ב :rצלם The B'Tselem Human Rights Report
The Israeli Information Center for Human Rights in the Occupied Territories Volume 8 Spring 2000
Evicted From a Way of Life
On 16 November 1999, B'Tselem of Palestinians living in the villages of field workers Najib Abu-Rokaya and Mufqara, Tuba, Jinba and others in Raslan Mahagna traveled into the the South Mount Hebron region were West Bank to investigate reports that driven from their homes. The resi- Palestinians from the village of dents of the region had been living in Tawaneh had been beaten by Jewish caves and shacks for dozens of years, settlers in the area of Ma'on. Before living off the land by farming and reaching their destination, they shepherding. After the expulsion, the encountered an unexpected military Palestinians lived with their flocks in closure blocking the dirt road toward neighboring villages. Throughout Tawaneh. Minutes later, several this winter's severe weather condi- trucks appeared, leaving the area and tions many lived in tents, awaiting carrying with them mounds of cloth- permission to return to their homes. ing, furniture, and other personal On the 21st of January, some 150 items. volunteers and supporters from It soon became clear that an B'Tselem and other organizations expulsion was in process: hundreds throughout the country gathered to Photo by: Nisreen Alyan participate in a solidarity visit to the pressure placed upon the govern- area of the expulsion. The goal of the ment. Organizations such as the In this issue outing was to meet with deportees Israeli Committee Against House and, on the eve of the Jewish holiday Demolitions organized demonstra- • Ma'aleh Adumim Settlement 2 Tu B'shvat, return with them to their tions and cultivated popular support, homes to plant olive trees together. • Human Rights in the Holy and leading Israeli writers published City 4 The two busloads of activists a petition on the day of the gathering were stopped en route by several IDF • Palestinian Workers in Israel 6 appealing to the government to vehicles attempting to undermine the reverse the expulsion order. • The Palestinian Authority event. Despite these attempts, howev- On Sunday 23 January, Ministers Freedom of Speech er, the gathering took place and the Ahmad Qattamesh 8 Yossi Sarid and Haim Oron broached activists were allowed to meet with the subject at the Cabinet's weekly • Cycle of Bloodshed in many of the deportees at an alterna- meeting. In response, Prime Minister Lebanon 9 tive location. Ehud Barak directed Deputy Defense The event was widely publicized • Advocacy Against Torture 10 Minister Ephraim Sneh to reexamine in the media, particularly over Israeli • B'Tselem Turns Ten 11 the expulsion decision. Sneh radio and television. Human rights announced shortly thereafter that the • Blaming the Victim 12 advocates throughout Israel rallied alongside B'Tselem to increase the continued on p. 14
1 On the Way to Annexation
On October 6th 1999, the High attracted some 25,000 residents. Its Court of Justice convened to hear a high rate of growth is linked to its The settlement - with all petition opposing the proposed classification as a high priority devel- the "regional services" expansion plan for Ma'aleh Adumim, opment area. Governmental benefits, is closed to ־ that it offers already Israel's largest settlement in such as tax breaks and favorable the Occupied Territories. Drafted in mortgage terms continuously flow Palestinian residents of January 1995 by the Civil into the settlement and its large adja- the area Administration for Judea and cent industrial zone. Ma'aleh Samaria, the expansion plan applies Adumim residents enjoy a high stan- be radical, nor even a product of the to an area of some 1.24 sq. km of dard of living, modern infrastructure, right-wing ideological camp, to enjoy expropriated land which would make green areas, advanced educational the high quality of life which Ma'aleh Ma'aleh Adumim larger in size than and cultural institutions, and numer- Adumim offers its residents. Tel Aviv. The political objective of the ous other services and institutions. Moreover, due to its immense size, expansion plan is to incorporate Since Barak took office, settlers twenty-five year history and close Ma'aleh Adumim into "Metropolitan have organized against the disman- proximity to Jerusalem, Ma'aleh Jerusalem," extending Israeli sover- tling of a few newly constructed out- Adumim is widely viewed by the eignty into Jerusalem's surrounding posts. Yet, most Ma'aleh Adumim public as part of an expanded settlements. This plan is in contraven- residents are not involved in such Jerusalem rather than a settlement. tion with international law applying activity and do not fit the popular Contrary to such perspectives, the to Occupied Territories. image of Israeli settlers. One need not area on which Ma'aleh Adumim was Since its establishment in 1975 established and along the municipal border of expanded is not Jerusalem, Ma'aleh Adumim has under Israeli sov- ereignty. It lies in the West Bank, in B'Tselem is an Israeli non-govermental occupied territory organization founded in 1989 to provide taken from the information to the Israeli public and the Palestinian vil- international community about human lages of Abu Dis, rights violations in the Occupied al-Tzariyyeh, al Territories. B'Tselem publishes reports, Tssawiyyeh, a- engages in advocacy efforts, conducts Tur, and 'Anata. public education and serves as a resource Other lands expro- center on all matters concerning human priated to create rights in the West Bank and Gaza Strip. Ma'aleh Adumim The B'Tselem Human Rights Report are property on is published periodically to apprise read- which the Jahalin ers of human rights conditions in the and Sawahareh Occupied Territories. The newsletter Bedouin tribes revieios neio human rights develop- once lived. a 1 e h ׳ ments, as well as B'Tselem's recent M a activities and publications. Adumim's estab- lishment did not Edited by: Heidi Altman, Heather Architect, Slwuiel Groag, & B'Tselem's Executive Director, lead to a wave of Lang and Jessica Montell Eitan Felner present map of proposed expansion plan of development, a Ma'aleh Adumim to foreign diplomats Design: Studio Efrat, Jerusalem high standard of Photo by: Nisreen Alynn living, comfort-
