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uman The Barricaded Country H ing elebrating d C 1979-2019 en f e D Election of Shawan Jabarin, General Director In This Issue of Al-Haq, as Secretary-General of FIDH for the 2nd Time Shawan Jabarin, General Director of Al-Haq 3— Election of Shawan Jabarin, General Director of Al-Haq, as he International Secretary-General of FIDH for the 2nd Time Federation for Human Rights T th 4— Al-Haq concludes an orientation course for Internationals in (FIDH) convened its 40 the OPT annual international Congress which took 6— Al-Haq Calls on the Liquor Control Board of Ontario (LCBO) to place from October Release Taybeh Wines for Local Sale 21-25, 2019 in Taipei, Taiwan, and 9— Al-Haq Participates in Fifth Session of the IGWG on Trans brought together national Corporations and other Business Enterprises on 450 representatives the Revised Draft of the Legally Binding Instrument on of local, regional Business and Human Rights and international civil society, 13— Over 280 ESCR-Net Members Call for Stronger Treaty to experts, diplomats, Regulate Corporate Activities representatives of international 15— Al-Haq’s Engagement with the UN Committee on Economic, institutions, Taiwanese Social and Cultural Rights for Israel’s Fourth Periodic Review political authorities, and AL-HAQ EXTENDS FIDH financial partners. Following the secret 17— Joint Statement: Continued Delay of the UN Database ITS GRATITUDE by the UN High Commissioner for Human Rights, Unfounded ballot elections of the federation’s President and Unacceptable TO ALL ORGANIZATIONS and members, Al-Haq’s 20— Update: Administrative Court of Cologne rules in favor of General Director Shawan Jabarin was re-elected as FIDH Secretary-General THAT VOTED IN for the second time, with 84 of the 102 organizations participating voting in supporters of BDS Movement FAVOUR AND favour. 22— Special Focus: Three Palestinians Killed during the Great CONGRATULATES The member organisations of the International Federation for Human Rights (FIDH) elected their new president, Botswana activist Alice Mogwe, during its Return March Protests ALL COLLEAGUES 40th Congress in Taiwan. Alice Mogwe, a staunch human rights advocate and civil society leader, will lead the Federation for the next three years, ushering 27— Al-Haq Welcomes Launch of World Health Organization WHO WERE ELECTED in its 100th anniversary in 2022. Report on the Right to Health in the Occupied Palestinian During the Congress, 16 new organisations were approved to join FIDH, Territory increasing its membership to 192. The newly elected International Board is composed of 22 activists from 21 countries. 32— Al-Haq Launches a Report and a Documentary on Climate Al-Haq extends its gratitude to all organizations that voted in favour and Change Adaptation in the Occupied Palestinian Territory congratulates all colleagues who were elected, in particular at the regional level, including Ms. Nedal Al Salman, who was elected as Vice-President. Al- 33— Adaptation under Occupation: Climate Change Vulnerability Haq further congratulates Ms. Alice Mogwe of Botswana on her election as in the Occupied Palestinian Territory FIDH President. Al-Haq extends its gratitude and appreciation to all victims of human 34— Al-Haq Field Report on Human Rights Violations in October rights violations worldwide, and in Palestine, and to the global human rights 2019 movement, especially to the Palestinian Center for Human Rights and Al

Humanity. Vol. I, No. 4, October 2019 Humanity. Vol. I, No. 4, October 2019 Mezan Center for Human Rights. 2 3 1979 2019 Al-Haq concludes an orientation course for Humanity Internationals in the OPT

l-Haq Center for Applied The orientation course on international humanitarian law the different international legal International Law has included presentations by Al-Haq (IHL) and international human rights frameworks applied in the OPT and Aconcluded a four-days legal professionals and partner law (IHRL) and their applications, some of the key violations taking international law orientation course organizations including Addameer in addition to an introduction to place. for diplomatic staff and employees of Prisoner Support & Human Rights business and human rights, an The course addressed the human international organizations currently Association and BADIL Resource innovative topic investigated by rights situation locally, and the in the Occupied Palestinian Territory Center for Palestinian Residency and Al-Haq which seeks to challenge violation committed by the local (OPT). The course was held at the Al- Refugee Rights on key legal issues in the relationship between business Palestinian Authorities and examined Haq Center for Applied International regards to the OPT, both organization interests and the policies of the Israeli the situation of the judiciary and Law in Ramallah, on 30 September - gave valuable input on some recent Occupying Power, which exploits the the performance of the Supreme 3 October, 2019, and was attended trends witnessed by their work prolonged occupation of Palestinian Court of Justice. Looking at human by 30 participants from different and updated the group on some of territory for the benefit of Israeli and rights violations committed by the countries representing diplomatic the recent violations in regards to Participants cross the other transnational corporations. Palestinian Authority, Al-Haq focused guarded gate by the Ibrahimi missions and international Palestinian prisoners and refugees. Mousque in the old city of The course also involved two on arbitrary detentions and arrests in organizations working in the OPT. The sessions also included input Hebron field visits; to the old city of Hebron addition to violations on the rights to THE COURSE ALSO (H2), in which the situation on the freedom of expression and peaceful INVOLVED TWO ground was examined closely in assembly. FIELD VISITS; TO light of human rights violations that Advocate Sahar Francis, head of were witnessed and documented Addameer presented the situation THE OLD CITY OF by Al-Haq. The second field visit was of the Palestinian prisoners in Israeli HEBRON (H2),AND organized in the Jordan Valley, in prisons, and how the Israeli military TO THE JORDAN which forcible transfer and access judicial system is applied. Lubna VALLEY to natural recourses by Palestinians Shomali from Badil talked in details were observed especially in Ein about the refugees situation and the Ras Al Ouja, Al Ouja water spring coercive environment in the OPT. and Al Jiftlik community. In Al Jiftlik Palestinian refugees constitute one the group visited a house that was of the largest and longest-standing demolished in 2017 and a date unresolved refugee groups in the farm owned by Palestinian farmers, world today. including its primal packaging house. Al-Haq Center for Applied At the end of the visit to the Jordan International Law specializes in the Valley, the group did a quick stop practical application of international by an Israeli packaging house. This law and aims to combine theory and was an opportunity for professionals practice to enhance the capabilities to enhance their understanding of of human rights defenders by the OPT legal context, impact of providing them with essential occupation and settlement presence applied knowledge for defending and expansion policies on the human human rights issues at the national, rights situation, and expand their regional and international levels. knowledge on the applicability of Humanity. Vol. I, No. 4, October 2019 Humanity. Vol. I, No. 4, October 2019 4 5 1979 2019 Al-Haq Calls on the Liquor Control Board of Humanity Ontario (LCBO) to Release Taybeh Wines for Local Sale

