The State of Gaza Strip Border Crossings

1 May – 15 July 2007

Israeli Occupation Forces (IOF) continue to close all border crossings of the Gaza Strip hermetically; especially after the Hamas takeover of the Gaza Strip on 15 June 2007. The closure measures taken after this date have been unprecedented, and exceptionally cruel in effect against the civilian population of the Strip. After the Hamas takeover, IOF closed all border crossings and prevented the free and safe passage of food, medicine, and fuel shipments to the Strip’s civilian population. In addition, IOF prevented civilians from traveling outside the territory, including patients requiring medical care. 

Rafah International Crossing, the Strip’s only terminal to the outside world, remains closed for 36 consecutive days. Approximately 6,000 Palestinians are stuck on the Egyptian side awaiting the chance to return to their homes. There are hundreds of patients who went for treatment trips abroad among the masses waiting to re-enter Gaza.

The suffering of the civilian population increased as a result of the economic and social strangulation caused by the unprecedented closure of all commercial crossings. Al-Mentar (Karni) crossing has been closed for 30 days, preventing imports and exports, and threatening to cause a serious humanitarian crisis. The situation forewarns of the expiry of the Strip’s stock of food products such as flour, rice, and oil. In addition, the expiry of the stock of medical supplies and drugs threatens the lives of the civilian population. In this regard, it is noted that 147 brands of medications have run out. Although some humanitarian assistance was allowed into Gaza through Karm Abu Salem (Kerem Shalom) crossing, the quantities do not cover the needs of the Strip, which amounted to 200 truckloads daily through Al-Mentar crossing prior to these developments.

The latest comprehensive closure developments reflected on an already deteriorated economy. Raw materials for factories ran out, causing tens of production facilities to close their doors and stop their work. In addition, the lack of construction materials stopped work in scores of construction projects. As a result, thousands of workers were added to the ranks of the unemployed, which reached 40%.[1] In addition, the poverty rate hit 80% in the Strip.[2]

Prior to 15 June 2007, there were serious movement restrictions through the Strip’s border crossings, which fluctuated between completely closed or partially opened for a short time. As a result, the movement of the Strip’s civilian population and the movement of goods have been severely restricted. The partial opening of some of these checkpoints to allow some food, medical, and industrial products did not decelerate the rate of deterioration in the humanitarian situation in the Gaza Strip, whose residents are suffering serious violation of their social and economic rights.

The comprehensive closure imposed on the Gaza Strip, since the outbreak of Al-Aqsa Intifada on 29 September 2000, has led to the destruction of the components of the local economy. Most economic sectors are stagnant by the limited movement of imports and exports. Thus, unemployment soared. The situation worsened further when the payment of salaries for governmental employees was interrupted for 15 months as a result of donor sanctions and freezing of Palestinian tax monies in Israel in March 2006.

The closure of the Gaza Strip’s border crossings has created a serious crisis. The immediate opening of these crossings to allow safe and free flow of food, medication, and humanitarian assistance is a necessity to avert a humanitarian crisis. In addition, the Rafah International Crossing must be reopened immediately to allow thousands of civilians to return to their homes from Egypt, especially patients, women and children. In addition, the Rafah Crossing must be open to allow hundreds of patients in Gaza to seek medical treatment outside the Strip.

The most notable developments regarding the Gaza Strip border crossings during the reporting period can be summed up in the following:

 

Rafah International Crossing Point:

The crossing has been closed for 36 days, without exceptional or partial openings for emergency cases. IOF completely closed the crossing since 10 June 2007. During the reporting period, the crossing was opened exceptionally once, on 18 June 2007, to allow the passage of 160 Palestinians who had been in El-Arish airport in Egypt.

The crossing’s closure created a humanitarian crisis for thousands of Gaza residents on the Egyptian side waiting to return to their homes in the Strip. Many of them are forced to stay for extended periods of time without sufficient resources to cover their housing, food, and healthcare necessities. More than 6,000 Palestinians, including at least 1,200 patients, are waiting on the Egyptian side to return to their homes. The lack of sufficient infrastructure for these travelers threatens the lives of hundreds of patients returning to Gaza after treatment trips abroad. In addition, hundreds of expatriate families who returned to Gaza for brief visits and hundreds of patients are inside the Strip and wait for the chance to travel outside the Strip.

