Country Report on Human Rights Practices for 1988
THE OCCUPIED TERRITORIES
The West Bank, East Jerusalem, the Golan Heights, and the Gaza
Strip are areas occupied by Israel in the 1967 war which remain
under Israeli occupation. The West Banx and Gaza continue
under military government; Israel has unilaterally annexed East
Jerusalem; and it has extended its civilian law, jurisdiction,
and administration to the Golan Heights.
The United States considers Israel's occupation to be governed
by The Hague Regulations of 1907 and the 1949 Fourth Geneva
Convention Relative to the Protection of Civilian Persons in
Time of War. Israel denies the applicability of the Fourth
Geneva Convention to the West Bank and Gaza, but states that
it observes the Convention's humanitarian provisions in those
areas. Israel applies Jordanian law in the West Bank and
British mandate law in Gaza, as well as its own military
orders which have changed these laws significantly.
The Israeli Ministry of Defense, which is responsible for the
government of the occupied territories, functions through a
civil administration (CIVAD) under the Defense Ministry.
Personnel from the Israeli Defense Forces (IDF), the National
Police, the Internal Security Service (Shin Bet) , the Border
Police, Israeli Civilian Ministries, and Palestinian employees
participate in this apparatus. There are no Palestinian
elected political bodies above the municipal level. Municipal
elections, last held in 1976, were discontinued, and many
elected officials were later removed or deported for alleged
security reasons.
This report differs from many others in this compilation
because of the greater detail available on the situation in
the occupied territories by virtue of Israel's open and
democratic society. The human rights situation described in
this report also differs from all others in this compilation
in that most of the occupied territories remain after 21 years
under military government, and are, therefore, subject in part
to military law. That circumstance, in turn, was one of the
consequences of the 1967 war between Israel and its neighbors.
Since 1948 only Egypt has concluded a peace treaty with Israel
(1979), as a result of which Israel withdrew from the Sinai
Peninsula. Although the Chairman of the Palestine Liberation
Organization (PLO), which most Palestinians support, has
stated that his organization recognizes Israel's right to
exist and renounces terrorism, there are Palestinian factions
which have not done so. The PLO has called for the uprising
in the West Bank and Gaza to continue, and the future status
of the occupied territories is now the central issue in the
Arab-Israeli conflict.
Civilian unrest, reflecting Palestinian opposition to the
occupation, has resulted in a number of outbreaks of violence
during the last 21 years, which in turn have led periodically
to sharp crackdowns by Israeli military forces. Beginning in
December 1987, the occupation entered a new phase, referred to
as the intifada, when civilian unrest became far more
widespread and intensive than at any time heretofore. The
active participants in these civil disturbances were primarily
young men and women motivated by Palestinian nationalism and a
desire to bring the occupation to an end. They gathered in
groups, called and enforced strikes, threw stones and firebombs
at Israeli security forces and civilian vehicles, or erected
barricades and burned tires so as to interfere with traffic.
The Israeli Government has regarded the uprising as a new
phase of the 40-year war against Israel and as a threat to the
security of the State. The Israeli Defense Forces, caught by
surprise and untrained and inexperienced in riot control,
responded in a manner which led to a substantial increase in
human rights violations.
The West Bank (including East Jerusalem) had been annexed by
Jordan in 1950. Even after the occupation of these areas by
Israel in 1967, Jordan considered them its territory,
recognized Palestinian residents of these areas as citizens of
Jordan, and continued to provide financial support to the West
Bank. Israel tacitly accepted these arrangements. A marked
change occurred, however, in July 1988, when King Hussein
announced a significant reduction in administrative and
financial support for the West Bank and Gaza. Since July the
Israeli Government has taken additional steps to deny the PLO
access to the territories and to crack down harder on
expressions of Palestinian nationalism.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political Killing
Political killing is not condoned by Israel and is not
practiced by the Israeli Government in the occupied
territories
.
In hundreds of confrontations between IDF troops and
Palestinians throwing stones or Molotov cocktails or engaging
in other forms of disorder, however, the IDF frequently
responded with gunfire in which casualties resulted. Precise
figures on casualties are not available and estimates vary
depending on the source and counting criteria. Figures
compiled from press, Palestinian, and Israeli government
sources indicate that 366 Palestinians were killed in 1988 as
a result of the uprising, most of them by the IDF, some by
Israeli settlers. Thirteen Palestinians were killed by other
Palestinians for suspected collaboration with Israeli
authorities. Over 20,000 Palestinians were wounded or injured
by the IDF. Eleven Israelis have been killed in the intifada.
