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Respect for Human Rights Key to Middle-East Conflict

Rights & Democracy welcomes the agreement reached during the emergency summit in Sharm el-Sheikh, where both Israeli Prime Minister Ehud Barak and Palestinian leader Yasser Arafat agreed to take measures to end violence in the Occupied Territories.

Montreal, October 19, 2000 ? Rights & Democracy welcomes the agreement reached during October 17's emergency summit in Sharm el-Sheikh, Egypt, where both Israeli Prime Minister Ehud Barak and Palestinian leader Yasser Arafat agreed to take immediate and concrete measures to end the violence which has been raging since September 28.

We sincerely grieve the human loss of both Palestinians and Israelis. By now, over 100 people have been killed, another 3000 have been injured, physical infrastructure has been destroyed, and much good will has been lost.

We believe that the Sharm el-Sheikh agreement has the potential to advance the dialogue between the parties in the peace process but it is not intended to tackle all the human rights issues that rest at the heart of the conflict. Despite United Nations Resolutions 242 (1967) and 338 (1973), Israel still retains control of over 60% of land in the Occupied Palestinian Territories. On both sides of the Green Line, Palestinians are deprived control and access to their own land, water and other resources through land seizure, house demolition and restrictions on social and economic development. Israel employs measures of collective punishment, such as closure. Both the Committee on the Elimination of All Forms of Racial Discrimination and the Committee on Economic, Social and Cultural Rights found Israel in violation of its treaty obligations.

Hundreds of Palestinians have been imprisoned. Israel routinely denies detainees rights to due process. Detainees are subject to long periods of incommunicado detention, denied access to lawyers and early recourse to a judicial authority. Within Israel, there is a significant risk that state security concerns will override the rights of defendants to a fair trial as it has been the case several times in the past.

Although we are relieved that the creation of a fact-finding committee has been agreed upon, this committee must include independent and impartial justice experts to investigate all killings of civilians that took place since September 29 in Israel, the Occupied Territories and south Lebanon. They should also receive proper resources and have expertise in ballistic, forensic or other technical knowledge.

Rights & Democracy condemns all violence by all actors in Israel and the Occupied Territories, including territories under the Palestinian National Authority. We expect that authors of the killings of dozens of civilian Palestinians and those responsible for lynching Israeli soldiers will be brought to justice. We specifically express our concern regarding the excessive and indiscriminate use of force by the Israel military and other grave violations of human rights and humanitarian law.

Many of the wounded sustained injuries in their chest, neck and eyes, that is, well above the waistline. This appears to be consistent with a policy of shooting with the intention to kill. Israeli security forces impeded wounded persons from receiving access to medical assistance. Security forces also reportedly fired on people helping to remove the wounded, in two cases killing ambulance men. The indiscriminate and excessive use of force by the Israeli armed forces breaches international humanitarian law, and in particular the 1949 Geneva Convention Relative to the Protection of Civilian Persons in the Time of War. It also violates the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990), which prescribes that such officials are, "to minimize damage and injury and respect and preserve human life" and "ensure that firearms are used in a manner likely to decrease the risk of unnecessary harm."

While Israel claims its actions are aimed at preserving the well-being of its citizens and the security of the State, its actions must remain at all times consistent with its obligations under international law.

Along with many Canadian human rights organizations, Rights & Democracy calls for:

• the end of Israeli occupation in the Occupied Territories, including East Jerusalem;
• the establishment of a Palestinian State with sovereignty over borders and natural resources;
• the right of return for the hundreds of thousands of Palestinians forced into exile by the conflict since 1948

We also call on the Canadian Government to:

• provide a framework for a solution through a process of implementing a just peace founded on UN Resolutions and other legitimate international agreements.
• press Israel to stop military operations and attacks against unarmed civilians in accordance with the Fourth Geneva Convention.
• coordinate and consult with the European Union and Arab States to define a framework for a just and lasting peace based on international law.