed the entry of three million liters of industrial fuel to Gaza,
a quantity that sufficed to operate the Plant at less than 58% 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.

 

 2,000 tons of cooking gas were allowed into the Gaza Strip on
eleven days, an average of 133 tons daily.  The supply of cooking gas to the Gaza Strip
stopped completely on 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 36,440 liters of
benzene. It should be noted that the entry
of benzene supplies previously reached 120,000 liters daily
before the IOF reduced the quantities of fuel supplies in October 2007. They also allowed the entry of 36,450 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 now 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 on eleven days (73.3%), and it was
partially opened to allow the entry of limited quantities of imports on four
days (26.6%).  During the partial opening of the crossing, IOF permitted
the entry of 130 trucks, carrying 4,900 tons of grains, and 175 trucks,
carrying 7,414 tons of fodders, into the Gaza Strip.  In addition, 53
trucks, carrying 3,180 tons of base course, were allowed into the Gaza Strip
for UNRWA. 

  

The number of days of complete
closure of the crossing has increased to 826 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 negatively
impacted the 1.5 million civilians 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:

 

1. Exert effective pressure on Israel to compel it to open all
of Gaza’s crossings, both those used for commercial purposes and those used for
civilian movement, to allow the civilian population of the Gaza Strip to
reconstruct the civilian property that was destroyed during Israel’s latest
offensive on Gaza, and to enable the Civilian population of Gaza to enjoy their
fundamental civil and political rights, as well as their economic, social and cultural
rights.

2. Promptly and urgently intervene to open Rafah International
Crossing Point for those who wish to leave Gaza—including hundreds of patients
who require medical treatment abroad, students enrolled at universities abroad,
holders of residency permits in foreign countries, and other humanitarian
cases—and for those who are stranded in Egypt to return to Gaza if they wish.

3. Promptly and urgently intervene to ensure respect for the
provisions of international humanitarian law and international human rights
law, in order to put an end to the deterioration of living conditions across
the Gaza Strip.

4. Compel Israel to stop measures of collective punishment
against the civilian population of the Gaza Strip, including tightening the
closure of Gaza’s border crossings.

5. Remind the State of Israel, the Occupying Power, of its
obligations towards the civilians of the Gaza Strip, under Article 55 of the
1949 Fourth Geneva Convention, which stipulates: “To the fullest extent of
the means available to it, the Occupying Power has the duty of ensuring the
food and medical supplies of the population; it should, in particular, bring in
the necessary foodstuffs, medical stores and other articles if the resources of
the occupied territory are inadequate. The Occupying Power may not requisition foodstuffs, articles or medical
supplies available in the occupied territory, and then only if the requirements
of the civilian population have been taken into account”. The High Contracting Parties to the Fourth
Geneva Convention must fulfill their obligation under Article 1 of the
Convention, to ensure the implementation of the convention’s provisions by the
State of Israel, in order to ensure the protection of the Palestinian civilians
of the Gaza Strip.




  

 

 

 

————————————-

For more information, please contact
the Palestinian Centre for Human Rights at [email protected]
or +972-(0)8-
282-4776. 

 

 



[1] The Hebrew speaking
Israeli radio, 5 July 2010.

[2] Yedioth Ahronoth
website, 6 July 2010.

[3] Al-Ayyam Newspaper, 2
July 2010.

[4] Al-Ayyam Newspaper,
22 June 2010.

[5] See PCHR’s position
paper on the Easing of the Closure of the Gaza Strip issued on 1 July 2010.