According to IDF statistics, approximately 1,100 Israelis have
been injured.
Most Palestinian deaths resulted from the use of high
velocity, standard service round bullets by the IDF during
attempts to halt incidents involving stones, firebombs, or
fleeing suspects. According to IDF regulations, live fire is
permitted when soldiers' lives are in real and immediate
danger. Only a specific attacker may be shot at; fire is to
be directed at legs only; and it may be used against fleeing
suspects only if a serious felony is suspected and as a last
resort. Soldiers may fire only after exhausting all other
means—including tear gas, rubber bullets, and warning shots.
These guidelines were often not followed. Soldiers frequently
used gunfire in situations that did not present mortal danger
to troops, causing many avoidable deaths and injuries.
In September IDF policy was changed to allow the firing of
plastic bullets in order to stop demonstrations or instigators
of demonstrations in situation that do not threaten the lives
of security forces and to increase injuries. The IDF claims
plastic bullets are less lethal than lead bullets. While no
precise figures are available, several deaths were attributed
to plastic bullets, and nonlethal casualties increased after
they were introduced. Other fatalities included at least 13
reported deaths by beating and at least 4 deaths from tear gas
used by the IDF in enclosed areas. Exact figures are
unavailable and estimates vary. There have been reports of
several instances in which Palestinian wounded died because of
IDF delays of ambulances or because, for whatever reason,
there were delays in moving the wounded to a hospital. There
were five cases in 1988 in which unarmed Palestinians in
detention died under questionable circumstances or were
clearly killed by the detaining officials.
Israeli authorities in some cases prosecuted or took
disciplinary action against security personnel and settlers
who killed Palestinians in violation of regulations. However,
regulations were not rigorously enforced; punishments were
usually lenient; and there were many cases of unjustified
killing which did not result in disciplinary actions or
prosecutions
.
b. Disappearance
Israel does not sponsor or condone disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Torture is forbidden by Israeli law, and Israeli authorities
claim they do not condone it. In 1987 the report of a special
judicial commission headed by ex-Supreme Court President Landau
confirmed that the Shin Bet had for many years illegally used
physical and psychological pressure to obtain confessions from
security suspects. The report recommended that limited and
clearly delineated "physical and psychological pressure"
(which it defined in a secret annex) should be allowed to be
applied in appropriate circumstances. Reports of beatings of
suspects and detainees continue, as do reports of harsh and
demeaning treatment of prisoners and detainees. Palestinians
and international human rights groups state that other
practices, including forcing prisoners to remain in one
position for prolonged periods, hooding, sleep deprivation,
and use of cold showers have continued since the Landau
report. Many convictions in security cases are based on
confessions. Attorneys are normally not allowed to see
clients until after interrogations are completed. The
International Committee of the Red Cross is allowed access 14
days after arrest.
Since the uprising began in December 1987, the number of
Palestinian prisoners has risen from about 4,700 to about
10,000. According to IDF figures released November 28, 5,656
Palestinian were being held in prisons or detention centers.
Seven military detention centers were added to two existing
facilities, but there is serious overcrowding. Conditions at
military detention facilities vary. Abuse of prisoners was
particularly severe at the new facility at Dahariya, but
conditions there improved after personnel changes were
effected and disciplinary measures were taken. There was
widespread beating of unarmed Palestinians in early 1988 in
uprising incidents and of persons not participating in violent
activities. On January 19, the Minister of Defense announced
a policy of "force, might, and beatings" to put down the
uprising. He later said there was no policy of "beating for
beating's sake" and that some soldiers were exceeding orders.
Nevertheless, in late January and February Palestinian and
foreign physicians, human rights organizations, and the
international and Israeli press reported widespread incidents
in which IDF troops used clubs to break limbs and beat
Palestinians who were not directly involved in disturbances or
resisting arrest. Soldiers turned many people out of their
homes at night, making them stand for hours, and rounded up
men and boys and beat them in reprisal for stone-throwings
.
At least 13 Palestinians have been reported to have died from
beatings. By mid-April reports of deliberate breaking of
bones had ended, but reports of unjustifiably harsh beatings
continued. The Attorney General of Israel criticized this
policy and declared it illegal.
