{"id":182172,"date":"2013-02-08T00:00:00","date_gmt":"2019-03-11T21:19:38","guid":{"rendered":"https:\/\/www.un.org\/unispal\/?p=182172"},"modified":"2019-03-11T21:19:38","modified_gmt":"2019-03-11T21:19:38","slug":"auto-insert-182172","status":"publish","type":"document","link":"https:\/\/www.un.org\/unispal\/document\/auto-insert-182172\/","title":{"rendered":"Structural violence in Israel’s military occupation of Pal. territories – HRC 22nd session – NGO statement (Pax Christi International)"},"content":{"rendered":"
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Written statement<\/strong><\/span>*<\/sup><\/strong><\/span> submitted by Pax Christi International, a non-governmental organization in special consultative status<\/strong><\/span><\/p><\/div>\n

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The Secretary-General has received the following written statement which is circulated in accordance with Economic and Social Council resolution 1996\/31.<\/p><\/div>\n

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[8 February 2013]<\/p><\/div>\n

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*This written statement is issued, unedited, in the language(s) received from the submitting nongovernmental organization(s).<\/p><\/div>\n

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The spiral of violence should be broken<\/strong><\/p><\/div>\n

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The Israeli-Palestinian conflict can be identified by a spiral of violence in which it is trapped. The structural violence is the military occupation by Israel over Palestinian Territories, which is marked by violations of International Humanitarian Law and Human Rights Law. Since the Occupied Palestinian Territories (OPT) were seized in 1967, both communities have been consumed by violence.  Both the Israeli army and settlers and Palestinian armed groups commit violence against civilians. The spiral of violence that has engrossed Palestine and Israel for such a long time continues, causing more than physical violence.<\/span>1<\/sup><\/span><\/p><\/div>\n

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Human rights situation<\/strong><\/p><\/div>\n

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Settlements<\/strong><\/p><\/div>\n

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Over the past two years, more than 16,000 new housing units in the OPT have been announced or approved,<\/span>2<\/sup><\/span> and this is only likely to continue. Settlements have been condemned by a large number of nations and country groups.<\/span>3<\/sup><\/span> Israel’s newest expansion of settlements in Palestinian East Jerusalem, following the General Assembly’s vote upgrading Palestine’s UN status, undermines the possibility of resuming peace talks, as well as the feasibility of a two-state solution with Jerusalem as a shared capital.<\/span>4<\/sup><\/span> Israeli settlements remain illegal under international law in terms of The Hague Convention,<\/span>5<\/sup><\/span> the Fourth Geneva Convention,<\/span>6<\/sup><\/span> and UN Security Council Resolutions.<\/span>7<\/sup><\/span> In addition to the illegality and international condemnation of Israeli settlements, many are built on prime agricultural land or key water resources, such as the Western Aquifer basin, springs, and wells, thus denying the Palestinian people access to these resources and infringing their right to self-determination.<\/span><\/p><\/div>\n

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Water<\/strong><\/p><\/div>\n

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A significant number of most Israeli settlements are built on hilltops above Palestinian communities, resulting in wastewater being discharged into valleys without treatment. Solid waste generated in Israel is dumped without restriction in the OPT. For example, waste from West Jerusalem is transferred to an unsanitary West Bank dumping site at Abu Dis, which overlays the infiltration area of the Eastern Aquifer. Since the Israeli occupation began in 1967, the demand for water in the OPT has risen greatly. The World Health Organisation recommends a minimum of 100 litres of water per person per day (PPPD). Israeli West Bank settlers consume over 280 litres PPPD while West Bank Palestinians consume a mere 86 litres, only 60 of which are considered potable.<\/span>8<\/sup><\/span> Israel’s determination to control shared water resources has benefitted them greatly.<\/span>9<\/sup><\/span><\/p><\/div>\n

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Israel has worked to manipulate the law to benefit its citizens with neglect toward Palestinian well-being, which violates international humanitarian law. Due to a 1995 agreement with Israel, the PNA is only able to use 20% of all underground and surface water resources in the West Bank, leaving 200,000 West Bank Palestinians with no access to water networks. These citizens are required to travel to the nearest water source and pay excessively, while the ability to reach said sources is obstructed due to movement and access restrictions, such as checkpoints and the separation barrier.  As party to the International Covenant on Economic, Social and Cultural Rights, Israel is blatantly violating the requirements as laid out by the UN Committee on Economic, Social and Cultural Rights.<\/span>10<\/sup><\/span><\/p><\/div>\n

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The separation barrier (wall)<\/strong><\/p><\/div>\n

