UNITED NATIONS General Assembly Dist. GENERAL A/46/522 18 October ORIGINAL: 1991 ENGLISH Forty-sixth session Agenda item 13 REPORT OF TRE SPECIAL COMMITTEETO INVESTIGATE ISRAELI PRACTICES AFFECTING TNE RUMAN RIGRTS OF TRR PALESTINIAN PEOPLE AND OTRRR ARABS OF THE OCCUPIED TERRITORIES lvote bv the SecretThe Secretary-General has the honour to transmit to the men&era of the General Assembly the twenty-third report of tbe Special Connnittee to Investigate Israeli Practices Affecting the Ruman Rights of the PalestinLan People ana Other Arabs of the Occupied Territorie8, which was submitted to him in accordance with paragraphs 20 and 21 of Assembly resolution 45/74 A of 11 December 1990. The present report should be considered Logetber with the Special Carrmfttee's periodic reports (A/46/65 aad A/46/282). which were transmitted to the members of the Qeneral Asaemblg oa 1 Iebruary and 30 August 1991, respectively. 91-32556 ,Qqb<\ 2694-9551 (E) Bed Copy Avdlable / ..* A/46/522 English Page 2 CCMTENTS LETTER OF TRANSMITTAL . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l-5 6 4 8 I. II. INTRODUCTION . . . . . . . . . . . ..**.......................... ORGANIZATION OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MANDATE ..-........................................... INFORMATION AND EVIDENCE RECEIVED BY THE SPECIAL COMMITTEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. General 1. 2. - 18 9 III. IV. 19 - 24 25 35 35 437 172 48 11 13 16 16 20 situation . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . end policy statements .. . General Incidents Palestinian ta) (h) developments linked with population the uprising of the against the occupation 49 - 172 List of Palestinians Israeli civilians killed by troops or . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..a.. 20 List of other Palestinians killed as a result of the occupation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 39 (c) 5. Other incidents linked with the uprising to 50 - 172 173 - 256 173 - 243 244 260 - 256 382 Administration of juetice, includiag the right a fair trial . . . . . . . . . . ..*........**.*.*.......... 1. 2. Palestinian Israelia population 61 61 74 79 79 79 85 . . . . . . . . . . . . . . . . . . . ..e. ..*..................,..........,.... . ...*.*.............*...,.. C. Treatamnt of cfvfliaar 1. General developments ......................... (a) (b) (c) (d) Earasanent aad pwsicsl Collective ill-treatment ... 260 - 351 260 - 271 272 330 326 338 punishment ................... Expulriolm .............................. koaontic and l ocial situation ........... 101 103 339 - 351 /... A/46/522 English Page 3 CONTENTS (continued) 2. Measures freedoms (a) (b) (c) (d) (e) affecting certain fundamental .... ..... . ..... . .... .... .. ... .. .... .. of movement of religion of expression of association of education on settlers' population . ... ... .. .... . .... ... . . . ..a............... . . .. . . . . . . . . . . . . . . . . ... .. .... .. .... .. . .. .... . .... ... .. ... activities affecting . . . . . . . .. . . . . . . . . . . . . . 352 - 315 109 109 111 112 113 114 118 121 130 137 141 152 154 Freedom Freedom Freedom Freedom Freedom 352 - 360 361 362 - 366 367 - 366 369 -. 375 376 363 405 382 404 434 3. Information the civilian D. E. F. Treatment Annexation Information of detainees and settlement ..,........................ . . . . . . . .. . . . . . . . . . . . . . . . Syrian Arab Golan V. VI. &l&9,& concrrning the occupied . . . . . . . . . . .,..,..........,.....e........... 435 - 437 438 - 466 467 CONCLUSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..*...... ADOpTION OF TRR RRPORT . ..**.......*........,*....*... HAP SSoWI%XSRARLX SRTRLRMRRTSRSTARLISRRD, PLARRRDORURDRR CORSTRUCTIUR IN TRS TSRRITORISS OCCUPISD SIXCS 1967 . . . . . . . . . . . . I... AI461522 Angtfsh Page 4 LETTER OF TR~~SMITTAG 22 August 1991 Sir, The Special Cormnittee to Investiyate Israeli Practices Affecti.ng the Human Rights of the Palestinian People and Other Arabs of t&e Occupied Territories bas the honour to trans7nit herewith its twenty-third report, prepared in accordance with General Assembly resolutions concerning the Special Convnittee end, in particular, resolution 2443 (XXIII) of 19 December1968, by which the Special Committee was ebtablisbe& and resolution 4504 A of 11 0ecember 19Y0, the lstest resolutjsn by which the General Assembly renewed its mandate. This report covers the period from 1 September 1990 to 22 August 1991. The report is based on oral information received by the Special Committee through testimonies of persons having first-hand experience of the human rights situation in the occupied territories, as well as written information gathered from various sources. Written information concerning the period from 1 September to 30 November 1990 is reflected in the periodic report which the Special Cossnittee presented to you on 10 January 1991 (A/46/65): written information cohcerning the period from 1 December1990 to 31March 1991 is reflected in the periodic report which the Special Cormnittee presented to you on 4 June 1991 (A3/46/282) in accordance with paragraphs 20 and 21 of General Assembly resolution 45/74 A. Frun amongthese oral and written sources of information, the Special Ccaswittee has included in its report* relevant excerpts and sussnariea. For the purpose of collecting oral testiraonier the Special Committee again organised hearings that wore held at Duaascus, &xsau, Cairo and Geneva. The Special Cornittee continued to monitor rtatasants hy membersof the Oovernxent of Iarael reflecting the policy ot that Gcverment in the occupied territorier and reportr on mea8ur*s t8kao to iaplernent that policy. The Special Colraittee further noted the letter8 addro88ad to you and to the President of the Security Council during the period of this report relating to the mandate of the Special Cuxaittee, circulated as documenta of the Goneral Assembly and the Security Councfl, and rocdvod information from organisations and intlividuslr on various aspects of the situ&ion in the occnpied tmrritoriex. In carrying out its mandate, the Special Coamrittes benefited frmn the cooperatiom of the Gcvwmtentw of Egypt, Jordan and the Syrian Arab Republic and from the cooperation of Palestinian reprerentativea. The Govermaent of Israel has continued to ignotb reguerts for cooperation addrecaed to it. Bie Ixcellency Hr. Javier P&fez de Cu&lar Secretary-General Uew York of the United Uations / ... A/46/522 English Page 5 In preparing its report the Special Committee has attempted to put before you a composite picture of the reality in the occupied territories as it affects the human rights of the civilian population. By this lwttwr the Special Connnittee wishes to draw your attention to a number of aspects that deserve particular mention. The information contained in the twenty-third rwport of the Special Committee reflects the further deterioration, in the couraw of recent months, of the human rights situation in the occupied territories, already critical since the beginning of the uprising and its repression threw and a half years ago. This dramatic situation stems basically from the illegal measures of annexation and persistent settlement policy pursued by the Government of Israel since 1967, which, together with occupation in itself, constitutes a grave violation of basic human rights, giving rise to the fierce determination of the Palestinian and other Arab civilians to oppose this policy. The outbreak of the Gulf crisis and the ensuing war have led to increasingly repressive policies and practicws by the occupying Power. The Palestinian and othwr Arab population in the occupied territories has continued to suffer a heavy toll of casualties. Harsh methods have continued to be implemented by the Israeli authorities in trying to quell tbe popular uprising. Disproportionate force has been used against the civilian population, losses including live and severe of life, tear-gas inhalation ammunition and other cruel meansof inflicting injuries have resulted from shooting, beating, and other causws. Various elements have considwrahly added to the suffwring of a population living below tbe poverty line and exposed to severe physical and psychological stress. ?unong these factors, mention should be made of tbe prolonqed and continuous curfas imposed upon tbe Arab population of the occupied territories in particular during and after tbe gulf war, and the severe deprivations resulting from tbw difficult access to basic needs such as food and msUfcs1 treabnwnt during long periodsr the dmssqeinflicted upon the agriculture and the loss of income of several thousand Arab workers as a result of curfews or restrictive ID regulations severely limiting freedom of movementinside and outside the occupied territories; tbs deliberate policy of economic pressure characterised by search snd arrest operations during tbe collection of tasws. property swisure and tree uprootingr and the systematic resort to house demolitions as a collective punislsnent. Acts of aggression committed by Israeli settlers against Arab civilisns have also contributed to a further dwterioration of tbe climate of fear and tension in tbe occupied territoriws. Ibis tension cannot but increwe in visn of the new impetus given by the Israeli authorities to tbeir annexation policy. Tbw rwcwnt creation of new swttlements, in particular in the Jerusalsm arwa, and the declared intention to establish further settlsments and increase drastically tbe settler population in the near future (including through tbe settlement in the occupied territories of recently arrived Jewish immigrants) on the one band, and tbe various measures of harassment taken I... A/46/522 English Page 6 against the other hand, composition Palestinian population to incite it to leave to indicate a deliberate will to modify of the occupied territories. seem its homeland on the the demographic In the same contert, the recent period has also witnessed a resumption of the policy of expelling Palestinians from the occupied territories for alleged security reasons. This practice, which had come to a temporary halt for a few in spite of a wave of international protests and months, has been reactivated in violation of relevant provisions of the Fourth Geneva Convention. The civilian population has been confronted with increasing restrictions affecting all aspects of life in the occupied territories: restrictions on freedom of movement have contributed to a considerable decrease in the number of persons allowed to cross the border to the neighbouring countries and have even affected travel inside the occupied territories, particularly to Jerusalem. Freedom of expression and religion have also been affected by severe limitations. In the field of education, the prolonged closures which have continued to affect a number of universities, schools and even kindergartens, the denial of proper educational facilities and the harassment of teachers and students seem to Ldicate the implementation, by the occupation authorities, of a deliberate policy aiming at a lowering of the previously high standard of education, the eCfects of which are already evident in the-decline of the educational level, in particular among young children. The administration of justice in the occupied territories has also been of humanrights standards. Several thousand Palestinians, including minors ~ii women, have been or continue to be detained in various prisons and detention centres, sometimes inside Israel itself, often as a measure of preventive or administrative detention. Many exemples illustrate the fact that legal guaraute*s, including the right to a fair trial, are often denied to Palestinians, whereas Israelis charged with killing or ill-treating Arab cfrilians seemin contrast to have usually benefited from relative leniency from the authorftf*s. l%u critics2 conditions of detsntfon have continued to he a rzwe of 8wero concern, owing in particular to repeated allegations of torture and 8yatsseatic ill-treabesnt of prisoners, including minors. The Special Comaittee has endeavoured, within ths constraints impo8ed by of cooperation from Israel, to provide in its pstiodic reports tuwl L/46/282) and the present twnty-third report a faithful picture of the situation of human rights in the occupisd territories. The particular circumstances faced by the Arab population during the period under review ad the constant deterioration of its living conditions represent a serious challenge for the international coexeunity, already confronted with dramatic developllsnts in the area during the recent period. In or&r to avoid anOther major explosion in the region, the international comuuity needs to renew it* efforts to convince Israel that it should put ea cud to itc practices affecting the hureanrights situation in the occupied territories. the lack (A/46/65 marked by a deterioration I... A/46/522 English Page 7 The Special may contribute to for a solution to occupied territories fundamental human Committee reiterates its sincere hope that the further mobilizing the international community the plight of the Palestinian people and other which would guarantee the full enjoyment of rights. and on my own behalf, present report in its search Arabs of the their the Accept, Sir, on behalf of my colleagues assurances of our highest consideration. Stanley W&PAGE Chairman of the Special Conrnittee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories /... A/46/522 English Page 8 I. INTRODUCTION 1. The Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories was established by the General Assembly in resolution 2443 (XRIII) of 19 December 1968. By that the Assembly decided to establish the Special Committee, composed resolution, of three Member States: requested the President of the Assembly to appoint the members of the Special Committee: requested the Government of Israel to receive the Special Committee, to cooperate with it and to facilitate its work; requested the Special Committee to report to the Secretary-General as soon as possible and whenever the need arose thereafter; and requested the Secretary-General to provide the Special Cormnittee with all the necessary facilities for the performance of its task. 2. The Special Committee is composed as follows: Mr. Stanley Kalpagi, Permanent Representative of Sri Lanka to the United Nations, Chairman: Mr. Alioune Sene, Ambassador of Senegal at Bern and Permanent Representative of Senegal to the United Nations Office at Geneva; Mr. Dragan Jovanic, advocate, Yugoslavia. 3. At the meetings of the Special Cossnittee held from 21 May to 4 June 1991, Mr. Mamadou Mansour Diop, First Counsellor at the Permanent Mission of Senegal to the United Nations Office at Geneva attended as the representative of Senegal on 21 May, and Hr. Chams Eddine N'Doye, Ambassador Extraordinary and Plenipotentiary of Senegal to Egypt, from 23 May to 4 June. Since October 1910, the Special Connnittee has submitted 22 reports. 11 4. Thesr reports were discussed in the Special Political Ccxmmittee, which then reportsd to the General Assembly. 21 On the recommendation of the Special Political Cosxnittee, the Assembly adopted resolutions 2727 (XXV) of 15 December 1970, 2851 (XXVI) of 20 December 1971, 3005 (XXVII) of 15 December 1972, 3092 A and B (XXVIII) of 7 December 1973, 3240 A to C (XXIX) of 29 November 1974, 3525 A to D (XXX) of 15 Docamber 1975, 311106 A to D of 16 Decasher 1976, 32/91 A to C of 13 December 1977, 331113 A to C of 18 December 1978, 34/90 A to C of 12 Does&et 1979, 35/122 A to ? of 11 December 1980, 36/147 A to G of 16 Decaabor 1981, 37/88 A to G of 10 December 1982, 38/79 A to H of 15 Docsmber 1983, 39195 A to H of 14 December 1984, 40/161 A to G of 16 December 1985, 41163 A to G of 3 December 1986, 42/160 A to G of 8 Decea&er 1987, 43158 A to G of 6 Decenther 1988, 44148 A to G of 8 December 1989 and 45174 A of 11 December 1990. 5. The present report has baen prepared in accordance with General Assmbly resolutions 2443 (XXIII), 2546 (XXIV), 2727 @XV), 2851 (WI). 3005 (=II), 3092 B (XEVIII). 3240 A and C (XXIX), 3525 A and C (XXXj. 311106 C and De 32/91 B and C, 33013 C, 34/90 A to C, 35/122 C, 36/147 C, 37188 C. 38179 D, 39/95 D, 40/161 D, 41/63 D, 421160 D. 43/58 A, 44/48 A and 45174 A. I... A/46/522 English Page 9 II. 6. The Special contained in its 7. ORGAWIKATIOW OF WORK the rules z/ the General of procedure Assembly: Committee continued its work under first report to the Secretary-General. 45174 A In its resolution of 11 December 1990, "20. Reuuesb the Special Conumittee, pending early termination of the Israeli occupation, to continue to investigate Israeli policies and practices in the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967, to consult, as appropriate, with the International Con'rnittee of the Red Cross in order to ensure that the welfare and human rights of the peoples of the occupied territories are safeguarded and to report to the Secretary-General as soon as possible and whenever the need arises thereafter: "21. Also reaw the Special Secretary-General periodic reports occupied Palestinian territory; Committee to submit regularly to the on the present situation in the "22. FRrther rBQUBBtO the Special Committee to continue to investigate the treatment of prisoners in the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967". 8. Mr. Stanley Kalpagi replaced blr. Daya Perera as Chairman of the Special Committee as at 18 March 1991. The Special Committee held the first of its series of meetingn 10 January 1991 at Geneva. The actfvitfss of the Special CMittee those meetings are reflected in document A/46/65 (parae. 4-11). 9. from 7 to during 10. The Governments of Egypt, Jordan and the Syrian Arab Republic as veil as the Observer for Palestine subsegwntly responded to the Special Cosrnittee's rsgwst for coopsration (see A/46/66, psra. 6), reconffmisg tluir rsadiwss to continue cooperating xith the Special Cosmsittse. 11. On 28 March 1991, the Chairman of the Special Committee addressed a cable to the Secretary-General in which he conveyed the deep concern of the Special Cosusittee about the decision of the Israeli authorities to deport four Palestinians from the territories occupied by Israel. The Special Cosrnittee 6trsS66d that Wi6 deci6ion ra6 in flagrant contradiction of all relevant legal norms and standards, and in particular the provision6 of the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of War. The Special Consaittee requested the Secretary-G6wral to bring it6 srpression of concern to the attention of the Isrwlf authorities. 12. The+Special Cozmsittee held a series of meetings at Geneva (21 May 1991). (23-24 Way 1991), kimas (25-30 Yay 1991) and Cairo (f-4 June 1991). At these meetings, the Special Cassnittes essmined information on developents Di6nascus /... A/46/522 English Page 10 occurring in the occupied territories between December 1990 and March 1991. It had before it a number of cormnunications addressed to it by Governments, organisations and individuals in connection with its mandate. The Special Cormxittee took note of several letters addressed to it by the Permanent Representative of Jordan to the United Nations Office at Geneva on matters related to its mandate. At Demascus. Armran and Cairo the Special Committee heard testimonies of persons just returned from or living in the West Bank, the Gasa Strip and the occupied Syrian Arab Golan concerning the situation in those territories. 13. At Damascus the Special Cormnittee was received by Mr. Najdi El-Jacear, Director, International Organisations Department, Ministry of Foreign Affairs, and was presented with a report concerning the human rights situation in the occupied Syrian Arab Golan. During its stay in the Syrian Arab Republic, the Special Committee visited the town of Quneitra and was presented with information on Israeli practices against the Syrian Arab citixens in the occupied Golan. The Special Conxnittee also met Mr. Mohannnad Abu Zarad, Director of the General Committee of Palestinian Refugees in the Syrian Arab Republic. 14. At Amman the Special Committee was received by the Minister for Foreign Afiairs, Mr. Taher Al-Masri. It also conducted consultations with Mr. Ahmed Qatanani. Director, Department of Occupied Territories Affairs of the Ministry of Foreign Affairs, and was presented with a report on the During its situation in the occupied territories prepared by that Department. stay at Annnan the Special Comnittee met with members of the Executive Committee of the Palestine National Council. The Speoial Committee received from the Departments of Occupied Territories Affairs and of General and Higher Bducation of the Palestine Liberation Organisation (PLO) a series of reports aud atatirtics on tbe situation in the occupied tsrritorier. The Spscial Costmittee visited the Islaic Hospital and ths Falestiafau Hospital, as well as the Air+ Huarsin Bridge. Tbs Special Cosmittee also visited ths Association for the Protection of Children of Palestinian Martyrs whsre it mat Mrs. Intisar Bl-Uassir, Head of the Association. 15. At Cairo tbs Special Cmittee ~58 received by the Minister for ?oroign Affairs, Xr. Astr ifousra. It also stst with &lx. Moair &bras, Director, Intsruationdl Organisation5 Affairs Department, and Mr. Ibrahis Mostafa, Director, Palestinian Affairs Dspartwnt of the Mnistry of Foreign Affairs. The Special Caxsittee also met Uajor-General Salma, Goveruor-Gewral of Gasa, and Mr. Ba% lIaral. the Palestinian hpresentative in Cairo. It also visit54 the Palestinian Red Crescent Hospital where it met Dr. rathi Arefat, Chairm8~ Tim Special Comittee was also received by of th51 Palestinian Red Crescent. Mr. Ha&Ii Bostafa el Radi, Deputy Secretary-Gsneral of ths League of Arab State5 end other official5 of the League. 16. The Special Comsittee exaniaed aud completed a periodic report (A/46/282) updating information contained in its previour periodic report (A/46/66). It decided that tuq further infomation and l vi&ace relwant to fts mandate would bs reflected, togethsr with its coaclu8ions, in the present report of the Special Cosmittee. / .. . A/46/522 English Page 11 11. On 4 June 1991, the Chairman of the Special Committee Secretary-General its periodic report (A/46/282) covering 1 December 1990 to 31 March 1991. That report was based information gathered from various sources among which the had selected relevant excerpts and summaries, which were report. transmitted to the the period from on written Special Committee reflected in the 10. The Special Committee met again at Geneva from 19 to 22 August 1991. At the Special Committee examined information on developments these meetings, occurring in the occupied territories from April to August 1991. It had before it a number of communications addressed &o it by Governments, organieations and individuals in connection with its mandate, as well as records of testimonies collected during its previous series of meetings. The Special Committee took note of several communications addressed to it by the Permanent Representatives of Jordan and the Syrian Arab Republic to the United Nations Office at Geneva on matters related to its mandate, The Special Committee also heard and examined the testimony of two witnesses. It examined and completed the present report on 22 August 1991. III. MANDATE 19. The General Assembly, in its resolution 2443 (XXIII), entitled "Respect for and implementation of human rights in occupied territories", decided to establish a Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of tbs Occupied Territories, composed of three Member States. In its resolution 44148 A, the General Ammemblp decided to change the nameof the Special Cosmnitteeto "Special Comnnitteeto Lnve8tigate Israeli Pcactfcem Affecting the Human Right8 of the Palmmtinian People and Other Arabs 20. of the Occupimd 21. Territoriem". practice8 The mndmtm of the Specfal Cmittee, am met out in remolution 2443 OKl11) and mubmequent rmsolutioamr warn9~0 invmmtigate Iaruli affecting the humanrights of the population of the occupied torritoriem". 