The crisis is worsened for Palestinians in other countries who want to return to the Strip. These are not allowed to enter Egypt so as not to accentuate the crisis of travelers on the Egyptian side. Merchants, students, and families on trips abroad are forced to stay beyond their intended time and resources.

PCHR has documented the death of 15 Palestinian travelers on the Egyptian side. Two were killed in a road accident on their way to the crossing. The others died as a result of deterioration in their health conditions. IOF refused to allow the return of the bodies through Rafah Crossing. The bodies were allowed to return to Gaza through Karm Abu Salem (Kerem Shalom) crossing after a delay of a few days.

Thousands of Gaza Strip residents inside the territory, including 400 patients requiring urgent medical care abroad due to lack of facilities inside the Strip are waiting for the chance to travel outside the Strip. In addition, there are hundreds of students studying outside the Strip and residents of other countries who await the chance to return to their studies and places of residence.

 

Table of Days of Operation of Rafah International Crossing Point during the Report Period

 

The crossing was completely closed for 63 days during the reporting period. It was partially closed another 13 days. Thus, the number of total closure days for the year rises to 146 days, and partial closure days rise to 50 days. Since 25 June 2006, the crossing was totally closed for 297 days and partially closed for 82 days.

 

Table of Palestinian civilians who died at the Egyptian side of the border during the Report Period

 

 

Al-Mentar (Karni) Crossing:

During the reporting period, this crossing witnessed the highest closure rate (complete and partial) since the start of the year. The crossing was closed for 30 consecutive days in the face of commercial imports and exports. The crossing was opened for 7 days to allow wheat and food. The closure of the crossing has had serious repercussions on the economic and humanitarian situation in the Strip.

IOF closed the crossing on 13 June 2007 completely. It was opened exceptionally on:

–         26 June from 12:00 till 15:30 to allow the passage of 11 trucks of flour.

–         29 June for 2 hours to allow the passage of 9 truckloads of flour and a limited amount of aggregate.

–         2-4 July to allow the passage of 1,600 tons of wheat.

–         10-11 July to allow the passage of 218 tons of flour.

The continued closure of the crossing in this manner for an extended period of time has paralyzed the lives of the civilian population, and puts the Strip on the verge of a humanitarian disaster. The Strip’s markets suffered from a severe shortage of food products such as flour, rice, and baby milk during a 10-day complete hermetic closure of the Strip, after which IOF allowed passage of basic necessities through Karm Abu Salem and Sofa crossings. As a result, prices increased, placing an additional burden on the 80% of the population living under the poverty line. The shortage in wheat resulted in the suspension of work in 3 out of 6 mills in the Strip.

It is noted that the Gaza Strip needs amount to 1,200 tons of basic materials including 668 tons of food products and 37 tons of medical needs.[3]

The continued closure of the Strip’s commercial crossings, most notably Al-Mentar (Karni), is destroying Gaza’s economy and threatens to lead to the total collapse of the private sector. Approximately 3,120 out of 3,900 production facilities that were operational in August 2005 have closed shop[4], suspended their production, or are working under 25% capacity as a result of the lack of raw materials. Production decreased by 80%, and employers were forced to lay off workers. With approximately 35,000 employees in Gaza’s private sector, the unemployment rate is set for a dramatic increase. This increase will be more drastic if 35,000 construction workers are added.[5] These workers are effectively unemployed due to the lack of cement and constructions materials.