IDF personnel are subject to discipline for violating
procedures in beating cases. Four such cases have been
publicized. A total of 66 soldiers have been accused of
abuses in connection with their service in the occupied
territories. Of these, 36 were convicted and sentenced, 2
were acquitted, and 28 are awaiting trial. Those convicted
received light punishment ranging from suspended sentences to
imprisonment for 2 1/2 months.
d. Arbitrary Arrest, Detention, or Exile
Thirty six Palestinians were deported in 1988, compared to
nine in 1987. These deportations contravene the Fourth Geneva
Convention in the view of the United States. The Israeli
Supreme Court has disagreed in a formal decision..
The use of administrative detention greatly increased in
1988. While the peak number of administrative detainees at
any one time is uncertain, the number was 2,600 in September
1988. As of November 28, Israeli government figures put the
number at 1,590. Most were detained for 6 months, although 20
percent of detention orders were renewed. Administrative
detentions are ordered by district military commanders. In
March regulations were changed to suspend temporarily the
automatic review of administrative detention after 96 hours,
as formerly required, although a detainee may appeal to a
military judge. Secret evidence is often used as grounds for
administrative detention, and it is not made available to
detainees and their lawyers on grounds that confidentiality is
required for security reasons. Such rulings can be appealed
to the High Court, which has the right to review the secret
evidence, but there have been no reversals. According to the
IDF, as of early October 1988 there were 587 cases in which
detention periods had been shortened or canceled.
Israeli authorities maintain that administrative detention is
used only against persons recently and repeatedly engaged in
actions threatening security, and that political views and
activities are not grounds for detention. However, Israel
defines "security" very broadly, and in many cases individuals
appear to have been detained for political activities which
the authorities regard as a security threat. Many
individuals, including academics, journalists, and human
rights workers, who have not engaged in or advocated violence
or other acts threatening security, have been detained,
including many members of "popular committees," banned
organizations which support the uprising in various ways,
including nonviolent activities. Israeli officials have
confirmed that in some instances, release of a detainee
depends upon the behavior of the people in the area where the
detainee lives
.
Since March the IDF moved over 2,000 administrative detainees
at various times from the occupied territories to a detention
camp in the Negev desert near Ketziot inside Israel. At its
maximum in 1988, the camp held nearly 3,000 detainees but by
the end of 1988 the number had dropped to approximately
1,200. Transferring prisoners from occupied territories, in
the view of the United States, contravenes the Fourth Geneva
Convention. However, the Israeli Supreme Court, in dismissing
a petition brought by Ketziot detainees, held the Convention's
provisions could not be enforced by an Israeli Court since
they have not been incorporated into domestic Israeli law.
The Court held, on the basis of a 1988 order relating to
military detention and a section of a 1987 law amending and
continuing emergency regulations, that Israeli military
commanders were empowered to order detention inside Israel
proper and that detainees may be held in Israel if the order
is issued in Israel. Conditions at Ketziot are rigorous and
there is overcrowding. Prisoners are reguired to live in
tents not designed for extended periods of confinement.
Persons arrested for common crimes in the occupied territories
are usually provided the opportunity for bail, access to an
attorney, and a statement of charges, although these rights
are sometimes delayed. Individuals may be held in custody
without a warrant for 96 hours, and may be held without formal
charges for up to 18 days. The normal detention period after
charges are filed is 60 days before trial. A High Court judge
may approve 3 months extensions.
Security detainees are usually not allowed bail and are
usually denied access to counsel for 18 days. Access may be
denied indefinitely for security reasons if officials believe
granting access would impede the investigation. Many security
suspects are arrested without warrants. The law permits this
for up to 96 hours. Officials at times have declined to
confirm detentions to consular officers who have inguired on
behalf of nationals of their countries. Denial of notification
of arrest to third parties, including immediate family members,
is common and under the law can be extended for up to 14 days.
Section 78(D) of Military Order 1220 of March, 1988, permits
incognito detention for a period of 8 days if a court order is
obtained. Despite improvements in record keeping, the
authorities had difficulty keeping track of all detainees. At
times families of some detainees did not know if or where
relatives were being held. Detainees are often not told the
reasons for their detention.