22. In intmrpreting its mandate, the Special CoPrsittee dmtemined that: am the Gama Strip and the Sinai Following the implementation of the Egyptian-Israeli Agremmmnt on Disengagementof Force8 of ia Jmnamry 1974 and thm Agr88mmnt on Dimmngmgmmbmnt between Imramli and Syrian Forces of 31 Xay 1974, the demarcation of the areas undar occupation was altered as indicated in the maps attached to those agremmentm. The aream of Rgyptimm territory under Israeli wilitaq occupation were furtJmr modified in accordance ~5th the Trosty of Peace between tbm Arab (a) The territories to be conmidarmd the areas under Israeli occupation, nwly, the West Bank (including Lamt Jerumalam). occupied terrftoriem the occupied Byrian Arah r*f*rred to Golan, Peninsula. Republic of Rgypt and the State of Israel, which warnmigzamd 26 #arch on 1979 and which case into force on 25 April lF79. on 25 April 2982, the Rgyptian territory remaining under Israeli nilitary occupation warn remtitutmd to the I... A/46/522 English Page 12 Government of Egypt in accordance with agreement. Thus, for the purposes of be considered as occupied territories occupation, nemely, the occupied Syrian East Jerusalem, and the Gasa Strip. the provisions of the aforementioned the present report, the territories are those remaining under Israeli Arab Golan, the West Bank, including to (b) The person8 covered by resolution 2443 (XXIII) end therefore the subject of the investigation of the Special Committee were the civilian population residing in the areas occupied as a result of the hostilities of June 1967 and those persons normally resident in the areas that were under occupation but who had left those areas because of the hostilities. However, the Conxnittee noted that resolution 2443 (XXIII) referred to the "population" without any qualification as to any segment of the inhabitants of the occupied territories. (c) The "human rights" of the population of the occupied territories consisted of two elements. namely, those rights which the Security Council referred to as "essential and inalienable human rights" in its resolution 237 (1967) of 14 Junr 1967 and, secondly, those rights which found their basis in the protection afforded by international law in particular circumstances such as military occupation and, in the case of prisoners of war, capture. In accordance with General Assembly resolution 3005 (XXVII), the Special Cormeittee was also required to investigate allegations concerning the exploitation and the looting of the resources of the occupied territories, the pillaging of the archaeological and cultural heritage of the occupied territories, and interference in the freedom of worship in the Boly Place8 of the occupied territories. The "policies" and "practices" affecting human right8 that the scope of invegtigation by the Special Cmittee referred, of spolicierw, to any course of action conrciou8ly adopted and Ooverzwmnt of Israel a8 part of it8 declared or undeclared intent1 (d) came in the pur8ued by the while npractiee8*B referred to tiw8e 8ction8 which, frre8pective of rAether or not they were in implementation of a policy, reflected a pattern of behaviour on the part of the Israeli authoritie8 toward8 the civilian population in the occupied arear. The geographical nme8 a8 W8dl a8 the tOmhOlogy 8?1@Oyad in the prO8Ont report reflect the usage in the original Iource and 60 not imply the expre88ion of any opinion wbatroevar on the part of the Special Comittee the Secretariat of the United latioa8. 23. Since international it8 inCaptiOn inStrUUOnt8 the in Special within ca8e or Cosmfttee ham intetprOtiRg and carrying Eations; of Wxnan aightsr to the relied out on it8 th8 following mandates (a) (b) The Charter The Unfver8al of the United Declaration (c) The Geneva Convention relative in The of War, of 12 August 1949; s/ Protection of Civilian Person8 / ... A/46/522 English Page 13 (d) The Geneva Convention of 12 August 1949; 51 Event relative to the Treatment of Prisoners Property of War, in the (e) The Hague Convention for the Protection of Armed Conflict, of 14 May 1954; 61 of Cultural (f) The Hague Conventions Customs of War on Land; 11 -- of 1899 and 1907 respecting the Laws and and the (g) The International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights. a/ 24. The Special Committee has also relied on those resolutions relevant to the situation of civilians in the occupied territories adopted by United Nations organs, the General Assembly, the Security Council, the Economic and Social Council and the Commission on Human Rights, as well as the relevant resolutions of the United Nations Educational, Scientific and Cultural Organieation (UNESCO), the World Health Organisation (WHO) and the International Labour Organisation (ILO). IV. INFORMATICRf AND EVIDENCE RECEIVED By TEE SPECIAL CmITPEE its mandate, the Special Connnittec has 25. In the course of carrying out relied on the following sources: (a) The testimony of persons of the population in the occupied (b) rrsponmible with first-hand territoriest knowledge of the situation of pronoUncement by Reports in the Israeli prom, including persons in th8 Government of Israel: (c) mports appearing in other news media, incloding th8 Ar8b leaguag8 press published in the occupied territories in Israel and the international press. The Special Conmittee also received writton rtataa8otr Govermmnts of Jordan and the Syrian Ar8b Republic and frm Palestine. 26. from the the Obrerver for 27. The Goverment of Jordan has provided th8 Special Comittee ritb various monthly reports on Israeli settlemsnt operation8, land confiscation fmd attacks on Arab citirens and their property. It bar also subslitted a report oa Israeli violations of humaarights in the occupied West Bask and Gasa Strip prepared by the Depar&eent of Palestinian Affairs of the ministry of Foreign Affairs and covering the period from 31 January 1990 to 15 Hay 1991. The present report contain8 information and data OB meMute of collective plll%i&YWBt, land coBfi8cation, the establishment of n8w 8@tthl!SOBt& attacks on had, stea8ures and practices affecting Arab civilians and thdr propertie (such a8 incident8 affecting religiOU8 site8. attacks on social and aunicipal h8titUtiOB8. eCOZU?dC P#UlCtiOl!8. Cb8hO8 affeCtitOWB8, Vi1hUJOO asd /... A/46/522 English Page 14 refugee camps, practices against education), the administration of justice, restrictions to freedom of movement, expulsions, the treatment of prisoners, the demolition and sealing of houses, and the killing of Arab civilians. The Government of the Syrian Arab Republic has provided the Special26. Committee with a report prepared by the Ministry of Foreign Affairs about Israeli practices affecting the human rights of the Palestinian people and other Arabs of the occupied territories. That report deals in particular with Israeli practices in the Syrian Arab Golan. It refers to "the continuous Israeli policy of occupation aimed at annexing the Golan and Judaising it by encouraging settlements there". It provides information on the recent attempts to promote settlements in the Golan and to increase the number of settlers there: it further refers to the takeover of land from Syrian Arab citizens in the Golan and to the Israeli practice of setting fire to agricultural land in the Golan; it also contains information and data on the seizure of water resources and the heavy taxes imposed for the exploitation of irrigation water. The report provides information on the economic and social changes that have affected the living conditions of the Syrian Arab citizens in the area and have resulted in a deterioration in agriculture, industry and education, as well as unfair and extremely precarious working conditions for Arab workers and a serious worsening of the health situation. The report also refers to the systematic destroying of the Syrian national heritage in the Golan, including illegal archaeological excavations and looting of It further deals with various humanrights violations in the antiquities. occupied Syrian Golan, including killing, the use of force to quell demonstrations and to break strikes, and deficiencies in the administration of The report has been circulated as an official document of the justice. General Assembly (A/46/284). 29. The Special Coernittee also received documenta sulxaitted by various departmoW of the PLO. bong these docteseater mention can be redo of the report submitted by the Department of general end Higher Education, which deals with lome of the Israeli occupation authorities' practices against education in the occupied territories during the period from Xay 1990 until the end of April 1991, such a8 school cloeuree, the harassment of teechere and studente, school raids and the us* of echoole u military herracks. Another report eube&tted by the DeperWnt of Occupied !territotiee Aff6ire concorns the Ieraeli occupation euthoritiae' practices egeinet tlm city of Jeruoelem in the pretext 3990-1991. Tbet report mentions a nue@erof eweeuree taken uuder of l n8uring l ecurity in the city: it provides a liet of Paloetiniane killed in Jeruealem since the etart of the popular uprieingt it give8 exqlee of Israeli practicee against individual8 and their propeztiee. It eleo refers to recent meeeuree lie4iting the freeof movementof Peleetinieue to and from The report further mention8 measure8 of harassment of l tudente end Jerusalem. practices against the Palestinian prees , mainly based in Jerusalem. It provides l xmeplee of Israeli attempts to eeiee Arab-owned land in Jmruealesn and of the policy of expanding l sttleewnte in the Jerueelem area as a mstter of priority; it refer8 to the demolition end eeieure of houeeer it ale0 deal8 with the activities of Jewish religious groups in Jerusalem. and refers to the Israeli policy aimed et changing Jerueelem'e demographic belenco in favour of Another report, eubaittod by the Department of the Jenieh population. I... A/46/522 English Page 15 Occupied Territories Affairs, deals with Israeli practices against the territories occupied in 1967: it refers to the situation of the Palestinian people under curfew during the Gulf war: it provides a list of land confiscated from 25 April 1990 to 27 April 19918 it refers to expulsions and house demolitions. Other problems mentioned in the report include the Jewish immigration, settlements and land seieure, the situation of workers in the occupied territories, as well as the economic situation after the Gulf crisis. 30. In addition, the Special Connnittee received written information fron. intergovernmental organisations such as relevant specialised agencies, United Nations organs and regional organisations, as well as non-governmental organisations, individuals and Governments on the situation in the occupied territories. At its meetings, the Committee had before it several communications addressed to it directly or referred to it by the Secretary-General from sources outside and inside the occupied territories. Where necessary, the Committee has followed up information contained in these communications. Committee undertook a series of hearings at Damascus, Annnan 31. The Special and Cairo during its meetings from 21 May to 4 June 1991. At these meetings, the Special Committee heard the testimony of 41 persons having first-hand knowledge of the human rights situation existing in the occupied territories. These testimonies are contained in documents AfAC.145lRT.556 and 557. 559 to 567 and 569 to 571 and are reflected below. During its meetings at Geneva the Special Committee also heard on 19 August 1991 the testimony of two Israeli witnesses from the Association of Israeli-Palestinian Physicians for Bumen Rights. These testimonies are contained in document A/AC.145/RT.573 and are reflected below. 32. The Special Comittee has taken particular presr that has not been care to rely on information contradicted by the appearing in the Israeli Goverrxaent of 18rael. 33. W following paragrapha contain a 8mary the Special Cosmittee divided aa follow68 (a) fb) (cf (d) (e) (f) 34. of the information exclrfned by General oituationr Adminirtration of justice, includixg tha right to a fair trial) Treatment of civilians~ Treatment Annexation Information of detainees: and settlement; concerning the occupied Syrian Arab Golan. This information has been divided into oral evidence and written information. fn order to caaply with reatrfctionm oa the volw of docunrntatfon now enjoined upon United sations reports, the Special Cmittea /... A/46/522 English Page 16 has endeavoured to present this information Oral evidence, for which a form possible. available in documents A/AC.145/RT.556 and has been condensed to a general indication The report also attempts to summarise written is reflected in more detail in documents of available on file in the secretariat. A. General . in the most compact and concise full record of testimonies is 557, 559 to 567, 569 to 571 and 573 of the contents of such records. information. This information the Special Cormnittee. which are . 1. Written m * * -1 devele DO- 35. On 1 April 1991, it was reported that the security cabinet (the Government Ministers in charge of security matters) had approved a series of deterrent and preventive measures to curb the wave of stabbings and other attacks by Arabs entering Israel from the territories. The measures were laid down the previous week by a joint team of Defence Ministry and Police Ministry officials, with the concurrence of the Justice Ministry. It was decided to continue, and possibly increase, the policy of deportation of Palestinians suspected of incitement to violence, and the policy of demolishing or sealing the homes of Palestinians involved in stabbing attacks and other terrorist Preventive measures decided upon included stricter criteria for activities. the issue of entry penaits from the territories into Israel. The security cabinet also endorsed a restriction that had been in effect for a few reeks, whereby Palestinians from the territoriee could travel to Israel only by public trausport or in vehicles supplied by their mployers, and not in their own cara. Btarting in mid-Hay 1991, employer8 hiring Palestinian8 from the territorier without an official work p8rmit is8ued by tba government employment 8ervice would be b8avily fined. The open-fire inetructione for civilian8 and defence per8onn81 wet8 not cheng8d, d8rpite public cells by th8 Police Minirrter to authori8e 8booting-to-kill during t& cour8e of a rtebbiag. The cabinet al80 refrainmY from spprwiag more dre8tic mea8ure8 propored by Mini8ter8 Ariel Shmon, Refeel Ritan and Rehavm Ze'evi. They had prOpo88d to 8Stpe1 8BtirO fmiliO8 Of PtiOltieiM8 involved in 8tabbiq attack8 On I8raOli8, t0 am Pal88tiniaXl OppOBMt8 Of th8 PIX) and t0 iapo80 COll8CtiVO p,,ni8b,W,t on Vi11a988. (w, B, 1 April 1991) 36. On 29 April 1991, it we8 reported that the 88curity autboritie8 end Civil Actmini8tration approved a plsn that We8 to be implemented rhortly, COn8i8tin9 of housing refugees from Jebalia and Shati' cemps in new howe8. to be built * Information on thi8 8ubject covering the period from 1 September 1990 to 30 Hov8mb8r 1990 i8 to b8 found in paragraph8 12 to 17 of document A/46/65; infonnetion on the 8ma8 8uhjeot. COVOrhg the period from 1 Dec8atber 1990 to 31 Wercb 1991 18 to be found in parsgraph 6 to 17 of document A/46/232. /... A/46/522 English Page 17 on state lands near Beit Hanun and Naala, in the Gasa Strip. The plan would concern some 70 to 00 families from Jabalia and a similar number from Shati'. (M'arets, 29 April 1991) On 8 May 1991, the Civil Administration announced it wes granting licences to 29 Palestinian businessmen from the West Bank to uet up new plants and factories in the region. The licences were given to 8 businessmen from Hebron, 10 from the Bethlehem area, 3 each from Ramallah, Nablus and Jenin, The plants included 10 specialising in building materials and 2 from Tulkarm. and 9 in food products. The head of the Civil Administration, at a ceremony at the T/A (Brig.-Gen.) Gad Zohar, told the businessmen headquarters in Beit El that a new law would come into force shortly that would According to a report, exempt all new businesses in the West Bank from tames. these new measures signalled a sharp turn in government thinking on giving According to another report the Palestinians more control over their economy. measures reflected a trend that had been taking shape over the past year, namely, to develop an independent economic infrastructure in the territories, which would prevent the population from being totally dependent on employment This trend had intensified after the stabbing attacks by inside Israel. residents of the territorires inside Israel and the partial closure of access to Israel to workers from the territories. (m, J-k, 9 May 1991) 37. On 23 May 1991, it was 38. office of the Coordinator of the holding of elections in order to promote investments. Bebron Chamber of Commerce. reported that the defence authorities, through the Activities in the Territories, decided to approve all the chambers of commercein the territories in The first elections were to be held in the It was reports4 that since 1910 no such elections ha4 been held au4 the chambersof cosssercehad been practically paralyre4. In auother &velopster-t, it was reported that the Civil Adaiuistration ha4 recently authorine4 the rettiug up of a chamber of imlustry in the Gama Strip. The chamberwool4behea4e4byMGmmml Al-Yaoji. (N, 23 Xay 1991) 39. property OE 9 June 1991, the Ceer4iaator Dan Rothachil4, approw4 Brig.-Gen. of Activitie8 Ln the a thrw-ywr examptbn Xerrlterles, froa Sacam@ and tax for new plautm in the territories. (-Past, 10 Juue 1991) On 17 Juue 1991, it w&s report& that the level of employment of Arab from the territories in 18raol was naaring that which l riste4 before the Gulf war. At present over 80,QGGwrkorr from the territerisr were employed in Israel legally, 35,000 of them from the Gaoa Strip. Some 15,000 people (9,000 from the West Bank and 6,000 from the Gasa Strip) were given special ID car46 that barred them from cnterfng Israel. Sources at the defence establishment said it was inten4e4 to create more msploypunt wurcom for the Arab8 from the territories, both in Israel au4 in the territories. (m&area, 17 June 1991) worker8 40. OE 19 June 1991, Defewe Xiuister Areas awouuced that 400 Palestiniau Il. prisoners would he released on the occasion of the Muslim h0li4ey of Military sources added that 300 to 350 prisowrs would be Id al-A4ha. releaoed in the Went Bank and about 100 ia tha Gasa Strip. l6ost of those / .. . A/46/522 English Page 18 affected by the measure would minor security offences were it was reported that the Civil other measures on the occasion night curfews would start at were sealed would be opened, Civil Administration employees advance. According to military decreasing level of violence 23 June 1991; Jerusalem Post, be prisoners whose sentences for relatively close to completion. In a related development, Administration had decided to take several of the Hueiim holiday. In the Gaza Strip the 10 p,m. instead of 8 p.m.; several alleys that food would be distributed to needy people and would get 50 per cent of their salary in sources the measures were also linked with the in the territories. (w, 19 and 20 June 1991) Television screened a report on the activities of 42. On 22 June 1991, Israel Israel Defence Force (IDF) undercover units operating in the territories to carry out arrests of persons suspected to be active in the uprising. Israeli soldiers were seen disguised as old Arabs or Arab women, approaching suspects and making arrests. Some of the soldiers Said they had actually joined groups of masked activists in the refugee camps and participated in stone-throwing incidents. The revelations stirred strong criticism both from the political According to military sources the sector and from within the military. decision to confirm the existence of undercover unite was made at the General Staff level. The reason for the screening was believed to be intended by the authorities to have a deterrent effect, and to defend the units against charges that they had been operating as extra-legal "hit squads". outside the bounds of military regulations. Military sources declared that "open-fire" orders and other IDF procedures were followed by the unite. t-Poet, 23 June 1991) 43. its On 24 June 1991, the Association for Civil Bights in Israel (ACM) issued annual report on human rights abuses in Israel and the territories. It described a8 "Facirrt" the policy by which Arab homesare often demolished when their occupants camit reriow offencea, while the alition of home8of Jews who comit similar. or even 8mre rerious offenoe8, i8 not even conridsred. The report cited progre88 on the i88w of faily reunification. Under a sew policy 8tat8menL 8pouses and ohildron of rerideet8 , who until June 1990 were not allowed to stay in the torriterier on the ground8 that they were Jordanian citisens, could now remein a8 npeneanent vi8itors". Soem250 women xrd children who had been ezpelled were later allowed to return. Venmnest visitor" status meant that &ependentr could register periodically near their home* without leaving the country each time to return on a new vi8itor's visa. (B, 23 June 1991) 44. On 26 June 1991, the Palestinian Eman Bights Information Centre publf8bed nones of 47 people it safd had beea killed ia IDy undercover operattions in the territorier since January 1989. According to the report, 26 Palsgtiaians were killed in such compiled by researcher Dee O'Brian, operations in 1969, 12 in 1990 and 10 in the first five months af 1991. Most of tie victims were reportedly killed while writing graffiti on walls, and others were either meaning barricdke or shouting slogans through louUspeakar8. Ten were killed in cfrcmstaaces that sugge8ted they were specifically "wsntti by the authorities" am3six were amed when killed. The case of Hahnad Abu Shtimleh is sPecifically mentiomd. He was killed in Bureij I... A/46/522 English Page 19 on 4 October 1969 led to a decision undercover squad (Jetuselem Post, in circumstances that, according to ea Israeli to charge a lieutenant colonel sad a lieutenant with issuing and executing an illegal order. 27 Juae 1991) newspaper, from up 45. On 10 and 11 July 1991, Several Official Israeli reactions were made public following the publication of the Amnesty Iateraatioaal report for 1991 and the allegstioas it contained in the chapter on Israel sad the occupied territories. The Minister of Justice, Dan Meridor, said in a radio interview that the practice of administrative detention was not desireble, but was unavoidable. He added that the number of admiai s , 13. 