The B'Tselem Human Rights Report 2 able conditions, or tax breaks for Adumim and its environs for twenty these Palestinian villages and com- Justices of the High Court members of the diplomatic communi- munities. Rather, the settlement ty. Several journalists were invited to have provided a cloak of meant loss of grazing and farming attend, thereby drawing media cover- land and, in effect, loss of the agricul- fairness and legality to age to the release of the report and the tural way of life. The establishment of the establishment of set- diplomatic tour (see below). Ma'aleh Adumim also denied these Participants received presentations villages the land reserves they need tlements, land expropria- by architect Shmuel Groag, mayors of for housing, industry, and public tion, annexation, and the surrounding Palestinian villages and with all ־ institutions. The settlement discrimination accompa- B'Tselem staff, focussing on the pro- the "regional services" that it offers - posed expansion plan. The diplomats is closed to Palestinian residents of nying each of these acts were encouraged to lobby relevant the area, except for those holding a authorities from their respective com- special permit to enter the settlement munities and denounce the human these acts. In the most recent hearing, for work only. The Bedouin who rights violations which result from the High Court refused to legislate on lived in the area also lost their homes illegal settlement activity.• and the land on which they were con- the proposed expansion plan. structed, and were expelled from the B'Tselem issued a press release con- area by threats and physical force. demning this decision. The report may be downloaded from On October 20, B'Tselem con- www.btselem/btselem/Files/ Oil the eve of the October 1999 ducted a "reality tour" of Ma'aleh EMadumim.doc. High Court hearing addressing oppo- sition to the proposed expansion plan, B'Tselem published its new Ethnic Discrimination against Palestinians report: On the Way to Annexation: Must End Human Rights Violations Resulting from the Establishment and Expansion of the Ha'aretz Newspaper Wednesday, December 8,1999 Ma'aleh Adumim Settlement. The by Amir a Huss report highlights the political objec- About a month and a half ago, B'Tselem organized a tour for foreign tives underlying the proposed town diplomats of the settlement of Ma'aleh Adumim and the Palestinian villages planning scheme as well as the detri- on top of which this community was built and is being expanded. The diplo- mental consequences of the settle- mats were brought to the site of a Palestinian home that the Israeli Civil ment on Palestinians in the surround- Administration (CA) had demolished and viewed the shantytown neigh- ing area. borhood of the Jahalin tribe, which was evacuated by the CA from land they The 50-page report uses the case had occupied for years and on which a very impressive-looking Jewish of Ma'aleh Adumim to illustrate how neighborhood has now been built. The diplomats traveled along the broad Israel illegally settles its population in avenues, surrounded by lush vegetation, of Ma'aleh Adumim, which is a occupied territory by violating inter- well-planned community, and then they were taken to Abu-Dis and national law, expropriating land, Azariyeh, where they had to navigate their way among a disarray of con- demolishing houses, and deporting crete houses and through crowded alleyways and where they took note of Palestinians. The report reflects the the poorly paved roads. First-hand observation informed these diplomats - extent to which Israel's settlement far more than any statistics can - of the existence of a tremendous gap ׳policy has created a system of segre- between the limited development that Israel allows the Palestinians to earn gation and legalized discrimination. out and the accelerated pace of modern development that is permitted only Meanwhile, over the years, the jus- to Jews — and on the very land that Israel captured in June 1967. One of the -A second diplo ״.tices of the High Court have provided diplomats defined the situation in one word: a "disgrace a cloak of fairness and legality to the mat said that his descriptions reach the highest echelons of his foreign min- establishment of settlements, land istry and are included in official reports, although by then, the language is expropriation, annexation, and the considerably watered down.• discrimination accompanying each of
3 Human Rights in the Holy City
The status of Jerusalem is one of to end this policy. Palestinian residents Meanwhile, the problem of the more contentious issues in the of Jerusalem who live outside the bor- health insurance and social welfare Israeli-Palestinian negotiations. In ders of the city, whether in the sub- benefits remains. All Palestinians in addition to its political centralitv, urbs, elsewhere in the Occupied the city are subjected to patently arbi- Jerusalem is also a focus of public Territories or in other countries, will trary investigations by the National attention due to its religious signifi- no longer lose their rights as perma- Insurance Institute before they cance at the dawn of the millenium. nent residents, even if they live outside receive benefits to which they are This is therefore an appropriate time of Jerusalem for all their lives. In addi- entitled. These investigations rely on to take stock of human rights issues in tion, all those who have had their resi- hearsay and other methods which do the city. dency status revoked in the past, due not accord with fair procedure. In the For many years, B'Tselem has lob- to the former policy of the Ministry of meantime, individuals do not receive bied the Interior Ministry to end the Interior, will receive it back if they live benefits, sometimes for months at a "quiet deportation" by which for two years in Jerusalem. B'Tselem time while the Nil investigates. If as a Palestinians lose residency rights in welcomed this change in policy, fol- result of these haphazard investiga- the city (see volumes 6&7). In March lowing months of correspondence tions, the Nil decides that a person no 2000, Minister of Interior Natan with Minister Sharansky regarding longer lives in Jerusalem, they will Sharansky officially informed the promises to end the "quiet deporta- lose health insurance and social wel- High Court of the Ministry's intention tion." fare benefits. As a result of Nil poli-
^ Sarah Khader had Few options. She could itai/ in her apartment or ihe could _ move to a suburb outside Jerusalem. The apartment u>at crowded For her, h— her husband and their six children, but \f they left Jerusalem, thev all * V* 1״ ond "»« dou^hrars Soroh fto/wc and fmno mi?ht lose their residency status. Then her Father offered to build a house tha*. hnhwidl ond ־ my homo •n At or of a* 7 90 ׳O- Movow6ar 25 I mi -~c1 0 ^ for her and her sisters on family land. He couldn't ?et a building permit, g m whan my deugfcfar Sarah callod m Sha woi trying phana nooriy hysforicoi ond told ma Fathan tcmt •י׳׳ so it would mean building illegally, but what else could they do? on fjttk ond tea us tha army wantt to dastroy air house
oppreocW tha bifarw ׳ thr dilrnvni lacrd by many Pilttununt m Whan I raocbad •ha housa " י׳'׳ B^^PH vO mho had tha d*~al1'*n ardor׳I Jaruvalam Molt of the lind 1d|1ctnt to Palelbnian Mtrmt try rayr-a1m*et ooajt »ha Oqrttn**•• fMCfxr -׳<׳ I noifhboHloodl either licit planning Khftnfi or are and I tcU ^־* I defined ki Green Area*. In both caiei, building it hood rofdtnti and tha »wc