The IDF greatly expanded the use of curfews, including
confinement to houses, in Palestinian areas where violence had
erupted, or where the authorities believed there was potential
for violent protests. Curfews, often prolonged, caused severe
hardship to all residents.
e. Denial of Fair Public Trial
Palestinians accused of nonsecurity offenses are tried
publicly in local courts by Palestinian judges, except when
jurisdiction has been transferred by military order.
Palestinians accused of security offenses, which are loosely
defined under Israeli law, are normally tried in Israeli
military courts and are entitled to counsel. Charges are
brought by military commanders. In 1988, because of the large
number of uprising-related security offenses, the military
courts were heavily overburdened with thousands of cases,
resulting in long delays before trial. Most military trials
are public, though access is controlled and is limited in some
cases; defense attorneys are always present. Consular
officers are allowed to attend military court proceedings
involving foreign citizens, but there have been delays in
gaining admission. Palestinian minors are treated as adults
in security offenses. Acquittals are rare in security cases.
The great majority of convictions in military courts are based
on confessions. These are recorded in Hebrew, which many
defendants are unable to read. There are numerous affidavits
that confessions are often obtained by physical and
psychological coercion. The 1987 Landau Commission report
confirmed such practices on the part of the Shin Bet, as well
as systematic perjury before the military courts. There is no
appeal of military court verdicts to the Supreme Court, except
on broadly interpreted procedural grounds, although the area
commander may commute a sentence. The Ministry of Defense has
ordered the establishment of a military appeals court by
January 1, 1989. Nonjudicial administrative orders of the
military government may be appealed to area military commanders
and to the Supreme Court. The court almost never reverses
CIVAD or military orders when security is the rationale.
Most Israeli residents of the occupied territories accused of
security and ordinary offenses are tried in the nearest
Israeli district court under Israeli law. These courts are
presided over by professional judges, and standards of due
process and admissibility of evidence are stricter than in
military courts.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
Military authorities may enter private homes and institutions
without a warrant in pursuit of security objectives. In 1988
forced entries often resulted in beatings and destruction of
property, as well as arrests. Security officials frequently
questioned Palestinians about their political views, and such
interrogation in some cases involved short-term detention.
At least 154 houses of Arabs were demolished or sealed for
security reasons, affecting over 1,000 people. Of the 154,
101 were totally demolished, 7 partially demolished, 43
totally sealed, and 3 partially sealed. Israeli authorities
took these actions after the occupants were accused of
involvement in security incidents, but prior to trial and
conviction. Demolitions sometimes cause inadvertent damage to
neighboring houses. The decision to demolish or seal a house
is made by the area military commander. In the West Bank
village of Beita in April, the IDF demolished 16 houses before
obtaining the legally required orders. Twelve of the house
owners have accepted the CIVAD" s offer of compensation ranging
from 10 to 100 percent. The other four are continuing
negotiations. The occupants, who are often served with the
demolition order only hours before it is to be carried out,
have no right of appeal. If they learn of the order in time,
they can apply to the High Court for an injunction. In 1988
the court granted temporary injunctions, but overturned no
orders. Owners are not allowed to rebuild their homes without
a permit, making the punishment one of indefinite duration.
House demolition as punishment of families is enforced only
against Arabs in the occupied territories. It contravenes the
Fourth Geneva Convention in the view of the United States.
The Israeli Supreme Court has held it is lawful under proper
circumstances
.
Mail and telephone conversations in the West Bank, Gaza and
East Jerusalem are sometimes monitored. In April, Israel cut
off international telephone service for Palestinians in the
West Bank and Gaza, citing security reasons. The Supreme
Court upheld the order. Individuals may appeal to the
military commander for special permits for telephone service.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
As part of the effort to halt the uprising, the Israeli
authorities imposed increasing restraints on freedom of
expression and press in 1988, citing security reasons.
Palestinians believe that these restraints are arbitrary and
politically motivated. The international law of occupation
permits an occupying power to restrict freedom of expression
and the press. Some criticism of Israeli policies by the
Arabic press, most of which is located in East Jerusalem, was
allowed. On at least three occasions there was a temporary
ban on the distribution of East Jerusalem's Arab press in the
West Bank and Gaza. Palestinian publications are required to
submit to the military for precensorship all copy relating to
the security, public order, and safety of Israel and the
occupied areas. In practice, this requirement is very broadly
defined. Some reports and editorials related to the uprising
and Palestinian political goals were permitted, but censorship
increased, and hundreds of articles and editorials were
expurgated. Israeli authorities administratively detained at
least 39 Palestinian journalists and editors for alleged
security reasons, and numerous others were interrogated. The
major Palestinian news agency was closed for 6 months in
March, and the order was extended for 1 year in September. An
Arabic news magazine was closed indefinitely, and all four
Arabic dailies were banned at least once from distribution in
the West Bank and Gaza for periods of up to 45 days.