15 and 20 May 19911 U-Fair, 27 May 1991) 338. On 15 August 1991, the human rights organieation Betselam said in a press conference that at least 20 women married to Palestinians had recently been ordered to leave the West Bank with their children, despite a declared policy of the State Attorney's office that non-resident wives and children of West Bank resident6 would not be deported. According to Betselem, most of the women affected were from the Tulkarm and Ramallah regions. At least three of the women had already left the West Bank. The DeftAce Ministry responded by issuing the following statement: "If thore are irregularities in the procedures, they will be immediately investigated in order to ensure instruction6 are carried Out. Likewise, additional instructions have been given to ensure that such irregularities do not occur". The statement explained that the instructions it referred to were those issued to the Civil Administration and the Ministry of Justice, in accordance with the declaration issued by the High Court of Justice. (Ea'aret& Jelrusalem Post, 16 August 1991) (d) Qral &88&c evidence and social situ- 339. A number of witnesses referred to the dsterioration condition6 of the civilian population, in particular suonymous witness stated in this COnneCtiOn: of the living in ths recent period. An "The conditions of d6ily life in our occupied territories have I have been deteriorated steadily since the beginning of the intifa8ah. an eyewitness living under these conditions and I have seen how the shops were closed - sometimes even in the early hours of the morning, and not just at 10 o'clock as is the case now. The reafion for this was that the occupation authorities attacked the main streets constantly. Regarding provisions, we have the custom of keeping provisions at home. . . . But during the period of the &&i&&h and because of the cases of poverky that have arisen, some DERWA commi&ees, as well as some committees have been obliged to set up special belonging to national organisations, committees concerned with provisions and to establish stores /... A/46/522 Euglish Page 104 to keep stock and be able to distribute Eood to the people regularly. spite of 811 this. we have suffered from the shortage of supplies, specially during the periods in which curfews were imposed." (A/AC.l45/RT.559/Add.l) 340. Several wart witnesses referred to the economic In losses resulting from the Gulf "There were many losses, estimated at hundreds of millions of ?ollars annually. Their effect was extremely dangerous, in addition to the fact that during this time Israel destroyed all the economic capacity and the work potential in the occupied territories by imposing prolonged curfews and also by preventing the Palestinian workers from working in Israel, as well as in some places, by preventing the people from moving from one part of the occupied territories to the other. The farmers were prohibited from selling their produce from one area to another. All of this was carried out in order to destroy the economy and the agriculture of Palestine." (Mr. Abdel Jawad Saleh, A/AC.145/RT.566) "From the first day of the Gulf war, the whole Gaxa Strip was an isolated place and about 156,060 Palestinian workers were prevented from going to their place of work for more than 45 days. If you know the economical situation of these workers, which is such that, if they do not work today, they can't eat tomorrow, you can imagine what their economic and social situation was during those 45 days of curfew. .. . "In Gaza only, about 10.000 workers, if not more, have no work since the beginning of the Gulf war, some of them even since the beginning of tire magnetic cera policy. "Since the average number of persons in a family would five, it means that around 350,000 persons are without any life and this now for a period of four or five months as a the exception of some of them who are refugees and receive UNRWA. It is easy to imagine the impact of this policy in field, in the social field and also in the health field." (Mr. Jamal Zaqut, MAC.1451RT.571) 341. Reference was also made to the deterioration of the health be about resources for minimum, with some help from the economic conditions8 "The health conditions in the occupied territories are extremely and they have become worse bad. They were bad even before the intifaaah under the conditions of the intifadah. As I noted while visiting the wounded people at Al-Ittihad hospital in Nablus, there was not a single vacant place - so much so that the women about to give birth to a child had to leave immediately after the delivery, because there were not enough beds. In addition, many wounded people were unable to go to hospital because the occupation forces attacked the hospitals constantly, searching for people. So, we were obliged to open temporary field clinics. Even these ones, when discovered by the occupation forces, / ... A/46/522 English Page 105 would be attacked and confiscated. We also have a problem of shortage of because the Order6 for supply are given by medical supplies and drugs, the occupation authorities. There is also a high mortality rate among Many case6 of death could have been avoided, had the children and youth. Also and unfortunately, we had many we had enough medical supplies. cases of wounded people who could not be treated in our clinics, not to mention the enormous sums of money that are required from the patients if they go to the government hospitals." (AnOn~Ou6 witness, A/AC.145/BT.559/Add.l) 342. Dr. Nacri Khoury stated in this connection: the West Bank of being built. Since closed, 60 that in an actual decrease 1,803 in 1985, which is increased by roughly one. There is "At the time of the occupation, there were in 12 hospital6 functioning and 3 were in the prOCe86 that time, out of this total of 15, 6 have actually 9 hospitals are still existing. This ha6 resulted of beds in those hospitals, from 2,220 in 1967 to a decrease of 417 beds, whereas the population has 500,000. "The reasons under-funding for for closure6 the hospitals. of hospitals .. . are more than "Hospitals have closed down, . . . for instance, a hospital th&t was being built in the Sheikh Jalah region (which i6 Close to Jerusalem) was transformed by the Israeli authorities into a centre1 police station. Another one in the Nablus region was transformed into a prison, 60 that these hospitals under construction were Ulthnately used for other The ho6pitals that were existent had their budget slashed purposes. significantly over the course of the occupation. .. . *'Furthermore the ability to receive equipment was always hampered by Israeli government bureaucracy, such as taxations, delays in granting licence6, etc. . . . This resulted in the aCtUa1 Services in the hospitals deteriorating and in some instance6 to the point that the medical. facilities were dwemed by the Israeli aUtbOritie6 a6 being unfit, unsafe, like for example the Hospice Hospital in Jerusalem, which was forcibly closed down, as it was deemed to be unhealthy. True enough, it was unhealthy, but the reason for it being unhealthy was the long process of under-funding, etc. . . . '*The general situation throughout the occupation has made it difficult for doctor6 for instance to return and practise. This means that there is a deficiency of a number of specialties. . . . Altogether, the medical situation in Y987, jufit before the intifadab started, was so poor and in fact worse off than it had been in 1967, not taking into account 20 years of medical and social development that should have taken place in a country or geographic entity. I... A/46/522 English Page 106 "Unquestionably, the medical set-up was not prepared to receive the very large number of people injured as a result of Israeli army practices or Israeli army injuries caused among the civilian population, which This has meant that those injured by the essentially are war injuries. Israeli army have not received adequate or appropriate medical treatment and it has caused them to suffer z number of complications which in a proper medical setting they would not have suffered. This includes all the medical services that are to be delivered. For example, in the absence of a qualified anaesthetist, the patient might die fxom an anaesthetic death. In the absence of a radiologist, a poor diagnosis may result in inappropriate treatment. In the absence of medicines and medical facilities, a wound could get infected and cause all sorts of complications in the long run." (A/AC.146/ET.566) 343. An anonymous physician in the occupied territories: also referred to the lack of proper medical care "The main problem is that the people in the occupied territories are usually not allowed to get treatment insidn Israel. At the same time, they are prevented from developing their own medical services as we would This means that there are two different standards of like them to. and the other one for the occupied medical care. one for Israel territories. I have seen myself in the occupied territories cases that needed much more treatment which was not available and we would have liked them to be treated inside Israel. With a few exceptions, this was quite impossible, because the insurance that people have in the occupied territories does not cover treatznent inside Israel. Every case needs a special permit, which has to go, not through medical people, but through army administrators and they have to decide which case will be granted treatment inside Israel and which one will not. For example, we are now trying to arrange a heart operation for an infant, one and a half years old, who needs an operation that cannot be done in the hospitals of the occupied territories. So far, we have not been able to get the financial coverage for hospitalisation in Israel and for the operation." 344. The same witness the health situation referred to the negative during the Gulf war: effect of prolonged curfews on "During the war, the prolonged curfew lasted fot one month and a half. During that time, People were prevented from going directly to hospital. Doctors were given permission to go during curfew in a very limited way. So, we appealed to the High Court of Appeal to arrange for doctors to get permits to move during curfews. We even won this case, but the winning occurred after the war was over, so there was no point any more. " (A/AC.145/RT.57?) 345. A number of witnesses rights and the discrimination workers: mentioned the denial of the Arab workers' social they were subjected to as compared to Israeli A/46/522 English Page 107 "The Palestinian labourers do not receive the thirteenth month, they do not receive sick leave, or annual leave, or cost of living, or social security, or medical insurance. "I rememberan incident which concerned a Palestinian worker in the occupied territories. I am talking of a worker who was working in a quarry, where bulldozers are used for breaking large stones and rocks. Each one of these rocks can weigh up to 20 tons. One day, one such rock fell on a worker in the quarry, and he was literally flattened down on the ground. And since the law is no law, there was no insurance for him." (Mr. RadwanAhmedMohammad Ziadeh, A/AC.145/RT.559) "The Israeli workers had guaranteed social rights, not the Arab workers. The Israelis benefited from sick leave, annual leave. They used to work eight hours only, with a break of half an hour for lunch. But we worked about 9 or 10 hours. Usually, we were given the harder jobs and they were given the more comfortable work, like sitting in offices. . . . "So far, I have not heard of a single Arab worker who was able to get a pension after retirement. But the Jew get6 his pension, as soon as he reaches the age of retirement." (Anonymouswitness, A/AC.145/RT.570/Add.l) "The worker who used to work in IsraeI and earn for instance 50 shekels a day would see written on his cheque an amount of 20 shekels only. So, when we raise a complaint, they would take into account not the mount of 50 shekels, but the amount written on the cheque. Wehave noticed also that workers who want to obtain their rights, for instance, if they want to get a work permit rapidly instead of waiting for 10 or 12 days, have to pay bribes of up to 1,000 shekels (almost 300 Jordanian dinars). . . . **TheArab worker gets a wage of 50 to 60 shekels a day, while the Ethiopian worker will be paid double this amount, that is 120. So, the Ethiopian worker gets a higher salary, but still the Jews would prefer to employ him rather than employ the Arab worker." (Anonymouswitness, A/AC.145/RT.560) 346. Mr. Mohammed Melhem, member of the Executive Committee of the Palestine National Council, referred in his statement to the severe water and power shortage in the occupied territories: "Regarding the institutions, a village council in the south of the West Bank for instance had been telling me that for the last six months the main water feed line to the village had been closed so nobody was allowed to take any water and that the Israeli water authorities would not allow them to take water unless they accept the village council appointea by the Israeli authorities. The village haa an elected village council, which the Israelis dismissed, wanting to impose on the village I... I A/46/522 English Page 108 people certain names. The inhabitants resisted. they did not want to have collaborators to take charge of them. That is part of the problem. I have been told, the power system had broken down, In the same village, some motors were damaged. The village people had aid from outside to repair these motors or to buy new ones. The Israelis would not allow them to bring the funds from outside, in order to put pressure on them and have them connect their power system to the regional system controlled by the Israelis." (A/AC.145/RT.560/Add.l) 341. Accounts on the economic and social situation in the occupied territories be found in documents A/AC.145/RT.559 (Mr. Radwan Ahmed Mohammad Eiadeh); A/AC.145/RT.559/Add.l (an anonymous witness); A1AC.1451RT.560 (an anonymous witness); A/AC.145/RT.560/Add.l (Mr. MohammadMelhem): A/AC.145/RT.564/Add.l (Mrs. Soad Turkoman): A/AC.145/RT.566 (Mr. Abdel Jawad Saleh: Dr. Nasri Khoury): A/AC.145/RT.569 (Mrs. Manal Achour); A/AC.145/RT.569/Add.l (an anonymous witness); A/AC.145/RT.570/Add.l (two anonymous witnesses); A1AC.1457T.571 (Mr. Jamal Zaqut); and A/AC.145/RT.573 (two anonymous witnesses). mey Writtenmet 346. On 10 May 1991, it was reported that the Minister of Health, Ehud Olmert, with the Director-General of the World Health Organisation (WHO) and protested to him about a draft resolution to be considered by the World Health Assembly, which condemned Israel for its health policy in the territories. (Ba'aretx, 10 May 1991) 349. On 7 July 1991, it was reported that in the framework of measures taken in response to the decrease in the level of violence and the beginning of normalisation in the major towns. it was decided by the security establishment to reduce the level of taxation in the territories. Income tax that resident6 of the territories have to pay to the Civil Administration will be lowered. Heads of families whose monthly ealery is no more then WJIS 600 ($240), or whose yearly salary is NIS 7,000 ($2,600), will be exempt from income tax. The general tendency is to lower the level of taxation in the territories to that existing in Israel. In addition to the lowering of taxes, it is intended to allow local businessmen to receive money from Saudi sources, so that they can invest in the territories without PLO mediation. (w, 7 July 1991) 350. On 17 July 1991, it was reported that, for the first time since 1967, an election for the Gasa Strip Chamber of Commerce would be held at the end of July. The holding of the election has been approved by the Defence Minister in the framework of the new policy of the security authorities to promote economic activity in the territories. (&'aretS, 17 July 1991) 351. On 31 July 1991. it was reported that elections had beer held in Jericho, for the local chamber of commerce, and in Hebron. for the lrcal Red Crescent Both elections were won by Fatah supporters. (IJa'arets, association. 31 July 1991) /. *. A/46/522 English Page 109 (a) Freedom 352. Different measures various testimonies: 353. Mr. Mohammed Melhem resulting from limitations Gulf war: restricting freedom Of movement were referred t0 in referred in his statement on freedom of movament to the restrictions imposed during or since the "In the last two or three months, no Arabs were allowed into old Jerusalem, or beyond the 'red line', unless they had a permit. But Jerusalem was closed even for Muslim worshippers, . . . some Arabs did go into Jerusalem and passed the checkposts. By the end of their work day, they went back to the occupied territories. The same checkpost was then stricter with them, the ID cards were taken away and the people were charged fines amounting to 350 shekels per person. In other words, it was like a planned trap, because the Israelis knew that these people were not allowed in, but they let them go and then they caught them on their way back in order to fine them. . .. "In recent times, there has been a wave been going on ever since 1967. But now they in towns and villages and for longer periods curfew, the populations of the villages were even to the East Bank, or their sons were not borders of their town." (A/AC.l45/RT.56O/Add.l) 354. An anonymous witness referred to these of curfews. Curfews have are used on a larger scale of time. And after the not al?owed to leave, not allowed to leave the in the following terms: limitat;ons "After the end of the Gulf war, they prevented the workers from going into Israel. The only workers who were permitted to go were those who worked regularly and were registered with the employment office. Other workers could not get in. In the beginning, they allowed only 1,000 out of 100,000 workers to go to Israel to work. About 35,000 private cars were prevented from catering Israel. They brought some buses owned by an Israeli company called Egged and obliged us to use them." (A1AC.1451RT.5701Add.l) 355. Mr. Radwan Ahmed Mohammad Ziadeh civilians in the occupied territories referred to difficulties in obtaining a driving faced licence: by the "Anybody in the occupied territories who asks for a driving licence must first of all have a certificate of good conduct from the Israeli intelligence, with all security justifications - and these are unending. All circumstances, the very life of the person who asks for the licence, are studied, whether he has previously been in prison, or accused of /... A/46/522 Enqlish Page 110 anything, whether he has any activity, or has friends who are active, whether he has a national incliuation and what kind of inclination, whether he works, whether he works within the Israeli projects, or whether he works within the borders of 1967. All these questions are taken into consideration, and even more. From the Israeli security point of view, getting a driving licence is an important factor. A driving licence means that the person has a way of communication and could reach other people or carry out actions against the Israelis. These are the obstacles before getting a driver's licence. It is not easy to get a driver's licence, it is a whole story. Not every one in the oacupied territories can go outside the borders. Not every Palestinian can get employment within the Israeli projects (in other words the projects of the 1946 borders). So, if somebody has not been in prison, if he is not close to militant activity or to somebody who is close to it. he might succeed." (A1AC.14WRT.559) 356. Another arrest: anonymous witness recalled her personal experience under house "They imposed house arrest on me for six months. . . . I was asked to report every day to the administration office and sign to testify that I was present. I had to take my child with me, as he was too young and I couldn't leave him anywhere. I was not allowed to go out of Nablus, not even to the neighbouring villages." (A/AC.145/RT.559/Add.l) 357. The samewitness mentioned the difficulties leave the territories: she encountered in order to "I tried to travel abroad after my husband was deported. I tried to go to Lebanon, but I was prohibited from doing so. Since 1984, I had been prohibited from going to Jordan. I had tried to go to meetings abroad, but I was prevented, even at the airport. I applied for permission to leave more than once and it was always rejected by ths security forces. Therefore I sought the help of a lawyer. without success. I went on trying. By that time, my husband had been deported over a year and a half. I asked also to appear before the High Court of Justice of Israel, because there is no law that would prevent a wife from joining her husband, but this request was also turned down. Finally, I was asked by the supremeCourt of Justice of Israel to sign a paper for the legal counsellor in Israel, to the effect that I would not be able to come back to the West Bank before three years elapsed. So, if I left, I would have to stay away for three years and under no circumstances would be allowed to go back before that. So, I hesitated a lot before accepting. Then, in view of the circumstances under which I was living, from a security as well as a social point of view, I had to leave, I was forced to leave and to come to Jordan. The paper I had signed was handed over to the officers at the bridge, so that they would block any attempt on my part to return before this three-year period." (A/AC.145/RT.559/Add.l) 356. Another anonymous witness stated in this regard: /... A/46/522 English Page 111 "We have to pay 100 dinars to get the permit. We Pay this sum at the Civil Administration headquarters. If they want to give it to me, they will stamp it. If not, they will refuse the application. My daughter camehere for medical treatment after her injury. Each time she comes, they search her. on the way out and on the way back. They completely strip us ot our clothes. They even search our hair. (A/AC.145/RT.565) 359. A witness who had come to Cairo for medical treatment mentioned specific difficulties faced by ex-detainees and by prisoners' relatives; "I have a red card. There are no restrictions. But the people who were in prison have a restrictive card and they are not allowed to leave their sector. It is a green card. . . . '*I had a great many difficulties, because my brother is in prison. So, when I applied and because every information is in the computer, they immediately told me 'No, your brother is in prison, how do you expect to leave the sector?'. As you know, the families of prisoners are punished with restrictions on their freedom of movement. It was difficult to get permission to leave. . . . "The application was rejected for a couple of months, then it was (Mrs. Manal Achour, A/AC.145/RT.569) granted." 360. Testimonies referring to the restrictions on the right to freedom of movement may be found in documents A/AC*145/RTT.557/Add.1 (an anonymous witness); A/AC.145/RT.559 (Mrs. Naila Ayich)) A/AC.145/RT.559/Add.l (an witness); anonymous witness): A/AC.145/RTT.560 (an anonymous A/AC.145/RT.560/Add.l (Mr. Mohammad blelhem); A1AC.1451RT.565 (an anonymous witness); A/AC.145/RT.567 (an anonymous witness); A/AC.145/RT.569 (Mrs. Manal Achour)) A/AC.145/RT.570/Add.l (an anonymous witness); and A/AC.145/RT.571 (Mr. Jamal Zaqut). 361. Mr. Abdel Jawad Saleh referred in the course of his testimony to the obstacles hindering the exercise of religious practices as a result of limitations affecting freedom of movement: * Information on this subject covering the period from 1 September 1990 to 30 November 1990 is to be found in paragraphs 201 to 209 of document A/46/65; information on the samesubject covering the period from 1 December1990 to 31 March 1991 is to be found in paragraphs 220 and 221 of document A/46/202. &.I~ /... A/46/522 English Page 112 '*Recently, with curfews, with identity card regulations, they have prevented Palestinians from going to Jerusalem and pray in their most sacred religious places. ... **It is a tradition of the Palestinians to go every Friday to Jerusalem and pray there, from all poiats of Palestine, but now they are not allowed to." (A/AC.145/RT.566) 3G2. Mr. obstacles Jamal Zayut referred hindering the right in the course of his testimony to freedom of expression: to various "I worked as a journalist in the occupied territories and I would like to mention a few points. From 1967 until today. the Israeli6 did not give any permission to publish a newspaper in the occupied territories outside Jerusalem. It is permitted in East Jerusalem only, as it is considered a piece of Israel. The newspapers published in East Jerusalem have to go tbrough military censure. The real editor of these papers is the censor, and not the Palestinian editor. It i6 enough to publish one photograph and the paper can be closed for a long time, as it happened with the Jerusal.e@ at the beginning of the intifadah when it published a photograph Prom Reuters agency about Nuseirat camp in Gara showing demonstrators and soldiers. It was then closed for 45 days. Many press service office6 and newspapers were closed on some pretest. If they want to close. they can find a reason. It is not difficult. w newspaper was closed in 1986, m was closed in 1986 as well. ... "Also many press service office6 were closed, in East Jerusalem and in the Gasa Strip. It is easy for them, it only needs the order of auy officer in the area. *'Many of the Palestinian journalists were arrested, without trial. I Shall mention some names, like Salman Khoury, sentenced to 45 months, or Rabha Al-Khoury, editor at s, arrested and detained for 6 monthe. * Information on this subject covering the period from 1 September 1990 to 30 November 1990 is to be found in paragraphs of document A/46/65. 