n March 2019, Palestine Just Trade Attorney General of Canada, that illegal under international law and of Palestinian Taybeh wines and Incorporated (PJTI), a Canadian illegal settlement products cannot recognized as such by Canada, have beers, despite Palestinian Authority Icorporation, received approval be labeled as “Product of Israel” been held for such assessments.[3] (PA) assurances to the CFIA, from the Liquor Control Board of as Canadian law requires that On 6 September 2019, the Canada’s “that the Taybeh products that Ontario (LCBO) for the import of 5 consumers have accurate information Attorney General initiated an have been placed on hold have types of beers and 5 varieties of wines to inform their purchasing decisions. appeal of federal court decision in not been produced in any Israeli from Taybeh Brewing Company, a Now following the ruling in this case, Kattenberg.[4] settlement.”[6] Meanwhile, over 60 Palestinian brewery based in Taybeh Canada has delayed the Taybeh THE FEDERAL On 27 August 2019, the Liquor illegal settlement wines currently in the occupied West Bank. The COURT OF Control Board of Ontario (LCBO) produced in the occupied Syrian labels for each of these ten Taybeh then informed legal counsel for PJTI Golan and the occupied Palestinian products were pre-approved before CANADA RULED that it was waiting on the Canadian territory, yet labeled as “the Israeli- shipping by the LCBO on 28 March IN KATTENBURG Food Inspection Agency (CFIA) for occupied Syrian Golan Heights 2019. The label approvals included VS. ATTORNEY further instructions on labeling. or Israeli-occupied Palestinian the product origin as “Product of GENERAL PJTI and Taybeh continue to wait for territory” are being sold freely Palestine.” PJTI explained to Al- OF CANADA, a decision by the LCBO for release to consumers on the Canadian Haq, that in May 2019, the Taybeh and/or relabeling of the Taybeh market,[7] highlighting Canada’s products were shipped along with a THAT ILLEGAL wine and beer. discriminatory import practices and consolidated order from Haifa, which SETTLEMENT 1. Israel’s Deliberate Delays to bias rationale against Palestinian included goods labeled, “Product of PRODUCTS Frustrate Taybeh Exports products. Israel”. At the time, the shipment CANNOT BE Israel routinely delays and hinders 3. Legal Analysis represented the first ever export LABELED AS the export of Palestinian products, It must be noted that the State of of Taybeh products or any other impeding the development of Palestine, while not recognized by Palestinian beer and wine into the “PRODUCT OF Palestine’s export economy. Mr. Canada, is internationally recognized Canadian market. ISRAEL” Nadim Kanaan Daoud Khoury, the as a non-member observer State of According to PTJI, the container of manager of Taybeh, described to the United Nations and is party to Taybeh beers and wines arrived in Al-Haq, how Taybeh had “obtained over 60 international multilateral Canada on 16 July 2019, whereupon the necessary licenses from the treaties.[8] In addition, following LCBO began the processing and Palestinian Authority and from the the adoption of the Oslo Accords, testing of products, as per usual Israeli authorities as we export Canada and the Palestine Liberation processes. On 2 August 2019, the through Israeli ports.”[5] However, Organization (PLO) entered the Joint Taybeh products were ready for sale according to Mr. Khoury, the Israeli Canadian-Palestinian Framework to the Canadian market.[1] However authorities had initially refused to for Economic Cooperation and on 6 August, PJTI received a message mix “Product of Israel” goods with Trade Between Canada and the that LCBO had placed the Taybeh “Product of Palestine” delaying the Palestine Liberation Organization on products on hold, due a recent export from Haifa by two months. Behalf of the Palestinian Authority, Federal Court decision, whereupon imports for labeling assessment, 2. Discriminatory Application of in recognition that “economic PJTI immediately notified Taybeh of even though these are legitimate Canadian Law development is essential to peace the delay. Palestinian products.[2] There is no The Canadian authorities have and stability”.[9] In this vein, the On 29 July 2019, the Federal Court indication that any Israeli products further unduly delayed the import Canadian government assures of Canada ruled in Kattenburg vs. including those from settlements, Humanity. Vol. I, No. 4, October 2019 Humanity. Vol. I, No. 4, October 2019 6 7 1979 2019 Al-Haq Participates in Fifth Session of the IGWG Humanity on Transnational Corporations and other Business Enterprises on the Revised Draft of the Legally Binding Instrument on Business and Human Rights that “Palestinian exports to Canada Wine and Beer from the LCBO” (14 he fifth session of the people to their own natural wealth benefit from preferential treatment October 2019), available at: http:// Intergovernmental Working and resources. The intervention palestinejusttrade.ca/taybeh/we-are-still- offered in the 1997 Canada-Israel Group (IGWG) on transnational further stressed the need to include waiting-for-the-release-of-taybeh-wine- Free Trade Agreement (CIFTA)”[10] and T and-beer-from-the-lcbo/ corporations and other business the rights to life, liberty and security the modernized CIFTA that came in [2] “Canadian Food Inspection Agency enterprises, saw UN Member States, of person within the text, in order [11] place on September 1, 2019. Coddles the Oppressors, Victimizes experts, hundreds of civil society to ensure the protection for such However, as a High Contracting Party the Oppressed” (13 September 2019), organizations, social movements, and rights against corporate human available at: https://dimitrilascaris. to the Fourth Geneva Convention, other relevant stakeholders convene rights abuses. The intervention Canada has an obligation to org/2019/09/03/canadian-food- inspection-agency-defends-oppressors- AL-HAQ CALLS ON THE ORAL to discuss the revised draft of the also recommended the use of the respect and ensure respect for the [12] victimizes-the-oppressed/ CANADA TO TAKE INTERVENTION proposed binding treaty on business term “contractual relationship” in Convention. In addition, the United [3] Ibid. and human rights (hereinafter the text be replaced with “business Nations Security Council (UNSC) [4] STEPS TO NOT BROUGHT Marion Kawas, “Canadian government Legally Binding Instrument). The relationship”, in order to ensure resolution 2334 (2016), calls on to appeal landmark decision on labels ONLY ENSURE ATTENTION TO fifth session was held between 14 the applicability of its provisions to States to distinguish in their dealings for West Bank settlement products”, THE ACCURATE THE IMPORTANCE between the territory of the State Mondoweiss (11 September 2019), and 18 October 2019, chaired by situations which would be covered of Israel and territories occupied available at: https://mondoweiss. LABELING OF OF RECOGNIZING the Ambassador of the Permanent by the latter but not the former. net/2019/09/canadian-government- in 1967. By allowing settlement GOODS, BUT THE RIGHT Mission of the Republic of Ecuador Secondly, Al-Haq delivered an settlement/ to the United Nations. As part of this oral intervention under Article 5, producers to freely import goods [5] Al-Haq Affidavit of Nadim Kanaan TO PROHIBIT TO SELF- labeled “the Israeli-occupied Syrian Daoud Khoury, on file. session, Al-Haq took part in a number on behalf of Al-Haq, ESCR-Net, the Golan Heights or Israeli-occupied [6] “‘Product of Palestine Wine’ delayed THE IMPORT DETERMINATION of strategy meetings, including with International Federation for Human Palestinian territory” and delaying in Ontario over Labelling” CJNews (30 OF ILLEGAL AND PERMANENT ESCR-Net, Treaty Alliance and the Rights (FIDH), and The Centre the import of Palestinian products August 2019), available at: https://www. Global Campaign to Reclaim People’s for Research on Multinational cjnews.com/news/israel/court-decision- SETTLEMENT SOVEREIGNTY labeled as “Product of Palestine”; Sovereignty, Dismantle Corporate Corporations (SOMO), Trócaire, holds-up-sale-of-palestinian-wine GOODS OVER NATURAL Canada is simply facilitating the theft [7] Ibid. Power and Stop Impunity (Global Stop the Wall, Via Campesina, and of Palestinian land and validating it [8] UNGA 67/1 (2012). RESOURCES Campaign), and delivered joint oral the Trade Union Confederation of commercially, in contravention of [9] Joint Canadian-Palestinian Framework interventions, participated in side the Americas. The organisations the Fourth Geneva Convention and for Economic Cooperation and Trade events, a conference, and other welcomed the introduction of UNSC resolution 2334, while denying Between Canada and the Palestine Liberation Organization on Behalf of advocacy events. paragraph (3)(e) in Article 5 in the Palestinian economic development. the Palestinian Authority, available at: During the session, Al- revised draft of the Legally Binding Al-Haq calls on Canada to immediately https://www.international.gc.ca/trade- Haq delivered three joint oral Instrument, concerning due diligence release Taybeh wines and beers for agreements-accords-commerciaux/agr- interventions. First among these requirements in conflict and import into the Canadian market acc/other-autre/palestine.aspx?lang=eng was delivered on behalf of Al-Haq occupation settings. Nonetheless, the without any further and undue delay, [10] Canada-West Bank/Gaza Strip and ESCR-Net on the Preamble and organisations recommended that the and further calls on Canada to take Relations (31 October 2019), available at: Article 1 of the revised draft of the text of the Article be brought further steps to not only ensure the accurate https://www.canadainternational.gc.ca/ west_bank_gaza-cisjordanie_bande_ Legally Binding Instrument. The oral in line with that of the UN Guiding labeling of goods, but to prohibit the de_gaza/bilateral_relations_bilaterales/ intervention brought attention to the Principles on Business and Human import of illegal settlement goods and index.aspx?lang=eng importance of recognizing the right Rights in order to provide clarity services into the Canadian market, in [11] Canada-Israel Free Trade Agreement, to self-determination and permanent and concrete mechanisms to ensure compliance with international law. available at: https://www.international. gc.ca/trade-commerce/trade- sovereignty over natural resources that States can take action to directly

______agreements-accords-commerciaux/agr- within the document, highlighting prohibit businesses from pursuing acc/israel/fta-ale/index.aspx?lang=eng [1] Palestine Just Trade, “We are Still that to do otherwise would be predatory business operations and [12] (n 2). Waiting for the Release of Taybeh to neglect the collective rights of relationships in settings of conflict Humanity. Vol. I, No. 4, October 2019 Humanity. Vol. I, No. 4, October 2019 8 9 1979 2019 Humanity Humanity