A permit is required for publications imported into the
territories. Imported materials may be censored or banned for
anti-Semitic or anti-Israel content or support for Palestinian
nationalism. Possession of banned materials, such as uprising
leaflets, is outlawed. The IDF periodically declared the
occupied territories or certain areas closed in order to
exclude local and international journalists; IDF personnel in
the territories often issued such orders on the scene to bar
access by journalists. Reports by foreign journalists are
subject to censorship under a system of self-regulation.
Israeli authorities temporarily suspended the credentials of
five foreign correspondents for alleged violations of
censorship regulations.
Israeli authorities closed all Palestinian universities in the
West Bank and in Gaza all year for alleged security reasons on
grounds that they were contributing to violence. All
vocational, secondary, and elementary schools in the West Bank
had been closed for over 6 months, the major part of two
semesters, but began to reopen on December 1. Schools in Gaza
were open for most of the school year. Alternate, off-campus
classrooms organized by parents and teachers were sometimes
banned on security grounds. Displaying the Palestinian flag
or its colors or Palestinian nationalist slogans is proscribed,
as is publicly expressing support for the PLO. Individuals
have been detained, or beaten, or forced to take down flags
and erase nationalist graffiti. Property owners can be fined
for not removing graffiti. At present, it appears that no one
has been charged with a crime for this offense. The IDF
spokesman has stated that displaying flags or possessing
nationalist literature, including intifada leaflets, can be
construed as membership in a popular committee, an offense
punishable by up to 10 years in prison. There have been no
known prosecutions for this offense.
b. Freedom of Peaceful Assembly and Association
Political parties and other groups viewed as primarily
political are not permitted. Public meetings of more than 10
people require permission. Palestinians often ignore this,
but various meetings were broken up or prevented by the IDF.
In 1988 public services by municipalities and the civil
administration were curtailed by a sharp decline in tax
revenues caused by strikes, a tax boycott, and economic
dislocations related to the uprising. As a result,
Palestinian charitable, community, professional, and self-help
organizations assumed greater roles to provide alternate
services. Israeli authorities took increasingly strict
measures to curb such organizations because of concern they
were supporting the uprising and the PLO and encroaching on
municipal and CIVAD authority. Activities banned included
home classes organized because of forced school closures and
relief to families with relatives killed, injured, or detained
in the uprising. Individuals involved in such activities were
sometimes placed in administrative detention, interrogated, or
denied permission to travel on grounds they were supporting
the uprising. The Association for Defense of Civil Rights in
Israel expressed concern over a military order banning
"popular committees," local organizations which support the
uprising in various ways, including nonviolent activities.
The Federation of West Bank Professional Unions was closed for
a year, for alleged security reasons.
c. Freedom of Religion
Freedom of religion exists in the occupied territories. No
group or sect is banned on religious grounds. Muslim and
Christian holy days are freely observed. Both faiths operate
various private schools and institutions. Religious
publications circulate freely. Israel protects Muslim and
Christian holy places and assures freedom of access. Security
forces entered the Haram Ash-Sharif, sacred to Muslims, once
in 1988 to break up demonstrations. Tear gas was fired into
the Al-Aqsa mosque once, but security forces largely restricted
their activities to monitoring access of worshipers to the
area. Israel facilitates travel into Jordan for Muslim
pilgrims to Mecca by expediting exit clearances and extending
hours of bridge operation.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Freedom of movement was restricted periodically in the West
Bank and Gaza by scores of IDF curfews (the Palestinian legal
rights organization al-Haq estimates as many as 1,600), which
were often prolonged to discourage protest activities.
Durations of curfews ranged from a few hours to several weeks.
During prolonged curfews, with one week-long exception, people
were usually allowed to leave their houses to obtain food and
medical care for short, defined periods. Curfews caused
severe hardship.
On at least three occasions, the IDF issued orders, blockaded
villages for long periods, or took other measures to prevent
farmers and merchants from harvesting and selling produce or
exporting it to Jordan. Israeli authorities asserted that the
measures were taken to persuade residents to stop stone
throwing and other uprising activities or to reveal the
whereabouts of suspects.
