Israeli Occupation Forces (IOF) continue to
impose a total ban on the delivery of raw materials and construction materials
which are necessary for the reconstruction of the Gaza Strip. Almost 21 months
have passed since the military offensive (Operation Cast Lead) was launched by
the IOF against the Gaza Strip. The offensive resulted in extensive destruction
of property and civilian infrastructure. In the aftermath of Cast Lead, IOF has
also continued to impose a complete ban on the export of Gazan products,
especially agricultural and industrial products. This ban prevents the Gazan
economy from any meaningful recovery. As a result, 80% of the civilians in Gaza
are dependent on food aid provided by the international community.
Approximately 900,000 (60%) of Gazans live below poverty line and approximately
40% of workers are unemployed because of the shutdown of the majority of the
economic establishments.
In July, IOF stated they would increase the
quantity and quality of goods delivered to Gaza. However, the closure has
remained in effect and no meaningful changes have been implemented.
Observations regarding the state of Gaza border crossings by the Palestinian
Centre for Human Rights (PCHR) show that the IOF has continued to impose a ban
on the delivery of basic goods. Specifically there is a ban on the importation
of construction materials, which are necessary for the reconstruction of the
Gaza Strip and raw materials used for production. The supposed easing of the closure has
changed nothing on the ground. Most of
the goods that have been allowed into Gaza are consumables, which are already
available in the Gaza Strip.
According to PCHR’s investigations the IOF
allowed the entry of 2,324 truckloads (an average of 155 truckloads per day)
during the reporting period. Prior to the tightened closure on the Gaza Strip
in mid-June 2007 the IOF allowed approximately 450 truckloads daily into Gaza.
This number is three times higher than the number of truckloads allowed into
the Gaza Strip during September 2010, the reporting period. The number of trucks allowed in during the
reporting period represents only 34%, on average, of pre-June 2007 levels.
In July 2010 IOF declared they would allow 60
cars per week into the Gaza Strip. The IOF has never fully implemented this
policy. IOF informed Palestinian authorities that they would allow the delivery
of 20 cars on 16 September 2010 and then allow 60 more cars. However, IOF
retreated from their decision just a few hours before implementation without
providing any reasons. To date IOF has allowed only 120 cars out of the
promised 240 cars into the Gaza Strip.
PCHR notes that as long as IOF continue to ban
more than 1,000 items including raw materials and construction materials the
situation in the Gaza Strip will remain dire and no real improvements to the
economic and social conditions of the civilian population of the Gaza Strip can
occur. PCHR also notes that the
continued ban on Gaza exports, including industrial and agricultural products,
further prevents any possibility for the recovery of the Gaza Strip’s economy,
which is suffering from chronic deterioration due to IOF’s policies.
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 treaties to which it is a party, such as the International
Covenant on Civil and Political Rights.
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 also represents a major affront to the human
rights and to the dignity of the population of the Gaza Strip. The recently declared measures to ease the
closure are vague, purely cosmetic and fail to deal with the root causes of the
crisis, which can only be addressed by an immediate and complete lifting of the
closure. This includes, but is not limited to, lifting the travel ban into and
out of the Gaza Strip and lifting the ban on exports. PCHR is concerned that the new Israeli policy
is simply another form of illegal closure that may become internationally
accepted and institutionalized. The
superficial changes announced present the possibility of institutionalizing the
closure imposed on the Gaza Strip with international approval. This means that this policy has managed to
circumvent the rules of the international law, including international
humanitarian law and international human rights law. 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, and will remain economically, 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
reporting period (01 – 15 October 2010):
· Rafah
International Crossing Point
During the reporting period, Rafah
International Crossing Point remained open. People could travel to and from the Gaza Strip. According to the Palestinian Crossings and
Borders Commission 3,445 persons traveled abroad, 3,413 persons entered the
Gaza Strip, and 566 were returned at the border by the Egyptian authorities
during the reporting period. The number of persons who have traveled abroad via
Rafah International Crossing Point since it was opened on 2 June 2010 has
mounted to 48,290, while 49,761 persons have entered the Gaza Strip.
It should be noted that the Egyptian
authorities declared the Rafah International Crossing Point open on 1 June 2010
after it had been closed on 12 June 2007 by IOF. Since then, the Egyptian authorities have
allowed the movement of eight categories of persons via the crossing as
follows: (1) Patients officially referred by the PA to Egypt for medical
treatment and emergency cases; (2) Persons working abroad and holding
residency permits in foreign countries and their families; (3) Students
enrolled at universities in Egypt and who hold residency permits there, and
students enrolled at universities abroad; (4) Palestinians holding foreign
passports and foreigners who are married to Palestinians; (5) Palestinians
obtaining “private coordination from the Egyptian authorities”; (6) Palestinians
holding valid residency permits in Egypt; (7) International delegations,
including human rights delegations and diplomatic delegations; and (8) International
journalists, and Palestinians holding diplomatic passports.
Crossings Connecting Gaza with Israel
· Beit Hanoun
(Erez) Crossing
IOF has continued to close Beit Hanoun crossing
for the movement of the majority of Gaza civilians. Only limited categories of
persons are allowed to cross. Those categories are: (1) patients suffering from
serious medical conditions are transferred to hospitals in Israel and/or the
West Bank; (2) Palestinians holding Israeli ID’s; (3) international journalists;
(4) workers of international humanitarian organizations; (5) traders and
businesspeople; and (6) those wishing to travel via al-Karama International
Crossing Point on the Jordanian border. These categories travel via the crossing under very complicated
procedures. They are sometimes forced to wait for long hours. According to the Civil Liaison Office of the
Ministry of Civil Affairs, IOF completely closed the crossing for these
categories for four days. The crossing
was closed for six days for Gaza traders and was only opened for nine days to
allow the movement of approximately 270 traders only; an average of eighteen
traders daily. It should be noted that
approximately 150 traders were daily allowed to travel via the crossing prior
to June 2007.