The closure of Al-Mentar crossing has had a detrimental effect on the health sector. The Strip’s hospitals and healthcare facilities are suffering from serious shortages in several important medications for chronic cases, and in medical equipment. The Strip’s largest hospital, Shifa Hospital, urgently need replenishment of stocks in 147 kinds of drugs and medical equipment.[6] In addition, pharmacies in the Gaza Strip have run out of more than 20 types of important medications including medication for high blood pressure, osteoporosis, eye pressure and sensitivity, diabetis, and ear infections. Some of these medications ran out nearly 4 months ago. And there is concern that the health sector will suffer shortages in additional drugs and medical supplies, which threatens to cause a more serious deterioration in the health conditions.

Al-Mentar crossing was completely closed for 31 days during the reporting period. In addition, it was partially closed for 9 days. Thus, the number of total closure days for the year increased to 48; and partial closures increased to 37.

It is noted that the start of the reporting period witnessed an improvement in the movement of goods through the crossing with a daily average of 500 truckloads of imports and 55 truckloads of exports. The crossing was closed completely over sporadic periods prior to its complete closure on 15 June 2007. It was completely closed for 3 days from 15 to 18 May. The crossing was operation for one hour only on 20 May. It was completely closed on 21 May and reopened for 4 hours only the following day. On 23 May, it was completely closed due to a Jewish holiday.

 

Beit Hanoun (Erez) Crossing:

The Beit Hanoun (Erez) crossing was closed throughout the reporting period. It was closed for 76 days, raising the total since the beginning of the year to 196. After the Hamas takeover of the Gaza Strip on 15 June and withdrawal of the Palestinian Liaison resulting in a stoppage in coordination between both sides, IOF took more stringent closures at the crossing. IOF razed all Palestinian structures in the area, and banned the passage of exceptional cases that were allowed to enter before. These exceptions included 400 merchants, staff of international organizations with permits, families of prisoners detained inside Israel who visit their kin in coordination with the ICRC, and some humanitarian cases such as patients and injured persons.

The new measures were enforced for 4 days, after which IOF allowed only urgent medical cases to pass through. On 19 June 2007, IOF allowed 9 patients to enter after coordination with the ICRC. Later, IOF allowed workers in international organizations to pass through. In addition, IOF allowed the passage of 150 Palestinian security personnel and their families to go to the West Bank after coordination with President Abbas office. Prior to 15 June, IOF closed the crossing for exceptional cases several times. On 19 May, there was an unannounced closure of the crossing. And it was closed for 2 days on 22-23 May due to Jewish holidays.

During the reporting period, IOF hindered and/or banned the entry of tens of patients across the crossing. As a result, an average of 9 patients a day only (total of 650) passed through the crossing during the reporting period. It is noted that only seriously ill patients apply for transfers to Israeli and West Bank hospitals. They are unable to travel to Egypt for treatment due to the closure of Rafah International Crossing Point. Patients given permission to pass through are forced to wait for hours to undergo complex procedures that include exhaustive and humiliating searches. In addition, patients are burdened with the additional cost of renting an Israeli ambulance to take them from the crossing to their destination hospitals since IOF ban Palestinian ambulances from passing through.

About a year ago, the number of patients allowed to pass daily was approximately 50. However, it has been reduced gradually. Furthermore, IOF ban women under 35 and men under 30 from treatment in Israeli hospitals. Only serious cases from severe injury are allowed to pass through.

According to the ICRC that coordinates family visits to Gaza prisoners in Israeli jails, the IOF have refused 170 out of 300 requests for visiting prisoners in Israeli prisons. Family visits to Gaza prisoners were organized 4 days a week: Monday, Tuesday, Wednesday, and Thursday. Buses take the families to the prisoners after the former are searched thoroughly.

In addition, IOF continue to ban elected PLC members, especially Hamas members, from traveling to the West Bank through the crossing.

 

Nahal Ouz Crossing:

This crossing is designed for fuel imports for the Gaza Strip. It has operated below its capacity. During the report period, the crossing was closed for 8 days. The entry of benzene was denied for 1 day. IOF hindered work in the crossing another 3 days, but allowed the entry of limited amounts of fuel. The number of total closure days since the start of the year rises to 28, the number of closure for benzene rises to 47 days, and the number of kerosene closure remains at 35 days.