210 and 211 /... A/46/522 English Page 113 "I would also like to mention the Israeli policy preventing foreign journalists from getting to the places where there is a problem. There is a rule according to which any soldier can sign an order declaring any area a closed military zone. This is specially aimed against foreign journalists, because they don't want the journalists to discover what is going on in the occupied territories." (A/AC.l45/RT.571) 363. Testimonies relating to the restrictions affecting the right to freedom of expression may be found in documents A1AC.1451RT.571 (Mr. Jamal Zaqut); and AlAC.1451RT.573 (an anonymouswitness). 364. On 12 April Arab Journalists' detention of five e military board 12 April 1991) 1991, it was reported that RadwanAbu Ayash, chairman of the Association, was being released from administrative months. He had been given a six-month term, but appealed to and his term was reduced by one month. (RR.&&& 3G5. On 13 May 1991. the Palestinian journalist Ziad Abu Ziad, from Eixariya near Jerusalem, was released from the Jneid prison in Nablus after six months of administrative detention. (R.a'aret&, 14 May 1991) 366. On 16 May 1991, the security forces arrested journalist Tawfik Abu-Hosa, an employee of Al-O-, who had served four years in jail for acting as leader of the Shabibah movement in the Gaxa Strip. (Ra'aret& 11 May 1991) (d) Ereedom Oral evidence 367. Mr. RadwanAhmedMohammad Ziadeh, a deported trade unionist, referred in the course of his testimony to limitations and difficulties hindering trade union activities in the occupied territories: "In 1979 we presented a request for permission to set up a workers' union. We contacted the authorities about 10 times in order to get such permission, but we couldn't get it. . . . We tried to contact the responsible authorities legally and otherwise for three years running, and this in spite of the fact that the West Bank is subject to Jordanian law-and is not subject to Israeli law. The labour laws of Jordan say k Information on thie subject covering the period from 1 September 1990 to 30 November 1990 is to be found in paragraphs 212 to 217 of document A/46/65: information on the samesubject covering the period from 1 December 1990 to 31 March 1991 is to be found in paragraphs 222 to 226 of document A/46/282. I... A/46/522 English Page 114 that if a number of workers in a particular profession (the minimum required being 21) present a request to the responsible euthorities for the setting up of a syndicate and do not receive any answer after three months, tbey can start their unionist action. In other words, it means that the authorities have to give a legal reason for not granting the permission. This is Jordanian labour law. . . . "So, we opened the headquarters for the union on the basis of the rule of the Jordanian law and we started working. We started defending the rights of our workers, who were working in Arab projects, not Israeli The labourers working in Israeli projects are subject to, are projects. members of the Histadrut, the Israeli labour union. The result was that all the leaders of the union were arrested and imprisoned overnight." (A1AC.14URT.559) 368. Mr. Jamal Zaqut, in the seme connection; another deported trade unionist and journalist, stated "Many Palestinian trade unionists are subject to all kinds of harassment from the Israeli army. Most of them face administrative and not only once, but twice or three times. Here I speak of detention, Gaza and the West Bank. Some of them were expelled, before and during Some of them were killed, and not during a the ma. demonstration. They were watched by the Israeli security and shot, like Ahmed Al-Rilani, who was a member of the executive committee of the general trade union in the West Bank. Be had been arrested many times. The last time, he was arrested and shot." (A1AC.1451RT.571) (e) Freedom 369. Several witnesses appearing before the Special Committee described the very serious problems affecting civilians in the occupied territories in the field of education. The prolonged closure of eaucation institutions as a result of the popular uprising was commented upon and aeplored by a number of who referred to the negative effects of such closures on academic witnesses, stanaaras: "The schools in Nablus did not work more than two months and even that was intermittent. The curriculum of stuay in Israel consists of courses. Each course should have a duration of a minimum of four to five months. During the period of the uprising, as far as the schools of our chilaren are COnCerned, the duration of the course was not more than two months and these two months were intermittent. During the early aays of th8 &kt&&&, the schools were completely closed. The universities have been closed all through. Even now they have not been re-opened. Consequently the academic year during the perioa I was there aid not exceed four months all in all, instead of nine months, ana this also with interruptions. When the children went to school, they used to stay a I... A/46/522 English Page 115 maximum ,f three hours, if at all. So, we depended mainly on the instruction given to them at home and you know, of course, that this is not as effective as instruction given in school. This is a problem we have had since the beginning of the m. In the first year of the uprising, there was no teaching whatsoever and the schools were closed. Later on, they re-opened, but for not more than two months for each course." (Anonymous witness, A/AC.145/RT.559/Add.l) "Since the beginning of the i&i&&& you cannot say that the children have fitudied. This year for instance, the pupils who were supposed to sit for the secondary school certificate have not had any The pupils and the students are being persecuted, they are lessons. being provoked." (Anonymous witness, A/AC.l45/RT.565) when all six Palestinian universities have been closed for the years, when you know that the Israelis do not pay anything for education, when you know that the schools, preparatory, elementary and secondary, are closed as well, you can imagine the psychological worry of fathers and mothers about their sons being illiterate. A few months ago, we received a report prepared by some researchers in the occupied territories. It is a survey on the fourth and sixth grades. The report indicates that in the fourth grade none of the students examined was able to write his name properly and none of them was able to solve a very simple mathematical equation (half one over In the sixth grade, the students were unable two minus one over four). to comprehend a paragraph in Arabic, and could not answer the questions about this text after they had been given time to understand it. This is The education standard is the lowest ever since 1967." very worrying. (Mr. WohemmedMelhem, A/AC.145/RT.560/Add.l) "Now, last three our higher "The schools and institutes were closea as of the start of the intifadah. The universities, with about 20,000 students, boys and girls, have been closed. The schools have been closed for long periods, as a matter of fact for more than half the time, especially in the West Bank. During the school year 1989/90, the average number of school days amounted to 140. A large number of schools were closed for longer perio&s. In five schools in Tulkarm, for instance, the school days amounted to 41 only for the whole school year. In Gasa, for instance, the Beni Suhaila preparatory school was closed for 135 days, the new Gasa preparatory school for boys was closed for 117 days and the girls' school for 114jlays. "In fact, when the occupation authorities announce the re-opening of a school, they open it for a day or two and in the first four months of the last school year, 29 per cent of the schools belonging to UWRWA in the Gaze Strip were closed. . . . **In many schools, departments such as laboratories, libraries, sports rooms have been closed and turned into classrooms, because of the shortage of space. Seventy-three per cent of the government schools in / .. . A/46/522 Enylish Page 116 the occupied territories do not have such essential utilities anyway. At in the West Bank and Gaoa were the beginning of the Gulf war. all schools (Mr. Osama Sayeh, A1AC.1451RT.563) closed as a result of the curfew." 370. the Reference was also made to the harassment of student6 lack of adequate equipment and teaching materials: and teachers and to "The pupil6 and the students are being persecuted, they are being I told my children to stay at home, because every time they go provoked. out, there are incident6 taking place. The young people are having a There is no education. The soldiers yo to the schools, difficult time. they provoke the pupils, they throw tear-gas, they enter the camp in This happen6 every day. order to provoke our young people. If they meet with a young man, they hit him. They kick the kids in the street. They kicked one of my children and he is now lying at home. He is six years old. A soldier kicked him for no reason." (Anonymous witness, A/AC.145/RT.565) "The harassment of the teacher6 took the form of ordering them to clean the streets for instance, to rub off the national slogans written on walls. The Israeli troop6 forced the teacher6 to do that in front of the students. Psychologically, it prepare6 the next step, that the students are going to be treated the same way and required to do the seme things. . .. "The SchoolG to have shortages in equipment are the ones supplied by These plainly have nothing. They are very primitive, the authorities. they are backward schools, they lack libraries, they lack books, they have no labs. The parents of the students are forced to buy the school books. And if the authorities do proviae some equipment, it is not sufficient for all." (Anonymous witness, A/AC.145/RT.569/Aaa.l) 371. The obstacles alternative popular hindering effort6 to provide children and student6 means af education were also mentionear with "The basic problem facing the action committee was that of providing the necessary places for education and making amends for the fact that the schools were closed. It was strongly objected to by the occupation authorities. However we tried to carry out this sort of education in houses instead of public places. And then even the children were exposed to ill-treatment whenever the occupation authorities saw them gathering The children were also in a specific place to receive their lessons. exposea to beating, tear-gas and even bullets." (Anonymous witness, A/AC.145/RT.559/Add.l) "Many Palestinian educator6 have initiated a new method, a new of education, which could develop into a new theory of education. But instead of permitting these people to develop their own culture, their own particular cultural activities, the Israelis have ieeued military order6 to prohibit an educator or non-educator from being system / ..a A/46/522 English Page 117 involved in this kind of activity, be it formulating new systems of education or even simply teaching students. Many times, when teachers were teaching small groups of pupils in houses, these were attacked, the teachers detained and students dispersed." (Mr. Abdel Jawad Saleh, A/AC.145/RT.566) 372. The motives behind and effects of the denial of access to proper education and to cultural rights were also mentioned in some testimonies: "Of course, human beings do not inherit culture That is why the Israelis have closed have to learn. in order to deprive the Palestinians of universities, development, in order to destroy the basic traits of personality. . .. and education. schools and any social the Palestinian They "Another feature of this cultural genocide is the destruction of the structures of the educational system and of culture. Culture is how to dominate your environment, how to harness it for the benefit of the individual. One of the means of doing it is by providing young people with vocational education. This is denied to the Palestinians, as for instance no agricultural section is being allowed at university, although agriculture constitutes the main sector in the Palestinian economy, and also as there are only very few vocational schools open and run in the (Mr. Abdel Jawad Saleh, A/AC.145/RT.566) occupied territories." "Children drop out of preparatory schools, they drop out of secondary schools, to the extent that only a small number eventually reach either one of the certificates and an even smaller number go on to university education. start "Another looking result of students for work, anything dropping out from school and everything. .. . is that they "This is not a short-term policy. This is a strategic planning which is being carried out by the Israeli State. The object is to bring The Palestinians do not have many the Palestinian people to the brink. They have limited resources and they depend to a economic capacities. very large extent on their education as a weapon, so that they can have jobs, go abroad and improve in their profession. Depriving them of this possibility is depriving them of one of their main weapons for life, of the basic mainstay of the Palestinian society." (Anonymous witness, A/AC.145/RT.569/Add.l) 373. Accounts on the restrictions to the right to freedom of education may be found in documents A1AC.1451RT.5571Add.l (an anonymous witness); A/AC.145/RT.559/Add.l (an anonymour: witness)8 A/AC.145/RT.560/Add.l (Mr. MohammadMelhem); AlAC.1451RT.563 (Mr. Osama Sayeh); A1AC.1451RT.565 (two anonymous witnesses): AlAC.1451RT.566 (Mr. Abdel Jawad Saleh); A/AC.145/RT.569/Add.l (an anonymous witness)t and A/AC.145/RT.570/Add.l (an anonymous witness). / . .. A/46/522 English Page 118 On 29 April 1991, the Defence Ministry announced its decision to reopen the Islamic University in Hebron, which had been closed for IO months. Security sources said the closure orders affecting the Al-Najeh and Beir Zeit Universities would, for the time being, be extended. (&'aretR, J&R~&s~ Post, 36 April 1991; m, 6 Day 1991) 314. 375. On 21 August 1991, the Coordinator of Activities Maj.-Gen. Danny Rothschild, had talks with the chairman of the Gasa Islamic College and its trustees. He said he would "weigh positively" their request to reopen. On 22 August 1991, it was reported that Defence Minister Arens had authorised the reopening of Al-Najah University in Nablus, as at 1 October 1990. The University had been closed since the beginning of the uprising. On 1 September 1991, it was reported that the Bir Zeit University was ordered closed for another three months. Sir Zeit is the only university in the territories to remain closed. (w, Jerusalenr, 22 August 1991; Ha', 1 September 1991) 3. 376. Mr. HassanOdeh AhmadOdeh referred in the course of his testimony to the tension and fear caused by the presence of settlers close to his village: good land is taken by the Jews. msY land that they don't take. I have a I do not go to piece of land near the settlement close to our village. that land, because I am afraid that they might harm me, hit me, or shoot me. I cannot send my wife or my children to go there, because I am scared." (A/AC.l46/RP.559) use it, the the "Talking about my village, they cultivate it, even 377. An anonymouswitness referred settlers in his village: to acts of aggression perpetrated by Every two or three days, the Jews "They pass through the village. come. They try to remove the slogans we write, they fire tear-gas and break everything on their way. They harass the young people. The young people are facing many problems, so are the women. They oblige the women 6 Information on this subject covering the period from 1 September 1990 to 30 November 1990 is to be found in paragraphs 218 to 223 of document A/46/657 information on the semesubject covering the period from 1 December 1990 to 31 March 1991 is to be found in paragraphs 221)to 230 of document A/46/262. I... A/46/522 English Page 119 to come out of the houses and remove the slogans from the walls. They impose fines on the people writing slogans , who don't care and go on writing slogans. .. . seven months ago, a school was attacked, the settlers had and wanted to beat the children. So the school director submitted complaint to the Civilian Administration and Jewish guards were posted around the school. They kept controlling the school for five or six months and then went away." (A1AC.1451RT.560) "About come a . miafarmation* 376. On 21 April 1991, it was reported that eight villagers from Karyut, near Nablus, had petitioned the Bigh Court of Justice claiming that settlers from the nearby settlement of Eli had forced their way into their lands and started, with the use of a bulldozer. uprooting hundreds of trees and vines. (&&&I&& 22 April 1991) 379. On 12 May 1991, a serious incident occurred at A-Ram junction, north of Jerusalem, when several settlers from Shiloh opened fire at an Arab minibus, injuring Abdullah Amin Farahat, aged 4, and Abed Ataf Abu Sherkeh. aged 5. The settlers later claimed that passengers in the minibus had thrown cans at their bus, and that it had tried to run them off the road. Police arrested three settlers and confiscated weapons from seven others. One of the injured boys had to be hospitalised. (w, Jerusalem Post., 13 May 19911 Al-Fair, 20 May 1991) 380. On 8 June 1991, a dispute over gracing rights between a settler from Susiya, in southern Mount Hebron area, and au Arab shepherd from Yatta, turned into a shooting incident in which the settler, Baruch Yelin (27). opened fire, killing some 20 sheep and hitting the shepherd, MuhammadNawaj'a, who later died of his wounds. The settler reportedly told the shepherd to take his sheep auay from the grasing area that is within the settlement's area; the shepherd refused and the settler shot and killed Borne of the sheep. The shepherd alerted family members and local youths who beat the settler with sticks. The settler then opened fire, hitting the shepherd. On 9 Juns 1991, the settler was remanded for 12 days. On 20 June 1991, he was remanded for a further eight days. (Ka'aret&, B, 9, 10 and 21 June 1991) 381. On 15 June 1991. Rabbi Uoshe Levinger fired shots in the air in the Hebron market place, apparently after stones were thrown at him. He also kicked a local resident and overturned two vegetable carts. Soldiers who were e Information on this subject covering the period from 1 September 1990 to 30 November 1990 is to be found in paragraphs 224 to 226 of document A/46/65: information on the same subject covering the period from 1 December 1990 to 31 March 1991 is to be found in paragraphs 231 and 232 of document A/46/282. / . .. A/46/522 English Page 120 present warned him t0 stop, but he Went reported that tho soldiers had reported behaviour. The Hebron police auuounced questioning on the basis of complaints sold&era. (uaret9, 18 June 1992) on. On 17 June 1991, military sources to tbQ Bebron police about Leviager's it would summon Levinger shortly for from two residents and several 382. On 27 June 1991, a group of Israelis, believed to be settlers from Shavei Shomron, BomQsh or Sitehar. rampaged through the village of Beit Umrin, north of Nablus, destroying property , smashingwindows and care and setting fire to a cornfield. Troops called by villagers rushed to the scene and arrested sin Israeli6 after a chase. According to reports the settlers fired shots, shot at solar heaters, took a TV set from a house and smashedit on the ground, broke furniture in 15 houses, painted Stars of David and Hebrew slogans and beat two women. (Jerusalem Post, 28 June 1991) / .. . A/46/522 English Page 121 9-l evrU . 383. The Special Committee heard extensive evidence from several witnesses about the treatment of detainees and harsh conditions of detention. Most witnesses referred to their personal experience covering in some cases long and repeated periods of detention and concerning the difficulties faced in sevt, al detention centres, in particular since the start of the popular uprising and the unprecedented increase in the number of detainees resulting from it. Most testimonies denounced the various forms of ill-treatment, such as physical torture and violence, isolation in solitary confinement, psychological humiliation and intimidation, sexual harassment and measures of punishment. It was stressed that the worst conditions were usually faced during 'interrogation. The overcrowding of cells, the use of tents lacking all necessary facilities, the lack of proper sanitary equipment and medical care, adequate food and clothing, the denial or restrictions of the right of access to lawyers, to family and Red Cross visits, and to cultural material were also cited among issues frequently referred to by en-prisoners. Reference was also made to specific problems faced by minors and women prisoners, as well as to the harassment and humiliations that relatives of detainees were faced with. Particularly harsh conditicus endured in some specific detention camps such as Ansar 3 (Ketsiot) in the Negev desert inside Israel itself were also described in some testimonies. It was mentioned that several hunger strikes aimed at ameliorating the treatment of detainees had taken place. 