1. CIHRS Press Release: Human Rights Organizations Call for Expelling Israel from the United Nations
The Third International Conference of the Human Rights Movement in the Arab World called upon the League of Arab States to take the practical measures necessary for expelling Israel from the United Nations. This is based on Israel's violation of one of the conditions for accepting its membership to the UN in 1949, that is its failure to implement the UN Resolution 194 of 1948 that requires it to allow the return of the Palestinian refugees to their homes and to pay compensations.
This was part of the recommendations of the Rabat Declaration on the Rights of the Palestinian Refugees. The Rabat Declaration was adopted by the conference organized by the Cairo Institute for Human Rights (CIHRS), in coordination with the Moroccan Organization for Human Rights and the Euro-Mediterranean Human Rights Network, from 10 to 12 February 2001 in Rabat, Morocco.
The conference started with keynote addresses by Mr. Muhammad Ugar, the Moroccan Minister for Human Rights, and the representatives of the organizers. The inaugural session was chaired by Mr. Khaled el- Nassery, Chairman of the Arab League's Permanent Committee for Human Rights. The conference was attended by human rights organizations from 7 Arab countries and from Palestine of 1948, Arab and foreign experts, academics, jurists, officials, in addition to representatives of international human rights organizations, the United Nations, and Arab and foreign diplomats.
The conference discussed 13 papers on five themes. Four major international human rights organizations gave statements on their positions on the Palestinian refugees issue. They were: Amnesty International, The Euro-Mediterranean Human Rights Network, The International Federation for Human Rights, and Human Rights Watch.
In its closing session, the Conference discussed the Rabat Declaration (attached) setting out the main recommendation. Moreover, the conference made three practical recommendations:
1- Charging the CIHRS with submitting the conference's recommendations as embodied in the Rabat Declaration to: the Secretary General of the Arab League, for presentation to the next Arab summit in March in Amman; the Secretary General of the United Nations; the United Nations High Commissioner for Human Rights; the United Nations Human Rights Commission; Sweden, in its capacity as the president of the European Union during this period; and the international human rights organization.
2- Calling upon the Palestinian organizations in the West Bank, Gaza and Palestine of 1948, to follow up the conference's recommendations, in coordination with the Arab networks in Europe and the United States concerned with the implementation of the right of return.
3- Calling upon the BADIL Resource Center for Palestinian Residency and Refugee Rights, Palestine, to continue its work for documenting all the information and documents pertaining to the refugees, in cooperation with the concerned organizations and networks.
Cairo Institute for Human Rights Studies(CIHRS) tel: +202 794 37 15 / 795 11 12 fax +202 795 4 200
9 Rustom St. Garden City- 7th floor flat 35 Cairo- Egypt
Mailing address: P.O.Box 117 Magles Al Shaab 11516 Cairo -Egypt
2. Future of the Palestinian Refugees under the Current Political Settlement
The Third International Conference of the Human Rights Movement in the Arab World
THE RABAT DECLARATION ON THE RIGHTS OF PALESTINIAN REFUGEES
The Cairo Institute for Human Rights Studies (CIHRS), in cooperation with the Moroccan Organization for Human Rights and the Euro- Mediterranean Human Rights Network (EMHRN), with the participation of experts and representatives of Arab and international human rights organizations, and with generous facilitation from the Moroccan government, organized the Conference on the Future of the Palestinian Refugees under the Current Political Settlement/the Third International Conference of the Human Rights Movement in the Arab World from the 10th to the 12th of February, 2001, in Rabat, Morocco.
The participants,
Having reviewed the relevant international human rights declarations, conventions and covenants and the Casablanca Declaration issued by the First International Conference of the Human Rights Movement in the Arab World,
Having reviewed the papers presented to the Conference,
Having examined the tragic and inhuman conditions of the Palestinian refugees and displaced persons in the homeland and the Diaspora for more than fifty-two years,
Having considered Israel's intransigence and refusal to comply with the resolutions of international legality on the refugees' right to return and compensation, and the Israeli continuous practices of banishment, displacement and human rights violation,
Having considered the attempt by some international parties to circumvent the resolutions of international legality by suggesting permanent settlement in the host countries and compensation as an alternative to compelling Israel to comply with the will of the international community,
Decide to adopt the following declaration.