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On 9 July 2004, the International Court of Justice issued an <\/span>advisory opinion<\/a> stating that Israel’s construction of a barrier in the Occupied Territory is illegal and must stop immediately, and Israel should also make reparations for any damage caused.<\/span>11<\/sup><\/span> This nonbinding opinion by the Court has had no impact on Israel’s actions. Israel continues to construct the separation barrier, despite clear violation of United Nations Resolutions.<\/span>12<\/sup><\/span> In addition to violating international humanitarian law, the separation barrier infringes on the human rights of Palestinians. The freedom of movement<\/span>13<\/sup><\/span> is being violated as the barrier restricts the access for Palestinians to extensive parts of the West Bank and East Jerusalem. The restriction of freedom of movement has also interfered with other rights: the right to health, the right to a family life, the right to education. In addition to movement, Palestinians’ rights to: (a) own property; (b) to a livelihood and adequate standard of living; (c) to equality; and (d) to self-determination have been infringed by Israel.<\/span>14<\/sup><\/span><\/p><\/div>\n

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Right to labour<\/strong><\/p><\/div>\n

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In an attempt to combat illegal foreign workers in Israel, the Israeli government has enforced tougher visa restrictions, causing international NGO workers and investors difficulty in entering the OPT and from receiving work visas, severely weakening Palestinian economic growth by blocking foreign investment.<\/span>16<\/sup><\/span> Many areas within Israel are dependent on illegal Palestinian labour to fill construction jobs,<\/span>17 <\/sup><\/span>yet these illegal workers are often subject to exploitation and abuse.<\/span>18<\/sup><\/span> Recently, Israel has granted Palestinian spouses of Israeli citizens work permits and has agreed to issue more permits, showing some flexibility.<\/span>19 <\/sup><\/span>Despite this, there remain strict measures in place on the employment of Palestinian workers, including security clearance, barrier inspection, and denial of entry. Israel has human rights obligations to citizens of the OPT, but they are currently violating their right to labour. <\/span><\/p><\/div>\n

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Palestinian prisoners<\/strong><\/p><\/div>\n

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Since the successful bid of the Palestinian National Authority to obtain a non-member observer status at the UN in November 2012, Israel has increased detentions of West Bank Palestinians.<\/span>20<\/sup><\/span> As of November 2012, there were an estimated 4,432 prisoners, from all social classes of Palestinian society, spread throughout seventeen detention centres and jails.<\/span>21<\/sup><\/span> Palestinian prisoners suffer from attacks that involve extensive searching, punishment, and frequent prison transfers without families being notified. In Israel, a common criminal has the right to make phone calls to their families and lawyers; however, Palestinian “‘security prisoners’” are not entitled to this right.<\/span>22 <\/sup><\/span>Israeli security forces increasingly detain children under the age of 18, yet neglect to inform their families of their exact location.<\/span>23<\/sup><\/span> Child prisoners are often held in solitary confinement, which can inflict mental damage.<\/span>24<\/sup><\/span> Palestinian prisoners are denied medical and dental services, despite some families of Palestinian prisoners offering to pay for services.<\/span>25<\/sup><\/span> Approximately 1,200 out of 4,600 total prisoners suffer from diseases due to medical negligence.<\/span>26<\/sup><\/span><\/p><\/div>\n

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Freedom of association and expression<\/strong><\/p><\/div>\n

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Until the establishment of the Palestinian Authority, civil society organisations played a vital role in initiating democratic and developmental debate. Civil society has the ability to drive change; the challenge is for them to present an alternate discourse to the state’s dominant one, but they use their resources to address the consequences of the violence.<\/span>27<\/sup><\/span> Palestinian civil society is influenced by three primary factors that have worked to hinder their power and influence while limiting their impact on the conflict.<\/span>28<\/sup><\/span> In December 2012, three civil society organisation offices in Palestine were raided by Israeli military forces.<\/span>29 <\/sup><\/span>These attacks were not only targeted on specific organisations; they were an attack on Palestinian civil society as a whole. Israel publicly displayed their ability to attack whenever and whomever they want.<\/span>15<\/sup><\/span> and from receiving work visas, severely weakening Palestinian economic growth by blocking foreign investment.<\/span>16<\/sup><\/span> Many areas within Israel are dependent on illegal Palestinian labour to fill construction jobs,<\/span>17<\/sup><\/span> yet these illegal workers are often subject to exploitation and abuse.<\/span>18<\/sup><\/span><\/p><\/div>\n

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Recommendations<\/strong><\/p><\/div>\n

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Pax Christi International urges the Human Rights Council to take a close look at the serious human rights violations being committed in the conflict between Israel and Palestine. Although Israel has the upper-hand in the conflict, and as the occupying power is subject to additional obligations under international humanitarian law, both parties have violated international law on multiple occasions. Pax Christi International calls upon the HRC to address the issues of visas, prisoners, civil society, settlements, water, and the separation Wall in an effort to achieve a peaceful solution. Both parties must be held accountable for their actions, which violate international law. <\/p><\/div>\n

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Pax Christi International calls on the Human Rights Council to:<\/p><\/div>\n