and occupation. To this end, the Instrument. The organisations properties capital, accompanied Al-Haq along with Franciscans intervention recommended that the recommended that the language by the Article 43 principle that International and FIDH, endorsed an language of the text be amended to be brought further in line with that resources be administered for the oral intervention made by ESCR-Net that of “immediate appropriate and of international humanitarian law, benefit of the occupied population, member organisation CELS regarding effective actions” for the protection particularly The Hague Regulations thus highlighting the necessity Article 4 on the rights of victims and vindication of human rights. The 1907, the four Geneva Conventions for replacing the requirement for to information. The intervention intervention further recommended 1949, and the Additional Protocols “consultations” in Article 5.3 with highlighted the need of individuals, that where businesses fail or are of 1977. In relation to Article 9 and “consent”. The organisations further communities, and organisations unable to conduct enhanced human Article 5(3)(b), the organisations welcomed the inclusion of individual to adequate access to information rights due diligence and risk being recommended the consideration of AL-HAQ PARTICI- liability in Article 6 to ensure concerning violations. involved in human rights abuses Articles 7, 8, and 47 of the Fourth PATED IN A SIDE corporate accountability. Meanwhile, Al-Haq’s engagement during the and internationally recognised Geneva Convention (1949) which EVENT ORGAN- the organisations called for further session also included co-organizing crimes in the context of conflict and prohibit the occupied population clarification on the question of and participating in side events. On occupation, Article 5 should provide and their political representatives ISED BY TRÓCAIRE universal jurisdiction under Articles 15 October 2019, Al-Haq participated AND CHRISTIAN 7 and 9, while calling for express in a side event organised by Trócaire AID ENTITLED provision for forum necessitates and Christian Aid entitled “Putting “PUTTING INTER- countering the deliberate hindering intersectionality front and centre: and denial of justice rampant in A UN Treaty to address the impacts SECTIONALITY conflict and occupation settings. of corporate impunity on women FRONT AND CEN- Moreover, Al-Haq endorsed three and indigenous peoples.” Speakers TRE: A UN TREATY oral interventions. First, that of ESCR- at this event included Juana Toledo, TO ADDRESS THE Net member organisation Tebtebba a Mayan indigenous defender from Foundation on Article 5, which Guatemala; Anna Shahnzaryan, an IMPACTS OF COR- stressed the need to include more Armenian leading environmental PORATE IMPUNI- robust measures to protect the rights leader; Bilio Bolaños, a human rights TY ON WOMEN of indigenous peoples, including defender from CAJAR and member AND INDIGENOUS the requirement of “Free, Prior, and of the indigenous community of Informed Consent” enshrined in Awá, Nariño, Dr. Susan Power, Head PEOPLES.” Article 5(3)(b) of the UN Declaration of Legal Research and Advocacy on the Rights of Indigenous Peoples. Department at Al-Haq; and Alejandra Al-Haq also endorsed an oral Scampini, a corporate capture The fifth session of the intervention made by ESCR-Net specialist from Project PODER. Dr. for the possibility of explicitly from concluding agreements Intergovernmental Working member Project Poder regarding Power presented on corporate prohibiting businesses from pursuing resulting in the renunciation of rights Group (IGWG) on transna- Article 5, which highlighted the need involvement in Israel’s prolonged tional corporations their relevant operations and guaranteed under the Convention. to combat the insidious practice of military occupation and colonisation, relationships. The intervention referred to the corporate capture in order to ensure including policies of forcible transfer, The third joint oral intervention strict protections afforded to the protection and vindication of house demolitions and coercive delivered by Al-Haq was on behalf of public immoveable property in human rights. To this end, Poder environments, and their impacts on Al-Haq, SOMO, Trócaire, and ESCR- occupied territory, under Article stressed, it is imperative that Article women and girls in particular. Net regarding Articles 7-9 of the 55 of the Hague Regulations, 5(5) remain in future drafts of the On 16 October 2019, Al-Haq revised draft of the Legally Binding with obligations to safeguard the Legally Binding Instrument. Finally, and NOVACT organized a side Humanity. Vol. I, No. 4, October 2019 Humanity. Vol. I, No. 4, October 2019 10 11 1979 2019 Humanity Over 280 ESCR-Net Members Call for Stronger Treaty to Regulate Corporate Activities Beigel and in Barkan indutrial zone, Salfit event entitled “A Legally Binding impunity in the Occupied Palestinian ver the last two months, ESCR- corporations (TNCs) operating Instrument: Another Tool of Territory and to reflect on the recent Net members have come through global value chains in order Resisting Corporate Impunity during negotiations on the revised draft Otogether across different to ensure that the revised Treaty Occupation”. This event featured of the Legally Binding Instrument. regions to collectively analyze and is able to hold those corporations Letícia Paranhos, Friends the of Others were participating in discuss the content of a revised Draft accountable for human rights Earth International; Maha Abdallah, the event included Armenian Treaty, published on 16 July 2019 as violations or abuses. Al-Haq; Mahfud Moh Lamin Bechri, Environmental Front, Movimiento part of an ongoing intergovernmental Human rights defenders: The NOVACT; Maren Mantovani, Stop Rios Vivos Antioqua from Colombia process to fulfil UN resolution 26/9 Treaty must ensure consistency with the Wall; Mulay Lahsan Mohamed and the Global Campaign. to create a legally binding instrument the UN Declaration on the Rights of that would regulate, in international Human Rights Defenders to avoid Embarec AMRPEN; and facilitated by It should be noted that the human rights law, the activities of gaps and foster harmonization with Lina Maria Gonzalez Correa, NOVACT. negotiations on the revised draft of transnational corporations and other the spirit of the Declaration and to The side event showcased the need the Legally Binding Instrument during business enterprises. ensure the utmost protection of for a legally binding instrument in light the fifth session were concrete, as ESCR-Net members noted some defenders. of corporate impunity in situations UN Member States and civil society AL-HAQ AND NO- VACT ORGANIZED improvements in the revised Draft Access to Information: The Treaty of occupation, as well as relevant organisations contributed substantial Treaty echoing points from our must have guarantees of access to analysis and recommendations substantive text proposals. The A SIDE EVENT collective position papers issued last information for victims and affected on the revised draft of the Legally recommendations and conclusions ENTITLED “A year in reaction to the zero Draft. individuals or communities to prevent Binding Instrument. of the fifth session were adopted by LEGALLY BINDING These include improved language corporate abuses and violations prior Al-Haq’s extensive advocacy the IGWG. Meanwhile, civil society on conflict-affected areas, the to the commencement of, and during efforts were rounded off by participation in the process was INSTRUMENT: protection of indigenous peoples, the business activity as well as in the participating in a public conference. questioned by some UN Member ANOTHER TOOL and on protection of human rights remedy process. On 15 October 2019, Al-Haq States, including China and Brazil, OF RESISTING defenders. Indigenous Peoples Rights: The presented at a conference organised whereas other Member States, At the same time, ESCR-Net Treaty must guarantee the right to by the Global Campaign, entitled including Palestine and Egypt, called CORPORATE IM- members identified several gaps free, prior and informed consent” “Transnational Corporations and the for the continued involvement of civil PUNITY DURING in the revised Draft that must of indigencous peoples (FPIC). Walls-Industry. Migrant, Women and society in the process, considering OCCUPATION”. be addressed to ensure the full Consent and not mere consultation Palestinian Movements Resistances” importance. Nonetheless, States protection of human rights, including should be maintained in the Draft on the various methods by which agreed on the need to carry out more in the areas mentioned above. as a key principle as it offers a corporations contribute towards frequent and direct negotiations Some of these gaps form red lines, broader protective measure for the “Wall industry” in the Occupied amongst them. identified by ESCR-Net members, on marginalized communities beyond Palestinian Territory, including The sixth session will be held in 11 key issues that if crossed, could mere consultation. It advances undermine the purpose and goals within the broader FPIC principle through construction, maintenance, October 2020, following the release of the Treaty. To that effect, ESCR- protection of community values and and the exploitation of Palestinian of a second revised draft of the Net put together a position outlining consensus building. Consent must natural resources. Legally Binding Instrument by June alternative language to strengthen be continuous - with information In Barcelona, on Tuesday, 22 2020. Al-Haq will be submitting its the respect, protection, fulfilment provided at every stage of the project October 2019, Al-Haq participated written comments and proposals and promotion of human rights via for subsequent consent. in a public event organized by La for text amendments to the IGWG this Treaty. Gender and the Treaty: A non- Fede.Cat, supported by NOVACT and on the revised draft of the Legally Scope of the Treaty. While the binary gender, youth and children Suds, to present case studies from Binding Instrument. broadened scope is a note-worthy lens should be adopted and the ground relevant to corporate development, it is vital that a strong streamlined throughout the text. focus remain on transnational Most significantly, the text must Humanity. Vol. I, No. 4, October 2019 Humanity. Vol. I, No. 4, October 2019 12 13 1979 2019 Humanity Al-Haq’s Engagement with the UN Committee on Economic, Social and Cultural Rights for Israel’s Fourth Periodic Review enable the appointment of gender Business relationship vs. n 30 September 2019, Al-Haq measures and policies of land experts in the Committee that contractual relationship: The Treaty participated in a meeting confiscation, movement restrictions, oversees the implementation of the must ensure the responsibility of Oconvened between the house and property demolitions, Treaty. the parent company for the actions United Nations (UN) Committee on displacement and transfer of Economic, Social and Cultural Rights the occupied population, which Corporate Capture: The Treaty must of companies in its value and supply (the ‘Committee’ or ‘CESCR’) and civil ultimately seek to erase Palestinian adopt stronger safeguards against chain that are companies with society organisations as part of the presence through demographic corporate capture (undue corporate whom it has a business relationship fourth Periodic Review of the State engineering and the expansion of influence). It is fundamental that can be different from a mere of Israel under the International Israel’s illegal settlement enterprise. to protect the integrity of the contractual relationship with the Covenant on Economic, Social and Al-Haq specifically highlighted policymaking space, its participants, parent company. Cultural Rights (the ‘Covenant’). Israel’s policies and measures to and outcomes from the interests Primacy of human rights: The THE TREATY The meeting included a number deny and prevent the occupied of these corporations—including Treaty must reflect the primacy of of civil society and human rights Palestinian people access and control MUST REFLECT organisations to discuss Israel’s over their land and natural resources any potential, perceived, or actual human rights obligations over those THE PRIMACY OF ongoing violations of economic, in the OPT, and the role of private conflicts of interest. It is imperative to under bilateral or multilateral trade, HUMAN RIGHTS social, and cultural rights against actors, including agencies and develop good governance measures investment or other agreements. Palestinians within its jurisdiction, business enterprises, in the unlawful that safeguard against corporate Reference to economic and trade OBLIGATIONS i.e., in the Occupied Palestinian exploitation of Palestinian resources political interference at the national, agreements is weaker in the OVER THOSE Territory (OPT) and Israel, as well as for the benefit of the Israeli economy international, and intergovernmental revised Draft and can be further the Syrian population in the occupied and its settlement enterprise, thus levels, in the current discussions strengthened to ensure human rights UNDER BILAT- Syrian Golan. sustaining Israel’s prolonged military that pertain to the Treaty’s content, obligations always take precedence ERAL OR MULTI- Prior to the meeting, on 6 occupation and making it profitable. negotiations, implementation and over trade agreements. September 2019, Al-Haq, along with Al-Haq highlighted that business LATERAL TRADE, Al-Marsad – Arab Human Rights enterprises have benefited from the monitoring. State-owned companies: States INVESTMENT OR Centre in Golan Heights and Cornell occupation and lack of accountability Conflict-affected areas: To ensure must take additional steps and Law School’s International Human for their involvement in serious prevention of human rights abuses exercise a higher standard of care to OTHER AGREE- Rights Clinic (submitting parties), human rights abuses in their and violations by corporate activities prevent and protect from abuses and MENTS submitted a joint parallel report operations and relationships in the and States in conflict-affected areas, violations related to State-owned to the Committee, focusing on the OPT. This has obstructed and denied fragile and post conflict States, enterprises or in areas where the systemic and manifestly unlawful the occupied Palestinian people mandatory enhanced due diligence State is an economic actor. exploitation of renewable and non- sovereignty over natural wealth is necessary and must include a Extraterritorial Obligations: renewable energy resources in the and resources, pursuit of economic OPT and in the occupied Syrian Golan. development, and forced them into The Treaty can benefit from requirement not to pursue or start The submission further highlighted an entrenched dependency on aid, operations in certain situations in clearer language articulating the Israel’s infringements of, inter alia, thereby creating a captive market. which no due diligence can guarantee responsibilities of home and host the right to self-determination and Al-Haq urged the Committee to that there will not be complicity States in regulating business activity permanent sovereignty over natural acknowledge the role of private or contribution to violations that and holding accountable business resources for both occupied people, actors in infringing upon the social, in some cases may amount to entities for activity that violates or as well as the involvement of business economic, and cultural rights of [1] international crimes. It is important abuses human rights. For example, it enterprises in these violations. the occupied population, as the also to introduce more urgent and is important to note that the concept During the meeting with the Committee has done previously in Committee, Al-Haq reiterated other contexts, including Congo, immediate preventive measures, of forum non conveniens should be recommendations made in the joint Madagascar, and Cambodia. divestment and disengagement explicitly marked as not applicable written parallel report, reaffirming Furthermore, Al-Haq urged the policies, to avoid corporate for the purposes of this Treaty. Israel’s continued failure to respect, Committee to: involvement in and/or contribution protect, and fulfil the rights enshrined • Call on Israel to fulfil its to human rights violations in their in the Covenant for the occupied obligations towards the activities and relationships. Palestinian people, and systemic occupied population under Humanity. Vol. I, No. 4, October 2019 Humanity. Vol. I, No. 4, October 2019 14 15 1979 2019 Humanity Joint Statement: Continued Delay of the UN Database by the UN High Commissioner for Human Rights, Unfounded and Unacceptable