hou*eJ .lh ih«m InimipoJo fine ot MS 7000 (or hovnj bu.Jt ג ow lonjj A page from BTselem's English newspaper. Injustice in the Holy City, published in December 1999 The B'Tselem Human Rights Report 4 cies, thousands of children do not access to the city. Because the city tion outlines the historical back- -issues fac ׳have health insurance. was annexed to Israel, any ground and con tempo ran Meanwhile, nearly one quarter of Palestinian wanting to enter East ing Palestinian residents of East Palestinian homes in the city are high- Jerusalem must first obtain a permit. Jerusalem. It addresses the issues of ly overcrowded, with more than three These permits are difficult to obtain, land confiscation, house demolitions, persons per room. Most of the land the application process is lengthy and revocation of residency and social adjacent to Palestinian neighborhoods arbitrary, and a Palestinian can be rights, and discriminatory access to lacks planning schemes, building is rejected without explanation and resources and services. It also prohibited and there is little room for without opportunity to appeal. explores restrictions on freedom of existing Palestinians neigh- _ movement and access to borhoods to expand. It is Jerusalem's holy sites. very difficult to obtain In addition to its political centrality, The newspaper was distributed building permits in these Jerusalem is also a focus of public through the two leading English- areas or even to build addi- attention due to its religious signifi- language newspapers in Israel, tions to existing houses, yet Ha'aretz/lnteriwtional Herald Tribune those who build without cance at the dawn of the millenium and the Jerusalem Post, with a com- permits live in constant bined distribution of 80,000 copies. fear that their homes will Several thousand copies were dis- be demolished. In 1999 alone, the In December, B'Tselem launched seminated through Jerusalem hotels authorities demolished 21 houses, the a public campaign to increase aware- and local and international organiza- homes of 131 Palestinians, including ness of human rights issues in tions. In light of the high demand for 68 children. Jerusalem for an international audi- this publication, B'Tselem will The issue of equal access to ence, not previously exposed to such reprint an updated spring edition. municipal resources is a problem not material. Organizations abroad have also orga- previously addressed by B'Tselem. B'Tselem produced a sixteen- nized to produce versions in Dutch, Yet, Palestinians do not enjoy their page English newspaper, entitled German and French for broader share of services and infrastructure Injustice in the Holy City. The publica- international distribution. • investments. Some Palestinian neigh- borhoods are not even connected to a sewerage system, many do not have How long does it take paved roads or sidewalks. There are to demolish a house? few parks in Palestinian neighbor- hoods, almost no libraries and not It takes a year to build it. Sometimes a hundred years. And there are one swimming pool. Both national some houses that have always been there. and municipal politicians constantly How long does it take to demolish a house? Less time than is spent promise improvements, but continue thinking about whether it should have been demolished. How much time to blatantly discriminate in allocation is spent thinking about whether to demolish? Less time than the ring of the of resources. For example, in 1999 phone ordering the demolition. only ten percent of the city's One shove and it's gone. A hole gapes in the familiar landscape and Development Budget was allocated the family that had substance and a name and address and human beings to Palestinian neighborhoods, -has in the blink of an eye become an exam ־ of all ages and relationships although Palestinians comprise near- pie... At night, no one sees where the destroyed family has gone. No one ly one-third of the city's residents. knows what they are doing now. And where they are sitting now - in some Another human rights concern is corner, uprooted with their possessions, under heavens empty and heavy. freedom of movement. While Is anything being noted down about them in some corner there now? Palestinian residents of Jerusalem enjoy unrestricted freedom of move- Leading author, Yizhar Smilanski ment, Palestinians from the rest of the Davar, June 6, 1988 Occupied Territories do not have free 5 Palestinian Workers in Israel — Victims of a System of Discrimination Since the beginning of the occu- workers who do not have work per- Territories by the Israeli government pation in 1967, Israel has pursued a mits, yet many Palestinians do not have caused tens of thousands of policy of economic integration with meet the criteria for obtaining a work Palestinian workers to lose their jobs the Occupied Territories, which has permit and have no other way to earn because they were unable to report to resulted in exploitation and the stunt- their living but to enter Israel illegal- work. Closures also prevent ing of Palestinian economic develop- 1y• Palestinians from reaching Israeli ment. Perhaps the most conspicuous In addition to the nearly impossi- courts to sue for their rights. aspect of this dependence upon the ble criteria set for obtaining the work In October 1999, B'Tselem Israeli economy is the high rate of permit, the General Security Service released a sixty-two-page report enti- Palestinian workers in Israel — in often coercively denies work permits 1998, 107,300 Palestinian workers solely to compel Palestinians to pro- Palestinian workers in from the Occupied Territories were vide information or to serve as collab- Israel continue to employed in Israel. Throughout the orators. world, foreign workers are subject to Economic and social rights of suffer violations of discrimination and exploitation due Palestinian workers are also violated their civil, social, and to their inferior political, economic, regularly; many Israeli employers and social status. The phenomenon pay wages below the minimum wage economic rights of Palestinian workers, however, has and refuse to provide severance pay. resulted from a prolonged occupation These types of violations are most that is still in force, with a lengthy widespread in the settlements, where tied Builders of Zion: Human Rights ethnic-nationalist struggle as its back- Palestinian workers are routinely dis- Violations of Palestinians from the ground. The situation of Palestinian criminated against, particularly rela- Occupied Territories Working in Israel workers in Israel, therefore, is even tive to Israeli workers. and the Settlements. In his response to more difficult than that of other for- Another type of violation is the the report, Border Police eign workers. withholding of benefits — until 1994, Spokesperson Peretz Ratson invited Israel denied most B'Tselem to lecture Border Policemen national-insurance ben- in an attempt to prevent further vio- Israel has pursued a policy of efits to Palestinian lence. In November and December economic integration with the workers. After the Oslo '99, B'Tselem staff members gave two Occupied Territories, which has Accords, when the lectures to high ranking officers in the Palestinian Authority border police, and plans are under- resulted in