During the reporting period, the crossing was completely closed without announcing the reasons on 4 and 18 May 2007. On 20-21 May, only limited amounts of fuel were allowed to pass. The crossing was closed on 22 and 23 May due to Jewish holidays. And on 25 May, the crossing was inexplicably closed.

The Israeli fuel company Dor Alon did not supply the Strip with its fuel needs on 15 June 2007 after the Hamas takeover. But on the following day, the company resumed limited fuel supplies to the Strip, meeting the daily needs without the possibility for strategic storage. It is noted that the Strip fuel needs are 200 – 250 tons of gas daily, and 2 million liters of benzene and 8 million liters of kerosene monthly.

 

Sofa Crossing:

During the reported period, this crossing, which is designed for the entry of raw construction materials, was completely closed for 67 days, whereas it was partially operated for 17 days to allow emergency and food materials. Since the beginning of 2007, IOF have closed the crossing for 135 days.

IOF closed this crossing for construction materials on 15 June 2007. And due to the closure of other crossings designated for food and medicine, IOF opened Sofa crossing partially for 17 days to allow the passage of 1,326 trucks loaded with food, 4 truckloads of medical products, 1,110 tons of flour for the World Food Programme.

The closure of the Sofa crossing has had a negative impact on the Strip. Although the amount of aggregate (67.455 tons) allowed through during this report period was higher than the previous reporting period, the amount constitutes less than 25% of the Strip’s need of this material. The severe shortage in construction materials, and subsequent rise in prices, paralyzed many governmental and non-governmental construction projects. The deterioration in the construction sector has had a dramatic impact on unemployment, which stood at 40% prior to the newest closure measures.

 

Karm Abu Salem (Kerem Shalom) Commercial Crossing:

During the reporting period, the crossing was used to allow humanitarian assistance into the Gaza Strip in light of the continued closure of Al-Mentar crossing. IOF are trying to force the Palestinian side to use this crossing instead of Al-Mentar crossing for commercial purposes and instead of Rafah Crossing for travel.

The crossing was completely closed for 53 days during the reporting period, bringing to 154 the total number of closure days since the beginning of the year. It was partially opened 23 days to allow passage of 2,320 tons of humanitarian assistance and 60 truckloads of food for the World Food Programme and CHF. In addition, 16 truckloads of medicine were allowed to pass for the Ministry of Health and the ICRC. IOF also allowed the passage of 11 tons of animal fodder, 14 truckloads of dairy products, 4 trucks of frozen meat, and 195 truckloads of food for local merchants.

 

In light of the above:

1)            PCHR asserts that the closure imposed by IOF constitutes a form of collective punishment and retaliation against the Palestinian civilian population in the Occupied Palestinian Territory.

2)            The closure violates international humanitarian law, particularly the Fourth Geneva Convention, and international human rights law, particularly the International Covenant on Economic, Social and Cultural Rights.

3)            The policy of closure leaves disastrous impacts on all aspects of life in the OPT, and causes further deterioration in economic and social conditions.

 

PCHR reiterates its call for the international community to:

–     Intervene immediately to open Rafah International Crossing Point and end the suffering of more than 6,000 travelers, including hundreds of patients, living under unacceptable circumstances on the Egyptian side of the border.

–     Continuously pressure IOF to open the Strip’s border crossings to allow the free and safe passage of goods, basic needs, and persons.

–     Intervene immediately to ensure respect of International Humanitarian Law and International Human Rights Law, and to stop the serious deterioration of the conditions of the civilian population of the Strip.

–     Force IOF to cease the use of collective punishment against the Strip, including the prolonged closure of borders that violate the economic and social rights of the civilian population.

–     Reminds Israel of its responsibilities as an occupying power in accordance with Article 55 of the Fourth Geneva Convention that states, “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, except for use by the occupation forces and administration personnel, and then only if the requirements of the civilian population have been taken into account.” The High contracting Parties of the Convention must fulfill their responsibilities as determined by Article 1 which call for ensuring that the Convention is respected by Israel as an occupying power.