Approximately 100,000 Palestinians in the West Bank and Gaza
travel daily to work in Israel. Workers need permits to stay
overnight, but this requirement is not always enforced. Many
workers stayed home during general strikes called by the
uprising leadership, some because of coercion, but in most
cases voluntarily.
Thousands of Palestinians in the territories travel abroad
each year, but Israeli authorities imposed increasing
restraints on travel in 1988. Some political activists were
forbidden to travel abroad by military commanders' orders or
faced delays in obtaining exit visas or laissez passers.
There are no obstacles to emigration. Israel sometimes
refuses to renew laissez passers of Palestinians from the
territories who live or work abroad, on the ground that they
have abandoned their residence, although they may not have
acquired foreign citizenship. Those who obtain foreign
citizenship are ordinarily not allowed to resume residence in
the occupied territories. They are permitted to return as
tourists only, and sometimes are denied entry entirely.
Enforcement of the 3-month limit for tourist visas for stays
by Palestinians appears to be ad hoc. Requests for family
reunification are granted only on a restricted basis. Persons
who marry Palestinians in the occupied territories generally
are not allowed to take up residence there. Entry or
residency permission is frequently denied spouses, relatives
and children, following the emigration of the head of the
household. Israel has also denied the return of many former
West Bank Palestinians who were not present in the territories,
for whatever reason, at the time of the 1968 census conducted
after the June War. Palestinians claim many thousands of
family reunification requests are pending. According to the
Government of Israel, in 1988, 300 applications for family
reunif ications were approved, involving 607 people. Israeli
officials acknowledge that family reunification is limited for
demographic and political reasons and assert that the laws of
occupation do not require Israel to permit immigration into
the territories. Restrictions on residence, reentry, and
family reunification do not apply to Jews, whether or not they
are Israeli citizens.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The West Bank and Gaza are ruled under occupation by the
Israeli Ministry of Defense through a military governor and
civil administration. Palestinians are not permitted to
participate in significant public policy decisions concerning
land and resource use and planning, taxation, trade, and
industry. Municipal elections were last held in 1976, and
various mayors were dismissed thereafter on security grounds.
Only four elected mayors remain. In 1985 Israel appointed
Palestinians to fill vacancies, but some have resigned or
ceased working because of the uprising, and, in some cases,
threats from Palestinians. There was an attempt to
assassinate one appointed mayor in 1988. No Palestinian
political parties or overtly political organizations are
permitted.
Jerusalem is governed as part of Israel. Arab residents of
East Jerusalem are permitted to vote in municipal elections;
about 20 percent voted in 1983.
As a result of King Hussein's July 1988 announcement. West
Bank Palestinians lost representation in Jordan's Parliament.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
Israel normally permits international human rights groups to
visit the occupied territories. It states that it cooperates
with a number of such organizations, and officials are
generally available for meetings with international
organizations on human rights issues. However, those
organizations often consider Israel's responses to be
inadequate, not all inquiries receive answers, and some
groups' requests for meetings with officials or access to
detention facilities have been denied.
The Government of Israel stepped up pressure on indigenous
human rights organizations in 1988. Five field workers of Al
Haq, a Palestinian legal rights organization, either were
detained administratively or had detention orders renewed. In
addition, two members of the Palestinian Human Rights
Information Center and two Gaza human rights lawyers were
detained.
Many local groups, Israeli and Palestinian, are concerned with
human rights. Their publications and statements are generally
allowed to circulate in the occupied territories.
Coordination between Arab and Israeli human rights groups
continued to grow in 1988.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
Jewish settlers in the occupied territories are subject to
Israeli law while Palestinians are subject to Israeli military
occupation law. Under the dual system of governance applied
to Palestinians and Israelis, Palestinians are treated less
favorably than Jewish settlers in the same areas on a broad
range of issues, such as the right to legal process, rights of
residency, freedom of movement, sale of crops and goods, land
and water use, and access to health and social services.
Jewish settlers involved in security violations have generally
been treated more leniently than Palestinians guilty of similar
offenses. Crimes against Israelis are often prosecuted more
vigorously than offenses against Palestinians. In June the
Supreme Court upheld Israel's authority to deny residency to
and deport a Palestinian political activist, born in East
Jerusalem, who had acquired foreign nationality. Jews retain
residency rights under the Israeli law of return, regardless
of having acquired foreign nationality.