384. Hereunder are a few relevant excerpts from these testimonies: "I want to say what happened to me during those two days of detention. They tied my body with wire. They took my broken arm and put it on a big stone, fixed it and hit it with stones. Because of the bruises, it had to be operated again later on. I used to see with my now I cannot see well. I have some medical reports about that. My eyes, leg was broken and it had to be operated also. They treated me very badly." (Anonymous witness, A1AC.1451RT.562) "In the prison, they acted very inhumanly with the young men who were there. At one time, it was raining, the tent flaps were lifted, the whole tent was flooded with water and the young men had to sleep inside. They would also wake them up in the middle of the night, at one or two in the morning, make them stand out in the rain and insult them. They would also interrogate the prisoners at night, their hands tied behind their backs, their eyes bound. They used to beat them and insult them deeply." (Mr. Hassan Odeh Ahmad Odeh, A1AC.14WRT.559) "I remember a simple incident, which prisoners, in July 1988. The temperature young man had gone to the bathroom, to the his tent, as it was impossible to stay out second buttons of his shirt were undone. happened was close toilet, in such This was in front of 1,150 to 50 degrees and a and was returning to heat. The top and not allowed and the / ... A/46/522 English Page 122 guard called him and asked him why he had undone the buttons of his shirt. The punishment he received was to stand in the sun for two hours. Before this time elapsed, he had suffered a sunstroke and was sent to the doctor." (Mr. Raawan Ahmed Mohammed Riadeh, A/AC.145/RT.559) "When I went to visit him [the witness's Son] in pri.SOn, I found Out that for three months he had not been able to have a bath. or wash his He couldn't do anything. His clothes were clothes. He did not shave. all torn. His hair was 1OAcJand full Of lice. I went to the Red Cross aa informed them about my BOA, saying that he was a young boy of 15 and had been interrogated for three months. somebody of the Red Cross went to visit him in prison. This lady told me that he needed new clothes. So I bought some underwear for him, some sportswear, slippers, soap and Later on, they toothpaste, and sent it all to him through the Red Cross. transported him to Megiddo prison, within the Green Line. We went to visit him twice. After the war, I visited him another time. Then visits were completely banned and I was not allowed to send him any clothes, so the conditions became similar to those in the Negev prison, where A0 visits are allowed. This Negev prison is known all over the world. Normally, prisoners are allowed to receive visits from time to time. But there they were not allowed to receive any visits or any clothes from their families. (Anonymous witness, And they are young." AlAC.1451RT.565) "I was in a tent. The tent had boards of wood, very narrow, where one had to sleep, two persons on each board. No sheets, we had one blanket underneath and one blanket 01) top. It was humid, there was water under the boards. Later on, the level of the water rose over the boards. Also many of the tents flew away." (Anonymous witness, A/AC.l45/RT.562) "Ansar 3 prison is a grave for the liV.rAg, if I can use this expression. It is-a tomb. For instance fOO& the quantity is not sufficient, the quality is non-existeat, we get the same breakfast, the same lunch, the same dinner for ever practically. Once, six or seven kilos of tomatoes were distributed on 1,150 prisoners, who had not tasted tomatoes for a long time. As a matter of fact, they did not eat them. It wasn't worth eating, they put them there just to look at. The lawyers could visit the prisoners once a month, for 10 minutes only, and they were insulted as well, like the prisoners. Family visits were denied. Since the establishment of Ansar 3, A0 one received a family visit, because the military rule stipulated that the family of any prisoner wishing to visit him should have prior permission. It was AOt possible to get permission unless one would refer to the Civil Administration, pay the taxes, renew the ID card, the driver's licence, pay the water, the electricity, etc. . ..'I (Mr. Radwan Ahmea Mohammed Ziadeh, A/AC.l45/RT.559) I... A/46/522 English Page 123 "We were given very little to eat, half a green pepper, two olives, one spoonful of jam and a small slice of bread. They gave one gallon of water for 30 persons per day, for all purposes, to drink, clean yourself, (Anonymouswitness, A/AC.145/RT.562) clean the plates, everything." "They were trying to treat the children in a way to handicap them for their future, when they becomeyoung men. They used to frighten and terrorioe them. They concentrate on the younger ones, because they are the generation that will be marred by the occupation. It is the generation they are frightened of, so they try to demoralise them, to beat out the resistance from us. They did i,ot treat me as a child, they treated me like the others. They used to beat me as they were beating the adults. For instance, I would be sitting and somebodywould come from behind and hit me hard. I used to scream and live with fright throughout my imprisonment." (Anonymouswitness, A/AC.145/RT.557/Add.l) "1~ prison, I had to go through enormoussufferings, together with at all my son, as he was the only child there. There were no facilities The weather was very cold at the time. Clothes were not for a child. enough, food was not enough. Even psychologically, the conditions were not good for a child to be in that prison, to stay in a very limited place, in a small cell of 2 by 1.5 metres where he could not play, where the smell was bad, without a bathroom. As a result of such deplorable conditions. my child fell sick three times. I had to take him to Again, they covered my eyes and tied my hands. I suffered a hospital. lot because I saw how bad the situation was for my baby. . . . "I spent one week or 10 days in prison without my son. When they brought him to me through the partition and he saw me, he started smiling. I asked the prison guard to permit me to carry him, they refused to let me hold him or kiss him, even through the partition. My son was laughing and crying at the sametime. There were many visitors at that time and seeing this, all the people started crying and it all turned like a tragedy." (Mrs. Naila Ayich, A/AC.145/RT.559) "Concerning the cultural aspect, for many years we were deprived of any access to information or culture, although we had a lot of leisure and time. We could at least have educated ourselves, as long as we had nothing else to do. But we were prohibited from reading, even religious books in somecases. After a long struggle, we ware able to obtain the right to get somebooks. Until now, however, certain books are prohibited." (Mr. blahmud Ibrahim Shawahin, A/AC.145/ET.557) VWhen go to visit the detainees in prison, we are subjected to a we search. It happened to me, I had to undergo this search. For the Israelis this process does not involve any respect for humanrights whatsoever. When a womanis subjected to such a search, they make her take off all her clothes. This happened to me personally. I had to go to the search room. The woman guard looked at my clothes and could see that I was not carrying anything, but she insisted that I had to take off all my clothes, if I wanted to be allowed to see my husband. Only then / .. . A/46/522 English Page 124 after the search, was I allowed to go and see him. The Israelis treat the visitors very badly. They shout at them." (Anonymouswitness, A/AC.145/8T.560) "I have met an individual who came from Ansar 3. This place is in the Negev, with a very high temperature in the daytime, and a very low temperature at night. These wide fluctuations of temperature cause a large number of rheumatic diseases. It is very common amongthese people to find rheumatic diseases, back pains, joint pains, etc. . . . The medical conditions in those campsare very poor, I am told. Whenthe prisonors seek medical attention, they do not get properly examined and when they do get examined, they predominantly receive analgesics, pain-killers, and not necessarily the proper medication. Of course, pain-killers make you feel better. It gets you over the discomfort of the pain, but does not necessarily treat the cause of the suffering." (Dr. Nasri Khoury, A/AC.145/RT.566) 305. Testimonies relating to the treatment of detainees may be found in documents A1AC.1451RT.551 (Mr. Hassan Kawasmy; Mr. Abdel Rahman Kassem; Mr. MahmudZbrahim Shawabin)r A/AC.145/RT.557/Add.l (an anonymouswitness); A/AC.145/RT.559 (Mr.Radwan AhmedMohammad Ziadeh; Mr. Hassan Odeh AhmadOdeht Mrs. Naila Ayfch): A1AC.1451RT.560 (an anonymous witness): AiAC.1451RT.562 (an anonymouswitness): A/AC.145/RT.565 (an anonymous witness)7 AiAC.1451RT.566 (Mr. Abdel Jawad Saleh; Dr. Nasri Khoury); A/AC.l45/RT.569 (Mrs. Manal Achour): A/AC.145/RT.569/Add.l (an anonymous witness)r A/AC.145/RT.570 (Mrs. Adla Kandeel): and A1AC.1451RT.571 (Mr. Jamal Zaqut). 386. On 1 April 1991, the Haifa District Court extended the detention of Fares AWed Barud (30), by 15 days, pending another hearing, with the presence of the lawyer appointed for him, Adv. Uuein Dabah, on the defendant's request to be transferred to another detention place on the grounds that Jewish detainees were beating him. Sarud is accused of killing an Israeli civilian, Mordekhai lioichman, from ladera, and of attempting to kill three others. (m'aretp, 2 April 1991) 387. On 2 April 1991, four Arab Knesset members visited the Ketsiot detention centre and heard from the detainees complaints about the insufficient quantity of food and inadequate medical treatment in the facility. The detainees complained about not being allowed to receivs books, newspapers and radio and TV sets. The detainees' main complaint was about the lack of visits by their This was reportedly due to the families' refusal to ask for permits families. * Information on this subject covering the period from 1 September 1990 to 30 November 1990 is to be found in paragraphs 227 to 236 of document A/46/65; information on the samesubject covering the period from 1 December1990 to 31 March 1991 is to be found in paragraphs 233 to 237 of document A/46/202. / .. . A/46/522 English Page 125 for visits from the Civil Administration and their demand that requests for The visiting Knesset members, such visits be submitted through the Red Cross. together with the detainees' committee, drew up a proposal under which the families would submit requests for visits to the Red Cross and the latter would pass the requests to the Civil Administration. The proposal was cabled to the Defence Ministry for approval. (&a'aret& 3 April 1991; Al-Fair, 8 April 1991) 3813. On 16 April 1991, the father of a 12-year-old boy from East Jerusalem petitioned the High Court of Justice asking it to order the police to release his sou. The boy was arrested on 31 March 1991. On 11 April 1991, the father was allowed to attend a hearing on a request to extend his son's detention. The boy was crying and told the judge he had been tortured by electric shocks and cigarette burning. When the boy wanted to show the judge his alleged torture marks the judge said this was not necessary. The boy. whose detention was extended by six days, told his father that the interrogators threatened him with sexual abuse unless he confessed. No identifying details were given. (&&E&R, 17 April 1991) 309. On 19 April 1991, four Palestinian minors held in Hasharon prison were injured when guards used tear-gas to restore order, after some 50 inmates started smashingobjects and pushing guards. The four were injured when the guards forcea the inmates back to their cells and locked them up. They were treated in the prison's clinic. (Jerusalem Post, 21 April 1991) 390. On 23 April 1991, the Chairman of the Knesset Law Committee said that the committee would discuss the Betzelem report on the torture and ill-treatment of Palestinians during interrogation. The Chairman added that the Committee would also look into the research methods of the humanrights group. On 12 May 1991, it was reported that the Chief of Staff Ehud Barak had appointed Gen. (res.) Rafael Vardi to investigate claims madeby Beteelem, on the baais of interviews with 41 former prisoners, that Palestinian prisoners have been physically abused during interrogations in military prisons. Gen. Vardi served as head of the military police, Commander the West Bank and of Coordinator of Activities in the Territories from 1967 to 1974. Gen. Vardi was to visit places of detention, question soldiers and officers and interview Palestinians who alleged having been ill-treated. The Betzelem organization said it continued to demandthe setting up of an independent cozxnission of inquiry that would be authorized to investigate all the aspects of the phenomenon,-andnot merely the IDF's part. According to Betzelem, the principal element responsible for ill-treatment of Palestinian detainees was the GSS, which was beyond the scope of the army's investigating officer. On 15 May 1991, the Minister of Police, Ronnie Mile, told the Knesset plenary that a joint team for the GSSand the Ministry of Justice had been set up to look into the allegations included in the Betselem report, as well as other allegations concerning GSSinterrogators. "After receiving the recommendationsof the team, we will decide whether to broaden the investigation and draw operative conclusions*', the minister said. Be added that after the Betzelem report was published it was examined carefully, and it turned out that someOf the complaints mentioned in the report had already / . .. A/46/522 English Page 126 and the findings passed on to the Justice been examined by a GSS comptroller, Some of the complaints were still in various stages of Ministry. examination. In other cases, it was impossible to identify the complainants in order to investigate the allegations , and the Justice Ministry had asked Beteelem for details to enable the Ministry to carry out en investigation. (m Post, 24 April 1991; E1[B'arets, $erusalem Pa&, 12 and 16 May 1991) 391. On 24 April 1991, the State Attorney's office informed the High Court of Justice that the fDF baa introduced, as at 1 April 1991, a new arrangement permitting lawyers to hold private discussions with their clients held in tents inside IDF bases in the territories. A soldier would be watching the meeting but would stand out of hearing distance. The announcement was made in response to a petition to the High Court by Adv. Leah Tsemel and ACRI. The temporary detention facilities were set up in August 1968 in Hebron, Bethlehem, Ramallah, Nablus, Tulkarm, Jenin and Jericho. They consisted of tents inside IDF bases, where persons caught after stone-throwing ana similar Initially it was intended to limit the stay in such disturbances were held. facilities to 46 hours, but owing to the pressure in military courts, detainees were held there for up to seven days before being transferred to official detention facilities. Because of these circumstances, lawyers could see their clients for the first time in court, as the IDF refused to allow lawyers to enter IDF bases to meet with their clients. Under the new arrangement meetings would be held without any limitation on their duration and without prior notice. Following the announcement by the State Attorney's office the nigh Court decided to suspend the hearing of the petition for two months to allow time to examine the functioning of the new arrangement. (L(a'are& 25 April 1991) 392. On 7 May 1991, the Prison Services spokeswoman confirmed a report that a Palestinian prisoner, Intisar Elkak (191, was forced to give birth with her arms handcuffed to the bed. The spokeswoman added that the prison authorities had apologized to the detainee. Elkak is serving a four-year sentence for carrying a petrol bomb in Jerusalem's Old City in early 1990. (Jetuselem Post, 6 May 1991) 393. On 13 May 1991, ACRI Submitted two complaints to Gen. Rafael Verdi, appointed by the Chief of Staff to head a military commission of investigation into allegations of torture and ill-treatment in military places of The first complaint concerned an administrative detainee, Eiman detention. Shafi from Nablus, held since the beginning of 1990 in the Tulkarm detention In an affidavit given to A&. Tamar Peleg of ACRI, he described his centre. methods of interrogation, which was allegedly carried out while his hands and legs were bound together end tied to a chair, and his head was covered with a bag. In this position, the interrogators allegedly suffocated and beat him, including in his testicles, Between the interrogation sessions, which lasted from 6 a.m. to 6 p.m., eve?y dey, he was kept in a tiny cell, 00 centimetres wide, nicknamed the "cupboard". The second complaint concerned Niaal Abu Lawi from Nablus, who made a silsilac description of his ill-treatment in the Tulkarm facility. (U'areQ, 14 May 1991) /... A/46/622 English Page 127 394. On 22 May 1991, a sit-in strike was held by the Palestinian Association in the Red Cross offices in East Jerusalem, to protest conditions in detention centres , which the participants described and inhuman". The main subjects of protest were the quality and food, hygiene, methods of interrogation and visit arrangements. clevelopment, it was reported that MK Haim Oron (Mapam) had warned Minister that the recent cut in the food rations to administrative could cause unrest among the detainees. Security sources rejected about prison conditions, saying that independent bodies that had prisons had concluded that conditions prevailing there were fair. 23 May 1991; &I-Fair, 21 Way 1991) Women's against as "illegal quantity of In another the Defence detainees complaints visited the (&,&f&& 395. On 23 May 1991, it was reported that Dr. Ram Yishai, President of the World Medical Federation, had examined the conditions of security female following numerous complaints, and had come to prisoners in Rasharon prison, the conclusion that the prisoners were given a "humanitarian treatment and In comparison with a visit to the prison held medical aid when necessary". the previous year, no deterioration was found in the prisoners' conditions. Dr. Yishai looked in particular into personal files of some of the prisoners, and examined two prisoners. He pointed out that none of the prisoners alleged sexual harassment, or any other form of unfit behaviour by the warders. Dr. Yishai looked in particular into the cases of the following prisoners (regarding whom it had been alleged that they were denierA adequate medical treatment): Naame al-Hilou (38), from Jabalia, Fatwa Ahsi (251, from Silwan, Ataf Alian (281, Fatma Abu-Dakra (341, and the baby daughter of Antisar al-Kalet. (Ra'arets, 23 May 1991) 396. On 24 May 1991, it was reported that a delegation composed of several members of the Jerusalem Municipal Council and the town's legal adviser had recently visited the Russian Compound Police detention facility, following a number of reports by humanrights groups alleging bad conditions and practice of torture and ill-treatment there. The delegation wished to visit the GSS interrogation ward but was not allowed access. The commander the detention of centre, Zion Exra, told the delegation that he was responsible for the detainees' conditions of detention, but not for their interrogation, which was carriecl out by the GSSand regarding which he had no authority, an8 could not even attend such interrogations. Weaffirmed that since February 1991, when he took office, there were no occurrences of violence against detainees. He denied the existence of small cells nicknamed "cupboard" or *'grave", and the existence of sub-standard cells in the GSSward. There were "isolation cells", which were smaller than other cells. The delegation could visit the cells and talk to detainees, but not in private. They Bid not see any detainee with marks of beatings. They found that the cells were clean and had warm water arouncl the clock. There was no separation between minor and aclult female detainees, as prescribed by law, but only between Arab and Jewish detainees. The facility, designer3 for 130 detainees, held 269 detainees on the day of the visit. (&&kr.~&, 24 May 1991) 397. On 6 June 1991, a report was published by the State Comptroller's concerning, m, the situation in the Ketsiot detention facility. office / ... A/46/522 English Page 128 regarding the period from May to Following are some of the findings. is under the responsibility of the army's Southern July 1990. The facility Region Command, but in fact it is administered by the military police. Some 6,200 persons were detainea.in it during the period under examination. Lawyers coulcl meet their clients only one week after a request was made. The duration of meetings between lawyers and their clients was limited to 5 minutes (except in one bloc where it was 20 minutes). (The report pointed out that in September 1990 the IDF announced that there were no longer limitations on the duration of meetings and that it was up to the lawyers to decide on it.) There was a serious problem of overcrowfling, with 26 detainees held in one big tent, or two smaller ones put together, an area of 50 square metres. Tents assigned to administrative detainees housed 22 to 24 persons. were On an average, each detainee had only two square metres , au11 mattresses touching each other without any apace between. The level of hygiene was poor, especially in the kitchen of one bloc , owing to a faulty aewerage'aystem. The commander the facility of ant9 other authorised officers were entitled to impose penalties on detainees who broke the discipline. Penalties included denial of the right to send letters for up to 15 dayat denial of the right to two visits; denial of the right to the daily cigarette allowance for up to 7 dayat being kept in a small cell for up to 96 hours. The report found that in some cases detainees were kept in small cells for 14 days as a punitive The State Comptroller was favourably measure, despite the regulations. impressed withthe medical treatment given to detainees and the supply of food, cigarettes and other articles. (maret& 6 June 1991) 398. On 17 June 1991, a group of Arab and Jewish women held a sit-in in front of the Red Cross offices in East Jerusalem, in protest against the detention of Rabiha Shatiya (33). from Jerusalem, at the GSSwing at the Russian Compound. The womensaid in a letter to the Prima Minister and the Minister of Police that she was suffering from cancer antl could not get adequate treatment in detention. (Ea'areta, 18 June 1991) 399. On 23 June 1991 Arab prisoners held in the Nafha jail, in the Negev, and in Ashkelon jail, went on hunger strike to protest against their conditions. They were demanding improvements in the quantity and quality of food an8 in the medical care. They also demanded to be allowed visits by anyone wishing to visit them and not only family members. On 9 July 1991, it was reported that the hunger strike by security prisoners in Nafha prison had ended after 16 days, following a meeting between the Southern Region police commander an8 representatives of the Gaze.Bar Association. According to a spokesperson for the Prisons Service no concessions were made to the prisoners in security matters, but some of the demandsconcerning welfare and conditions, such as the provision of a washing machine, had been approved. (Ba'areta, 24 June 1991, 9 July 1991) 400. On 5 July 1991, it was reported that families of Palestinian security prisoners had begun a sit-down strike outside Red Cross offices in the West Bank and the Gaaa Strip to support demandsto improve prison conditions. Security prisoners in the Nafha prison, near Ashkelon, had been on hunger strike since 23 June 1991 and it was feared the hunger strike would spread to / . .. A/46/522 English Page 129 According to the prisoners and their femilies the other places of detention. quantities of food given to them hed been reduced. Cuts were made in the provision of certain ingredients and in articles such as Goap, shaving cream ana toilet paper. Medical treatment given in the prison was deplorable and It was further alleged that physical and sanitary condition6 were very poor. psychological violence was frequent, that collective punishment was a common practice and that young detainees, even minors, were kept together with convicted criminals. A spokesman for the Prisons Service Authority rejected the allegations and said prisoners were accorded visits and all the other rights given to them in the past. On 6 July 1991, in reply to a question by MK Haim Oron, Defence Minister Arens acknowledged that since the beginning of April 1991 the food given to security prisoners had been cut by 11.6 per cent. "as a savings measure, and in accordance with the army's policy". Following the prisoners' protest, however, the matter was re-examined and it was flecided to reintroduce some of the ingredients that had been cut. (He'areQ, 5 and 9 July 1991) 401. On 15 July 1991, the commander of the military police reported to the Knesset State Control Committee that 9,128 residents of the territories were currently being held in military prisons. They included 580 held in Some 4,691 of the persons aetainea were convictea administrative detention. prisoners serving their sentences: 2,966 were detained until the end of legal proceedings (pre-trial detaineesIr and 691 were "regular detainees". He pointed out that these figures showed a significant drop in the number of detainees ant3 an increase in the number of convicted prisoners. A big drop (over 50 per cent) was reported in the number of administrative detainees, as comparedwith the "peak periods" of the uprising. Another problem discussed during the Knesset Committee's aebate concerned family visits in the Ketsiot jail. It was reported that in spite of approximately NIS 1.5 million ($600,000) spent by the IDF to prepare infrastructure for family visits in Ketsiot, such visits were still not carried out owing to the families' refusal to ask the Civil Administration for authoriration. (m, 16 July 1991) 402. On 31 July 1991, the Ministry of Justice made public its reaction to an Amnesty International report publishes on 29 July 1991, which accusea Israel of torture and ill-treatment of Palestinian detainees in the territories. The Ministry of Justice said that Amnesty International had totally disregarded the fact that detainees and convicted prisoners often had personal and political motives to exaggerate or 'make up stories*' in order to embarrass the authorities; Such personal motives could be a wish to nullify a confession made earlier, or to escape groups of Palestinians who murdered or injured detainees who reached plea-bargaining agreements. A political motive coula be the will to dieinform in order to harm Israel's reputation regarding human rights. The Justice Ministry quoted as an example the case of Ahmed al-Hawemda, who alleged, through his lawyer, having been beaten while in detention in the Dhahiriya jail in August 1969. After his allegations were looked into, he retracted his allegations and admitted having made them to get better medical treatment and GOthat his family would consider him a hero. In another case taken up by Amnesty International, that of AhmedKebaha, who had alleged having been tortured, the itetainee later retracted the allegation in a /... A/46/522 English Page 130 written statement in which he admitted having caused cigarette burns to himself. The blinfstry of Justice affirmed that every allegation of abuse was looked into and if it was found to be true measures were taken against those responsible for the abuse. Interrogators identified themselves to those they interrogated, so that in case of alleged abuse they could be summoned to testify in court. A joint committee of the Ministry of Justice and the GSS was set up uo investigate allegations about excessive methods of interrogation. The IDF has also appointed an investigating officer to look (m'area, into method6 of interrogation by military interrogators. 