The Conference affirms that:
First: Israel bears full responsibility for creating the Palestinian refugees issue, through systematic expulsion, whether direct or indirect, massacres, killings, terror and intimidation. These acts are corroborated by Israeli documents as well as testimonies by some Israeli officials and historians. Israel bears the responsibility in full also because of its persistent rejection of the return of the Palestinian refugees.
Second: According to the UN General Assembly Resolution 194, the Palestinian refugees' right of return to their homes and property is a personal right for every individual and a collective right for the refugees as a whole. No one is to be authorized to conclude any agreement that denies refugees, individually or collectively, their right of return.
Furthermore, the establishment of the Palestinian state, or a refugee's acquiring of another nationality, does not deny refugees the right to return to their own towns and villages.
Third: Compensation for property usurped and for the grave psychological, economic and social suffering of Palestinians for more than fifty-two years is not an alternative to the enforcement of the right of return. Indeed, as the UN General Assembly Resolution 194 of 1948 sets out, compensation should be paid in addition to return.
Fourth: Any political settlement that does not ensure the rights of the Palestinian refugees will not lead to a lasting, comprehensive peace in the region. The Conference reaffirms that the international community bears the main responsibility for enforcing resolutions adopted by its institutions concerning the Palestinian people's enjoyment of their right to self-determination, the return of the Palestinian refugees to their homes, and providing them with international protection until their return.
Fifth: Pending the implementation of the Palestinian refugees' right of return, they must enjoy their human rights to the full, namely their civil, social, economic and cultural rights, in the (temporary) Arab host countries. The Conference further reaffirms that safeguarding these rights is not the same as permanent settlement in host countries, which is rejected by Palestinians and Arabs in general. Nor does it mean relinquishing the right of return. Rather, it helps support the refugees' resistance to attempts to eliminate this right.
Sixth: Arab host countries are responsible for enforcing the relevant Arab League resolutions, conventions and recommendations. The Conference calls for putting an end to the gross infringements of the international and regional resolutions on the rights of Palestinian refugees in a number of Arab host countries. It is incumbent upon international and Arab human rights organizations to dedicate more attention to such condition.
Seventh: The Conference urges international and regional development agencies and donor states to provide the necessary financial support to:
1- The Arab host countries, in order to realize all of the economic and social rights of the Palestinian refugees.
2-Civil society institutions in the Palestinian communities, so as to be able to carry out their role in improving their conditions.
3- The Palestinian National Authority, so as to enable it to accommodate the Palestinians displaced in the wake of the Israeli occupation of the West Bank, including Jerusalem, and the Gaza Strip after the June 1967 war.
4- The UNRWA, in support of its role concerning the Palestinian refugees.
Eighth: The Conference reaffirms the right of the Palestinians displaced within Israel to return to their original towns and villages, to reclaim their property, and to be compensated for their damages and suffering. Institutions working towards the implementation of these rights should receive support.
Ninth: Israel's continued rejection of the implementation of UN General Assembly Resolution 194 of 1948, which was one of the conditions for its admission to the UN according to General Assembly Resolution 273 of May 11th, 1949, leads in effect to annulling the decision to accept its membership. This makes it obligatory that the United Nations expel Israel and impose sanctions on it until it complies in full with UN resolutions. Accordingly, the Conference calls upon the League of Arab States to start forthwith taking the practical measures necessary for implementing this recommendation.
Tenth: The forced displacement of millions of Palestinians because of the acts of ethnic cleansing perpetrated by Israel, which included slaughters and acts of brutal terrorism, are crimes against humanity to which statutory limitations do not apply. The relevant civil society institutions as well as international and Arab human rights organizations should perform their duty to work for bringing perpetrators of such crimes to international justice, including working for the establishment of an ad hoc criminal tribunal.
Eleventh: The Conference reaffirms its profound appreciation of the international organizations and networks that took a principled stand in supporting the Palestinian refugees' right of return, and urges them to further their efforts in this regard. The Conference also calls upon the international and Arab human rights organizations to coordinate their efforts in this regard with the networks organizing the international campaign for the implementation of the Palestinian refugees' rights to return and compensation.
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We referred as well to Advocate Awni Banna’s petition to the
Ministry of Education on behalf of the Association for the Right of
the Citizen.
Al-Sinnara and Al-Ittihad in there Tuesday editions reported about
the Supreme Court decision by Judge Yakov Terkel to transform
the petition to a form of three judges in the couple of weeks.