international human rights of Israel’s Nation-State Law on the he undersigned organisations that the High Commissioner and her law and international inalienable rights of the Palestinian express their serious concern Office maintain their independence humanitarian law, notably people. and disappointment that and are able to execute their with regards to the right In a follow up written submission T to self-determination and sent on 8 October 2019, responding the United Nations (UN) High mandates impartially and without [3] permanent sovereignty over to the Committee members’ Commissioner for Human Rights did interference. Meanwhile, civil natural resources; questions during the meeting not transmit to the Human Rights society organisations from around • Halt all discriminatory policies held on 30 September, Al-Haq Council, at its 42nd session, the the world have repeatedly called and practices, especially elaborated on Israel’s intentional database of all businesses engaged on the High Commissioner to fulfil land confiscation, closure, failure to guarantee the Palestinian in listed activities related to Israel’s the mandate of resolution 31/36 and movement restrictions people effective judicial remedies “IS NOT ONLY unlawful settlement enterprise (the (2016) and release the Database, imposed on the Palestinian for violations committed against Database) in the Occupied Palestinian noting that it “is not only important people, and stop providing them, the tangible implications of AL-HAQ HIGH- IMPORTANT FOR Territory (OPT), as mandated in for the protection of the rights incentives for businesses to Israel’s racist Nation-State Law for LIGHTED THAT THE PROTECTION Human Rights Council resolution of the Palestinian people, but operate in and with illegal the non-Jewish population of Israel, [1] Israeli settlements; Israel’s imposed closure of the BUSINESS EN- OF THE RIGHTS 31/36 (2016). The Human Rights also constitutes an important • Cease authorizing and Gaza Strip, which has made Gaza Council called for transmission of the development in international efforts OF THE PALES- th encouraging Israeli and uninhabitable, and other movement TERPRISES HAVE data at its 34 session in March 2017. to ensure respect for international multinational business and access restrictions across the BENEFITED FROM TINIAN PEO- The repeated, open-ended, law by State and non-State actors” enterprises from engaging OPT, which have had a detrimental PLE, BUT ALSO and unexplained delays have no and “an important tool to strengthen in activities in occupied impact on the right to health and THE OCCUPATION precedent in the handling of previous the implementation of international territories that directly and access to medical care for the AND LACK OF CONSTITUTES mandates by the Office of the High law and standards, including the indirectly result in serious and occupied Palestinian population. In ACCOUNTABILITY AN IMPORTANT Commissioner for Human Rights UN Guiding Principles on Business systemic human rights abuses the follow-up responses submitted (OHCHR). In March 2019, the High and Human Rights, in situations of against the occupied peoples, to the Committee, Al-Haq urged DEVELOPMENT FOR THEIR IN- Commissioner wrote to the President conflict and occupation.”[4] their property, and resources; CESCR to reiterate and adopt IN INTERNATION- and the recommendations of the UN VOLVEMENT IN of the Human Rights Council, The High Commissioner has not • Ensure that such business Commission of Inquiry on the Great SERIOUS HUMAN AL EFFORTS TO pledging to fulfil the mandate “in provided any substantive reasons activity is fully in line with Return March, including to call on RIGHTS ABUSES ENSURE RESPECT coming months.” Her decision not or explanations consistent with the its obligations, as occupying Israel, as occupying Power, to lift to do so at the Council’s September independence of her Office for the Power, under international its illegal closure of the Gaza Strip FOR INTERNA- session means that the Council will extended delay in the fulfilment of human rights law and with immediate effect. Ultimately, TIONAL LAW BY have no practical opportunity to the mandate entrusted to her. The international humanitarian Al-Haq called on the Committee to STATE AND NON- consider the report before its next OHCHR has had ample time to make law, as well as principles recognise that Israel’s prolonged session in March 2020 – a full year all necessary preparations for the of corporate responsibility occupation is incompatible with its STATE ACTORS” after the High Commissioner made release of the Database, including under international law. obligations under the Covenant to [5] Meanwhile, civil society uphold the right of the Palestinian her commitment. contacting companies. In order to The OHCHR’s failure so far to fulfil protect and uphold the human rights organisations addressed other people to self-determination. the mandate, explicitly stipulating the of Palestinians and the integrity of pertinent violations under the ______Covenant against the Palestinian [1] See full list of recommendations transmission of the data gathered, OHCHR, it is imperative that the people within Israel’s jurisdiction, at: Al-Haq, ‘Joint Submission to UN is of deep concern, particularly in High Commissioner immediately including: house demolitions, Committee on Economic, Social and light of consistent reports of political publish and transmit the Database the revocation of the permanent Cultural Rights ahead of Israel’s Fourth interference by some states in the to the Council, including the names residency status of Palestinians in Periodic Review’ (11 September 2019) implementation of this resolution.[2] of all companies listed, and commit Jerusalem, the unlawful 12-year available at: http://www.alhaq.org/ In July 2019, during the 41st Human to the annual update of its contents. Israeli imposed closure of the Gaza advocacy/15138.html Rights Council session, some 90 Otherwise, the High Commissioner Strip, which amounts to collective punishment, and the ramifications states, in two joint statements, should state publicly her principled Humanity. Vol. I, No. 4, October 2019 Humanity. Vol. I, No. 4, October 2019 emphasized the crucial importance grounds, consistent with the 16 17 1979 2019 Humanity Humanity

independence of her Office, for not of the data would provide a degree press/en/2019/sc13853.doc.htm carrying out the specific mandate of transparency over these activities [7] David M. Halbfinger, ‘Netanyahu Vows to Start Annexing West Bank, in Bid to Rally entrusted to her. and serve as a tool to assist states the Right’ (New York Times, 6 April 2019) https://www.nytimes.com/2019/04/06/ Since the establishment of the and businesses to uphold their world/middleeast/netanyahu-annex-west-bank.html?module=inline; BBC, ‘Israel PM Netanyahu vows to annex occupied Jordan Valley’ (10 September 2019) https://www. Database mandate in 2016, Israel obligations and responsibilities bbc.com/news/world-middle-east-49655226 has escalated its construction of under international human rights [8] “The violations of human rights associated with the settlements are pervasive and illegal settlements in the West Bank and humanitarian law. devastating, reaching every facet of Palestinian life, owing to settlement development and in September approved ex- and infrastructure, Palestinians suffer from restrictions on freedom of religion, post facto the outpost settlement PP 11.11.11 movement and education; their rights to land and water; access to livelihood and of Mevo’ot Yericho near Jericho in PP Al-Haq their right to an adequate standard of living; their rights to family life; and many other the Jordan Valley,[6] just days after PP Amnesty International fundamental rights.” Human Rights Council, Database of all business enterprises BUSINESS ACTIV- involved in the activities detailed in paragraph 96 of the report of the independent Prime Minister Netanyahu vowed to PP Cairo Institute for Human ITY IN OR WITH international fact-finding mission to investigate the implications of the Israeli annex the Jordan Valley if elected. Rights Studies (CIHRS) settlements on the civil, political, economic, social and cultural rights of the Palestinian [7] Business activity in or with PP The Centre for Research on SETTLEMENTS people throughout the Occupied Palestinian Territory, including East Jerusalem (26 settlements contributes in many Multinational Corporations CONTRIBUTES January 2018) A/HRC/37/39; The 2013 report of the UN commissioned International ways to the growth and development (SOMO) Fact-Finding Mission to investigate the implications of the Israeli settlements on the of these settlements and to serious PP CNCD-11.11.11 IN MANY WAYS human rights of the Palestinian people, found that “business enterprises have, directly human rights abuses.[8] OHCHR’s PP European Middle East Project TO THE GROWTH and indirectly, enabled, facilitated and profited from the construction and growth of the settlements.” Human Rights Council, Report of the independent international fact- repeated delays in releasing the (EuMEP) AND DEVELOP- Database and transmitting the P finding mission to investigate the implications of the Israeli settlements on the civil, P Global Legal Action Network political, economic, social and cultural rights of the Palestinian people throughout the data promote impunity and enable MENT OF THESE (GLAN) Occupied Palestinian Territory, including East Jerusalem (7 February 2013) A/HRC/22/63 further entrenchment and expansion PP Human Rights Watch. SETTLEMENTS of illegal settlements. Transmission AND TO SERIOUS [1] UN Human Rights Council, A/HRC/RES/31/36 at para 96 HUMAN RIGHTS [2] There have been several media reports highlighting political interference exerted against the publication of the Database. See for example: Josef Federman, Josh Lederman ABUSES and Jamey Keaten, ‘Israel races to head off UN settlement ‘blacklist’’ (AP, 26 November 2017), available at: https://www.apnews.com/9f910e5a7b264c38aad504a6147d9898; Nick Cumming-Bruce, ‘Clash Over Israeli Settlements Has a New Front: A Delayed U.N. Report’ (The New York Times, 5 March 2019), available at: https://www.nytimes. com/2019/03/05/world/middleeast/israel-united-nations-boycottcompanies.html [3] Al-Haq, ‘More than 100 Organisations Call for the Release of the UN Database of Businesses Engaged in Activities with Israeli Settlements’ (29 August 2019) http://www. alhaq.org/advocacy/14950.html [4] Al-Haq, ‘100 Palestinian, Regional and International Organisations Call on High Commissioner for Human Rights to Publish the UN Database on Business Enterprises with Activities Related to Israeli Settlements in the OPT’ (30 November 2018) http:// www.alhaq.org/advocacy/6130.html [5] See, for example, letter from High Commissioner for Human Rights, Zeid Ra’ad al-Hussein, to the President of the Human Rights Council, Ambassador Vojislav Šuc, on 7 August 2018, available at: https://extranet.ohchr.org/ sites/hrc/PresidencyBureau/BureauRegionalGroupsCorrespondence/ Corresp2014DL/180807LetterfromHCdatabase.pdf Israel’s Soda Stream factory in the settlement of Ma’ale Adumim, 2014 [6] See for example: United Nations Meetings Coverage and Press Releases ‘Special Coordinator Reports Largest Expansion of West Bank Settlements in 2 Years, as He Briefs Security Council on Middle East Peace Process’ (20 June 2019) https://www.un.org/ Humanity. Vol. I, No. 4, October 2019 Humanity. Vol. I, No. 4, October 2019 18 19 1979 2019 Sa’adat Gharib’s house in Beit Ijza is fenced in inside the settlement of Givon Hahadasha. October 2019. Update: Administrative Court of Cologne rules Humanity in favor of supporters of BDS Movement