exploitation and the assumed responsibility way to continue this initiative. Also, stunting of Palestinian economic for providing insurance since the publication of the report, the benefits, this injustice minimum age required to receive a development continued — wages work permit has been reduced from deducted from 25 (for those without children) to 21, The most blatant human rights Palestinian workers accumulate in making it somewhat easier for violations of Palestinian workers in Israel as the PA fails to establish an Palestinian workers to receive entry Israel occur in the form of physical institution for social insurance. permits. These steps are encourag- violence against those entering Israel Lastly, Israel's restrictions on ing, but Palestinian workers in Israel to work. The perpetrators of this vio- Palestinian movement prejudice the continue to suffer violations of their lence are security forces at check rights of Palestinian workers through civil, social, and economic rights. points and border crossings as well as the loss of work days, which often The full report may be down- Israeli civilians, usually employers. result in dismissals. Over the years, loaded from www.btselem.org/btse- The violence is most often targeted at closures imposed on the Occupied lem/files/Eemployment.doc.• The B'Tselem Human Rights Report 6 י־ Testimony of Ma her Salah Muhammad a-Salul, born in 1971, married with four children, resident of Nuseirat Refugee Camp, Gaza Strip I told him that I don't ׳/I first worked in Israel at a carpet factory in Ashdod names of persons from Fatah in 1991-1992. Then I stopped working in Israel because 1 know. He asked, "You want to work with us, or don't was young and single and did not meet the criteria set by you?" I told him that I want to work in Israel. He said, "I Israel. Now, based on my age, I meet the new criteria. In want you to tell me some small things, like the color of X's October 1998, I received an entry permit and work in car." I said, "You want me to collaborate?" He said, Israel through the employer I worked for in 1991-1992. I "Don't make a big deal out of it, it's all very simple. You went back to work at his factory, which had moved in the have a family and children, and you need to support meantime to a settlement in the West Bank, in the area of them, and work in Israel is preferable to work in the ״.Jenin. My permit allowed me to stay overnight, and I Strip would return to my family once every two weeks. He told me there was no need to meet. We only had On Sunday, 21 February 1999, after spending the to exchange telephone numbers and be in touch by weekend with my family, I left to return to my job. At the phone. I told him that I don't have a phone. At the end, he Erez checkpoint, 1 gave my magnetic card to the soldier, said, "You want to work, or not?" My identity card was and he ran it through the computer. My card got stuck on the table. I took it and told him that I did not want to and the computer started to make a buzzing sound. The work that way. He said, "If you change your mind, you soldier said, "You have problems with the Palestinian know where to find me. I'll be here." I got up and left and Authority, and until the PA finishes its search for wanted on the way out they gave me a small slip to come back in persons in your neighborhood, you can't enter." . two months. • I asked the PA, and the officials there said they had no problem with me. My magnetic card was valid until 8 March 1999, so I thought that, in the meantime, I would renew it. From 21 February to 8 March, I went to the place in the Erez industrial zone where they issue and renew magnetic cards. The Israelis did not let me enter. 1 went back on 9 March, and I was allowed to enter. 1 waited, and when they called my name, they took me to the GSS representative at the site. The GSS agent greeted me warmly and asked what I wanted. I told him that I wanted to renew my magnetic card. He asked what 1 do, and I told him. He asked if 1 pray, and I responded that I pray only on Fridays. At which mosque, he wanted to know. I gave him the name. He told me there is a mosque closer to my home and asked why I don't pray there. I explained why. He asked me to give him the names of persons whom 1 know from the Islamic movement. I told him that I don't know. Then he said, "Give me the 7 Freedom of Speech Under the Palestinian Authority In November 1999, twenty lish a committee to monitor the and then attacked by six or seven Palestinian intellectuals released a behavior of its members. The Council plain-clothed policemen. statement entitled, "Cry of the reiterated its right to withdraw indi- Palestinian civil society orga- Homeland," a scathing criticism of vidual members' immunity. Nabil nized on behalf of the signatories, the Palestinian Authority for negli- Amro, minister of parliamentary holding demonstrations and collect- gence in its negotiations with Israel affairs and Arafat's advisor, called ing signatures on a subsequent leaflet and corruption and abuse of the the statement an incitement. "It is denouncing the Palestinian Palestinian people. The PA's unacceptable to attack the President Authority's crackdown on its critics. response was swift and severe. in such a language and with such This leaflet provoked additional vio- The PA detained ten of the signa- irresponsible accusations," he said. lence. A stone was thrown into the tories, holding them without charge. PLC Member Muawyia al-Masri residence of one of the signatories, Another two were placed under was attacked in Nablus by three Hanan Elmasu, coordinator of Birzeit house arrest. The remaining eight sig- masked men carrying axes and guns. University's Human Rights Action natories are members of the He was beaten and shot in the leg. Project. The stone was wrapped in Palestinian Legislative Council (PLC) Jawad Abd a-Saleh, a 68-year mem- the statement signed by Elmasu and and thus enjoy immunity. Yet they ber of the PLC, was severely beaten hundreds of other figures, with a were still subject to harassment, as while attending a demonstration at warning to quit her human rights well as violence. the Jericho prison on behalf of the activities. The Legislative Council met to detained signatories. According to a 11 is not clear that the acts of vio- discuss the statement and voted to testimony given to B'Tselem, Abd a- lence were part of official PA policy. condemn the statement and to estab- Sal eh was asked to enter the prison However, the PA fostered an atmos- phere of hostility toward the signato- ries and did nothing to prevent attacks against them. At least some of the attacks were perpetrated directly Life Under Two Governments by members of the security forces. This is not the first time the PA Overlapping jurisdiction and joint responsibility for human rights vio- has cracked down on its critics. lations are buzz words of the post-Oslo period. Ahmad Qattamesh knows Particularly in the first years after the the meaning of these terms from personal experience. establishment