Al-Ittihad Friday’s edition published a full coverage of the topic.
Banna expressed his bitterness: “in spite the fact that 5 months
passed since our petition to the Ministry of Education, and in spite
the recommendation of opening new classrooms, nothing has been
done yet”.
The article review the system needs, which is missing in the Arab
Education system such as: Autopsy files on Martyrs of “Black October” Clashes
The investigation Committee starts today the testimony hearing.
Al-Ittihad, in its Monday edition disapproves of the fact that "the
committee did not declare the beginning of its work even to the
martyrs' parents".
"This make it even harder to the martyrs' advocators to get
ready".
Arab reactions to the Azur bus attack.
Panorama relates to the same topic from the same point of view;
the attack, background, and reactions. Sharon, the elected prime
minister claims that “terrorist attacks do not separate between Tel-
Aviv, Holon or Hedera, but its main goal is to strike Israeli
wherever they exist”.
On the other hand and from a different point of view, Ayyam-Al-
Arab editorial, Mr. Walid Yassen says, “the bus attack strike our
feelings the same as the murder of the Palestinian Officer
Massoad Aiad, and of Mohamed Al-Durra whose murdered was
photographed last October”.
Yassen says as well: “that he can’t bare discrimination between
Arabic blood and Jewish blood, or tears of a Jewish mother or of
an Arabic woman, cause this will brings both sides to more hate,
specially if those words were President Moshe Katsav’s words.
Discriminations in Law Application The Ribat Conference of Refuges Rights
Advocate Khalid Zuabi, chairperson of Arab Association for
Human Rights comment on the conference saying: "our
participation was very important in order to strengthen our
relations with Human Rights organizations in the Arab world".
A Meeting with an Investigation Committee - The United
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The Public Committee Against Torture in Israel (PCATI) would like
to
inform the international community of the continued detention and
possible torture of William Jehard Shuman, a British citizen, who
was
arrested on 5.1.2001 on suspicion of being an agent of the
Hezbollah
sent to Israel to plan and carry out terrorist attacks.
A gag order imposed on this case was partially lifted on by the by
the
President of the Jerusalem Magistrates Court, Judge Amnon
Cohen on
11.2.2001.
Mr. Shuman complained to his attorney Lea Tsemel, the court and
a
representative of the British consulate that he was tortured during
his interrogation. Among other things, he claims that he was beaten
wounded and threatened during his interrogation. An independent doctor
determined that Mr. Shuman did not receive proper medical care.
According to the newspaper "Yediot Ahronot" who published a letter
sent by Attorney Tsemel on 27.1.2001 to the Attorney General she
stated Mr. Shuman's complaints against his interrogators and demanded
that an investigation be immediately initiated. In her letter attorney
Tsemel wrote that Mr. Shuman was not informed of his rights and told
that he had had no rights and that in Israel those interrogated must
confess to all accusations raised against them. She further stated
that Mr. Shuman complained that he was beaten, kicked, threatened and
tied for many hours to a small chair in painful positions. Because he
was not able to move after this ordeal he was sent to a hospital where
while tied to his bed he was physically abused by his guards. Mr.
Shuman also complained that he was not allowed to sleep for several
days and that when he showed signs of exhaustion a guard would take
him to the shower and pour cold water on him forcing him to sit for
hours in the cold while wet all over. Because Mr. Shuman has a history
of sinusitis he suffered as a result of the above from severe
headaches and sinus pains. Attorney Tsemel also wrote that although
Mr. Shuman knows only Arabic and English his interrogators forced him
by threatening him to sign documents written in Hebrew. He also
complained that he was threatened and verbally abused throughout his
interrogation.
According to the newspapers "Yediot Ahronot" and "Ha'Aretz", Attorney
Tsemel stated that Mr. Shuman denies all the accusations raised
against him. The newspapers also reported that the British Foreign
Office confirmed the arrest and released a strongly worded complaint
that Shuman had been mistreated by the Israeli Security services, was
not getting proper medical attention and not receiving regular visits.
The Foreign Office officials also said that an independent doctor sent
on their behalf to visit Shuman claimed that there are signs that he
underwent "physical maltreatment". These officials did not comment on
the accusations raised against Shuman but said that he should be
either charged or freed. The Israeli Foreign Ministry rejected the
complaints of the British Foreign Office stating that Mr. Shuman's
investigation had been dealt with through diplomatic channels since
his arrest and that the British authorities received all information
relevant to his arrest and a consul, doctor and lawyer have all been
allowed to visit him.