n Friday 13 September be permitted to participate, due to such grounds constitutes “unequal provided for under Articles 10 and 2019, the Administrative their support of BDS. treatment” (“Ungleichbehandlung”), 11 respectively of the European Court of Cologne ruled that However on 13 September 2019, which is “not even remotely” Convention on Human Rights (ECHR) O [5] and integrated into German Basic the German-Palestinian Women’s the Administrative Court of Cologne justified. Association (as well as two other found that “the motions of the Bonn THE RIGHT OF With its decision, the Law. The right of individuals to Palestinian Solidarity Movements) City Council, as well as the motions INDIVIDUALS Administrative Court of Cologne choose to boycott is an important must be allowed to participate of the parliament of North-Rhine TO CHOOSE TO follows two earlier rulings by the component of the right to freedom in the Bonn cultural festival Westphalia (20 September 2018) Administrative Court of Oldenburg of expression and association. For (“Vielfalt! – Bonner Kultur - und and the German Bundestag (17 May BOYCOTT IS AN (Case 3 A 3012/16) [6] and the Higher this reason, the EU has explicitly Begegnungsfest”).[1] 2019), do not constitute legislative IMPORTANT Administrative Court of Lower Saxony affirmed the necessity to protect Over the past number of years, acts, but are political resolutions or in Lüneburg (Case 10 ME 48/19) the rights to freedom of expression COMPONENT [7] the German-Palestinian Women’s expressions of political will. These , which also protect access of BDS and of association, as enshrined Association, the German-Palestinian motions alone cannot justify, from OF THE RIGHT activists to public facilities, initially in the EU Charter of Fundamental Society and the Palestinian any legal perspective, the restriction TO FREEDOM OF denied by local authorities. Rights, including with regards to BDS Community of Bonn, have regularly of an existing legal right.” [3] Al-Haq welcomes the decision by activities throughout EU Member EXPRESSION AND [8] participated in the annual Bonn The Court further found that the Administrative Court of Cologne, States. Al-Haq considers the protection of these rights as vital to a Culture and Encounter Festival. the conduct of the City of Bonn ASSOCIATION and notes that it additionally ensures healthy and vibrant democracy based However this year, and following in preventing participation on the protection of the rights of on international principals of human the passing of motions by the the grounds of the organizations’ freedom of expression and freedom of association and assembly, as German Bundestag[2] (20 September support for BDS, to be in breach of rights and dignity. 2018) and the parliament of the principle of equality, as provided Court orders City of Bonn to North-Rhine Westphalia (17 May for in Article 3 of the German Basic allow Women’s Association [1] ELSC, “Another German Court rules in favor of supporters of BDS Movement” 2019) condemning the Boycotts, Law, while also violating the right to to participate in festival, (16 September 2019), available at: https://rightsforum.org/2.0/wp-content/ uploads/2019/09/2019-09-16-ELSC-Press-release-Bonn-ENGDE.pdf Divestment and Sanctions (BDS) freedom of expression under Article ruling their exclusion due [2] German Bundestag (19th parliamentary term), “Resisting the BDS Movement with movement, the three organizations 5 of the Basic Law.[4] Notably, the to BDS support is “not even remotely justified.” BDS Determination – Combating Anti-Semitism” (15 May 2019), proposal by the political were informed that they would not Court considered that exclusion on website groups of CDU/CSU, SPD, FDP, and Alliance 90/the Greens. [3] See Supra 1. [4] Basic Law for the Federal Republic of Germany, available at: https://www.btg- bestellservice.de/pdf/80201000.pdf [5] ELSC (n 1). [6] “Kommunalrecht - Rechtswidrige Aufhebung des für die Überlassung eines Vortragssaals in einer öffentlichen Einrichtung vorausgesetzten Zulassungsverwaltungsakts” (Fortsetzungsfeststellungsklage) available at: http://www.rechtsprechung. niedersachsen.de/jportal/?quelle=jlink&docid=MWRE190000178&psml=bsndprod. psml&max=true [7] Verteilung der Darlegungs- und Beweislast bei Ausschluss eines Einwohners von der Nutzung einer öffentlichen Einrichtung der Gemeinde wegen Nichteinstehens für die freiheitlich-demokratische Grundordnung, available at: http://www. rechtsprechung.niedersachsen.de/jportal/portal/page/bsndprod.psml?doc. id=MWRE190001146&st=null&showdoccase=1 [8] European Parliament, Parliamentary Questions, 15 September 2016, Answer given by Vice-President Mogherini on behalf of the Commission, available at: http://www. europarl.europa.eu/doceo/document/E-8-2016-005122-ASW_EN.html?redirect Humanity. Vol. I, No. 4, October 2019 Humanity. Vol. I, No. 4, October 2019 22 23 1979 2019 Special Focus: Three Palestinians Killed during Humanity the Great Return March Protests Reporting period: 26 August – 6 September 2019 Great Return March. Picture credit: Yosef Basam ince 30 March 2018, Palestinians 213 journalists.[2] Din and Mousa were about 70-100 at the Indonesian Hospital in Beit have been protesting against On Friday, 30 August 2019, during metres away from the fence, and Lahia, from a live bullet shot at him SIsrael’s prolonged closure of the the 72nd Great Return March then approached the barbed wire, by the IOF. Ali was from the Jabaliya Gaza Strip, calling for the realization protests, the IOF killed Bader El-Din where they could see Israeli military refugee camp in the northern Gaza of the right of Palestinian refugees Nabil Abu Mousa, 25. The following jeeps and soldiers, positioned atop Strip. At approximately 5:40 pm on to return, and for an end to Israel’s week, on Friday, 6 September 2019, the hills and dirt mounds, with their Friday, 6 September 2019, Ali was prolonged occupation, in five during the 73rd Great Return March guns pointed at the protestors. injured with a live bullet during his return camps across the Gaza Strip, protests, the IOF killed Ali Sami Al- There, some of the protestors, participation in the 73rd Great Return in the Great Return March.[1] The Ashqar, 17, and Khaled Abu Bakr including Bader El-Din, threw stones March in Abu Safia camp, east of the Israeli Occupying Forces (IOF) have Rabie, 14. On both Fridays, 181 and Molotov cocktails at the soldiers town of Jabaliya in the northern Gaza responded to the Great Return March Palestinians were injured, including and military jeeps, as the soldiers Strip located a few metres from the protests by using excessive force 98 by live ammunition, 49 by rubber fired live ammunition, rubber-coated separation fence. and lethal force against Palestinian coated metal bullets, 34 by tear gas metal bullets and tear gas canisters Ali was about 40-50 metres away protestors, which have resulted in the canisters. Of the 181 Palestinians towards them. from the first barbed wire fence, killing of 211 Palestinians, including 3 injured during the 72nd and 73rd At around 6:25 pm, towards which is about 20 metres away women, 46 children, two journalists, Great Return March protests, 74 the end of the protests and when from the second fence, opposite the seven persons with disabilities, were children, one journalist and numbers of people were starting to Abu Safiya gate, along with other and four paramedics. Meanwhile, three medics. leave, Mousa recalls seeing an Israeli demonstrators. Some of the youth 13,809 of Palestinians have been drone hovering in the sky for visual were throwing stones at an Israeli injured due to the IOF’s excessive The Killing of Bader El-Din Nabil Abu documentation purposes. Mousa military jeep near the gate where and disproportionate use of force Mousa – Al-Emirati Neighborhood – and Bader El-Din crossed the barbed four armed Israeli soldiers were firing against the protestors, including Khan Younis wire, when the IOF opened live fire tear gas canisters, rubber bullets and 2,932 children, 233 paramedics and On Saturday, 31 August 2019, towards them, injuring Bader El-Din live bullets every now and then at the at approximately 11:00 am, Bader with a live bullet in the head. Bader demonstrators near the fence. El-Din Nabil Abu Mousa, 25, was El-Din fell to the ground on his face At approximately 5:40 pm, the IOF pronounced dead at the Gaza and was bleeding from his head continued to fire live ammunition and European Hospital in Khan Younis profusely. Bader El-Din was then tear gas canisters at the protestors. due to a bullet wound sustained from taken to a Palestinian Red Crescent In the meantime, Ali and Salim Abd IOF live fire the evening before. At ambulance where they began to Al-Salam Al-Dabaji, 21, walked about around 6:25 pm on Friday, 30 August treat him. He was then transferred to 10 metres south from the fence to 2019, Bader El-Din was shot with a A photo of Bader El-Din Nabil the Gaza European Hospital in Khan escape the tear gas. Ali approached live bullet in the left side of the head Abu Mousa during the Great Younis, where he was admitted to the Salim, calling “my back… my back”. while participating in the 72nd week Return March. (Source: Arab intensive care unit for treatment. At His hands were on the lower part of of the Great Return March protests 48, 31 August 2019)[3] approximately 11:00 am the next day, the right side of his neck. Salim saw east of Khuza’a village, east of Khan Bader El-Din was pronounced dead at that there was a one-centimeter Younis in the southern Gaza Strip. the hospital.[4] Bader El-Din was from hole on Ali’s neck from which he was According to Mousa Abed Abu Al-Emirati neighborhood, west of bleeding profusely. Salim checked ‘Azab, 31, Bader El-Din’s friend, Khan Younis. Ali’s back where he saw another the two had been participating in smaller hole from which Ali was also the Great Return March protests The Killing of Ali Sami Al-Ashqar – bleeding. In the meantime, white since 30 March 2018, to assert the Jabaliya – Northern Gaza Strip foam was coming out of Ali’s mouth right of return and demand an end On Friday, 6 September 2019, at and he ceased breathing. Ali was to the Israeli imposed closure on about 6:05 pm, Ali Sami Al-Ashqar, rushed to the Indonesian Hospital in the Gaza Strip. Initially, Bader El- 17, arrived and was pronounced dead Beit Lahia by an ambulance, where he Humanity. Vol. I, No. 4, October 2019 Humanity. Vol. I, No. 4, October 2019 24 25 1979 2019 Humanity Humanity