IOF closed the crossing for Palestinian
patients from Gaza who were transferred to hospitals in Israel and/or
Palestinian ones in Jerusalem or the West Bank for four days. IOF opened the
crossing during the total closure days on two days to allow the movement of two
patients. During the partial opening of
the crossing, approximately 300 patients were allowed to pass via the crossing
(an average of 20 patients daily). This figure represents 40% of the total
number of patients who were allowed to travel via the crossing during the first
half of 2006. As part of their policy to
reduce the number of Palestinian patients who are allowed to receive treatment
in hospitals in Israel and/or the West Bank and Jerusalem the IOF has continued
to prevent a new category of patients, those suffering from blindness and
amputation of limbs, from traveling via the crossing to receive medical
treatment. IOF claims that this treatment is a luxury and thus these patients
are not in need of urgent medical treatment. As a result, the number of
patients denied access to hospitals in Israel and/or Palestinian ones in
Jerusalem and the West Bank have increased.
IOF also has continued to impose tight
restrictions on the movement of journalists, diplomats and workers of international
humanitarian organizations. During the
days on which the crossing was open the IOF allowed 33 journalists, 30
diplomats and 249 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.
For approximately 41 months the IOF has
prevented the families of Palestinians from the Gaza Strip detained in Israeli
jails from visiting their imprisoned relatives. There are approximately 710 Gazans detained in Israeli jails. The denial
of family visits, imposed since 6 June 2007, constitutes a violation of
international law, especially Article 116 of the 1949 Forth Geneva Convention
relative to the Protection of Civilian Persons in Times of War, which
stipulates that: “Every internee shall be allowed to receive visitors,
especially near relatives, at regular intervals and as frequently as possible. As far as is possible, internees shall be
permitted to visit their homes in urgent cases, particularly in cases of death
or serious illness of relatives.”
· Karm Abu Salem
(Kerem Shalom) Crossing
Goods and Aid:
During the reporting period, IOF allowed the
entry of approximately 2,000 truckloads of humanitarian aid, including food,
blankets and medications provided by international humanitarian aid
organizations. Those international humanitarian aid organizations include WFP,
ICRC, UNRWA, UNICEF and the Humanitarian Aid Office of the EU. Fuel and food items for local businesses were
also allowed into the Gaza Strip via the crossing when it was open.
According to the Ministry of Economy, IOF
allowed the entry of approximately 910 truckloads of goods that were previously
banned. They included clothes, shoes,
glass, refrigerators, electric and gas ovens, electricity cables, construction
tools, ceramic, marble, furniture, plastic chairs, aluminum, wood and spare
parts for cars. IOF also allowed the entry of 27 truckloads of cement for
UNRWA. However, the allowed goods do not meet the minimal needs of Gaza’s
civilian population. Despite the increase of allowed items the crossing was
completely closed for five days (46.6% of the reporting period). Karm Abu Salem crossing has been closed for 556
days since 18 August 2008 when the crossing was designated by Israel as the
Gaza Strip’s major commercial crossing.
Fuel:
According to data made available to PCHR by the
General Department of Petroleum, IOF completely stopped supplying the Gaza
Strip with the industrial fuel needed for the Gaza Power Plant for five days. During
the days the crossing was open IOF allowed the entry of 3.9 million liters of
industrial fuel into Gaza, a quantity that sufficed to operate the Plant at 73.7%
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 (7.5%).
Also during the reporting period the IOF
allowed 1,520 tons of cooking gas into the Gaza Strip over ten days. This
amounted to an average of 100 tons daily over the reporting period. The supply
of cooking gas to the Gaza Strip stopped completely for five days. IOF allowed
the entry of 78,500 liters of benzene and 495,000 liters of diesel during the
reporting period. It should be noted that 120,000 liters of benzene and 350,000
liters of diesel used to enter the Gaza Strip daily before IOF reduced the
quantities of fuel supplies in October 2007. The Gaza Strip currently depends
on the fuel smuggled through tunnels at the Egyptian-Palestinian border.
· Al-Mentar
(Karni) Crossing
Al-Mentar crossing was completely closed for 11
days (73.3%), and it was partially opened for four days (26.6%) during the
reporting period. The crossing has been completely closed 897 days since 13
June 2007, when Hamas took over the Gaza Strip. As reported by the Ministry of
Economy to a PCHR researcher IOF permitted the entry of 109 trucks carrying 4,251
tons of grains, and 219 trucks carrying approximately 8,541 tons of fodders
into the Gaza Strip during the partial opening of the crossing. IOF also
allowed the entry of 28 truckloads carrying aggregate for UNRWA.
IOF also allowed the delivery of 80 small cars
out of 90 cars, which were supposed to be delivered via al-Mentar crossing
during the reporting period. The delivered cars were entered into Gaza in three
groups as follows:
– On 04 October
2010, IOF allowed the entry of 30 small cars.
– On 10 October
2010, IOF allowed the entry of 30 small cars.
– On 14 October
2010, IOF allowed the entry of 20 small cars.
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. Allow the
civilian population of the Gaza Strip to rebuild the 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 and
their economic, social and cultural rights.
2. Promptly and
urgently intervene to open Rafah International Crossing Point for all 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. Also to
allow 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 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 and 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.