On 12.2.2001, the Public Committee Against Torture in Israel, which
has further details but cannot publish them at this time, called on
Attorney General Elyakim Rubinstein to fully lift the gag order on
Mr. Shuman's complaint. In PCATI's view the gag order must be lifted
in order to carry out a fair and democratic legal process due to
international legal standards and in order to prevent instances of
unlawful torture. The gag order must be fully lifted so that the
matter can come under public scrutiny and an investigation can be
carried out to whether illegal methods were employed, and if found to
be so also to bring those responsible to justice.
From the ministry of justice state attorney office we were informed
that the gag order still stands.
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LAW’s lawyer Labib Habib has filed a complaint on behalf of LAW
Society with the Israeli army officer in charge of Palestinian
detainees. The complaint was pursuant to the lawyer’s visit to
Megiddo
prison and the complaints LAW received from detainees about the
deterioration of living conditions inside the prison. In his
complaint, LAW’s lawyer described and demanded an explanation
for the
extremely bad conditions in the prison, including insufficient and
poor quality food, inadequate healthcare, frequent electricity and
water cuts, and, since the beginning of the current Intifada,
prisoners being deprived of receiving visits from their families.
The prisoners’ representatives have complained many times about the
conditions inside the prison, especially since the spread of a
contagious skin disease that infected 20 detainees.
LAW’s lawyer also demanded immediate intervention to improve the
situation inside the prison and reiterated the texts of the
international human rights conventions in this regard.
Megiddo military prison, inside the borders of Israel, holds 800
Palestinian prisoners including 500 detainees and 15 administrative
detainees.
Arab Human Rights Association
Press Review:
Preventing Arab workers from using their mother tongue
Long reports and testimonies were published during this week
documenting the discrimination against Arab workers in a
restaurant company called “Yehuda Afazi”. The company has
restaurants in Haifa, Hertzelia, Holon, Tel-Aviv, Kfar Saba and
Natanya.
“The Voice of worker Association” in Nazareth had published a
full coverage of testimonies of Arab workers in this restaurant
after “Black October” clashes.
Fasl Al-Maqal published the first part of the Association’s report
about the Arab workers’ suffering. The workers claim that the
request of “not speaking Arabic during work came up after the
Black October clashes, when they became a target (see Weekly
Press Review-No.6).
Ibrahim Mahajna from Umm Al-Fahm town says in his testimony:
“After I was injured by Jewish mobs in Tel-Aviv and after
calming the situation, I tried to come back to work, but the boss
refused saying that he does not want any Arab workers in Tel
Aviv and do not w ant to hear the Arabic Language”.
Mahajna said as well that their Arabic names were switched to
Hebrew names in order not to be recognized as Arabs by the
restaurant customers, for example: worker with family name such
as Jabarin was switched to “Gabi” and this was a condition in
order to not be fired”.
Assad Ailie, another worker from Umm Al-Fahm reported “he
was working in this company for about 4 years. After the October
clashes new instructions were given due to work’s conditions.
The most important and insulting one refers to preventing us
speaking Arabic between us or with Arab costumers.”
A serious discussion developed between the worker and his boss
as Ailie says: “I refused speaking in Hebrew with my friends and
declared that we are Arabs, we will remain Arabs and we will die
as Arabs. The next day I was fired”. (Ayyam Al-Arab, Friday
16).
Al-Sinnara (Friday 16) resembles the Arab workers’ situation in
this company to the Apartheid government.
Faruq Mahajna from Umm Al-Fahm was a witness to this
discrimination.
Farug attended the restaurant as a costumer. The waiter was
Arabic from Umm Al-Fahm, which he recognized. “We start
speaking in Arabic when the shift responsible came to the waiter
and ask him to speak in Hebrew.”
The managing-director of the company, Mr. Tsfvika Wolf refuses
all those testimonies claiming that “they never prevented their
Arab workers from speaking their mother tongue, but they just
asked them to speak with low tone”. This reaction was received
in “The Voice of worker Association” in February 11.
Moreover two Arabic partners in this company, Jamel Mahajna
and Adnan Mahajna, called Al-Sinnara and Sawt Al-Haqq Wal-
Hurriya reacting to the workers: “We have 220 Arabic workers
which is about 80% of our workers in the company. We love and
respect them. We do prevent screaming and shouting but we
never prevent them speaking in Arabic.”