was pronounced dead upon arrival.[5] shall be arbitrarily deprived of his laws and humanitarian law. The Palestinian Territory presented its life.”[8] The Israeli-imposed blockade Basic Principles on the Use of Force findings to the UN Human Rights The Killing of Khaled Abu Bakr Rabie and closure has also severely affected and Firearms by Law Enforcement Council, after investigating the – Al-Shojaeya – East Gaza City the living conditions in Gaza and Officials was adopted by the killings and injuries primarily within On Friday, 6 September 2019, made it uninhabitable and further Eighth United Nations Congress on the context of the Great Return at 5:40 pm, doctors pronounced amounting to collective punishment the Prevention of Crime and the March protests.[15] As noted in the Khaled Abu Bakr Rabie dead due to of the civilian Palestinian population. Treatment of Offenders and was report, the killings of Palestinian a live bullet shot at him by the IOF. Moreover, under international welcomed by the General Assembly protestors within this context were Khaled, 14, was from Al-Shujai’ya law, Palestinians have the right to of the UN in resolution 45/166 always authorized: neighborhood in the east of Gaza demonstrate and participate in the in 1990.[11] The preamble states, “We noted that a senior City. At approximately 5:10 pm on Great Return March protests. This “whereas law enforcement officials Israeli official recently stated to Friday, 6 September 2019, Khaled right is guaranteed in Articles 19 have a vital role in the protection of international media that each and was injured with a live bullet in the and 21 of the ICCPR. Article 19 of the right to life, liberty and security every bullet received authorization by right side while he was participating the ICCPR states that “everyone of the person, as guaranteed an experienced commander. When in the 73rd Great Return March east shall have the right to freedom of in the Universal Declaration of examining the Israel Defense Forces’ of Gaza City. Khaled was about 300 expression; this right shall include Human Rights and reaffirmed in use of live fire against the Palestinian metres from the fence when he freedom to seek, receive and impart the International Covenant on Civil protestors, the Commission, was shot in his right side by a live information and ideas of all kinds, and Political Rights.”[12] The IOF’s however, found that application of bullet. After numerous attempts regardless of frontiers, either orally, deliberate and disproportionate lethal force was in the majority of to revive him in the field, he was in writing or in print, in the form of excessive use of force against cases authorized unlawfully. This taken to Al-Shifa Hospital in Gaza at art, or through any other media of Palestinians does not fulfill the IOF’s inevitably led to arbitrary deprivation approximately 5:35 pm, where he his choice.”[9] Meanwhile, Article obligations in protecting the rights to of life.”[16] was pronounced dead, at 5:40 pm. [6] 21 of the ICCPR grants that “the life, liberty, and security of persons. Furthermore, the UN Commission right of peaceful assembly shall be The preamble also states, that of Inquiry’s report highlights that Legal Analysis recognized. No restrictions may “article 3 of the Code of Conduct for “there was no justification for Israel’s Israel has imposed movement be placed on the exercise of this Great Return March, Gaza, Law Enforcement Officials provides forces killing and injuring persons who restrictions on the Gaza Strip since right other than those imposed in 2018. Source. Amnesty that law enforcement officials pose no imminent threat of death or the early 1990’s. In June 2007, conformity with the law and which may use force only when strictly serious injury to those around them, Israel imposed a land, sea and are necessary in a democratic society necessary and to the extent required including journalists, health workers air blockade on Gaza, claiming in the interests of national security for the performance of their duty.”[13] and children.”[17] Al-Haq calls for the “security” concerns.[7] Around 1.8 or public safety, public order, the As seen in the cases of Khaled, Ali immediate cessation on the use of million Palestinians in Gaza remain protection of public health or morals and Bader El-Din, the use of excessive force and lethal force by Israel and ‘locked in’, denied free access to the or the protection of the rights and and lethal force used by the IOF was calls on the international community remainder of the OPT and the outside freedoms of others.”[10] unnecessary and not required for to ensure Israel’s respect for the world. The closure and blockade of Meanwhile, Israel’s disregard the performance of their duty. The Geneva Conventions in this regard, the Gaza Strip is a denial of basic for international humanitarian and Basic Principles on the Use of Force including by exercising jurisdiction to human rights in contravention of human rights law has continued to and Firearms by Law Enforcement prosecute grave breaches. international human rights treaties result in civilian casualties, notably Officials also highlights the and customary law. In particular the during the Great Return March importance of protecting the people ______killings stand in violation of Article 6 protests since 30 March 2018. The and preventing the use of excessive [1] See: Al-Haq, “Q&A The Great Return of the International Covenant on Civil use of excessive force against the force where possible.[14] March: One Year On”, 25 May 2019, and Political Rights (ICCPR), which Palestinians protestors participating On 18 March 2019, The UN available at: https://www.alhaq.org/ provides that “every human being in the Great Return March is unlawful Independent Commission of Inquiry advocacy/6044.html [2] has the inherent right to life….No one under international human rights on the protests in the Occupied Pchr. “Palestinian Center for Human Humanity. Vol. I, No. 4, October 2019 Humanity. Vol. I, No. 4, October 2019 26 27 1979 2019 Humanity Al-Haq Welcomes Launch of World Health Organization Report on the Right to Health in the Occupied Palestinian Territory

Rights.” Palestinian Center for Human Review Rules of Engagement before n 8 October 2019, Al-Haq Rights, 6 Sept. 2019, https://pchrgaza. Gaza Protest Anniversary.” Paragraph participated at a launch org/en/?p=12883. 4, OHCHR, https://www.ohchr.org/ event for the new report [3] Arab 48, (31 August 2019) available at: EN/HRBodies/HRC/Pages/NewsDetail. O by the World Health Organization https://bit.ly/2lXle6w aspx?NewsID=24348&LangID=E. (WHO) in the occupied Palestinian [4] Al-Haq Affidavit No. A362/2019, taken territory on the Right to Health on 1 September 2019. 2018, which examines obstacles [5] Al-Haq Affidavit No. A369/2019, taken to achieving the highest attainable on 7 September 2019. standard of physical and mental [6] Great Return March, May Palestine Chronicle (6 September 2019 health for Palestinians living 2019) available at: http://www. under Israel’s prolonged military palestinechronicle.com/israeli-forces-kill- occupation in the West Bank, two-minors-in-gaza/ including East Jerusalem, and the [7] “Gaza Blockade.” United Nations Office Gaza Strip, including barriers to for the Coordination of Humanitarian adequate healthcare provision, Affairs - Occupied Palestinian Territory, movement and access restrictions, https://www.ochaopt.org/theme/gaza- denials of the underlying blockade. determinants of health, and attacks [8] “Human Rights Committee Developing on healthcare.[1] New Right to Life General Comment.” Held in Ramallah, the launch International Justice Resource Center, event included opening remarks https://ijrcenter.org/2015/07/28/ from Dr. Gerald Rockenschaub, human-rights-committee- head of WHO office in the occupied March in Gaza. Discussing the dire developing-new-right-to-life-general- Palestinian territory, Mr. James fate of Palestinian cancer patients comment/#targetText=Article%206%20 Heenan, head of office for the Office from Gaza, Dr. Rockenschaub of%20the%20ICCPR,arbitrarily%20 of the High Commissioner of Human highlighted the urgent need to revisit deprived%20of%20his%20life. the Israeli permit regime for the [9] Rights (OHCHR) in Palestine, Mr. Article 19, ICCPR Jamie McGoldrick, the United Nations referral of patients for treatment, [10] “Article 21, ICCPR stressing that upholding the right to [11] (UN) Humanitarian Coordinator for “UN Basic Principles on the Use of the occupied Palestinian territory, health under occupation requires Force and Firearms by Law Enforcement and Dr. Mai Alkaila, the Minister of principled and collective advocacy Officials.” Facing Finance, http://www. Health for the State of Palestine. efforts. facing-finance.org/en/database/norms- Opening the launch event on behalf Speaking on behalf of OHCHR in and-standards/un-basic-principles-on- of WHO, Dr. Gerald Rockenschaub the occupied Palestinian territory, the-use-of-force-and-firearms-by-law- stressed that WHO’s 2018 Right to Mr. James Heenan welcomed WHO’s enforcement-officials/. report for its solid analytical data as a [12] Health report is an important tool “Basic Principles on the Use of Force for advocacy for the promotion of resource for advocacy to strengthen and Firearms.” OHCHR, https://www. the right to health in Palestine in the human rights-based approach to ohchr.org/en/professionalinterest/pages/ the face of chronic occupation and health as a legal right. In particular, useofforceandfirearms.aspx. fragmentation, affecting access Mr. Heenan emphasized that the [13] Ibid. to healthcare for all Palestinians. Israeli occupation remains a clear [14] Ibid. Dr. Rockenschaub highlighted the barrier to the enjoyment of the right [15] “UN Commission Urges Israel continued attacks on health facilities to health in the occupied Palestinian to Review Rules of Engagement and workers, including the recent territory, stressing the importance before Gaza Protest Anniversary.” military raid by the Israeli occupying of a human rights-based approach OHCHR, https://www.ohchr.org/EN/ forces on Augusta Victoria hospital based on non-discrimination and HRBodies/HRC/Pages/NewsDetail. the full enjoyment of the rights to aspx?NewsID=24348&LangID=E. in occupied East Jerusalem and the killing of Palestinian health workers, freedom of expression and peaceful [16] “UN Commission Urges Israel to assembly to claim the right to health. Humanity. Vol. I, No. 4, October 2019 Humanity. Vol. I, No. 4, October 2019 in particular during the Great Return 28 29 1979 2019 Humanity Humanity

