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To the Federal Court of Canada.Israel Against Christians.Refugee Story2: part 2

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The debate on Israel's Law of Return and open door policy also reflects Israel's changing attitudes to its responsibilities toward diaspora Jewry. Most Israelis remain proud of the policy which has afforded refuge to Jews escaping from Bosnia or Ethiopia or Chechnya. Nevertheless, there is a growing negative reaction to the perceived burden that these olim create. It is not only Ora Namir's concern for her social welfare budget, but also for various forms of asocial behavior attributed to the immigrant population ю crime, prostitution, alcoholism, as well as their lack of Jewish identity, national allegiance, and shared sense of destiny. A recent poll shows that 51 percent of the Israeli public thinks that there is no longer a need for the State of Israel to accept additional immigrants.

Recently, even the voice of ecology was heard to question the Law of Return. An article in an Israeli nature magazine called upon the Israeli government to restrict immigration in order to protect Israel's ecology. Revision of the Law of Return is necessary to preserve this tiny land's natural resources and beauty.

If this were not enough, there are also voices coming from Israel's Arab minority calling upon the state to cancel the Law of Return because it is biased and discriminatory.

This assault on the Law of Return goes far beyond social welfare issues, nature trails, and minority rights. It raises some very profound questions about the character of Israel as a Zionist and Jewish state. Little wonder that there is such hesitation and resistance to opening up this controversy. There are too many fears involved.

* * *

David Clayman is a Fellow of the Jerusalem Center for Public Affairs and Director of the Israel Office of the American Jewish Congress.

The Jerusalem Letter and Jerusalem Letter/Viewpoints are published by the Jerusalem Center for Public Affairs, 13 Tel-Hai St., Jerusalem, Israel; Tel. 972-2-5619281, Fax. 972-2-5619112, Internet: jcpa@netvision.net.il. In U.S.A.: 1515 Locust St., Suite 703, Philadelphia, PA 19102; Tel. (215) 772-0564, Fax. (215) 772-0566. љ Copyright. All rights reserved. http://www.jcpa.org/jl/hit01.htm

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ISBN:0 86210 313

AI index:POL 10/001/2002

www.amnesty.org

љCopyright Amnesty International Publications 2002

Amnesty International Report 2002 - This report covers the period January to December 2001

ISRAEL AND

THE OCCUPIED

TERRITORIES

STATE OF ISRAEL

Head of state:Moshe Katzav

Head of government:Ariel Sharon (replaced Ehud Barak in

March)

Official languages:Hebrew,Arabic

Death penalty:abolitionist for ordinary crimes

2001 treaty ratifications/signatures:Optional Protocol to

the UN Children 's Convention on the

involvement of children in armed conflict

More than 460 Palestinians were killed during 2001 by the

Israeli security forces;most were unlawfully killed.Among

the victims were 79 children and 32 individuals targeted

for assassination.More than 2,000 Palestinians were

arrested for security reasons.There were widespread

reports of police brutality.Palestinian detainees frequently

reported that they were tortured or ill-treated during

interrogation.At the end of the year at least 40 people

were under administrative detention.At least 33

conscientious objectors were imprisoned during 2001.

Hundreds of Palestinians from the Occupied Territories

were tried before military courts in trials whose procedures

fell short of international standards.Collective

punishments against Palestinians included closures of

towns and villages,demolition of more than 350

Palestinian homes and prolonged curfews.Palestinian

armed groups killed 187 Israelis,including 154 civilians.

Background

Prime Minister Ariel Sharon took office in March,leading a

coalition government.Israeli colonies,generally known as

settlements,in the Occupied Territories continued to be

maintained and sometimes expanded.The General Security

Service (GSS),which interrogates most Palestinian detainees,

was renamed the Israeli Security Agency (ISA).

Intifada

The al-Aqsa intifada(uprising)continued throughout 2001.

From January onwards,the Israeli Defence Forces (IDF)

went increasingly on the offensive,invading Palestinian

areas,including areas under full Palestinian Authority (PA)

control.The Oslo peace process had defined three areas in the

West Bank:Area A,where the PA held responsibility for civil

affairs and internal security,while Israel was responsible for

external security;Area B,where the PA held responsibility for

civil affairs while Israel had overriding responsibility for

security;and Area C,where Israel has sole responsibility for

civil affairs and security.

Palestinian houses,especially those close to borders or

settlements,were frequently destroyed without warning and

orchards and agricultural or industrial installations were

destroyed.Most of the towns and villages in the Occupied

Territories were closed by physical barriers or by army

checkpoints during 2001.

The IDF used heavy weaponry,including tanks,

F16 fighter aircraft and naval gunships,to shell randomly

Palestinian areas from where Palestinians had opened fire.

Palestinians were killed unlawfully by the Israeli security

forces.Israeli security forces killed some Palestinians during

gun battles.Palestinian armed groups killed Israeli security

force personnel and deliberately targeted Israeli civilians.

In August,the IDF assassinated Mustafa Zibiri (also known

as Abu 'Ali Mustafa),the leader of the People 's Front for the

Liberation of Palestine (PFLP).In October,in reprisal,

members of the PFLP killed Rehavam Ze 'evi,who had just

resigned as Minister of Tourism.Following the killing the IDF

reoccupied six Palestinian towns.