“Switching Arabic names to Hebrew names is a slander.” Jamel
claims.
The District Court permits Arabic Advertisings
The District Court in Haifa permits the Arab students in the
“West Galilee College” to advertise in Arabic.
“The College prevented the Arab students from publishing in
Arabic unless translating the whole text to Hebrew”. Sawt Al-
Haqq Wal-Hurriya (Friday 16.)
The students appeal to “The Association for the Right of the
Citizen”.
Mr. Yosseff Jabarin, the Advocate of this association appealed to
the District Court on 1999. (Al-Sinnara, February 13).
Judge Yitzhak Shveli in his decision on Monday to permit Arabic
advertising with a translation of the title only, wrote in his decision:
“the right of speaking and expression must be taken as a primary
right of human being; moreover, publishing an advertising in
Arabic or using the Arabic language can not be used as an excuse
or allegation to prevent the use of Arabic Language”. (Al-Ittihad,
February 13).
The Lack in Arab Special Education System
In our “Weekly Press Review”, No.11 we referred to the lacking
in the system.
1. Specialist teachers.
2. Special schools with special needs
3. Lack of special therapy.
Another petition by “Adalah” – Legal center for Arab Minority
Rights in Israel- and “The Physician Association for Human
Rights” reflected the Arabic press in this week.
Sawt Al-Haqq Wal-Hurriya, Al-Ittihad, Al-Sinnara, and Kull Al-
Arab (Friday 16),
exclaimed that families of Mohammad Jabarin (Umm Al-Fahm),
Ahmad Jabarin (Umm Al-Fahm), Rami Gharra (Jatt), and Mesleh
Abu-Jarad (Der El-Balah),appealed to the Supreme Court in order
to get the autopsy files from “Abu-Kabir” –the Criminal Forensic
Institute-, which were privileged by the police.
Hassan Jabarin, a lawyer from Adalah stressed Morocco on the
importance of this files both to families and to the Investigation
Committee. “Refusing to supply families with this files offend their
dignity and the Martyrs ‘ dignity as well”, Jabarin claimed in his
petition.
Many Arab and Hebrew newspapers this week, chose the bus
attack as their main topic. However just few Arab columns did
react actually to the attack, even if it was mentioned as a topic.
Kull Al-Arab’s front page presents the two sides of the story: The
Azur (a town south to Tel-Aviv) bus attack and a dead teenager
from Gaza. The headline: “Victims here and victims here, but no
solution without an end of the occupation”.
The journalist Kaywan relates this attack to “the murdering of
Massoad Aiad, a Palestinian officer who was murdered at the
same day in Gaza by IDF’s helicopter”.
Hussin Abu-Hussin in his report in Al-Ittihad Friday edition refers
to Israeli law application especially against Israeli Arab Minority
and Palestinians.
Abu-Hussin stresses his point of view by giving different
examples : "Mr. Mawtner, a researcher and lecturer in Haifa
University concluded through his research work that chances of
conviction an Arabic citizen by Israeli court are higher than a
Jewish citizen; moreover, the punishment of Arabic citizen will be
much cruel than of Jewish citizen".
Hussin refers as well to other aspects such as law of Return,
social discriminations such as attending public places or flying with
Israeli flight company, where you are treated as a bomb that
might explode any minute"
(Al-Ittihad- February 16).
The conference, which was held in Ribat-Morocco between 10-
14 February 2001, discussed the Palestinian refuges' issue.
A delegation of Arab organizations participate in this conference.
The conferees explained the importance of keeping the
Palestinians inside Israel as a main part of the refuges' problem".
(Al-Ittihad - February 16).
A delegation of different institutions and human rights
organizations took a part in this meeting.
The main discussion issues: overuse of force by police, occupation
and its effects, property destruction and abusive arrests.
Mohammed Zeidan- director of Arab Association for Human
Rights stated in an interview in Al-Ittihad: "the committee work
was limited in occupied territories since 1967, but due to the fact
and the resemblance of "treatment" of October clashes, we
decided to brought this issue to the committee, in order to be
discussed". (Al-Ittihad, February 16).
Public Committee Against Torture in Israel (PCATI)
Jehard Shuman first report
LAW
Deteriorating conditions at Megiddo Prison