of the Palestinian In April 1998, Israel finally released Qattamesh from administrative Authority, several human rights detention after holding him for five years and seven months without activists were detained or harassed charge. Qattamesh, 47, returned to his home in El-Bireh and to his wife and for their criticisms. In recent years, daughter. such blatant intimidation of human In November 1999, Qattamesh was invited to speak at a conference in rights activists had decreased, giving the Danish Parliament on the subject of Political Prisoners in Israel and rise to the hope that the PA had Palestine together with B'Tselem's Executive Director. Israel denied developed an understanding of the Qattamesh permission to leave the West Bank, "for security reasons." As is importance of freedom of speech. The invariably the case regarding Palestinians denied exit permits, Qattamesh "Cry of the Homeland" statement was not provided with an explanation for the rejection, nor granted a right represented the first time in which to appeal. Efforts by B'Tselem and others to obtain an exit permit were of respected members of Palestinian no avail, and Qattamesh was unable to attend the conference. society publicly criticized the PA in Later that same month, Qattamesh was detained by the Palestinian such explicit and stinging language. Authority after signing the "Cry of the Homeland" statement. He was held The PA's response indicates that it in the Jericho prison for three weeks, before being released on bail.• has yet to internalize respect for free- dom of speech.• The B'Tselem Human Rights Report 8 The Cycle of Bloodshed in Lebanon Israel's prolonged occupation of sarv actions to ensure those rights. roadside bomb planted by the South Lebanon has been a much dis- The report also emphasizes that since Hizbollah. Human rights organiza- cussed and debated issue on the the SLA is subordinate to the Israeli tions throughout the world responded national agenda. This discussion government, Israel is responsible for with criticism when Israel began a stems from the opening of peace talks its human rights violations. series of air raids against civilian tar- with Syria and Barak's stated intention Violations committed by Israel gets, primarily power stations, violat- (with the support of the Knesset) to and by the SLA in South Lebanon ing both international humanitarian withdraw from Lebanon by July. include prolonged detention without law and a 1996 agreement between However, the gross human rights vio- trial, widespread use of torture, kid- both sides which explicitly forbids lations against Lebanese civilians by nappings, expulsion and forcible raids directed against civilians. On 31 the Israeli Defense Forces (IDF) and transfer of residents, restrictions on January, B'Tselem issued a press the South Lebanon Army (SLA) is not freedom of movement, forced con- release calling upon the Israeli govern- a topic which is often addressed in scription of residents (including ment to "break the cycle of bloodshed" Israeli public debate, nor is it often dis- minors), and indiscriminate military and to stop harming the civilian popu- cussed in conjunction with the pro- attacks leading to the deaths and lation in South Lebanon. posed withdrawal (see Volume 7, injuries of hundreds of civilians. While the proposed withdrawal Autumn 1994). These offenses constitute war crimes from Lebanon is debated in the news- In January 2000, B'Tselem pub- under international humanitarian law. papers and the streets, Lebanese civil- lished a report on Israel's Violations of The cycle of violence in South ians continue to suffer under Israeli Human Rights of Lebanese Civilians Lebanon escalated in January and occupation. • which asserts Israel's overall responsi- February 2000, sparked by the death of bility for protecting human rights in two Hizbollah fighters killed by the The full report may be down- the area of South Lebanon and calls SLA and the death of SLA's second in loaded from www.btselem.org/ upon the government to take all neces- command,'Aqel Hashem, killed by a btselem/files/eLebanon.rtf. Persons Killed From the end of July 1993 (beginning of Operation Accountability) to the end of November 1999, the IDF and SLA killed at least 355 Lebanese civilians From July 1985 (establishment of the "security zone") to the end of November 1999, the groups fighting against Israel in Lebanon killed Nine Israeli civilians From the end of April 1996 (the end of Operation Grapes of Wrath) to the end of November 1999, the groups fighting against Israel in Lebanon killed At least twenty-five Lebanese civilians From June 1985 (establishment of the "security zone") to the end of November 1999, the number of IDF and SLA soldiers killed in Lebanon totalled 244 IDF soldiers 410 SLA soldiers From January 1996 to May 1999, there were killed in Lebanon 121 Hizbullah combatants From March 1978 (establishment of UNIFIL) to the end of November 1999 the combating sides in South Lebanon killed 228 UNIFIL soldiers *the figures in this table were compiled from: Amnesty International and Human Rights Watch reports, UNIFIL reports, reports of the committee monitoring the Grapes of Wrath Understandings, the Israeli press, Israel's Ministry of Defense, and the Hizabullah website 9 The Struggle Against Torture Legislation Continues In September 1999, B'Tselem and U.S. aid would be jeopardized in independently proposed a bill that the entire human rights movement the event of its legislation of phvs- would serve to legalize physical celebrated the High Court of Justice's ical force. B'Tselem also briefed force, which is pending in Knesset courageous decision to prohibit phys- the German and Norwegian with 46 supporting signatures. ical means of interrogation by the Justice Ministers and parliamen- Moreover, in his speech in Knesset of General Security Service (CSS), other- tarians from Italy, Germany and March 14, Prime Minister Barak wise known as the Shin Bet (for Holland. acknowledged the problematic details, see volume 7, autumn 1999). In February 2000, the Israeli nature of the recent decision, reiterat- According to the terms of the government ostensibly aban- ing that "we are not Holland." Barak High Court ruling, "if the State wish- doned its plans to legislate "spe- stressed his opinion that "minimalist es to enable GSS investigators to uti- cial" interrogation methods, in legislation" which explicitly defines lize physical means of interrogations, part to avoid the condemnation of the "defence of necessity" in advance it must seek the enactment of legisla- the international community. Yet and "giving the CSS interrogators tion for this purpose." Thus, follow- in the meantime, Likud party instruments in this regard, is logical ing the High Court's decision, the chairman, Reuven Rivlin, has and proper legislation." • Ministerial Committee for GSS mat- ters, headed by Prime Minister Barak, appointed a committee of senior civil servants to consider legislation in Interrogation Over a Cup cases of immediate security