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Canada and the United States of America (USA), followed by
the European Union and Japan, have suspended their financial aid to the
Palestinian National Authority (PNA). This came in the wake of the
Palestinian legislative council elections that were held last January,
the resulting victory of the Islamic Resistance Movement (Hamas) that
secured the movement a parliamentary majority, and the subsequent
formation of the Palestinian government by the Hamas parliament bloc.
These parties, in an attempt to compensate for their decision to cut aid
to the PNA, have decided to continue to provide humanitarian assistance
through United Nations (UN) institutions and through non-governmental
organizations (NGO's).
This paper outlines
the position of the Palestinian Centre for Human Rights (PCHR) regarding
these rapid developments, which will have severe repercussions in the
upcoming period on humanitarian and living conditions for Palestinians
in the Occupied Palestinian Territory (OPT). The paper expresses PCHR's
dissatisfaction and disappointment at the double standards displayed by
the afore-mentioned members of the international community, as well as
their politicization of international law in order to employ it
according to narrow interests and certain political considerations. In
addition, the paper exposes the underlying dangers of the decision, not
only because it constitutes collective punishment of the Palestinian
people and contributes to a worsening of their economic and social
suffering, but also the dangers for Palestinian civil society and NGO's
in the Arab world as a whole. These dangers are due to the following
considerations:
1- Over the years, human rights organizations and other civil society
institutions have been asking the international community to intervene
effectively and seriously in order to take practical steps against the
sustained challenge by the State of Israel and its occupation forces to
international law, including International Humanitarian Law and
International Human Rights Law. These requests were lodged in an effort
to force Israel to respect its legal obligations towards Palestinian
civilians in the OPT. Since the outbreak of the Al-Aqsa Intifada in
September 2000, local, regional and international civil society
organizations have increased their calls for international intervention
to protect Palestinian civilians in the face of escalating war crimes
and other serious violations of International Humanitarian Law (as
outlined in the 4th Geneva Convention of 1949 on the protection of
civilians in times of war) perpetrated by Israeli Occupation Forces (IOF)
against Palestinian civilians. These legitimate demands are based on:
- The Fourth Geneva
Convention of 1949 relative to the Protection of Civilian Persons in the
Time of War, which states in its first article, "The High Contracting
Parties undertake to respect and to ensure respect for the present
Convention in all circumstances." In addition, Article 146 of the
convention outlines specific obligations of contracting parties,
including undertaking legislative procedures, to pursue those suspected
of committing serious violations, and to bring them to trial or hand
them to a third party interested in bringing them to trial.
- The second article of the EU-Israel Association Agreement states that
" Relations between the Parties, as well as all the provisions of the
Agreement itself, shall be based on respect for human rights and
democratic principles, which guides their internal and international
policy and constitutes an essential element of this Agreement. "
2- Despite all of
this, there has been chronic failure by the international community,
especially the High Contracting Parties of the 4th Geneva Convention and
EU countries, to fulfill the afore-mentioned legal obligations. This
failure has effectively encouraged the State of Israel (a belligerent
occupation force) to continue to challenge international law, to act as
a state above the law enjoying special political and legal impunity, and
to persist in and escalate the perpetration of crimes and violations
against Palestinian civilians in an unprecedented manner. These crimes
and violations included: excessive use of force; willful killing and
extra-judicial executions; settlement expansion, land confiscation, and
continued construction of the annexation wall; destruction of civilian
property; imposing collective punishment including closure and severe
movement restrictions; torture and inhumane treatment; and denying
justice to Palestinian civilians, including denying them reparation for
crimes committed by IOF against them, as well as "non-investigation" of
thousands of these crimes. Over the past 6 years, these actions have
resulted in serious humanitarian crises and in an unprecedented
deterioration in the economic and social conditions of Palestinian
civilians, including the increase of poverty and unemployment rates.
3- The requests of
civil society institutions to the international community (especially
the High Contracting Parties of the convention and the EU) have been
reasonable within the framework of these parties' legal obligations.
For example, requests made to the EU did not call for imposing sanctions
on the State of Israel, but for activating Article 2 of the Association
Agreement and suspending the privileges given to Israel until it
fulfills its obligations. Requests made to the High Contracting Parties
simply called for a conference of these parties to be convened, in order
to discuss options to force Israel to respect the convention and to work
towards pursuing those responsible for serious violations of the
convention.