Mr. Jamie McGoldrick, the UN addressed the torture and ill- Humanitarian Coordinator, recalled treatment of Palestinian detainees that 2018 had seen a rise in attacks in Israeli prisons and incidents of on health workers, with three medical negligence by the Israeli paramedics killed during the Great occupying authorities, highlighting Return March, a large number the recent torture and ill-treatment of killings and injuries during of Palestinian detainee Samer demonstrations in Gaza, including Arbeed by Israeli interrogators. complex injuries, which have As such, Dr. Alkaila stressed that overwhelmed the Palestinian health the Israeli occupation impacts all sector, and the impacts of conflict aspects of Palestinians’ lives and and occupation on the mental health called for the implementation of the of Palestinians, the full extent of Human Rights Council resolution which remains unknown as of yet. on accountability 13/40, in Addressing WHO’s new annual which the Council adopted the report, Mr. McGoldrick underlined recommendations of the UN the obstacles to enjoyment of the Commission of Inquiry on the Great right to health in Palestine, including Return March. restrictions on patients and their An affected health worker with companions seeking referral outside the Palestine Red Crescent Society the Gaza Strip. In particular, he (PRCS) described the challenging highlighted the effects of Israel’s 12- environment for paramedics year closure and de-development providing healthcare in the occupied of Gaza as an impediment to Palestinian territory, highlighting the full realisation of the right the barriers for ambulances to to health, including underlying access East Jerusalem hospitals, as a Dr. Gerald Rockenschaub, of Israel’s prolonged occupation on highlighted Israel’s disregard for determinants of health. Accordingly, result of the Israeli-imposed permit head of WHO office in Palestinians’ enjoyment of the right Palestinian life and health under Mr. McGoldrick called for collective regime, delays and at times denials the occupied Palestinian to the highest attainable standard of occupation, including the result of advocacy for the implementation of of access at checkpoints, which may territory, Mr. James Heenan, physical and mental health, thereby torture and ill-treatment in Israeli the recommendations contained in have life-threatening consequences head of office for the Office underlining the urgent need to detention, and the continued use of WHO’s 2018 Right to Health report. for Palestinian patients across of the High Commissioner reform Israel’s permit regime, to live fire against Palestinian civilians. In The Palestinian Minister of Health, the West Bank. The affected of Human Rights (OHCHR) remove barriers, and “to depoliticize particular, she outlined the failure by Dr. Mai Alkaila, thanked WHO for health worker further described in Palestine, Dr. Mai Alkaila, humanitarian health access.” In the Israeli occupying forces, in most their important report. Highlighting inhumane “back to back” procedures the Minister of Health for particular, Al-Haq welcomed the cases, to provide first aid and medical the prolonged deprivation of the requiring the transfer of patients the State of Palestine and report’s attention to Palestinians’ attention to injured Palestinians, but rights of Palestinians for over seven from one ambulance to another Mr. Jamie McGoldrick, the high exposure to violence under also denials of access for Palestinian decades, Dr. Alkaila highlighted at Israeli checkpoints, in addition United Nations (UN) Human- Israeli occupation, including to ambulances, and increased attacks Israel’s pervasive violations of the to mandatory checks imposed by itarian Coordinator for the excessive use force and lethal force on health workers, in particular right to health of Palestinians, the Israeli occupying authorities on occupied Palestinian territory by the Israeli occupying forces, within the context of the Great including as a result of freedom of Palestinian ambulances reaching which, as the report highlights, “has Return March. She recalled that, movement and access restrictions, Israeli hospitals in East Jerusalem, longer-term implications for physical according to the findings of the UN the closure of Gaza and inability of even in life-threatening situations. and mental health, with Palestinian Commission of Inquiry on the 2018 patients to travel for treatment, the Welcoming WHO’s new report adolescents having one of the protests in the occupied Palestinian construction of the Annexation Wall on the right to health, Al-Haq’s highest burdens of mental disorders territory, all health workers killed and fragmentation of the West Bank, legal researcher, Rania Muhareb, in the [region].” in Gaza in 2018 were clearly and continued attacks on healthcare, highlighted the report’s relevance Presenting Al-Haq’s documentation distinguishable as such and were including raids on hospitals and the for advocacy with its focus not only of violations of the right to health shot without posing a threat to the killing and injury of health workers. on violations of the right to health of Palestinians, Ms. Muhareb lives of Israeli soldiers. Accordingly, In addition, the Minister further but also on the detrimental impact Humanity. Vol. I, No. 4, October 2019 Humanity. Vol. I, No. 4, October 2019 30 31 1979 2019 Humanity Humanity

Al-Haq recalled the recommendation highlighted the financial barriers for Action Ahead of One-Year by the UN Commission of Inquiry for hampering the availability and Commemoration of Great Return Israel to bring its rules of engagement affordability of healthcare, including March (27 March 2019) for the use of live fire in line with the provision of essential medicines · Diplomatic Briefing: “The Great international human rights law, and other health deliverables. He Return March: One Year On” (15 stressing that this recommendation also presented on barriers to health March 2019) must be fulfilled to address Israel’s access in the Gaza Strip, with the policy of excessive use of force, in second lowest approval rate for · Two Palestinians Killed, including a violation of international law. patient travel permits recorded in Volunteer Paramedic, during 20th Examining international legal 2018, and in the West Bank, mostly Great Return March Protests (13 mechanisms of accountability, Al- linked to the fragmentation of August 2018) Haq’s intervention further outlined the territory, the Annexation Wall · Israeli Forces Kill Paramedic and the experience of Palestinian and its associated permit regime, Injure 100 Palestinians as Great civil society and human rights hampering freedom of movement Return March Enters 10th Week (3 organisations in engaging with of Palestinians. Looking at attacks on June 2018) the UN Commission of Inquiry healthcare, Dr. Bouquet presented · Israel Deliberately Injures and and the importance of addressing on WHO’s surveillance system for Maims Palestinian Civilians, the root causes of the Great Return the monitoring of health attacks, Prevents Evacuation of Wounded, March and overall human rights stressing the importance of further and Denies Access to Vital violations committed in the occupied developing this mechanism. Finally, Healthcare Facilities Outside the Palestinian territory, noting that the he outlined the recommendations Gaza Strip (18 April 2018) Israeli closure of Gaza for the past 12 of WHO’s report, which reiterate · Gaza: Dialysis Patients Face Death years has made Gaza uninhabitable, recommendations put forward and Denial of Medical Transfer giving rise to obligations on Israel, by UN Special Rapporteur on the Causes Death, Violates Right to Life as occupying Power, to lift the Gaza situation of human rights in the and Amounts to Inhuman, Cruel, closure, as recommended by the Palestinian territory occupied in Degrading Treatment (5 February Commission of Inquiry, and on third 1967, as presented to the UN Human States to cooperate to bring the illegal Rights Council in June 2018,[2] and 2018). situation to an end. Accordingly, the recommendations of the UN ______Presenting the findings of WHO’s Al-Haq stressed the urgent need Commission of Inquiry on the Great [1] See WHO, WHO launches report on for justice and accountability report, Dr. Ben Bouquet explained the Return March,[3] which require urgent the Right to Health 2018, October 2019, for widespread and systematic conceptual framework of the right to implementation and follow-up. human rights violations, including health, focusing on the importance of For Al-Haq’s previous work on the available at: http://www.emro.who. suspected crimes, committed in fulfilling the underlying determinants right to health, see: int/pse/palestine-news/who-launches- Palestine. This, Al-Haq argued, of health, or those conditions report-on-the-right-to-health-2018- of life conducive to good health · Towards a Joint Strategy for requires an end to Israeli impunity, october-2019.html?format=html. the opening of an investigation by and well-being. These conditions the Protection of Healthcare in the International Criminal Court include access to secure housing, Palestine (11 July 2019) [2] UN Human Rights Council, Report of adequate water and sanitation, into the situation in Palestine, · Israeli Occupying Forces Target and the Special Rapporteur on the situation of and immediate follow-up on the food, nutrition, and livelihoods, all Kill Palestinian Civilians, including a human rights in the Palestinian territories implementation of the Commission of which have a significant impact Paramedic (20 June 2019) of Inquiry’s recommendations both on health outcomes. Within this occupied since 14 ,1967 June 2018, UN framework, Dr. Bouquet highlighted · Al-Haq Refutes Israeli Army and by OHCHR, as mandated by Human Media Claims on the Killing of Doc. A/HRC/75/37. Rights Council resolution 40/13, existing health inequities, which are fundamentally unjust, and require Volunteer First Responder Sajed [3] Human Rights Council, Report of the and at a system-wide UN level for Mizher in Dheisheh Refugee duty bearers to implement core independent international commission the promotion and protection of Camp (8 April 2019) the rights of the Palestinian people, minimum obligations to respect, of inquiry on the protests in the Occupied Palestinian, Regional, and including to the highest attainable protect, and fulfil the right to health. · Palestinian Territory, 25 February 2019, Within the context of a captive International Civil Society Call standard of health. Humanity. Vol. I, No. 4, October 2019 Humanity. Vol. I, No. 4, October 2019 UN Doc. A/HRC/74/40. Palestinian economy, Dr. Bouquet 32 33 1979 2019 Al-Haq Launches a Report and a Documentary Adaptation under Occupation: Climate on Climate Change Adaptation in the Change Vulnerability in the Occupied Occupied Palestinian Territory Palestinian Territory

n Monday 30 September Palestinian population to adapt to ommunities in the Occupied adaptation will continue to rise. 2019, Al-Haq launched its climate change within the context of Palestinian Territory (OPT), Israel’s practices of displacement latest report and documentary Israel’s prolonged occupation of the Cparticularly in Area C of the West and dispossession of the occupied O Bank, experience the magnified impacts Palestinian population is demonstrated film on climate change adaptation Palestinian territory since 1967. The in the south Hebron hills, located report further highlights how of climate change due to Israel’s by its practice of systematically to the south of the occupied West Israel’s discriminatory policies and discriminatory policies and practices. targeting the resources necessary to Bank. The report and the film were practices imposed on the occupied While adapting to climate change, maintain the livelihood of Palestinians. produced with the support of the West Bank, particularly in Area C, Palestinians simultaneously endure Exploitation of, and control over, Heinrich Böll Stiftung. The event was impede the ability of Palestinians coercive environments created by natural resources has been central hosted at the Heinrich Böll Stiftung’s to effectively Israel to drive Palestinian displacement to build, sustain and develop Israel’s office in Ramallah, and was attended adapt to and forcible transfer. Future climate illegal settlement enterprise. These by representatives from diplomatic climate change. change projections for the OPT entail resources include those that are missions, a range of local and Examining the an increase in annual temperatures and relevant to climate change adaptation, international human rights, research applicability of a decline in rainfall. Consequently, the namely land and water. The targeting and media organizations, as well as international urgent need for proper climate change of natural resources includes Israel’s community members from the south law, including obstruction of the development of the Hebron hills. international water and agricultural sectors, livestock In her opening remarks, Dr. Bettina environmental production included. Marx, director of the Heinrich Böll law to the The report, ‘Adaptation Under Stiftung’s office in Ramallah, stressed context in the Occupation: Climate Change the significance of producing this south Hebron Vulnerability in the Occupied report, particularly in light of the hills and the Palestinian Territory’ examines the wave of climate strikes taking place Palestinian applicability of community-based around the world. Dr. Marx further territory at Report launch in Ramallah climate change adaptation measures stated that “we really are confronting large, the report concludes that in the south Hebron hills region, a world-wide climate catastrophe… Palestinians residing in climatically including in Masafer Yatta in the for Palestinians, climate change vulnerable areas, are precluded from Hebron Governorate, one of the most adaptability is hampered and applying basic community-based climatically vulnerable areas of OPT. made more difficult by the Israeli adaptation options, without the The report assesses the ability of the occupation”. Ms. Suha Jarrar, author genuine realisation of the collective occupied Palestinian population to of Al-Haq’s report, added that “climate right of the Palestinian people to self- adapt to climate change within the change is a global catastrophe… determination, including permanent context of Israel’s prolonged occupation yet it impact people differently and sovereignty over their natural wealth of the Palestinian territory since 1967. disproportionately… global climate and resources in the OPT. The report further highlights how action should place indigenous The presentation was followed Israel’s discriminatory policies and peoples, racialized populations and by the screening of The Struggle for practices imposed on the occupied West those who contribute the least to Self-Determination in the Face of Bank, particularly in Area C, impede climate change, at the center of the Climate Change, a film produced by the ability of Palestinians to effectively global climate struggle”. Al-Haq, which captures the reality adapt to climate change. Examining The event included a presentation of climate change adaptation in the applicability of international law, of Al-Haq’s latest report Climate the occupied Palestinian territory, including international environmental Change Adaptation under within the context of Israel’s law to the context in the south Hebron Occupation: Climate Change prolonged occupation. The film hills and the Palestinian territory Vulnerability in the Occupied features examples from the south at large, the report concludes that Palestinian Territory. The report Hebron hills, and highlights the Palestinians residing in climatically examines the applicability of experiences of local farming and vulnerable areas, are precluded from community-based climate change herding communities in facing the applying basic community-based adaptation measures in the south impacts of climate change, while adaptation options, without the Hebron hills, including in Masafer simultaneously enduring Israel’s genuine realisation of the collective Yatta, one of the most climatically discriminatory policies and control right of the Palestinian people to self- vulnerable areas of occupied over natural resources. determination, including permanent Palestinian territory (OPT). The report sovereignty over their natural wealth assesses the ability of the occupied Humanity. Vol. I, No. 4, October 2019 Humanity. Vol. I, No. 4, October 2019 and resources in the OPT. 34 35 1979 2019 Al-Haq Field Report on Human Rights Humanity Violations in October 2019