The Commission of Inquiry set up by the Fifth Special

Session of the UN Commission on Human Rights in October

2000 reported in February.In April a fact-finding committee

set up by the Sharm al-Shaykh summit in October 2000

presented its report,known as the Mitchell Report.

Recommendations included calls on the Israeli government

to freeze settlements,lift closures,ensure that the security

forces stopped destroying Palestinian homes and ensure that

any response to Palestinian gunfire minimized danger to the

lives and property of Palestinian civilians.The report called

on the PA to prevent Palestinian gunmen from using

Palestinian populated areas to fire on Israeli populated areas

and to arrest the perpetrators of attacks.A number of

attempted cease-fires failed.

Unlawful killings

Israeli security forces killed more than 460 Palestinians,

including 79 children.The vast majority were killed

unlawfully,when the lives of others were not in imminent

danger,during demonstrations,during shelling of residential

areas and at checkpoints.At least 32 Palestinians were

deliberately targeted in extrajudicial executions which also

killed 15 bystanders.IDF and other Israeli security forces

using high-velocity ammunition and rubber-coated metal

bullets killed and wounded demonstrators throwing stones or

Molotov cocktails.Ammunition used against Palestinians

included mortars,grenade launchers and artillery shells,

including shells containing flechettes (5cm-long steel darts).

b Fatima Abu Jish was killed in January as she was returning

to her village of Beit Dajan from the hospital in Nablus where

she worked as a receptionist.The IDF fired at her car which

was in a queue of cars slowly travelling along a track through

the fields because an IDF barrier had blocked the road to the

village.The IDF first stated that soldiers had been firing in

response to shots.It then admitted that no shots had been

fired at the checkpoint.The IDF then claimed that a soldier

had fired at the wheels of Fatima Abu Jish 's car and that

disciplinary procedures would be taken against him.No

reason was given why one car in a convoy should have been

targeted..ISBN:0 86210 313

AI index:POL 10/001/2002

www.amnesty.org

љCopyright Amnesty International Publications 2002

Amnesty International Report 2002 - This report covers the period January to December 2001

b Two Bedouin women and a child were killed in June in the

Gaza Strip when an Israeli tank shelled their tent with a

120mm shell filled with up to 2,000 flechettes.Three other

artillery shells exploded in the same area,wounding other

Bedouin and killing sheep.The IDF initially said it was

responding to gunfire,but later said that the killings had been

a "mistake ".

b Jamal Mansur and Jamal Salim were assassinated in

Nablus when the IDF fired two missiles from an Apache

helicopter in July.Six other people,including two children

aged six and 11 who were playing outside the building,were

also killed.Jamal Mansur and Jamal Salim were Hamasleaders

who ran the Palestinian Centre for Information.

Arrests

At least 2,000 Palestinians,including about 100 from Israel

and more than 1,900 from the Occupied Territories,were

arrested during 2001.Several of those arrested were prisoners

of conscience.More than 90 Palestinians were arrested

during raids into Area A.Palestinians arrested were

frequently held in prolonged incommunicado detention

without access to lawyers or family.

b In May Israeli security forces arrested Samer Fawzi

Awartani,Administrator of the Rafidiya Hospital in Nablus,on

his return from a conference in the United Kingdom where he

had discussed medical problems during the intifada.He was

held in Petah Tikva Detention Centre.The High Court of

Justice twice rejected petitions to allow him access to an

attorney and he only had access to a lawyer after 22 days in

incommunicado detention.He was a prisoner of conscience.

In June an administrative detention order was issued against

him for "endangering state security ".However,he was later

released without charge after 51 days 'detention.

Police brutality

Palestinians frequently suffered verbal or physical abuse

from members of the Israeli security forces.Security force

personnel who carried out attacks on Palestinians benefited

from impunity in all but the most high-profile cases.

Torture and ill-treatment

There were numerous allegations of torture and ill-treatment

by the ISA.Victims included Palestinian citizens of Israel and

Palestinians from the Occupied Territories.Many of the latter

were held in prolonged incommunicado detention for 20 days

and sometimes for up to 70 days.

b Muna 'Ubayd,a teacher and a Palestinian citizen of Israel,

was arrested in August.She was held for 27 days in solitary

detention in the Petah Tikva Detention Centre,apparently

suspected of having had contacts with Hizbullah.During her

interrogation she was reportedly manacled or tied to a chair,

her blouse was pulled and she was thrown several times

against the wall.She said she was frequently insulted and was

threatened with the rape of her mother.She was also

subjected to loud noise in a cell which was constantly lit.

During her detention she was transferred three times for

several hours to hospitals and to a psychiatric hospital.She

was only able to meet her lawyer after 10 days '

incommunicado detention.She was charged with "having

relations with a terrorist organization "and released in

September on bail;no trial had taken place by the end of the

year.

