Israel: Open letter: Restrictions of movement of defenders in the Palestinian Occupied Territories

Open letter
To Mr. Ariel Sharon, Prime Minister of Israel

Paris-Geneva, July 22, 2005

Mr. Prime Minister,

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), would like to express its deepest concern about the restrictions of movement imposed on human rights defenders in the Palestinian Occupied Territories.

In particular, the Observatory has been informed by the Palestinian Centre for Human Rights (PCHR) that Mr. Khalil Abu Shammala, Director of the Al Dammeer Association, a Palestinian human rights NGO, was denied access to pass through the Rafah international crossing point by the Israeli Defence Forces (IDF) on June 23, 2005.

According to the information received, Mr. Khalil Abu Shammala was on his way to Cairo to provide testimony before the United Nations Special Committee to Investigate Israeli Practices when Israeli security forces prevented him from passing and held him for seven hours. They finally told him without providing any reasons that he was not allowed to travel.

It is the third time that Mr. Abu Shammala is prevented from travelling through Rafah international crossing point, which is the only access point to leave Gaza Strip. On March 11 and 13, 2005, the Israeli security prevented him from attending a workshop organised by Responding to Conflict, an NGO providing advice, training and support to people who are working for peace, development, rights and humanitarian assistance in societies affected by conflicts, in Jordan. After enquiries among the Knesset members, he was told by Mr. Ramadan Bar, Assistant of the Defence Minister, that he was not allowed to travel for security reasons.

Mr. Abu Shammala, who specifically works on prisoners issues, is permanently banned from leaving the Gaza Strip. He has not been able to travel abroad for more than one year. Moreover, his case is not isolated with respect to the restrictions of movement imposed on human rights defenders in the Territories. The increasing number of checkpoints, the building of the “Separation Wall”, and administrative measures imposed by the Israeli Defence Forces, are a severe hindrance to their work.

In this regard, the Observatory recalls that in August 2004 Mr. Rami Abu Shabban, PCHR Accountant, was prevented from travelling to Dublin to participate in a training course on “accountancy for NGOs” due to a complete closure of Rafah international crossing point. Moreover, in March 2004, Mr. Sha’wan Jabarin, head of the legal department of Al-Haq, a Palestinian NGO, was not allowed to travel to Lebanon to attend a meeting jointly held by the Euro-Mediterranean Human Rights Network (EMHRN), the Cairo Institute for Human Rights and the FIDH. On June 30, 2004, Israeli forces placed a


ban on Mr. Jabarin, preventing him from attending a one-year course at the Galway Institute. He was finally allowed to travel after Al-Haq announced that they would bring the case before the Supreme Court. In July 2004, Mr. Hanny Abu Nahalla, a PCHR member, was also banned from travelling to Strasburg to attend a seminar on the protection of human rights, organised by the International Human Rights Institute, as the Israeli authorities refused to grant him the coordination approval (See Observatory Annual Report 2004). Moreover, from November 26, 2002 on, BT’Selem fieldworkers in Gaza tried to obtain a permit to enter Israel which was finally delivered at the end of 2004, two years later.

The Observatory recalls that these restrictions on freedom of movement of Palestinian and Israeli human rights defenders contravenes the provisions of the Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, in particular its article 5(c), which states that “for the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels: (c) To communicate with non-governmental or intergovernmental organisations” and its article 12 (1), which provides that “everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms”.


The Observatory strongly urges the Israeli authorities to:

• Ensure Mr. Khalil Abu Shammala’s freedom of movement, as well as of all human rights defenders in general, in and outside the Palestinian Occupied Territories ;
  
  
• Adopt immediate measures to put an end to all forms of harassment against human rights defenders, and guarantee in all circumstances that human rights defenders and organisations are able to carry out their work, including through participation in international human rights events;
  
  
• Conform with the provisions of the Declaration on Human Rights Defenders, in particular its article 1, which states that “everyone has the right, individually or in association with others, to promote the protection and realisation of human rights and fundamental freedoms at the national and international levels”, and above-mentioned articles 5(c) and 12(1);
  
  
• Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Israel.
  

In the hope you will take these requests into account,

Yours sincerely,


Sidiki KABA
President of FIDH

Eric SOTTAS
Director of OMCT