Press Release

8 March 1999
Press Release Index
Al-Haq responds to the 1999 report of the Special Rapporteur on Violations of Human Rights in the Occupied Arab Territories, including Palestine
Mr. Halinen's report on "the situation of human rights in the Palestinian territories occupied since 1967" was marked in 1999, as in previous years, by a familiar pattern both in terms of the human rights abuses detailed and the political posturing surrounding the mandate in force since 1993. Accordingly he noted with regret the lack of co-operation on the part of the government of Israel during his visit to the region (3rd - 12th January, 1999) in contrast with a commendable transparency amongst representatives of the Palestinian Authority, Egypt, the League of Arab States and the UN.
His principal concerns regarding human rights began with an assessment of the relationship of human rights to the peace process, with specific reference to the developments at Wye Plantation (October 1998). Though these discussions were a positive step, in Mr. Halinen's opinion the continuing lack of progress towards peace and consequent frustration threatens to reverse the trend towards an alleviation of human rights abuse. Condemning the current peace as leaving the Palestinian population in a vacuum, as far as the protection of human rights is concerned, he asserted that the occupation has in fact become "more forceful after the beginning of the peace process."
The process of forcibly changing the demographics of the Occupied Territories through settlement activity continues unabated. An acceleration since Wye has brought the number of settlements in contravention of Article 49 of the 4th Geneva Convention to an estimated 190. Of particular concern in the report was the construction of bypass roads, the systematic Judaization of Jerusalem and the concomitant land confiscation, house demolition and denial of residency status to Arab Jerusalemites leaving them as foreign immigrants in their own city.
The report also detailed the plight of the 2,200 Palestinians detained in Israeli prisons and detention centres which is exacerbated by restrictions on the movement of Palestinians depriving detainees of access to legal representation and their families. Despite a downturn in the practice of administrative detention by Israel it continues - with nearly 100 thus imprisoned; the longest for approaching five years - and has meanwhile increased under the Palestinian Authority since Wye.
The Israeli General Security Service (GSS) has made less use of "more flagrant torture methods" (instead taking medical advice on the maximum possible tolerance of victims to such treatment); however, the Special Rapporteur drew attention to the process underway in the Knesset which threatens to legitimize the use of torture (which would leave Israel as the first country to officially legalize torture). Such treatment has a longlasting psychological impact on its victims which, compounded by extreme unemployment (62% in Gaza), leads to domestic violence and anxiety in children.
The incidence of violent clashes between the two sides has decreased since the Intifada but the Special Rapporteur noted the number deaths caused by soldiers' use of steel-coated rubber bullets in contravention of Israeli guidelines for use and without redress.
The Special Rapporteur further highlighted the extent of Israeli control of Palestine's economy and society through such means as closure (though today used less as a form of collective punishment) and the arbitrary issuing of work permits. Such controls leave Palestine economically disproportionately dependent on Israel, disrupt primary, secondary and tertiary level education and prevent the formation of Palestinian-Israeli relationships at an individual level.
In his conclusions and recommendations the Special Rapporteur dealt more specifically with the relationship of human rights to the political context, which constituted the central theme of this report. Criticizing the practice of leaving human rights as a hostage to political expediency, he underlined the prevailing opinion amongst those in the UN that human rights, on the contrary, represent the only real basis for a sustainable peace given their universal importance to all concerned. To this end the Special Rapporteur called on the High Contracting Parties of the Fourth Geneva Convention to convene a conference in accordance with UNGA resolution ES-10/3.
Furthermore Mr. Halinen offered a reasoned response to Israel's rationale for refusal to co-operate with his report: defending its necessity; acknowledging the need to review the scope of the mandate; but also calling on the Israeli government to look beyond the immediate politics surrounding it and to recognise the fundamental importance of human rights in a wider understanding of security based on mutual trust and respect for the rule of law.
Nevertheless, the report included notable attempts to appease Israeli government criticism (Mr. Halinen reiterated frequently that his concerns "should … not be read as accusatory") and to redress the anachronistic focus of the mandate by offering a painstakingly even handed critique of, and advice to the Palestinian Authority. While acknowledging the imperfect track record of the Palestinian National Authority regarding human rights violations, al-Haq maintains that the ultimate responsibility to ensure respect for human rights in the Occupied Territories falls on the Israeli government as an occupying power.
This drawback highlights the difficulties facing those who Mr. Halinen exhorted to work to realise the articles of the Universal Declaration of Human Rights in areas such as the Palestinian Occupied Territories today, fifty years since its promulgation.

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