threat. of Coffee? B'Tselem's Executive Director, Eitan Felner, addressed this committee of B'Tselem's recent position paper, entitled Legislation Allowing the Use Justice Ministry officials and GSS of Physical Force and Mental Coercion in Interrogations by the General members, presenting a 70-page posi- Security Service, was formally released in January 2000. As the first doc- tion paper directly responding to fre- ument of its kind, it addresses all aspects of the use of torture and ill- quently-voiced justifications for the treatment in interrogations as well as the unfounded arguments raised use of force in interrogations. by journalists and MKs regarding GSS interrogations. This 70-page document was for- The position paper responds to questions such as: mally released early in January 2000 and has been used as a tool for lobby- • "We are not Holland" - How do other democratic countries cope with ing decision-makers, locally and terrorism? The American and British approach. internationally, to dissuade Israel • Is questioning suspects "over a cup of coffee" the only alternative to from authorizing the use of force torture? Are there non-violent ways to obtain vital information? under any circumstances. The docu- ment was distributed to all 22,000 • Is it possible to allow "moderate physical pressure" without it quickly members of the Israeli Bar turning into a license to torture? Association, in addition to B'Tselem's • Are there cases in which it is morally justified to torture a person to regular audience. Since the High obtain information that may save lives? Court decision, B'Tselem has contin- ued lobbying the international com- • By enacting a statute allowing torture in interrogations, won't Israel munity to voice criticism against become the only democratic country in the world to legalize torture? potential legislation. Following B'Tselem's briefing on the subject, the Deputy Undersecretary for Human The position paper can be downloaded from B'Tselem's website at Rights of the U.S. State Department www.btselem.org/btselem/files/engtorture.doc. warned the Israeli government that The B'Tselem Human Rights Report 10 B'Tselem Turns Ten On December 10th 1999, coincid- nent artists, which were displayed at ing with International Human Rights Givatayim Theater throughout the fol- The true celebrations will Day, B'Tselem commemorated its ten- lowing month. Approximately 350 take place on B'Tselem's year anniversary. The occasion people attended the event, and each closing day, signifying the marked an opportunity to reflect on guest was provided with a catalogue the organization's successes over the of the art featured in the exhibit and end of human rights past decade in bringing the human information about B'Tselem. violations in the Occupied rights agenda to the forefront of Israeli Speeches were presented by public debate. It was also a time to renowned Israeli author Sami Michael, Territories anticipate the human rights chal- lenges ahead and gather friends and Knesset member and B'Tselem's first colleagues from different fields of the director Zehava Gal'on, and human rights community, including Palestinian attorney Raja Shehadeh, activists, academics, journalists, diplo- followed by a musical performance bv mats and donors. singer Dana Berger. Despite the day's The event was held at Givatayim festive atmosphere, B'Tselem's Theater, and included the opening of Executive Director, Eitan Felner, an art exhibition on the theme of solemnly reminded the audience that human rights, coordinated by the true celebrations will take place on B'Tselem and a professional curator. B'Tselem's closing day, signifying the The exhibition featured the voluntary end of human rights violations in the contributions of Israel's most promi- Logo design: Amir Cohen - idya.com Occupied Territories. • Recent Publications On the Way to Annexation: Human Israel's Violations of Human Rights of Rights Violations Resulting from the Lebanese Civilians Establishment and Expansion of the u Ma'aleh Adumim Settlement Builders of Zion: Human Rights u Violations of Palestinians from the Interrogations by the General Security Occupied Territories Working in Israel Service and the Settlements Expulsion of Residents from the South Mt. u Hebron Area, October-November 1999 All of B'Tselem's recent publications arc distributed free of charge and can be doivnloaded from our website: 1vww.btselem.org. Please contact B'Tselem if you would like to be added to our mailing list or electronic listserv. 11 Blaming the Victim Ha'aretz Newspaper: Aviv District Attorney Aharon Gal tennis shoes. Rab'a promised them Friday, December 17,1999 calls the family's suit for damages for his upcoming birthday. At about 1 "malicious," and says that "the plain- p.m., the school bell rang, and the chil- By Gideon Levy tiff's injury was caused solely by his dren of the UN Relief and Works own negligence or by negligence on Agency (UNRWA) school spilled out- A 15-year-old boy, shot in the part of his parents," and asserts side onto the Ramallah-Beit El road. the head by a border police- that the plaintiff, who spent months in Every day, these children cross the man, zuas left severely disabled. hospitals and rehabilitative institu- busy thoroughfare to return to their The policeman will not be tions, "did not do anything to reduce refugee camp, which lies down the brought to trial, and the judi- the damages claimed in the suit." slope on the other side of the road. A cial system is cynically placing Gal's cynical defense brief must be jeep belonging to the IDF or the responsibility for the shooting one of the most insulting documents Border Police is usually stationed on on the boy and his family. ever to come out of the Israeli justice the side of the road to make sure that Strange, high-pitched sounds - system. the children do not throw stones at the heartrending groans - are heard from Jihad Abu Rabi'a's impoverished passing cars. The day after the inci- the next room: They're changing family is collapsing under the burden dent, ninth-grader Salim Halil would Jihad's diaper. Afterward, Jihad of caring for its crippled child. A nar- describe for B'Tselem representative makes his way back into the living row path leads up from the alley to Najib Abu Rokavah what happened room, assisted by his parents. Jihad is their home. Chickens wan- 15. A year ago, he was living a normal der about a yard strewn childhood in the Jalazun refugee with garbage and heaps of Regardless of whether it is a camp, a good student from a poor junk. It is a large, extended rubber bullet or live ammunition, family - until the afternoon of October family. Samir Abu Rabi'a, he was shot in violation of 11, 1998. In an instant, his childhood his wife, Rab'a, and their ended, and life for him and his family five children live in one orders. Now, the state is trying was turned inside out. The strong, apartment. Samir's brother to evade responsibility handsome boy in a photograph taken and his parents live in the before that day is now