31 July 1991) 403. On 8 August 1991, it was reported that some 500 administrative detainee6 from the territories held in Ketziot were boycotting the prison infirmary, even though some of them need ongoing medical treatment. The boycott reportedly began when a prisoner who went to the infirmary for treatment was told by a man he did not know that if he cooperated with the authorities he would receive better treatment and if not, he would not be treated at all. Military sources confirmed there was a boycott in progress, but that the rumour that started it was unfounded. (m, Jeruselem, 8 August 1991) 404. On 0 August 1991, it was reported that as at October 1991 the security authorities would, for the first time, allow families of prisoners held in Ketziot to visit the prisoners. Under an agreement reached between the security authorities and the Red Cross , every inmate would submit a list of people whom he asked to be visited by. The prison authorities would transmit the list t:, the Civil Administration in the territories, which would check them without direct contact with the families. The autborized lists would then be transmitted to the Red Cross, which would be in charge of transporting the femilies to the facility. The agreement was reportedly seen as a victory by the leadership of the uprising, which, over the past four years, had refused any direct contact with the Israeli authorities. The refusal had led to .e ban on family visits to inmates in Ketzfot. The new agreement provided for regular family visit6 t0 all piSOn in Israel where Security prisoner6 were held. Some50,000 prisoners were currently held in Uetziot. Military sources reported that condition6 in Ketziot were constantly being improved. The overcrowding that characterized the facility in the past was no longer a problem and use of tear-gas and rubber bullet6 against the immates all but halted (except in cases of serious rioting. when tear-gas was resorted to only if ordered by senior officers). (w, Jerusalem Post, 8 and 9 August 1991) A number of witnesses referred to the escalation of the annexation policy in the course of the recent period. 405. I... A/46/522 English Page 131 406. An anonymous witness stated in that regard: **About one year ago, a lot of land was confiscated in my village, as in other villages. If one stone is thrown at them, the Israeli soldiers On Thursday, the Arab confiscate land and uproot trees as a reprisal. youth threw a Molotov cocktail at the Civilian Administration Headquarters. As a result, they uprooted all the olive trees surrounding the area. Originally this admirLsl;rative centre was a house which the Israelis seized from the owner and turned into an office for the Civilian When they confiscate a piece of land, no one is allowed Administration. And even when you carry a permit, you to pass any more without a permit. run the risk of being fired at. If they confiscate a piece of land of two aununls, it means that the whole arcta becomes condemned. For instance in my village, they confiscated land and turned it into a training camp for the army. They uprooted the olive trees and deprived the inhabitants I have a piece of land which was of access to their own land. confiscated. ... "In my area, we have three Arab villages, two settlements and one training centre. In these settlements, they bring mobile prefabricated houses, which can be brought and put up very quickly. That is how the settlements can grow fast. So. the number of settlements is increasing and only 10 or 12 days ago, I heard that they are going to establish a new settlement in Nablus." (A1AC.1451RT.560) 401. Mr. MohammedMelhem referred in his statement annexation trend since the Gulf war: to the increasing "Concerning their plans of expropriating land, there is an overwhelming activity in expropriation and building of settlements. It You can imagine what the layman, what the ordinary is feverish. Palestinian in the occupied territories feels when he sees that the land is getting less and lr.ss and that the time might come when he has no place to stay and to make a living (56 per cent of the land has been expropriated so far and there are plans to expropriate 20 to 25 per cent more)." (A/AC.l45/RT.560/Add.l) 408. The specific settlement policy in and around Jerusalem was also stressed8 *Since 1967, the Israelis have planned a general scheme for settling people in the occupied territories, for colonising the occupied One of the most destructive elements in this plan is the territories. fragmentation of the Palestinian society, by surrounding the Palestinian people with settlements, separating them from each other, cutting them off from each other. This was not only done in all parts of the occupied territories, hut it was emphasised in Jerusalem." (Mr. Abdel Jawad Saleh, A/AC.145/RT.566) / . .. A/46/522 English Page 132 '*In Jerusalem, the Israeli occupation authorities concentrate on the seizure of buildings belonging to Arab people. The inhabitants of the buildings are expelled, because the Israelis regard Jerusalem as an eternal capital for Israel. . . . "The Israelis have also concentrated their attempts on bringing immigrants and settling them in Jerusalem. They give these immigrants additional temptations and incentives beside the assistance normally provided also to the other immigrants settling in the West Bank. The number of izznfgrants who have settled in Jerusalem is many times the number of those who have settled in the Golan, in the Gaza Strip and in the West Bank. . . . "Bigger loans are usually given to immigrants settling in Jerusalem than to those settling in the West Bank, to enable them to buy land. The contractors receive guarantees up to 100 per cent for the purchase of houses. Jerusalem has been declared a 'zone of development'.g*. (Mr. bfahfouz Jaber, A1AC.1451RT.563) 409. Accounts of the annexation and settlement policy pursued by the Israeli authorities in the occupied territories may be-found in documents A/AC.145/RT.556 (Mr. Mohammed Najdi El-Jazzar); A1AC.1451RT.560 (an anonymous witness); WAC.145/RT.560/Add.l (Mr. Mohammad Melhem); A/AC.145/RT.563 (Mr. Mahfouz Jaherlr A/AC.l45/RT.566 (Mr. Abdel Jawad Saleh); and A/AC.145/RT.569/Add.l (an anonymous witness). 410. On 3 April 1991, it was reported that some 20 mobile homes had been set up recently in Kiryat Arba "to meet the growing housing needs created by the influx of Soviet immigrants", some 400 of whomhave moved into the settlement over the past year. (Jerusalem Post, 3 April 1991) 411. On 9 April 1991. Prime Minister Shamir promised US Secretary of State Baker that the plan by Rousing Minister Sharon to add 1,300 housing units to existing settlements would not be carried out without the full Government's approval. (-'aret& 10 April 1991) 412. On 10 April 1991. Palestinian sources alleged that over the past month Israel bad expropriated some70,000 dunazs in the territories: 2,500 in Deir Abu-Wash'al near Rama:.lah; 10,000 in Laban a-Gharbiya near Nablus; 8 in A-Zawiyat 1,000 in Samu' in Mount Rebront 1,500 in Abud near Ramallah; 4,500 in Rafat near Kalkilya; 200 in Bethlehem; 20 in Bir Zeit; 5 in Tubas; 50 in Deir Istiya, and some50,000 in four villages in the Ramallah region. * Information on this subject covering the period from 1 September 1990 to 30 November 1990 is to be found in paragraphs 236 to 244 of document A/46/65; information on the samesubject covering the period from 1 December 1990 to 31 March 1991 is to be found in paragraphs 239 to 242 of document A/46/262. I... A/46/522 English Page 133 The lands expropriate% included lands confiscate% for building roads between expan%ing existing settlements an% lands taken by Jewish settlements, settlers. In a r3lated development, it was reported that 30 dunams of olive groves in Wadi Joz neighbourhood, East Jer:salem, were given, at the instruction of Housing Minister Sharon, to the Ateret Cohanim Yeshiva. Jerusalem Mayor Teddy Rollek said no one ha% consulted with him or with any other municipal official about the matter. Sources in the Israel Lands Authority, in whose possession the plot was kept for the past 22 years, and in the Yeshiva itself, denied the report. There was no ccrmment from the Housing Ministry. (m'arett, 10 April 1991; Al-Fair, 15 April 1991) 413. On 11 April 1991, it was reported that over the period January 1989 to January 1991 1,051 new immigrants settle% in the territories: this figure included the 5,676 immigrants living in neighbourhoods surrounding Jerusalem: Ramot, Gilo and Pisgat Zeev. According to these data only 3 per cent of the 223,000 immigrants arriving in Israel over that period settle% in the territories. (fla'areu, 11 April 1991) 414. On 11 April 1991, Science Minister Yuval Ne'eman announce% that Gush Smunim and the Regional Councils of Binyemin an% Samaria in the West Bank had begun setting up the settlement of Revava, near Ariel. The new settlement was reportedly approve% by the Ministerial Settlement Committee in 1964. It was being built on a tra& of 224 dunams purchase% from Palestinian landowners. On 15 April 1991, 14 mobile homes were moved into the Revava site in a clandestine operation, despite fierce opposition and demonstrations at the site by left-wing activists. On 25 April 1991, the IDF stoppea Gush Kmunim members from bringing nine more mobile homes. A spokesmen for the Defence Ministry said any move in the new settlement had to be halted pending a decision by tbe High Court of Justice on its legality. (m, Jerusalem, 12, 17 an% 26 April 1991) 415. On 21 April 1991, Gush Emunim sources reported that preparatory works were under way for bringing 20 mobile homes to new sites: Ya% Shake%, in northern Samaria, and a new quarter near Barkan. A new settlement, called "Kateif", would also be create% by Gush Emunim in southern Samaria. (m, 22 April 1991) 416. On 21 April 1991, the High Court of Justice issued a temporary injunction or%ering the IDF authorities in the West Bank to halt uprooting olive trees and building roads in Anabta. High Court Ju%ge Gabriel Bach issue% the injunction in response to a petition by three residents, Amana Estaban, Mahmud Saafsha' and Ziad al-Halim, who claimed that, a week earlier, while the village was under curfew, IDF forces startea uprooting trees an% buil%ing roads in their lan%s, without informing them an% without giving them access to their lands. Judge Bach ruled that the petition would be heard before a three-justice bench. (&s'areU, 22 April 1991) 417. On 22 April 1991, a new settlement, called "Talmon B", was set up, in a clandestine operation, some 10 kilometres north-west of Ramallah. The new settlement was being set up by Amana. the settling bo%y of Gush Emunim, I... A/46/522 English Page 134 reportedly with the full knowledge of the IDF authorities. It was located 2 kilometres north of the Talmon settlement, in a site that had not been approved by the Government. According to Amana, Talmon B was not a new settlement but simply "a new quarter of an existing settlement'*. During the works on the site the area was watched by two soldiers and access to the site was barred, "especially to journalists". Seven mobile homes were sent to Talmon B. and intensive work wafi under way in the site. It was reported that construction activities were under way in other settlements in the same area: in Dolev 10 new mobile homeswere set up, and in Yad-Yair (a plot of 1,000 dunamsconfiscated after the killing of Dolev settler Yair Mendelssohn) preparatory work was under way to set up a new Nahal outpost. including the construction of a road bypassing the villages of Janiya and Ras Carkar. Works were also reported in Ariel and Dotan. o&&&LQ&, 23 April 1991; Al-Faj& 29 April 1991) 416. On 28 April 1991, the High Court of Justice rejected a petition by a resident of Rife1 Harith village who demanded that the settlement of Revava be dismantled since it was built on his lands. The High Court ruled that the petitioner, Jamal Abdallah Darwish, had failed to prove his claims and that the petition was lacking in substsnce. The Court none the less authoriaed Barwish's lawyer. Linda Brayer, to survey the .land for herself under army protection. The Court also rejected a petition by seven residents of the same village claiming that workers building a fence around Ariel had trespassed on their property. (A&&&, Ha'arets, &rusalem Post, 29 April 1991) 419. On 1 May 1991, it was reported that the Housing Ministry was planning to build 24,000 new housing units in the West Bank to accommodate 88,000 Jews. In Ofarim, where 14 families lived at present, it was planned to build 10,400 housing units for 38,000 people; in nearby Alei-Zahav 1,700 units for 6,200 people: in Brukhin 2.000 units for 10,200 peoplet in Avnei Khefete 2,100 units for 7,665 people; plus 3,500 units for 12,000 people in the cettlement's southern sector: and in Ariel 2,700 units for 10,260 people. These data were included in a letter written by a Housing Ministry official, Haim Zimmer. Whenasked to commenton these data, the Housing Ministry declined to do so. (&a'aret& 1 May 1991) 420. On 5 Msy 1991, it wa6 reported that the foundation6 for an extension of Rarnei Shomronsettlement in Samaria had been laid, in preparation for 2,000 new housing units. The new neighbourhood was several hundred metres east of the settlement. i-, 5 May 1991) 421. On 6 May 1991, it was reported that Gush Emunim was planning to settle 15 families in a site called "War blanoah", near liebron. All the necessary authorisations had already been granted. A Gush Emunimspokesman said that the new neighbourhood would be the third part of Kiryat Arba (in addition to Kiryat Arba itself and Givat Iiarsina ("Porcelain-Hill"), which are several kilometre6 away from each other). "The plan is t0 Create a mosaic Of Jewish neighbourhoods on the hills surrounding Hebron, leaving in the midst island6 of Arab neighbourhoods", he said. (m, 6 Way 1991) I... A/46/522 English Page 135 422. On 0 May 1991, it was reported that two villagers from Deir al-Hat&, Salab Ahmed and Fawaz Hussein, alleged that Elon Moreh settlers were carrying out work on 10 dunams of land belonging to them. They wanted to petition the High Court of Justice, but the petition was refused on the grounds that it was based on information transmitted by telephone and was not complete. (b'aret& 8 May 1991) On 15 May 1991, it was reported that 31 caravans had been placed near the settlement of Givon-Hadashah, in the region of Bidu village. According to the Housing Ministry this was not a new settlement but a new neighbourhood of for the ever-growing Givon-Hadasha, aimed at providing housing solutions The new site was located one kilometre from Givon-Hadashah, settlement. itself a neighbourhood of Given, which was developing rapidly. Villagers from Bidu alleged the new neighbourhood was being built on their lands. According to settlement sources it would be possible to reach a Jewish population of 850,000 in the West Bank within a few years , merely by expanding the existing urban and community settlements. (&a*aretK, Jerusalem, 15 May 1991; U-Fair, 20 May 1991) 423. 424. On 27 May 1991, it was reported that an outline plan for the settlement of Maaleh Adumim, east of Jerusalem, which was "in its final stages" before being approved, provided for expanding the settlement over 15,000 more dunams, approximately 50 per cent of its present surface. The settlement would expand westward and would almost link up with the eastern neighbourhoods of Jerusalem, such as Pisgat Zeev and Mount Scopus. It would also touch upon Arab villages and camps, Anata, Eizariya and aLAsaim, thus penetrating into a region populated with some 100,000 Palestinians. A Maaleh Adumim official said all the area to be added to the settlement was made up of state-owner3 lands, but it turned out that there were several Arab-owned plots in the area, and the official expressed hope that the owners would sell them to the State. &i3'aret.& 27 May 1991: AL%&, 3 June 1991) 425. On 3 June 1991, the Housing Ministry said it had allocated funds for the construction of 1,454 apartments and houses in the Ratif bloc, on the southern Gaza Strip coast. The Housing Minister, Ariel Sharon, also gave details about construction in Maaleh Adumim, where some 2,000 apartments were under construction, in addition to 1,000 just built. Two Knesset members, Dedi Zucker and Haim Oron, charged in a letter to Prime Minister Shamir that 2,000 housing units were being built in Ratif bloc, to add 10,000 settlers to the current 3,000 in the Strip. Palestinians living in the area said they had noticed that 30 to 40 new one-storey houses in Neve Dekalim, in Katif bloc, had been completed in the past two months and other houses were being built. Outside the Katif bloc they reported seeing two dozen new homes in Netzarim, four kilometres south of Gaza, and several new caravans on a plot of land near Kfar Darom, two kilometres east of Deir el-Balah. (Al-Pair, 3 June 1991; m'aret?;, Jerusalem Post, 4 June 1991) 426. On 18 June 1991, Prime Minister Shamir declared during a visit settlement of Beit Arieh that building settlements in the territories normal, ordinary process that cannot be stopped". (-Post, 19 June 1991) to the was "a / ... A/46/522 English Page 136 427. On 23 June 1991, over 250 residents of Urn-Tuba, in East Jerusalem, demonstrated after being told to vacate a plot of land of 1,850 dunams, which they belPeved was going to be used for a Jewish settlement. For many years the residents had been told they could not build on that land because it was kept as an open zone. Someof the land was owned by Beit Sabour residents. (Jerusalem, 24 June 19913 A&&&, 1 July 1991) 428. On 2 July 1991, it was reported that the Housing Ministry had set up a special office to oversee settlement activity in the territories* with a view to accelerating construction and expanding existing settlements. A Housing Ministry spokesmansaid that during fiscal year 1990 4,500 houses were under construction in tbe territories and construction of another 11,500 units was planned for 1991, but no plans had been finalised. According to another report, the increased construction planned in the territories could increase the Jewish population in the territories by half a million. Thousands of duaamswere earmarked for dozens of settlements, including Ofarim, Rermesh, Immanuel, Talmon. Ofra, Shiloh, and Adora. As regards Ofarim, north-west of Ramallah, the Ministry of Housing earmarked 6,000 dunems, on which some 10,000 housing units would be built for over 30,000 people. But the Rousing Ministry's planners reportedly included in the areas earmarked for Ofarim many privately owned Arab lands, belonging mostly to residents of Abed. (U'aretR, JerusalemPost, 2 July 1991) 429. On 11 July 1991, a new highway was inaugurated. connecting the Katif bloc, in the southern Gala Strip, to the Western Negev, and bypassing Arab villages and refugee campsin the Gasa Strip. The head of the Gaea Beach Regional Council said in the ceremony that some 4,000 settlers lived in the Katif bloc's 16 settlements, and the area was currently undergoing massive (-alem Post, growth, with some 1,000 housing units under construction. 22 July 1991) 430. On 21 July 1991, a follow-up team of the Peace Nowmovement published its findings on the construction.of new roads in the territories. The team affirmed that 80 to 100 kilometres of roads were either under construction or about to be built in the territories; most of the new roads were designed to bypass Arab towns or villages that had becomedangerous to settlers because of the uprising. Amongthe roads whose cons*ructfon was completed the team mentioned the Asaun bypass (6 kms), the Kramim-Sham'sroad (14 kms) and the Umm Safe bypass (6 kms). Roads under construction included the Bethlehem bypass, between Gilo and the Etaion bloc (14 kms), the Kissufim-Katif road (12 kms) and the Bani-Naim bypass (12 kms). (m, 21 July 1991) 431. On 26 July 1991, the Defence Ministry spokesman confirmed that the Government had been giving land free to Jewish developers in the territories since November 1990 in order to encourage building there. The policy was carried out by the Defence Ministry in coordination with the Eousin:g Rousing blinistry officials denied that a "free-land policy" or any Ministry. part of the Ministry's housing policy in the territories was being carried out secretly. One official pointed out that Housing Minister Sharon had announced on several occasions that 13,000 units would be built in the territories in / ... Al461522 English Page 137 the fiscal (Jerusalem, year 1990/1991 and he had 26 July 1991) stuck to that projection. 432. On 29 July 1991, Housing Minister Sharon announced that infrastructure and development was under way for the construction of a new town, called AvneiGHefetz, near Tulkerm. He added that in the coming year half the Ministry's construction activity would take place in Jerusalem and in the territories. (&+'are& 30 July 1991) 433. On 1 August 1991, settlement sources confirmed that the Housing Ministry was using sites in the territories with existing electricity and water outlets, often in non-residential areas, to dumpmobile homesnot wanted in Israel itself. The Ministry was reportedly placing at least 100 mobile homes Dozens of mobile homeshave been placed in a week in West Bank settlements. recent weeks in the industrial zones near Barkan Givon Hadashehand Beit Arieh spokesman said that *'the placement of settlements. The Housing Ministry's mobile homesin Barkan was done with all the necessary permits*'. He added that Minister Sharon "has announced that 13.000 units will be put up in Judea, Samaria and Gaza in two years , and that includes mobile homes*@. (Jerusalem Post, 2 August 1991) 434. On 6 August 1991, it was reported that a new Gush Emunim settlement, "Eshkolot", had been inaugurated in southern Mount Hebron. It was formerly a N.