Administrative detention

At least 70 administrative detention orders were issued;by

the end of the year the number of those in administrative

detention had risen from 12 to 40.Among them were six

Palestinian citizens of Israel and Lebanese nationals placed in

administrative detention under Israeli law.Administrative

detainees are held without charge or trial or any right to full

appeal.

b Two Lebanese nationals,Shaykh 'Abd al-Karim 'Ubayd

and Mustafa al-Dirani,abducted from Lebanon in 1989 and

1994 respectively,continued to be held in secret detention as

hostages without access to the International Committee of

the Red Cross.

Conscientious objectors

At least 33 Jewish and Druze citizens of Israel who refused to

perform military service or to serve in the Occupied

Territories were sentenced to terms of imprisonment of up to

four and a half months.They were prisoners of conscience.

Unfair trials

Hundreds of Palestinians were tried by military courts in trials

which did not meet international standards for fair trial.

b Sana 'Amer,aged 14,was arrested in February in Hebron,

accused of planning to stab a settler.She alleged that she was

punched during her arrest.She was held in the Moscobiyyeh

Detention Centre in Jerusalem for 19 days and was only

allowed one visit from her father.She was tried before the

Military Court in July.Her legs were bound throughout the

trial and she was handcuffed when the judge left the room.

She appeared not to have a clear understanding of the judges '

questions,but was sentenced to one year 's imprisonment

with an additional four-year sentence suspended for five

years.She was released in November,a month after she

became eligible for parole.

Political prisoners

At the end of the year,2,200 Palestinians were held on

political charges;some were allegedly ill-treated.

Palestinian children held at Abu Kabir Detention Centre

alleged that they were beaten,sexually abused and insulted

by fellow prisoners;for several months families were not

allowed to visit them in prison.More than 1,000 political

detainees in Megiddo Prison were held in tents in

overcrowded conditions.All prisoners suffered from a lack

of family visits because of Israeli government restrictions on

Palestinian movement.

House demolitions

The Israeli authorities destroyed Palestinian houses for

alleged security reasons,as punishment,and as part of a

discriminatory planning policy which prohibits the building of.ISBN:0 86210 313

AI index:POL 10/001/2002

www.amnesty.org

љCopyright Amnesty International Publications 2002

Amnesty International Report 2002 - This report covers the period January to December 2001

Palestinian houses while freely allowing Israelis to construct

settlements.At least 350 Palestinian houses were destroyed

in the Gaza Strip,East Jerusalem and the West Bank during

2001.

Closures and curfews

The Israeli authorities maintained strict closures on most of

the Palestinian areas of the Occupied Territories.The Gaza

Strip was surrounded by a high wire fence and throughout the

year most Gazans were forbidden from entering Israel,the

West Bank and Jerusalem.Some Palestinian areas of the Gaza

Strip were barred to non-residents.In the West Bank roads to

Palestinian towns and villages were repeatedly closed by

earth barriers,concrete blocks and deep trenches.

Palestinians from the West Bank were barred from entry into

East Jerusalem except with special permission.Palestinians

were barred from travelling along certain roads in the

Occupied Territories.Although regulations required IDF

soldiers to allow medical emergencies through,these were

often ignored and at least 29 people died after delays

impeded their access to hospitals.

b Fatima 'Abed Rabbo,a woman in labour,was turned back

twice in October as she tried to cross checkpoints to go from

al-Walaja to hospital in Bethlehem,3km away.Soldiers only

allowed her through as the baby was being born;attempts to

save the baby in hospital failed.

Killings by armed groups

A total of 187 Israelis,including 154 civilians,were deliberately

killed by Palestinian armed groups. At least 36 of those killed

were children. The main armed groups involved in attacks

were Fatah, the dominant political force in the PA, Hamas,

Islamic Jihad and the PFLP .Others were killed by new groups

whose organization and affiliation remained vague. Hamas

and Islamic Jihad frequently carried out attacks in crowded

places, apparently to target the maximum number of Israeli

civilians.

b A total of 21 people were killed, including 12 children, and

84 injured when a Palestinian suicide bomber blew himself up

among a group of young people waiting outside a disco near

the Dolphinarium in Tel Aviv in June.Hamasclaimed

responsibility for the bombing.

United Nations

The UN Committee against Torture considered Israel 's third

periodic report in November. The Committee 's conclusions

raised concerns about continuing torture and administrative

detention, and stated that Israel 's policy of closures and

demolitions of Palestinian homes may amount to cruel,

inhuman or degrading treatment.

Geneva Conventions

In December a meeting of High Contracting Parties to the

Geneva Conventions reaffirmed the applicability of the

Fourth Geneva Convention to Occupied Palestinian Territory

and called on Israel, the Occupying Power, to refrain from

carrying out grave breaches of the Geneva Conventions such

as wilful killings and extensive destruction and appropriation

of property not justified by military necessity.

AI country reports/visits

Reports

•Israel/Occupied Territories: State assassinations and other

unlawful killings (AI Index:MDE 15/005/01)

•Israel/Occupied Territories:Broken lives -a year of intifada

(AI Index:MDE 15/083/2001)

Visits

AI delegates visited Israel and the Occupied Territories in

January,February,March,July and September. In March AI 's

Secretary General visited the area in order to launch a human

rights agenda for peace.



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