Killings Jabalya in northern Gaza. In addition of 95 Palestinians, including 20 chil- an opportunity to evacuate their be- In October 2019, Israeli Occupation to vein lacerations, Hamdan suffered dren, were killed by the IOF in 2019. longings from their homes before the Forces (IOF) killed three Palestinians. injuries to his tendons and arteries. Of these, 32 Palestinians were slain in demolitions were carried out. One Of these, two were killed in the Great At the time, his health condition the context of the GRM protests. family home was demolished for, at Return March (GRM) protests and was diagnosed as critical. He stayed least, the second time. While four one at a checkpoint in Tulkarem: at the Al-Shifa’ Hospital in Gaza City Demolitions homes were inhabited, four were still Ala’ Nizar Hamdan, 28 years old: At for several days and suffered from In October 2019, the IOF demolished under construction when they were about 4:35 pm on Friday, 4 October an acute haemorrhagic stroke. On 19 2019, IOF, positioned behind the pe- April 2019, for the second time, Hi- rimeter fence and around military jazi sustained a bullet wound in the jeeps, fired live ammunition, rub- right knee in the Al-Awda camp east ber-coated steel bullets, and tear gas of Al-Bureij refugee camp, resulting canisters on dozens of protestors, again in vein lacerations as well as in- including young people and children, juries in his tendons and arteries. He opposite the Abu Safiyyah border was then transported to the Al-Aq- gate east of the Jabalya town in north- sa Martyrs Hospital in Deir al-Balah. ern Gaza. As a result, Ala’ Hamdan, a Due to his critical health condition, resident of Beit Hanoun, sustained a however, he was relocated to the bullet wound in the chest. Hamdan Al-Shifa’ Hospital in Gaza City. was transported by an ambulance of Ra’d Majed al-Bahri, 25 years old: At the Palestine Red Crescent Society about 7:30 pm on Friday, 18 October (PRCR) to a trauma stabilisation point 2019, IOF positioned at the Jubara behind Al-Awda camps. For half an checkpoint opened fire on Al-Bahri, hour, doctors attempted to revive a resident of the Kafr Zibad village. Hamdan, but to no effect. At around Al-Bahri was killed after he had ap- 14 structures, including eight homes, demolished. Demolitions resulted in 5:05 pm, Hamdan was transported to proached the checkpoint, where five livelihood structures, and one the displacement of 17 Palestinians, the Indonesian Hospital in Beit Lahi- the IOF prevents Palestinians from public facility. including nine women and four chil- ya and admitted to the intensive care crossing on foot. Soon thereafter, dren. Displaced persons included 11 unit. About 15 minutes later, doctors a PRCS ambulance arrived, but the Homes: Citing the lack of Israeli-is- Palestinian refugees. pronounced him dead. Hamdan was IOF forced it to stop 300-350 metres sued building permits, the IOF de- injured while he was standing 70- away from the place where Al-Bahri molished eight homes in October. Livelihood structures: On the 80 metres away from the perimeter had fallen on the ground, and re- Of these, one was destroyed on pu- grounds of lacking Israeli-issued fence and did not pose a threat to the fused to allow it to proceed further. nitive grounds. Seven of the affected building permits, the IOF demolished lives of Israeli soldiers. He was mar- A white ambulance of the Red Star of homes were demolished early in the five private livelihood structures, ried and a father of a 3-year-old girl. David arrived at the scene about 10 morning or after midnight. Six of the including two animal shelters, one Fadi Osama Hijazi, 20 years old: At minutes after the incident. However, targeted homes were located in Area agricultural holding, and a cesspit. around 12:30 pm on Monday, 7 Oc- the IOFs also prevented the ambu- C, so designated under the Oslo Ac- All located in Area C, these were de- tober 2019, the Palestinian Ministry lance from approaching the victim. cords, one within the municipal bor- stroyed early in the morning. Three of Health (MOH) in Gaza announced Almost two and a half hours later, an ders of Jerusalem, and one in Area A. of the demolished structures were in the death of Hijazi, a resident of Beit Israeli ambulance arrived and trans- In one incident, a home was demol- close proximity to settlements or set- Hanoun, of injuries sustained earlier ported the dead body to an area in- ished by the Israeli municipality of tler bypass roads. Two affected fam- during his participation in the GRM side the Green Line. Having reported Jerusalem. The IOF demolished an- ilies have had to change their place protests. On 22 February 2019, Hijazi Al-Bahri’s death to the Palestinian other home on punitive grounds. In of residence. One of the demolished was injured for the first time. He sus- District Coordination and Liaison Of- all the remaining cases, demolitions livelihood structures provided a main tained a bullet wound with entrance fice, the IOF has continued to with- were carried out by the Israeli Civil source of income to a family. and exit in the thigh east of the Al-Aw- hold Al-Bahri’s body. Administration (ICA). In three instanc- Public facilities: In Dhahr al-Malih in da camp in Abu Safiyyah area, east of As at the end of October 2019, a total Humanity. Vol. I, No. 4, October 2019 Humanity. Vol. I, No. 4, October 2019 es, home owners were not allowed the Northern Jordan Valley (Area C), 36 37 1979 2019 Humanity Humanity

the IOF confiscated a barracks used late during the olive harvest season. Human rights abuses were primarily they had published images, articles as a school canteen. Together with Of particular note, on 26 October perpetrated by the Preventive Se- and expressions that jeopardised the its contents, the barracks was seized 2019, the IOF shot 15-year-old Ibra- curity (27), Public Prosecution (27), Palestinian national security and pub- early in the morning on a school day. him al-Satri with a live bullet in the Police in both the West Bank and the lic order. Given the fact that the Israeli occu- back that exited from the upper Gaza Strip (30), and Internal Security In the Gaza Strip, following calls for (23). protests, the de facto authority con- One of the most prominent viola- tinued to prosecute young activists tions reported in October 2019 was of the “We Want to Live” movement. the blocking of 59 news websites In October, Al-Haq documented cas- and Facebook pages. At the request es where activists were summoned AL-HAQ DOCU- of the Attorney General, the Ra- and detained by security agencies. Of MENTED 102 VI- mallah-based Court of Conciliation these, many were subjected to tor- rendered a decision on the blocking ture and cruel treatment while being OLATIONS COM- Israeli occupation forces of these sites on 17 October 2019. detained in substandard conditions. MITTED BY THE arrest a group of journalists Based on Article 39 of the Cybercrime and foreign solidarity during Al-Haq documented the detention Law by Decree No. 10 of 2018, web- PA IN THE WEST a protest in Ain Al-Baida, of at least seven activists against the BANK AND THE Northern Jordan Valley, sites were allegedly blocked because backdrop of this movement. October 2019. DE FACTO AU- THORITY IN THE pying authorities rarely grant Pales- chest. Al-Satri was participating in GAZA STRIP tinians building permits, Palestinians the GRM protests east of the Khuza’a have no choice but to build their town in the eastern Khan Younis gov- structures without permit in Area C ernorate. and East Jerusalem. That said, the Since the GRM protests began on 30 barrack was confiscated on the basis March 2018, a total of 195 injuries of lacking such a permit. have resulted in limb amputations or As of the end of October 2019, a total permanent disabilities among Pales- of 267 structures were demolished. tinians. These included 123 homes, 132 live- lihood structures, and 12 public facil- Violations by the Palestinian- Au ities. thority (PA) and de facto authority in the Gaza Strip Other Israeli violations During October 2019, Al-Haq doc- During the month of October 2019, umented 102 violations committed the IOF committed numerous other by the PA in the West Bank and the violations. Of these, Al-Haq docu- de facto authority in the Gaza Strip. mented 78 Israeli abuses, including Reported violations mainly included 19 committed by Israeli settlers. With violations of the right to freedom the majority taking place in the Nab- of expression (17), ill-treatment (6), lus governorate, a large number of right to humane conditions of deten- attacks targeted farmers while they tion/imprisonment (8), arbitrary de- were harvesting olives. Israeli settler tention (14), and beating or torture violations against Palestinians and during various phases of detention Palestinian properties usually esca- (6). Humanity. Vol. I, No. 4, October 2019 Humanity. Vol. I, No. 4, October 2019 38 39 1979 2019 AL-HAQ ORGANIZATION 40 YEARS DEFENDING HUMAN RIGHTS

Al-Haq is an independent Palestinian non- governmental human rights organisation based in Ramallah. Established in 1979 to protect and promote human rights and the rule of law in the occupied Palestinian territory (OPT). Al-Haq documents violations of the individual and collective rights of Palestinians in the OPT, irrespective of identity of the perpetrator, and seeks to end such breaches by way of advocacy before national and international mechanisms and by holding the violators accountable.

Al-Haq P.O. Box: 1413 54 Main Street, Ramallah, Palestine + 970 (0)2 2954646/7/9 + 970 (0) 2 2954903 [email protected] http://www.alhaq.org @alhaqorganization @alhaq_org @Alhaqhr