The use of land by Israeli authorities for military purposes,
roads, settlements, and other Israeli purposes which restrict
access by Palestinians, discriminates against Palestinians and
adversely affects their lives and economic activities.
Approximately 2.5 percent of the total area of the West Bank
and East Jerusalem has been turned over to Israeli nationals
for residential, agricultural, and industrial use by settlers.
Palestinians do not participate in the Higher Planning Council,
which plans land use in the territories and exercises certain
powers transferred from local, municipal, and village councils
in 1971.
Israel funds basic services for Palestinians, primarily from
tax revenues collected in the occupied territories. In 1988
revenues dropped sharply because of the economic disruption of
the uprising and a Palestinian tax boycott. As a result,
Israel announced cutbacks in regular services to Palestinians.
In July fees at government hospitals for Arabs in the
territories were doubled, and referrals to Israeli hospitals
were curtailed. Israeli settlers have ready access to Israeli
hospitals. Palestinians and persons of Arab descent entering
Israel at the airport or the West Bank at the Jordan River
bridges, regardless of citizenship, are subject to extensive
searches, and many complain of harsh or humiliating treatment.
Israel limits funds visitors may bring into the occupied
territories for Palestinian use to $1,100 per person every 2
months unless Israeli authorities grant permission in
advance. Arab residents of the territories returning from
travel may bring in amounts over $550 only with advance
permission. Undeclared funds were frequently seized from
Arab-Americans at points of entry and confiscated.
Restitution is taking place. There is no limit on funds for
Israeli use.
Section 6 Worker Rights
The applicable sections for West Bank and Gaza Palestinians
working in Jerusalem and Israel are contained in the country
report for Israel. Palestinian residents of Jerusalem have
the same rights and are governed by the same law as workers in
Israel
.
a. The Right of Association
Palestinians working in the West Bank are covered by the 1960
Jordanian labor law, which permits any group of 20 or more in
a single trade or establishment to form a union. In 1988
approximately 100 unions functioned in the West Bank; of
these, 31 were licensed by the Israeli Civil Administration.
Many are affiliated with one of three umbrella federations.
Any person can hold union office who has not been convicted of
a crime. West Bank unions must submit lists of candidates to
the CIVAD 30 days before elections; a candidate convicted of a
political offense may be banned from running for office.
Similar rules apply in Gaza.
In 1988 Israeli authorities, citing security concerns,
actively discouraged union activities in the West Bank.
Israeli authorities state that the West Bank umbrella
federations and many individual unions are fronts for illegal
political organizations rather than trade unions. Israel
claimed that no legitimate union activities were disrupted,
and that its actions were intended to prevent illicit
political activity.
Palestinian workers in the West Bank have the right to strike.
There were no strikes by unions during 1988 on strictly labor
issues. The commercial strikes and stop-work actions which
Palestinians mounted in the territories came in the wider
political context of the uprising.
The West Bank umbrella labor federations have no direct
affiliations to any external regional or international
organizations
.
b. The Right to Organize and Bargain Collectively
Jordanian law applies in the West Bank; Palestinian unions in
the West Bank have the right to organize and bargain
collectively. Under the prevailing circumstances of the
uprising, it is clearly impossible to engage in collective
bargaining. Unions have tended to limit their activities to
educating workers about their rights, representing them in
shop floor disputes, and providing members with health
insurance and legal advice. The situation is similar in Gaza,
where Egyptian law applies. There are no export processing
zones in the occupied territories.
c. Prohibition of Forced or Compulsory Labor
There is no forced or compulsory labor in the occupied
territories. Under existing law applicable to the occupied
territories, there is no statutory ban on forced labor.
Forced labor is, however, banned (except under certain
exceptional circumstances) by the Fourth Geneva Convention.
d. Minimum Age for Employment of Children
A 1978 ordinance of the Israeli authorities raised the minimum
working age in the West Bank and Gaza to 14 years.
e. Acceptable Conditions of Work
In the West Bank, Jordanian law allows a maximum workweek of
48 hours, except for certain hotel, food service, and cinema
employees, whose workweek is 54 hours. There is no minimum
wage provision in the West Bank or Gaza, nor is there
effective enforcement of the maximum hours law.