&al outpost, and the conversion to a civilian settlement was done with the approval of Defence Minister Arens. In another development, the Defence Ministry reportedly authorioed 160 students from a yeshiva in Bebron to set up temporary quarters on the site of the town's former central bus station, taken over by the IDF in 1983, on condition that it only be used for military purposes. The Defence Ministry informed the High Court of Justice of its intention to allow nine mobile homesto be placed on the site, to be used by the students during renovation works at their permanent quarters in the Roman0 building in Bebron. On 23 August 1991, it was reportod that 126 yeshiva students had moved into 10 mobile homes placed in tbe site. Sixty-four of them were reportedly equipped with sub-machine-guns. It was also reported that the site was placed under heavy guard. (m, B, 6 and 8 August 199lt JBrusalem Post, 23 August 1991) P. 435. In a statement delivered before the Special Committee at Damascus on 23 May 1991, Mr. Mohammed Najdi El-Jazzar, Director, Department of International Organizations, Ministry of Foreign Affairs of the Syrian Arab Republic, referred to the situation in the occupied Syrian Arab Golan and stated in this connection: **Youare undoubtedly aware of the declarations which tbe Israeli Minister of Housing and Construction Sharon madeon 21 May 1991, during his provocative visit to the occupied Syrian Arab Golan, in which I... A/46/522 English Page 130 he said that the Israeli Government was determined of Israeli settlers in the Syrian Golan Heights. to %ouble the number .. . "The practices of the Israeli occupation authorities in the occupied Syrian Arab Golan constitute persistent and ever-increasing violations of the principles of international law, particularly the Charter of the Unite% Nations, the Hague Conventions of 1899 an% 1997, the Fourth Geneva Convention of 1949, the International Convention on the Elimination of All Forms of Racial Discrimination of 1966, and the relevant resolutions of the Security Council an% the General Assembly of the United Nations. In fact, since the announcement of their annexation of the territory of the occupies Syrian Golan, the Israeli occupation authorities have been diligently endeavouring to change the demographic characteristics of the territory's population by increasing the number of settlements there to 43. They are also implementing plans to alter the historical, cultural, social and economic features of that occupies territory, on which they have imposed their administration, laws and iaentity with a view to ultimately obliterating the Syrian Arab identity of the occupies Golan and aetaching it from its Syrian motherland in flagrant violation of Security council resolution 497 (1981) of 17 December 1981 an% General Assembly resolution ES-g/l of 6 February 1962, which the General Assembly has reaffirmed at all its subsequent sessions. In this connection and like every year, we will be submitting a detailed report containing a comprehensive account of Israel's inhuman practices in the occupies Syrian Golan and its violations of the principles of international law and conventions concerning health, services, education, economic an& social aspects, personal freedoms aa settlement. *'In this regard, it ehould be noted that, in spite of the harsh measures taken by the Israeli occupation authorities to suppress our people's aspirations in the occupied Syrian Golan, the Arab population of that territory has frequently an% forcefully expresses its national attachment to its Syrian motherlana -a its valiant leader Hafez al-Assaa. "On the morning of 17 April 1990, on the occasion of the celebration National Day, our citizens in the occupies Syrian Golan organiaea a large aemonstration in which they Carrie% Syrian flags ana banners bearing nationalist slogans expressing opposition to the Israeli occupation. Their route was barrea by occupation forces, which use% various forms of violence to %isperse them, an%the occupation authorities imme%iately %eploye%large military units in the occupie% Syrian villages, set up roadblocks , sent out patrols into the streets an% arreste% a number of those Syrian citirens. They also imposea a curfew on all the villages with effect from the evening of 16 April 1990. On 1 November 1990, a patrol of OCCUpatiOntrOOPs accoste% ana qpene%fire on two Syrian citisens, 20-year-ala Fain Said Mahmoud and Mshmou% Hassan al-Safa%i. The firsi; was killea an% the secona was arreste% on the charge of attempting to enter his Syrian motherland. The mur%er of the first ycung man unleashed a wave of fury ana in%ignation amongthe Arab population of Maj%al Shamsan% the other villages in the of Syria's I... A/46/522 English Page 139 occupied Golan and prompted the Israeli authorities of arrests in which seven citizens were detained. to launch a campaign WI December 1990, an Israeli court sentenced four residents of the occupied Golan to terms of imprisonment ranging from 16 to 27 years on the charge of planning to kidnap an Israeli soldier with a view to forcing the Israeli authorities to agree to release Syrian detainees held in Israeli prisons. "In the light of the increasing rates of Jewish immigration from the Soviet Union and the countries of Eastern Europe, the Israeli occupation authorities have stepped up their plans to establish new settlements in the occupied Golan. In the second half of 1969, during a visit to the occupied Golan, the Israeli Minister for the Integration of Immigrants agreed to the establishment of three new reception centres at Katsrin and khisfin and in the vicinity of Hamma. Since early August 1989, they have also been making preparations to increase the number of Jewish settlers in the occupied Syrian Arab Golan from 6,000 to 100.000 over the next 10 years. On 31 October 1969, they also inaugurated a new settlement, known as 'Ahad Sinnin', which the Betar movement had established in the occupied Golan and in which 12 families were initially being accommodated. The Israeli occupation authorities have also begun to settle Soviet Jews in the occupied Golan and , on 8 July 1990, the Israeli press reported that Israel had settled 60 families of Soviet Jewish immigrants in the Golan by the beginning of July. "Ora 11 February 1991, Shamir sent a letter to the mayor of the Israeli settlement of Katsrin in the occupied Golan in which he promised the Israeli settlers that Israeli law would remain in force in the Golan Minister of Defence, forever. On 12 May 1991, Uoshe Arens, the Israeli justified the ongoing illegal settlements in the occupied territories by affirming that settlement and the Israeli army constituted the two principal sources of Israel's strength and that settlement in the occupied territories proved that those territories were 'part Of our country and our homeland in which we have the right to settle'. ... "The Israeli authorities . . . stated that it is expected that the settler population in the next three years in the occupied Golan would reach 100,000. It is clear that the statement of the Israeli authorities and the figures they are providing sometimesare not in line with what we have heard before. In other words, they are more, or they do not reflect what other Israeli authorities have said on previous occasions. However, from all this, it is certain that these plans and programmesare Set out to change the situation as far as settlers are concerned in all the occupied territories, including the Golan. Wehave no doubt that the occupation authorities are determined to entrench their occupation further, including a legislation about annexing the occupied Golan and making it part of the Israeli territory. We have no doubt that the Israeli authorities are making all efforts to intensify their settlement programmesin the Syrian Golan. They are proceeding rapidly along this / .. . A/46/522 English Page 140 path and using all their capacities in order to reach the figures I referred to, namely, that there would be 100.000 settlers in the occupie% Golan in the next three years. This is their intention an% they are working on it with determination. They have a well set plan to increase the number of new Jewish settlers in the occupied Golan and to reach the highest possible figure, namely 100,000 - and this is my personal view that, if they can even increase that number, they will not hesitate to do It is an Israeli decision to consider this area as part of the SO. Israeli State. The State of Israel is acting and working in order to give to this decision a de facto reality, in order to change the cultural, the economic, the social nature of this area, in or%er to change everything that links Golan to Syria. The occupation authorities are systematically trying to put an end to such links through their programmedpolicy of increasing the number of settlers in the Golan as quickly as possible." (A/ACc.145/llT.556) Written* 436. On 21 May 1991, it was reporte% that a new settlement, called '*Kanafgg, was to be inaugurated, and that two others , one in the northern Golan and the other in the southern Golan, were planned. Housing Minister Sharon announced during a visit to the region that the Government had finalised plans aime%at doubling the Jewish pogulation of the region, which currently numbers around 12,000 people. It was also reported that dozens of new homeswere under construction in Katzrin. the largest settlement in the region. (m'aret& 21 May 19913 Jerusalem_, 22 May 1991) 437. On 23 July 1991, it. was reported that the hea%of the Golan Heights Regional Council ha% announce%that four new settlements would be set up shortly in the region and that new immigrants wouL%sett2e there. Two of the four, Bruchim an%Agmon, had already been approve% by the Ministerial Committee on Settlements, and lan% ha%been set asi%e for the others. Some 3,200 housing units were currently under construction in the region. (Jarusalem Post. 23 July 1991) * Information on this subject covering the perio% from 1 September 1990 to 30 November 1990 is to be foun% in Qaragragh 243 of BocumentA/46/65; information on the samesubject covering the perio% from 1 December1990 to 31 March 2992 is to be found in QaragraQhS 245 to 247 of %ocumsnt A/46/202. / . .. A/46/522 English Page 141 v. coNcLusIoNs 436. After carefully evaluating the information contained in the two periodic reports (A/46/65 and A/66/202) and in the present report, the Special Committee wishes to draw the following conclusions. The twenty-second report having been adopted on 10 September 1990, the conclusions thus cover the perioa from 1 September 1990 to 22 August 1991. It must be borne in mind, that the frequency and intensity of incidents that occurred during however, the period under Consideration and the impressive amount of information on the human rights situation received and examined by the Special Committee did not permit its total reflection in these reports; the Special Committee has endeavoured, within the constraints imposed by the specific regulations with regard to the length of United Nations documents, to include in its reports, es faithfully as possible, samples of the information it has received in oraer to illustrate in the best possible manner the situation of human rights in tbe occupied territories during the period covered by these reports. 439. Since its establishment in 1966, the Special tried to obtein the cooperation of the Government its repeated attempts has so far been denies such period under consideration the Committee has once the Secretary-General seekinq his intervention in Israeli Government to cooperate. Regretfully the continued to withhold its cooperation. Committee has consistently of Israel, but in spite of cooperation. During the again addressed a letter to order to convince the Government of Israel has 440. On the other hand, the Special Committee has been able to benefit from the cooperation of the Governments of Egypt, Jordan and the Syrian Arab Republic, and of various Palestinian representatives. The Special Committee, having been precluaed from visiting the occupied territories, in addition to its regular meetings at Geneva, again travelled to Damascus, Amman aa Cairo in May and June of this year where it heard the evidence of persons with first-hand knowledge and personal erperience of the human rights situation in the occupied territories. In addition, the Special Committee followed the situation in th8 occupied territories on a day-to-day basis through reports appearing in the Israeli and Palestinian press. The Special Committee also examined a number of valuable communications and reports from Governments, organisations and individuals concerning the occupied territories that reached it aurinq the period under review. 441. On the basis of the information and 8viaenc8 put before it, the Special Committee concludes that during the reporting period the human rights situation of the Palestinians and other Arabs in the occupied territories has deteriorated to such an extent that this population is now reaching a state of mere survival. 442. The persistence of this negative trend, intensified in the recent period by the accumulated hardships of more than three years of struggle and by the repercussions of the Gulf crisis and ensuing war, basically aerives from the fundamental reality, stressed by the Special Committ8e since the outset of its /... A/46/522 English P&lg8 142 activities, that occupation in itself constitutes a violation of human rights. Israel has Continued, during th8 period under COnSid8ratiOn. t0 pursue and implement a general policy based on the claim that certain territories occupied by Israel in 1967 constitute a part of the State of Israel. This policy has led to the annexation of Jerusalem and the OCCUpi8d Syrian Arab Golan and the imposition of Israeli law over these territories. The Special Committee wishes to recall in this connection that the Security determined that all Council, in its resolution 476 (1980), inter, legislative and administrative measures and actions taken by Isra81 which have altered or purport to alter the character and status of the Holy City of J8rUSak3mr iind in pertiCUhr the *%esic Law" on J8rUSal8m, are null and void and must be rescinded forthwith. With regard to the occupied Syrian Arab Golan, th8 Security Council in it8 resolution 497 (1981). inter, decided that the Israeli decision to impose its laws, jurisdiction and administration on this territory was null and void and without international legal effect. This policy has also resulted in the establishment of settlements in the occupied territories, expropriation of property, transfer of Israeli citirens including Jewish immigrants to the occupied territories and in inducing, directly or indirectly, the Palestinian and other Arab pOpUlatioU to have their homeland. 443. The Special Committee stresses once again that such policy is in violation of the obligations of Israel as a State party to the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War. It should be recalled that this Convention stipulates that military occupation is to be considered as a temporar-y, de facto situation giving no right whatsoever to tbe occupying Power over the territorial integrity of the occupied Various illustrations of the Israeli attitude are provided in territories. the present report, such as the declaration made on 20 February 1991 by the Deputy Dousing Minister, to the effect that the Ministry planned to build several thousand houses in th8 territories over the next thr88 years, including 2,000 during fiscal year 1991. "The Ministry builds in th8 territories in response to the needs of the population in the territories, or of Israelis who want to move there, to the same extent as has been done in the past", he said (Jerusalem, 21 February 1991; see A/46/202, para. 242). This intention was further confirmed on 1 May 1991 when it was reported by w that the Housing Ministry was planning to build 24,000 new housing units in the West Bank, to accommodate 68,000 Jews (see para. 419 above). On 2 July 1991, it was reported that the Housing Ministry had set up a special office to oversee settlement activity in the territories, with a view to accelerating construction and expanding existing settlements. According to another report the increased construction planned in the territories could increase the Jewish population in the territories by half a million (m, -PQBt, 2 July 1991: see pare. 426 above). This accelerated settlement policy has been particularly noticeable in the J8rUSelem area Wh8r8, for instance, it was reported by Ila' on 27 May 1991 that an outline plan for the settlement of Ma'aleh Adumim, east of Jerusalem. provided for expanding the settlement over approximately 50 per cent of its present surface, thus almost linking it up with th8 eastern neighbourhoods of Jerusalem (see para. 424 above). The trend to settle new immigrants arriving /... A/46/522 English Page 143 in Israel in the occupied territories also persisted bring the reporting On 7 October 1990, Prime Minister Shamir stated that his pledge period. earlier in the year not to settle Soviet Jewish immigrants in the territories did not include East Jerusalem (Ua'aretg, Jerusalem Post 8 October 19901 see A/46/65, para. 241)~ and the Deputy Uousing Minister declared on 29 February 1991 that "The Ministry does not direct immigrants to the territories, but if they want to move there, nothing is stopping them" (Jerasalmt, 21 February 1991.1 see A/46/282, para. 242). raised to the status of an official policy, have 444. Repressive measures, continued to be implemented by the Israeli occupying authorities to quell the resistance of the Palestinian and other Arab civilians against occupation. For instance, on 26 October 1990, Ua'aretz reported that the security authorities had issued new instructions to soldiers and civilians regarding rules for opening fire. Under these instructions, approved by the Defence Minister in consultation with the Chief of Staff and the Judge '*in any situation of real and immediate danger to life, Advocate-Seneral. including when such a danger is caused by stone-throwing at a running car, the attacked person can open fire in order to prevent the danger" (see A/46/65, On 21 December 1990, it was reported by Ha'aret$ that, according para. 14). to an IDF spokesman, 15 Palestinians inciters and stone-throwers, including youths aged 14 to 16, were hit by marksmen over the previous week (see A/46/282, para. 11). On 2 January 1991, the Police Minister was reported by the -em Post as having declared that "every terrorist who comes to murder Jews must know that if he does not blow himself up in the process, the security forces will kill him** (see A/46/282, para. 15). 445. The climate of violence and repression prevailing in the occupied territories has resulted in heavy losses of humanlife as well as severe and widespread injuries usually inflicted in tbe course of demonstrations, army raids, clashes with guards or border policemen, or clashes with settlers. This violence has affected all categories of civilians, including very youag children, women and old people. Several witnesses referred in the course of their testimony to the climate of fear and indiscriminate repression A witness stated in this regard: prevailing in the territories. "They had established a campnear one of the schools in the village. Once the army came to my father's house, at about 10 at night. They took my brother away, as well as some children of the neighbours. They gathered them and took them towards the camp. They forced them to sweep the street. It was 12 o'clock at night. They did not give them anything to clean with, so they had to clean with their hands. . . . They took them to the camp. they beat them severely. When they released them, it was 4 o'clock in the morning. . . . Some of them were unable to walk, because of the heavy beating they had suffered. We tried to have ambulanaesto transport them to hospital. There they were given the necessary first aid ana they cameback hOm8." (See para. 261 above.) / . .. A/46/522 English Page 144 Another witness recalled her personal experience: "I heard that tbere had been a demonstration in the camp and that my aunt had died. I went to see her and as I was looking at her, I was hit by a bullet from the back. I lost consciou6ne66 and fell on the ground. I was bleeding a lot. The Israeli6 prevented the 6mbulance from taking me aud from getting any medical help. Finally, a youth came, brought an Arab car and took me to hospital, The Israelis followed us and started breaking everything in the hospital, because they wanted to take me I was operated that night, They tried to take me away from the away. operation room. I stayed two months in the hospital." (See pare. 262 above. 1 446. The grave incident that occurred on 8 October 1990 on tbu site of the Al-Aqsa Moeque, leading to the death of 17 Palestinian6 and the injury of some 200, was a particularly shocking example of the level and indiscriminate nature of the repression. On 14 October 1990, the Israeli human rights group Betzelem issued a report on the incident based on affidavits collected from Palestinians and statements given by Israeli eecurity personnel. According to the report, the clash apparently began when Palestinians threw stones at them to fire both tear-gas-and 6ub6equently live policemen, causiug ammunition, thu6 causing the first casualties. Palestinian youth retaliated by attacking and burning a police station and throwing stones. Later on some 200 police rushed into the compound, firing live ammunition and causing most of the fatalitiee. During that stage police sprayed the area with automatic fire, hitting people indiscriminately, including people who were fleeing and medical personnel treating the wounded. According to the Betoelem report's "if there were stage6 in which concrete mortal danger existed, these findinga, were brief, at the outset of the riot, when most (of the 6) security pereonnel and (22 Jewish) worehippere were hurt. But precisely in these stages, virtually no use wa6 made of live fire" (Hal, Jerusalem, 15 October 1990; see A/46/65, para. 22). 447. Another exemple is the situation that prevailed in the Rafah area in the ga6a Strip on 29 December 1990, during what was described as "the worst day in the past eix month6", when four Palestinians were shot and killed in violent clashes and a woman died after inhaling tear-gas (v, Jeruselsm, 30 December 1990; 6ee A/46/282, para. 43). 448. Another preoccupying development, reported by the Palestine liu61an Right6 Information Centre on 26 June 1991, was the killing of Palestinians in IDF undercover operations. According to the report, 26 Palestinian6 were killed in 6UCh operations in 1989, 11 in 1990 and 10 in the firet five months of killed while writing graffiti on 1991. bfO6t of the victim6 were reportedly walls, and other6 were either manning barricade6 or shouting slogans through loudspeakers. Ten were killed in circumstances that suggested they were specifically wanted by the authoritiee ana six were armed when killed (Jerusalem, 27 June 1991: 6ee pare. 44 above). I... A/46/522 English Page 145 449. The climate of tension and repression has also brought about an alarming increase of deaths that occurred under unclear circumstances. According to Betzelem, "during the period since the beginning of the uprising until the end of December 1990, 10 Palestinians were killed by Palestinians who collaborated with the authorities*'; according to the Associated Press agency, "during the same period 324 Palestinians were killed by other Palestinians on suspicion of collaboration with Israel" (&a*arets 2 January 1991; see A/46/202, para. 14). Information appearing in'the tables reproduced in paragraph 16 of document A/46/65, paragraph 16 of document A/46/202 and paragraph 49 above also indicates that, in addition to Palestinians killed by troops or Israeli civilians, an increasingly high number of Arab civilians have been killed, under various other circumstances. Although the motives for these killings often appear to be related to suspicion of collaboration with Israel, they are difficult to determine with any degree of certainty. What is certain, however, is the fact that the climate of tension, frustration and suspicion created and nourished by the occupation over such an extended period has greatly contributed to the development of this phenomenon. 450. During the period under consideration, grave deficiencies have continued The "quick to be witnessed in the field of the administration of justice. justice" policy pursued by the Israeli authorities has been illustrated by the large number of detentions, including administrative detentions. This is exemplified by a report by Ra'aretz on 27 June 1991 that the IDF on 26 June had amended the law on military courts in the territories, enabling a single-justice bench to impose prison sentences of up to 10 years, whereas hitherto only a three-justice bench could impose sentences of over 5 years in jail. According to military sources the reason for the amendment was that since the outbreak of the uprising courts in the territories had been Another illustration of the arbitrary overburdened (see para. 221 above). nature of the administration of justice was the administrative detention imposed on 29 January 1991 for a period of six months upon Sari Nusseibeh, considered to be one of the leading moderate Palestinian intellectuals in the territories. Although the Defence Minister stated that Nusseibeh was detained "for the subversive activity of collecting security information for Iraqi intelligence, especially after missile attacks on Israel", the detention was later reduced to three months upon a suggestion by the Jerusalem District Court judge who expressed the conviction that the detention was simply preventive, justified by the state of war (Hagare& Jerusalem, 30 January and..4 February 19918 see A/46/282, para. 125). 