paralyzed on other two units. The seven one side, incapable of speech, unable souls who make up Jihad's family next: "I was on the way home with to control his bodily functions. A bor- share two tiny rooms. some other children. I remember that der policeman shot Jihad in the back Even for a refugee camp, their liv- Jihad Abu Rabi'a and Samer al-Asmar of the head as the boy was fleeing ing conditions are especially tough. were among them. On the way, I saw from an area where stones were being Jihad's father is a sanitation worker two youths I didn't know throwing thrown. Whether he threw stones or who collects the garbage in the rocks at the Border Police jeep. I know not, he has a bullet in his head. refugee camp every day between 4 that it was from the Border Police Regardless of whether it is a rubber and 9 a.m. He earns NIS 1,000 a because its color is different than an bullet or live ammunition, he was shot month. Rab'a used to have a job serv- IDF jeep and it has a blue light on the in violation of orders. ing tea in the office of Yasser Abed roof. The rocks were thrown while Now, the state is trying to evade Rabbo at the Palestinian Authority's the jeep was moving. It stopped and responsibility. Jerusalem District Information Ministry, but now she first one policeman, and then two Attorney Moshe Lador has decided to devotes all her time to caring for more, got out. close the case file, and not bring the Jihad. "Jihad, Samer and I and some border policeman who fired the shot October 11, 1998 was a regular other kids that were with us all hid. to trial, "since the investigative mater- school day. Before leaving the house Some ran away. I hid behind the ial does not contain sufficient evi- that morning, Jihad asked his mother restaurant and Jihad was with me. I dence to submit an indictment." Tel if she would buy him a new pair of peeked over the wall and I saw the The B'Tselem Human Rights Report 12 soldiers. I thought that they wanted On August 15, Jihad returned before and then they can close the to catch us and I told this to the kids home. His mother proudly relates case. Either they give me my son around me. Jihad started to run that, not long ago, Jihad immediately back, or I'll do something. I'll see to it toward the nearby alley. The distance identified a neighbor's son in a photo that someone pays for what they did between him and us was about 30 of the Jalazun soccer team in the to my son. What do I have to be afraid meters. While we were running to Palestinian newspaper. Noticing the of? What — are your sons better than him, the soldiers were shooting at us. Hebrew writing in my notebook, my sons? When an Arab does some- We managed to get to Jihad and drag Jihad utters an unintelligible sound. thing to a Jewish child, the whole him toward the alley, to the house of a Once in a while, his former classmates world is up in arms and refuses to let Bedouin family. From there we called come to visit. His father, Samir, lis- it go, and when something like that for a car to take him to the hospital in tens and remains silent, but his face happens to an Arab child, everyone Ramallah." Samer later gave identical shows his anguish. The UNRWA goes right back to their routine." testimony. gives them an especially large amount The father, Samir, breaks his "I know my son," says Rab'a. of assistance due to the gravity of their silence: "What are we asking for? "He's timid. He wouldn't throw situation. Compensation that would enable us rocks. 1 always told him — go study, Did you know that the policeman to live like human beings. For some- go get an education, and don't get who shot your son is not going to be one to repay our expenses — the med- involved in those things." She is the brought to trial? icines, the diapers, the traveling. I family's most eloquent spokesperson, Rab'a: "We hadn't heard. We don't have the money to pay for all and shoulders the entire burden of don't know anything. Why did they that. Each trip to the doctor costs me caring for the house and for Jihad. close the case? They'll close the case NIS 50. I'm asking for financial help. When Jihad was injured, some and we'll remain like this? They Words are fine and pretty, but with- children came to tell her what hap- should find a solution for us before out financial help, the words don't pened. The whole family went to the they close the case. They should give matter." • site of the shooting, and were told that me my son back the way he was Jihad had been taken to the hospital in Ramallah. At the hospital, they were told that the boy was clinically brain- Since the immediate aftermath of the shooting, when field- dead, and some of his classmates had worker Najib Abu Rokayah collected witness' testimonies, volunteered to go to the cemetery to B'Tselem has continuously monitored the case of 15-year-old begin digging the grave. That evening, Jihad was rushed to Jihad Abu Rabi'a. Following the State's decision not to bring Hadassah Ein Kerem and underwent the case to trial, B'Tselem data coordinators sent letters of surgery lasting four hours. For the protest to the Justice Ministry's Department for the next 25 days, he lay unconscious on a Investigation of Police. B'Tselem's fieldworker brought this respirator in the intensive care unit. Still unconscious, he then spent a case to the attention of journalist Gideon Levy and accotnpa- month and a half at the Alyn Institute. nied him to meet with Jihad and his family. Following the pub- Next, he was transferred to the reha- lication of Levy's article in December 1999, B'Tselem received a bilitative institution in Beit Jala, where number of phone calls and letters from Israelis offering finan- he stayed for another six months. The first signs of awakening came four cial support to the Abu Rabi'a family. A woman whose hus- months after his injury. At the band had died in military service was so moved by the story Ramallah hospital the neurosurgeon, that, after accompanying a B'Tselem fieldworker to the fami- Dr. Druza, wrote that Jihad had been ly's home, she committed herself to making monthly donations wounded by a live bullet; at Hadassah, they described it as simply to the family until the State assumes responsibility for this rep- a bullet; at Alvn, it was noted as a rub- rehensible act. her bullet. 