4- In light of the escalating IOF crimes and violations against
Palestinian civilians, it was hoped that these requests would be heard;
and that the international community would take practical steps against
Israel to ensure its respect for International Law.
5- Regrettably, the
victim (the Palestinian people living under Israeli occupation) was
punished instead of punishing Israel for the crimes it perpetrates.
6- Decisions to halt financial aid to the PNA are a punishment of the
Palestinian people as a whole for their democratic choice, and not a
punishment of Hamas. The last legislative elections and their results
were the culmination of a series of unique, democratic transformations
and reforms. Despite the occupation conditions and their complications,
the Palestinian people succeeded in holding free and fair elections that
constitute a unique example of democracy in the Arab world as a whole.
This successful democratic process was confirmed by the governments of
the countries that subsequently decided to halt aid and impose
sanctions.
7- These decisions will have severe repercussions on economic, social
and living conditions in the OPT. These conditions have been
deteriorating for years due to the closure policy and the policy of
destroying property, including the bulldozing and confiscation of
agricultural land, as well as other Israel policies targeting
Palestinian civilians. World Bank figures indicate that more than 50%
of Palestinians in the OPT are currently living under the poverty line.
The poverty rate in the Gaza Strip is more than 70%. Unemployment is
34% in the OPT, but is 44% in the Gaza Strip. During times of complete
closure, unemployment soars to 55% in the Gaza Strip. International
economic indicators point to a severe decline of nearly 40% in the Per
Capita Income level compared to levels seen before the Intifada. The
economic and social conditions will undoubtedly deteriorate further,
especially if the PNA is unable to pay the salaries of its staff. Thus,
an additional 150,000 workers will be added to the unemployment
statistics.
8- PCHR strongly rejects the decision taken by members of the
international community to halt their aid to the PNA, as well as their
policy of attempting to continue to provide aid through civil society
institutions. In this regard, the Centre warns of:
- The danger of
presenting civil society institutions as agents and collaborators of
foreign governments, and portraying them as partners in implementing
their policies;
- Civil society institutions are not a parallel body or an alternative
to the PNA and the Palestinian government; and
- Civil society
institutions are not qualified and are incapable of playing the role of
the alternative to government.
9- The decisions to halt aid are devoid of logic and provoke the
discontent of civil society institutions, including human rights
organizations, as well as Palestinian and Arab democratic forces. The
Centre warns of the dangerous consequences of these decisions on
Palestinian and Arab public opinion, and their negative effects with
regards to:
- Blemishing the
picture of civil society and its institutions, and undermining its
struggle for democracy, human rights, and sustainable development; and
- Undermining democracy by having countries that call for democracy
subsequently turn their backs to the results of fair and free elections,
and having these countries adopt double standards in this regard.
10- The world as a
whole has fallen for the Israel policy of unilateralism in the OPT.
After the siege and isolation the late President Arafat, Israel hastened
its unilateral policies and steps under the pretext that there was no
Palestinian partner. This included the construction of the annexation
wall, settlement expansion and confiscation of Palestinian land. After
the death of President Arafat in November 2004 and the subsequent
election of Mahmoud Abbas as President of the PNA in free and fair
elections in January 2005, Israel continued its unilateralism under the
same old pretext. This included the implementation of the unilateral
disengagement from the Gaza Strip and the continued construction of the
annexation wall in the West Bank. The last legislative elections,
followed by the Hamas victory and formation of government, were
additional pretexts employed by Israel to continue its unilateral
policies and impose irrevocable facts on the ground in the OPT. The
danger herein is that the world has started to adopt the Israeli policy;
thus turning the issue from ending the Israeli occupation and its
actions against Palestinian civilians, and from forcing Israel to
respect International Humanitarian Law, to collective punishment of the
Palestinian people.
Conclusion:
The decision to halt financial aid to the PNA is a punishment of
Palestinian civilians in the OPT during a time of IOF escalation of
crimes and violations against these civilians, including closure, denial
of basic humanitarian needs, destruction of property and bombardment.
Regrettably, these crimes are perpetrated under the eye of the
international community, without serious international action to force
Israel to respect its legal obligations and respect International
Humanitarian Law regarding the protection of civilians at times of war.
PCHR expresses its disappointment at the double standards employed by
the countries that have decided to halt aid in general, and the EU in
particular. The Centre calls upon these members of the international
community to review their unjust decisions, which will have catastrophic
effects on the living conditions of Palestinian civilians in the OPT,
and will reflect negatively on advocates of democracy and human rights
in the region.