451. The Special Committee is particularly concerned by the severity of the sentences imposed upon the Arab population as opposed to the leniency from which Israelis charged with killing or ill-treating Arab civilians have For instance, Ramadan Gorav (20), the brother of one of those benefited. killed on 8 October 1990, was sentenced to 15 months' imprisonment and 6 months' suspendedterm for planning to kill a policeman as an act of revenge (Jerusalem, 25 December19901 see A/46/282, para. 117). Another example was the report in &uW&L&& on 8 April 1991 according to which the Jerusalem District Court had recently sentenced a minor to 12 years' imprisonment after he was convicted of stabbing and injuring Yosef Edr, a I... A/46/622 English Page 146 yeshiva student, on 12 June 1990 in East Jerusalem (see para. 191 above). By way of contrast, it should be noted that on 19 November 1990, the Israeli Major (res.1 ,Ilan Heuser was acquitted of the charge of manslaughter through negligence. According to testimony, in December 1989, he haa ordered without authorizetion the male residents of a village to assemble and then fired his weapon illegally. One villager, Faraj Abu Fahida, had died. Hauser was improper conduct ana illegal use of a convictea of exceeding his authority, weapon. and sentenced to 45 days of "service works" and demotion to the rank of lieutenant. On 15 April 1991, the Military Court of Appeal acquitted Major iiauser of two out of the four charges on which he had been found guilty by the lower court. The Court of Appeal determined that the sentence should be a suspendedprison term and demotion to the grade of seren (captain) (&'aretE. B, 20 November 1990, &a'aret& 16 April 1991: see was the ruling A/46/65, para. 139, and para. 245 above). Another il&stration by a Jerusalem Magistrates Court judge on the El October 1990 incidents on the site of the Al-Aqsa Mosque. In the report on the incidents, made public on 19 July 1991. the judge singled out a number of policemen for opening fire needlessly while not being in a life-threatening situation. But he ruled that there was insufficient evidence to press criminal charges against any of them. He also ruled that none of the policemen should be indicted on lesser charges of criminal negligence because of the uncertainty of the evidence collected (Jaruselem, 19 July 1991; see para. 256 above). 452. The situation of detainees has continued to be a source of grave preoccupation during the period under consideration, and the very high number of Arsb civilians detained since the beginning of the uprising has contributea to a further deterioration of the status and treatment of prisoners. On 21 December1990, &'aretK reported that, according to the Judge Advocate-General, since the beginning of the uprising over 10,000 residents of the territories had been arrested (see A/46,262, para. 11). On 15 July 1991, the commanaer the military police reported that 9,128 resiaents of the of terrttories were currently being held in military prisons. They included 580 hela in administrative detention. Some4,091 of the persons aetainea were convicted prisoners serving their sentences; 2,966 were pre-trfal detainees ana 691 were "regular detainees** (Ha', 16 July 19911 see pare. 401 above) . Detainees have continued to be held in prisons and detention centres inside Israel itself, such as Ansar 3 (Ketziot), in violation of relevant provisions of article 76 of the Fourth Geneva Convention. According to several reports, detainees, including minors and women,have also continued to be subjected to various forms of ill-treatment, both physical and psychological. Reference can be made in this connection to the report issued by Detzelem on 21 March 1991 on the basis of interviews with 41 Palestfn!an detainees, who alleged having been tortured during interrogation by the GSS over the past three years. The detainees claimed they had been subjected to severe beatings, deprivation of food and sleep, threats to harm family members, prolonged confinement in tiny refrigerated cells, being tied up in painful positions, having their heads coverea with a sack and being made to sit on wet floors for several hours. None of the 41 were convicted, or even suspected of "hostile terrorist activity". Betzelem reaches the conclusion that physical abuse was routine in Israeli prisons (W, Jerusalem, 22 March 1991; see A/46/282, para. 236). Other complaints by detainees, often /... A/46/522 English Page 147 leading to protests in the form of widespread hunger strikes, have included the overcrowding of cells and lack the inadequate food and medical treatment, of sanitary facilities, and the lack of proper arrangement6 for meeting6 between detainees and their lawyers or their family members. 453. Various measures of collective punishment have continued to be implemented against the Palestinian and other Arabs in the occupied territories during the period under consideration, in flagrant violation of The practice of the relevant provisions of the Fourth Geneva Convention. demolishing or sealing off houses as a punishment for alleged security offences or for lack of a building permit has continued to be implemented on a very large scale. According to a report by Beteelem on 28 April 1991, quoted on 1 Way 1991 in w since the beginning of the uprising 391 houses had According to another been demolished and 261 sialed (see para. 276 above). report published by Betselem on 22 November 1999 and quoted by H.&%.&a and Jerusalem Post., acts of demolition or sealing as a punishment for security offeuces were carried out without any legal proceeding, and took effect irrespective of the sentence meted out to the defendant by the court. The victims were often relatives of the suspect (see A/46/65, pare. 159). The illegal nature of such measures is clearly illustrated by the case of Munsir Abdullah. who was killed on 15 April 1991 after he drove over a soldier and injured him. Abdullah left a wife and six children, the youngest being 10 months old. The IDF had decided to demolish hi6 house. After an appeal against the decision was made by ACRI, it was decided that instead of demolishing the house, the room in which Abdullah lived would be sealed (see para. 275 above). 454. The prolonged and continuous curfew6 imposed upon the occupied territories during the Gulf war for periods that in certain areas extended six week6 have had a dramatic impact on all aspects of life and have contributed to further deterioration in the already precarious health and living conditions of the population. Many witnesses referred in their testimony to the hardships suffered by the civilian Palestinian population other Arabs during this period. One of them stated in this regards "During the Gulf war, not one institution was able to work, particularly during the month of February, while the air attacks were continuously taking place. Nobody was able to move. We were living under total curfew. All institutions, whether educational or otherwise, Until a few days ago only, you could not go to Jerusalem were closed. without a permit." (See para. 279 above.) Another witness said in the same connection: were many acts of harassment. . . . We had about 30 days old. They all died, feed and were prevented during the curfew happened to me, but other people had sheep from going out with their sheep to the farmers being prevented from leaving their / . .. to and "During the curfew, there about 2,000 chickens, they were because we did not have poultry This is what from getting it. for instance and were prevented There were also pasture land. A/46/522 English Page 146 house aa till their land. Anyone who ventured to get some f00a or anything would try to do so at night and, if they caught him, he would be fined between 500 and 1,000 shekels, and sometimes even 2,000 shekels. The curfew was During the curfew, we suffered very much economicalIy. continuous, 24 hours a day. From time to time, after two or three days, they would allow UB out for two hours. They would lift the curfew in one village, but not in the other ones, so you could not leave your village and go to another one. So, you could say that at least 90 per cent of the social life was restricted, in fact non-existent." (See para. 279 above. ) 455. Another illustration of the difficulties encountered under prolonged curfews to provide basic needs to the Arab population were Israeli newspaper reports according to which Palestinians in the territories were running short of money to buy goods, and that there was no food to buy. Complaints spoke of doctors prevented from entering villages and a large quantity of farm including milk products. were to be destroyed owing to the products. impossibility of marketing them to the areas under curfew (EIa'aretz 1 February 199lr Jerus&WlJ Post, 31 January 19917 see A/46/292, par:. 168). Yet another example was the appeal made by ACM to the Defence Minister on 7 February 1991 to end the curfew in the territories, describing the situation there as being "on the verge of starvation" in several areas (see A/46/262, pera. 193). Various other collective sanctions, including heavy taxes, the uprooting of trees and the increasingly repressive measures for the issuance of ID cards, leading in practice to preventing tens of thousands of Palestinian workers from continuing their employment inside Israel, have also further aggravated the already critical economic and social situation. An illustration of these harsh collective sanctions was the search and arrest operation carried out by troops using helicopters in Beita, near Nablus, in April 1991, while Civil Administration personnel collected taxes (&9'areb, 14 April 19911 see para. 64 above). 456. The period under review has also witnessed a resumpeion of deportations on "security grounds" from the occupied territories carried out in spite of a wave of international protest against this violation of article 49 of the Fourth Geneva Convention, including unanimousresolutions by the Security Council against such illegal practice. On 18 Uay 1991, four Gaea Strip residents were expelled to Lebanon after the High Court of Justice rejected , their petition against their deportation (Ha, Jerusalem..Psst, 15 and 20 May 1991; see para. 337 above). Another preoccupying element is the trend to espel Palestinians without a valid "staying visa". According to a report by Ba.' and Jerusalem on 16 August 1991, Betselem stated in a press conference on 15 August 1991 that at least 20 women married to Palestinian6 had recently been ordered to leave the West Bank with their children despite a declared policy of the State Attorney's office that non-resident wives and children Of W8St Bank residents WOUld not b8 deported (see pare. 330 above). 457. The Special Committee has also received during the recent period information on various measures affecting the enjoyment of certain basic freedoms. Reference has already been made in this connection to the recourse / ... A/46/522 English Page 149 of Israeli authorities by these authorities to prolonged curfews. In addition, various steps taken have further restricted freedom of movement, such as the increasing recourse to the issuing of "green ID cards" preventing inhabitants of the territories from entering Israel and East Jerusalem. According to a report by ffa'aret& on 14 December 1990, many of those who received 6uch cards (including journalists, lawyers and doctors) work in East Jerusalem and may now lose their jobs and livelihood. Security sources said that this measure would apply to up to 12,000 people. Most of those who received cards haa served prison sentences or were under administrative detention orders in the past (ble'aretq, 14 December 1990; see A/46/292, para. 220). In addition, arbitrary measure6 have considerably reduced the number of persons authorised to travel abroad. limiting freedom of movement have also negatively affected the right to freedom of religion. Illustrative of such the decision reported by &&.&R&R and Jerusalem Post on to declare the entire West Bank a closed military area on 1990 to prevent West Bankers from coming to Jerusalem for at Al-Aqsa Mosque (see A/46/65, para. 211). of expression has also been affected by measures the closure of several news offices ana the Mention can be made of the administrative 1990, of two leading West Bank journalists, Abu Ziad. on the accusation of being **senior Fatah Both have repeatedly called for a negotiated a Palestinian State next to Israel (m*aretB 1990; Ba'areta, 26 November 1990; see A/46;65, 458. Such obstacle6 the enjoyment of restriction6 was 11November 1990 9 end 10 November the Friday prayer6 459. The right to freedom suck a6 newspaper closures, harassment of journalists. detention, on 13 November Radwan Abu Ayash and Zaid activists" in the territories. peace with Israel and.for mm Post, 14 November para. 216). 460. Freeaom of eaucation has also been hampered 8s a result of the prolonged closure6 of academic institutions. Although the reopening of most schools and some universities has in principle been announced, freedom of education in the territories has continued to suffer in practice from numerous and prolonged closure orders. According to a report by Betselem concerning the last academic year iu the territories, closure oraers have affected all the West Bank schools and not necessarily school6 where there were clashes with troope. Thus, during a certain period, primary school classes an& even kindergartens were ordered closed. The report stated that during the first four months ti 1990. 29 per cent of MRWA schools in the Gaea Strip were ordered closed (&&R&S 19 October 1990; se8 A/46/65, para. 221). These long period6 of interruphion in the educational process, together with sever8 shortages of classrooms and adequate teaching material, and the banning by military authorities of attempts by teacher6 to provide for alternative education outside the ClOSed 6ChOOl6 and univarsities, have led to a dramatic decline of the educational level, in particular among young children. 461. The period under review has also been marked by acts of violence and aggression by Israeli settlers against the Palestinian and other Arab An example of the indiscriminately violent behaviour of settler6 population. / ... A/46/522 English Page 150 is the incident that occurred on 18 February 1991 involving a settler from Teqo'a near Bethlehem who on 24 February 1991 confessed that he had fired his sub-machine-gun while his car was stopped at a makeshift road block in A bullet struck a 14-year-old Palestinian in the kitchen of his Beit &hour. home, killing him (aem Post, 24 February 1991) 888 A/46/282, pare. 232). Another illustration is the incident that took place at A-Ram junction, north of Jerusalem, on 12 May 1991. when settlers from Shfloh opened fire at an Arab minibus, injuring two 4- and 5-year-old children. The settlers later claimed that the passengers of the minibus had thrown cans at their bus, and that it had tried to run them off the road. One of the injured boys had to be hospitalised (&*aretR, Jerusalem, 13 May 1991) see para. 319 above). Another serious incident occurred on 8 June 1991, when a settler shot dead an Arab shepherd (tte'aretR. Jerusalem, 9 June 19918 see para. 380 above). the report of the Special Committee also contains information on 462. Finally, the incidents that have affected the situation in the occupied Syrian Arab Golan. including the killing. on 22 November 1990, of a resident of Majdal Shams trying to cross the border into the Syrian Arab Republic. He was killed by IDJ? troops who mistook him and another person accompanying him for Jerusalm terrorists trying to infiltrate into the country (&&R&R, , 25 November 1990; see A/46/65. pare. 243). 4133. The intensification of the annexation policy, already mentioned above (see para. 443), has also affected the occupied Syrian Arab Golan. An example of the determination to expand settlements in that area was the declaration of the Housing Minister before the Knesset, on 18 March 1991, accortling to which the Jewish population in the Golan would be tripled by building 2,400 housing units there over the next two years. Iie said the building programme was a concrete statement of the Government's intention to remain on the Golan oi&&&& Walem Post, 19 March 1991; see A/46/282, para. 247). Another illustration of this policy was the announcement, on 21 May 1991, that a new settlement, called "Ranaf", was to be inaugurated and that two others were planned in the Golan (tta'aretd 21 May 1991) see para. 436 above). It was further announced on 23 July lb91 by the head of the Golan Heights Regional Council that four new settlements would be set up shortly in the region and that new immigrants would settle there (Jerusalem, 23 July 1991) see para. 437 above). 464. In the opinion of the Special Committee, the overall picture drawn from the evidence and information examined by it during the period under consideration, that is, 1 September 1990 to 22 August 1991, reveals a further deterioration in the level of enjoyment of basic human rights and fundamental freedoms, which has Dangerously increased the already considerable physical and psychological stress enclured by the Palestinian people and other Arabs of the occupied territories. The provisions of the Fourth Geneva Convention, which remains the main international instrument in humanitarian law that applies to the occupied territories, continue to be violated. Furthermore, several relevant provisions of the Universal Declaration of Human Rights, the Iuternational Covenant on Civil and Political Rights and the International I... A/46/522 English Page 151 Covenant on Economic, Social and Cultural Rights, as well as several resolutions relevant to the situation of civilians in the occupied territories adopted by United Nations organs - the General Assembly, the Security Council, the Economic and Social Council and the Commission on Human Rights - and a number of relevant resolutions of UNESCO, WHO and ILO, continue to be disregarded by the Israeli occupation forces. 465. The gravity of such developments has led the Special Committee to conclude that the life of the Palestinian and other Arab population in the occupied territories seems to have been reduced to the level of mere subsistence. The Special Committee, therefore, once again stresses that urgent measures must be taken in order to ensure an effective protection of their basic rights and freedoms. It also wishes to emphasise the need to arrive through negotiations at a comprehensive, just and lasting settlement of the Arab-Israeli conflict that would take into account the rights of all peoples in the area, including the national rights of the Palestinian people and other Arabs of the occupied territories. 466. In the meantime, the Special Committee wishes to recommend once more the implementation of urgent measures that would Safeguard the basic human rights of the Palestinian people and other Arabs in the occupied territories. Such measures could include the followings (a) The full application, by Israel, of the relevant provisions of the Fourth Geneva Convention, which remains the main international instrument in humanitarian law that applies to the occupied territories, and whose applicability to those territories has repeatedly been reaffirmed by the Security Council, the General Assembly and other relevant organs of the United Nations: (b) The full compliance with all resolutions pertinent to the question cf Palestine as adopted by the Security Council and the General Assembly as well as other relevant resolutions adopted by UNSSCO, WHO and IL08 (c) The creation of conditions of confidence and security conducive promoting respect for human rights, as well as the convening of a peace conference with the participation of all the parties concerned by the Arab-Israeli conflict; to (d) The full cooperation of the Israeli authorities with the International Committee of the Red Cross (ICRC) in order to protect detained persons, in particular by ensuring full access of ICRC representatives to such persons; (e) The full support, by Member States, of the activities of ICRC in the occupied territories, and positive response by Member States to any appeals for additional assistance, including funds to finance the extra activities required by the unprecedented increase in the number of detained persons; /... A/46/522 English Page 152 (f) The full occupied territories general assistance support, by Member States, of UWRWA activities in the in order to enable DWRWAto maintain and improve the provided to the refugee populstioa; (g) The unrestricted cooperation of the Israeli authorities with UNRWA representatives and full respect by the Israeli authorities of the privileges and immunities that the Agency enjoys as an international body providing humanitarian services to Palestinian refugees in the occupied territories. VI. ADOPTION OF TRS REPORT 467. The present report was approved and signed by the Special Committee on 22 August 1991 in accordance with rule 20 of its rules of procedure. a;/ Add.lNorr.1 A/32/264: Documents and 2; A/33/356: A/40/702: A/39/591; A/8089$ A/6628; A/34/631: A/41/680: A/8389 and Corr.1 A/9146 and Add-l; A/35/425: A/42/650; A/36/579; A/43/694: and 2; A/8369/Add.l and A/9817? A110272~ A/31/218) A/37/485; A/44/599: A/38/409; and A/45/576. , , I , agenda , agenda 21 Official herds of the. mentv-fifth &hle@~, agenda item 101, document A/8237; ibid., m &uR~xQ& agenda item 40, document A/8830; ibid., m-seventh Annexes, agenda item 42, document A/8950t ibid., m &RQR~~, agenda item 45, document A/93741 ibid., ?tselltv &RWW&& agenda item 40, document A/9872; ibid., Thirtieth, agenda item 52, document A/10461; ibid., TBirfv-first. item 55, document A/31/399: ibid., item 57, document A/32/407; ibid., item 55, document A/33/439; ibid., aairtr-faurth item 51, document A/34/%91 and Add.11 ibid., atirtv-fifeh agenda item 57, document A/35/%741 ibid.. agenda item 64, document A/3%/632/Add.l; ibid.. Thirtv-seventh &RRR~R, agenda item %l, document A/37/%98; ibid., m m, agenda item 69, document A/38/718t ibid., m m, agenda item 71, document A/39/712$ ibid., Fortie;h# agenda item 75, document A/40/8901 ibid., -.session. item 71, document A/41/750; ibid., lortv--, item 75, document A/42/811~ ibid., portv-thfr8, item 77, document A/43/904$ ibid., Portv-fourtk item 77, document A/44/816: and ibid., portv-fifth SW item 75. document A/45/823 and Corr.1. 11 OfficiaL_RecorBs of the General &LM?R9&, agenda item 101, document A/8089, annex III. I , agenda , agenda , , I agenda agenda agenda , agenda , agenda , I /... A/46/522 English Page 153 m 91 (continued) vol. 75, No. 973, p. 287. United Nations, -series, Ibid., Ibid., No. 5/ Ii/ 11 81 972, p. 135. 249, No. 3511, p. 215. Press, 1915. vol. Carnegie Endowmentfor International Peace, m of IBp9 and 1907, NewYork, Oxford University General Assembly resolution 2209 A (XXI). /... A/46/522 Enqlfsh Page 154 MAP SHOWING ISRAELI SETTLEMENTS ESTABLISHED IN THE TERRITORIES OCCUPIED IN JUNE 1967 Golan Heights 43 West Bank 190 Gaza Strip 27 New settlements reported the Special Committee since 1 September 1990 Town selected for reference purposes Israeli settlement l l to o Sat&mantsin~GolanHai established but not located: The present map reflects information concerning Israeli settlements which has been submitted to the Special Committee to Investigate Israeli Practices AfWting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories The designations employed and the presentation of material on this ma.0 do not imply the expr&-ion of any opinion whatsoever on the part of the Special Committee or the Secretariat of the United Nations concerning the @a/ status of any country. territoy, My or area or its authorities, or concerning the delimitatio:, of its frontrefs or boundaries. MEDITERRANEAN SEA JORDAN / ISRAEL Jrrusalen17\Yu .a.,\/-- *"'