13 EVICTION In the meantime, the tragedy in longing the various justifications for the South Mount Hebron region con- the expulsion provided by Israeli offi- continued from p. 1 tinued. On 28 February, the IDF cials. The report reveals that the true entered the village of Jinba and objective of the expulsion was not expulsion was to remain in effect. Yet removed every personal belonging security-related, but entirely political. the fight to return the residents to their (including food) from the caves of sev- OC Central Command Moshe Yaalon homes continued in the wake of Sneh's eral families who had returned to the stated that it is in Israel's interest for decision. area. The next day, B'Tselem issued a the disputed area to remain in Israeli Several of the organizations report entitled Expulsion of Palestinian hands before a final-status agreement involved in the issue collaborated to Residents from the South Mount Hebron is reached, in order to achieve territor- run daily ads in the leading Israeli Area, October — November 1999, chal- ial continuity between the settlements daily Ha'aretz, reminding the public and the government of the number of days since the eviction and calling on the government to take action. On "I wouldn't trade this for anything," Throughout this winter's Mr. Hamamdeh, 35, severe weather conditions said of the cave many lived in tents, await- from which he, his ing permission to return to wife, nine children their homes and a flock of sheep were ousted... "My Tuesday February 29, representatives grandfather opened of several human rights organizations, this cave. I was including B'Tselem, met with nine members of the Knesset to assess the born here. My chil- situation and discuss a future course of dren were born here. action. The Knesset members present expressed their outrage at the blatant My wife gave birth disregard for human rights inherent in here. This zvas our the expulsion order, and promised to hospital and clinic. apply consistent pressure to their respective ministers and lobby the If we were sick, we government for a reversal of the order. went out to the The meeting also resulted in a petition protesting the eviction which was cir- field, collected culated among members of the herbs and made Knesset, as well as an excursion to Mufqara for all interested Knesset medicine... I'm used members. Participating Knesset mem- to this, and I'm not hers were from the following delega- tions: One Israel, Meretz (Democratic comfortable any- Israel), Hadash (Democratic Front for where else." Peace and Equality), and Balad (National Democratic Alliance). The B'Tselem Human Rights Report 14 of Carmel and Maon and the Green Line (in the Arad valley area). It also appeared that the eviction of the B'Tselem Staff Palestinians was part of an agree- • Eitan Felner, Executive Director • Ronny Talmor, Newspaper ment reached between the govern- • Najib Abu Rokayah, Editor ment and the Judea, Samaria, and Fieldworker • Na'ama Tamari, Secretary Gaza Council when Jewish settlers • Heidi Altman, Intern • Lior Yavne, Data Coordinator were evicted from the Maon Farm outpost. • Nisreen Alyan, Secretary • Baha Alyan, Archivist • Shirly Eran, Data Coordinator B'Tselem Board "I'm used to this, and I'm • Tomer Feffer, Press Officer Members not comfortable • Tali Gur, Archivist • Edy Kaufman, Chair anywhere else." • Rasha Natur, Archivist • Arieh Arnon • Tirsta Harif, Financial • Meron Benvenisti Administrator • Anat Biletzki On the morning of Wednesday, • Noga Kadman, Fieldwork & 29th March, petitions were brought Data Coordinator • Henriette Dahan-Kalev before Israel's High Court on behalf • Heather Lang, Development • Zvia Greenfeld of dozens of the nearly 700 evicted Associate • Orit Kamir Palestinians. Before a packed court • Amnon Kapeliuk room, the 3 judge panel pronounced • Yehezkel Lein, Researcher that those expelled would be allowed • Noam Lubell, Outreach • Nadera Kevorkian to return to their homes and graze Coordinator • Menachem Klein their herds on their land. This was • Raslan Mahagna, Fieldworker • Victor Lederfarb presented as an interim agreement to • Jessica Montell, Development • Avishai Margalit remain in force until an investigation Director • Ayelet Ophir could be conducted by a person appointed by the litigants. • Zvi Shulman, English Translator • Leon Shelef The families that had been • Vael Stein, Research Coordinator • Gila Svirsky expelled welcomed this decision, yet celebrations were tempered by the shadow of five months of suffering. On the afternoon of the decision, Staff Changes B'Tselem issued a press release ask- ing, "Is this the way a state should • Raslan Mahagna was hired to replace Marwa Jbara-Tibi as fieldworker. act? First expel scores of families and • Researcher Yael Stein returned from a sabbatical in England, where she then investigate whether the expul- obtained a Master's Degree in Human Rights from the University of sion is justified? Who will compen- London. She now serves as coordinator of research. sate the evicted Palestinians for the • Press Officer Tomer Feffer now coordinates the public relations unit, terrible injustice they suffered?"• supervising the Outreach Coordinator and the Webmaster. • Researcher Na'ama Carmi and Data Coordinator Iris Giller left B'Tselem. This case study may be • Tali Gur and Rasha Natur were hired as Archivists, replacing Suha downloaded from: Diab. www.btselem.org/btselem/files/ en1ufkara.rtf 15 Participation in Conferences Abroad B'Tselem sent representatives to the following international conferences and training seminars: Study Session, hosted by the International Human Search for Common Ground conference on new Rights Institute in Strasbourg. France. challenges to human rights in the Middle East, in Malta. Summer course, organized by the Netherlands School of Seminar on the Human Rights Dimension of the Human Rights Research and the Catholic University of Barcelona Process, organized by the Euro- Leuven. Mediterranean Human Rights Network, in Brussels. Training Course for Human Rights Field Officers, orga- Conference at the Danish Parliament, hosted by the nized by P1BOES Network: Professional Capacity Palestinian-Danish Friendship Association, in Building for Human Rights Field Missions, at the Copenhagen. University of Essex. Conference at the Italian Senate, organized by Antigone Course for Arab Youth Leaders, hosted by the Danish and Amnesty International, in Rome. Youth Council in Denmark, and Jordan. Conference on Jerusalem, organized by the Italian Conference on civil society and globalization organized Network of NGOs for Palestine, in Rome. by Italian NGO. Roundtable for Peace, in Rome. Lisbon Forum 1999, hosted by the North-South Centre. B'Tselem depends entirely on contributions from organizations and individuals to make its work possible. Contributions may be sent directly to B'Tselem. In the U.S., Canada and the United Kingdom, contributions may be made through the New Israel Fund. Contributions should be marked as donor-advised to B'Tselem and sent to N1F, P.O. Box 91588 Washington D.C. 20090-1588. B'Tselem thanks the following bodies for their financial support in 2000 Christian Aid (UK) • DanChurchAid (Denmark) • EZE (Germany) • Ford Foundation (USA) • ICCO (Netherlands) • International Commission of Jurists (Sweden) • Joyce Mertz-Gilmore Foundation (USA) • New Israel Fund (Israel) • Federal Department of Foreign Affairs (Switzerland) • CCFD (France) • Norwegian Foreign Ministry B'Tselem -The Israeli Information Center for Human Rights in the Occupied Territories 43 Emek Refaim Street (Second Floor) • Jerusalem 93141 • Israel • Telephone: 972-2-5617271 • Fax: 972-2- 5610756 e-mail: [email protected] • website: http://www.btselem.org The B'Tselem Human Rights Report 16