UN's Assessment of Human Rights Violations in Occupied Palestine - by Stephen Lendman
John Dugard is The UN Human Rights Council's Special Rapporteur on Palestine and a rare public official. In January 2008, he assessed the situation in Occupied Palestine (OPT). It was detailed, inclusive and honest. This article discusses his findings in-depth. Most of them have been widely reported, but they bear repeating nonetheless. It's because, in this instance, they're from an agency of the 192 member states world body. It's hoped that source highlights their importance and adds to their credibility.
From September 25 to October 1, 2007, Dugard visited Gaza, Jerusalem, Ramallah, Bethlehem, Jericho, Nablus, Qalqiliya and the Jordan valley and held extensive meetings with: Palestinian and Israeli NGOs, UN agencies, Palestinian and Jordanian officials, academics, businessmen, and independent interlocutors. He also went to Gazan factories and West Bank checkpoints and settlements and saw firsthand the situation on the ground.
For his efforts, Dugard is both praised and criticized. Extremists even condemn him. It's the price he and others pay for assessing conditions honestly. He addressed his critics and what they cite:
-- that his reports are repetitious; he agrees because Israel repeats the same human rights and humanitarian law violations and has done it for over 40 years of occupation. They feature: "(Illegal) settlements, checkpoints, demolition of houses, torture, closure of crossings and military incursions...." More recently, add the separation wall (since 2003), "sonic booms, (stepped up) targeted killings, (using) Palestinians as human shields, and the humanitarian crisis" in Gaza since Hamas was democratically elected in January 2006.
-- that he fails to address "terrorism;" he calls it a "scourge" with violations by both sides but with a huge disproportionate difference; for their part, Palestinians are conducting a national liberation struggle "against colonialism, apartheid (and) military occupation." He doesn't condone rocket attacks or suicide bombings but compares them historically to earlier "acts of terror" under military occupation - against the Nazis, South Africa in Namibia and in pre-1948 Mandate Palestine by Jewish terrorist groups in which two future Israeli prime ministers were leaders. Violence will continue as long as the Territories are occupied and Israel treats the population repressively; Israel understands this, yet continues its harshness, and does so for strategic reasons.
-- that he fails to address Palestinian human rights violations; he cites the occupation that causes them on both sides and stopping them requires it "be brought to a speedy end;" further, his Special Rapporteur mandate is to report on the occupier's violations, not the people occupied, and he's doing his job.
Forty Years of Occupation
For Palestinians, occupation is their core issue and the reason violence continues. In its 2004 Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, the International Court of Justice (ICJ or World Court) held the following: that Palestine (including East Jerusalem) "remain occupied territories and Israel has continued to have the status of occupying Power." This requires its government to adhere to the Fourth Geneva Convention protection of civilians in time of war, and to the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights. It's further argued that 40 years in charge increased Israel's obligations. Its occupation now is more unlawful because it's continued to violate international laws all this time.
The Occupation of Gaza
Dugard assessed conditions in Gaza in its earliest days under siege, excluding the intensified harshness in recent months.
He discounted the notion that Ariel Sharon's 2005 "evacuation" changed anything. On September 19, 2007, however, it changed plenty when Israel declared Gaza a "hostile territory," Secretary of State Rice concurred, and fuel, electricity and other essential supplies and services were severely cut.
Under international law, Dugard asserts that "effective control" determines whether a territory is occupied, not a physical presence on the ground. International law also requires an occupier to guarantee the civilian population's welfare. By this standard, Israel violates its obligation, Gaza's occupation never ended, and pretending otherwise is a charade. The following factors reflect conditions on the ground:
-- Israel maintains control of Gaza's six land crossings - Erez into Israel; Rafah into Egypt in violation of the November 2005 negotiated Agreement on Movement and Access between the Palestinian Authority (PA) and Israel - brokered by the US, EU and the international community's envoy for Gaza's disengagement; Karmi that's the main access for goods into the Territory; Karem Shalom and Sufa for goods as well and one other; the effects on Gazans have been "disastrous;"
-- Israeli control through military incursions, "rocket attacks and sonic booms," and declaring sections of Gaza "no-go" zones where residents entering will be shot;
-- control of Gaza's airspace and territorial waters; and
I am a 72 year old, retired, progressive small businessman concerned about all the major national and world issues, committed to speak out and write about them.
It is the Palestinians that have no right to exist. It is time for Israel to stop being a Jewish state. It is time for massive emmigration to the U.S. Too many people. Not enough water.
by
John Hanks (1 articles, 0 quicklinks, 0 diaries, 830 comments)
on Thursday, March 20, 2008 at 5:32:10 PM
