As Palestinian civil society organisations concerned with the promotion and protection of human rights in the Occupied Palestinian Territory (OPT), we are deeply concerned with the deteriorat­ing human rights situation on the ground.
In light of the EU’s upcoming negotiations with the Palestinian Authority (PA) relating to the adoption of a new Action Plan, we would like to high­light some of these concerns.
Two of the main factors that have contributed to the deterioration of the human rights situation are (1) the political fragmentation between the Gaza Strip and the West Bank and (2) the ongo­ing Israeli occupation.
Most human rights violations committed by the Palestinian authorities in the West Bank and the Gaza Strip are a direct result of political tensions between the Hamas de facto-government in Gaza and the Fatah-led PA in the West Bank.
The vast majority of human rights violations perpetrated by the PA are directed against Palestinians in alleged affiliation with Hamas; in the Gaza Strip individuals affiliated with Fatah are the primary targets of violations.
As this paper attempts to illustrate, the PA has adopted of a pattern of oppressive policies to stifle political dissent and to generate a sense of intimidation within Palestinian society, turning the lat­ter into what resembles a “police state“ void of democratic values and the rule of law.
The EU’s refusal to engage in any dialogue with the Hamas de facto government in the Gaza Strip is perpetuating the political split between the West Bank and Gaza, which has serious and potentially long term implications for both the human rights situation on the ground as well as the realisation of a sovereign and independent Palestinian State.
While the EU-PA Association Agreement does not cover violations committed by Israel, the Oc­cupying Power, it is crucial to take into account the considerable restrictions under which the Palestinian Authority operates by virtue of the occupation.
The current EU-Israel Action Plan rightly acknowledges that Israel’s “continuing occupation, including settlement activity, restric­tions to movement as a result of the closure policy and the separation barrier” affect “the scope of actions that can be feasibly undertaken”.
As Israel remains in effective control of the OPT, constituent of the Gaza Strip and the West Bank, including East Jerusalem, the main responsi­bilities under international law remain with the Israeli Occupying Power.
To the extent that the PA exercises some control over parts of the OPT, it is responsible for en­forcing law through effective and lawful measures in accordance with its obligations under inter­national law, some of which are addressed in this paper.
With regards to the financial and technical aid the EU continues to provide to the Palestinian people, it is important to address the underlying problem that continues to create the need for such assistance, namely, Israel’s occupation of the Palestinian Territory.
While we commend and appreciate the EU’s aid to the Palestinians, in order for this aid to positively affect Palestin­ians’ human rights as well as aspirations for peace and an independent and sovereign State, we strongly believe that any assistance should be accompanied by political corroboration.
The EU’s “efforts to resolve the Middle East conflict”, must include support for national reconciliation ef­forts and must address the illegal policies and practices of the Israeli Occupying Power, which continue to undermine the exercise by Palestinians of their most basic and fundamental rights, including their right to self-determination.
Finally, we believe that EU-PA relations – in addition to being carried out in accordance with international human rights principles and instruments -should be based on the principles of transparency and conditionality.
In order for EU-PA relations to positively impact the human rights situation on the ground, there must be open and public dialogue amongst all relevant ac­tors, including civil society, with regard to how human rights concerns are addressed in the framework of future discussions.
Basing EU-PA relations on the latter’s respect for international law actuates the PA’s willingness to act in accordance with its human rights obligations.
In light of these considerations and taking into account the structure of the current EU-PA Action Plan, this paper highlights various human rights concerns monitored and documented by Pal­estinian human rights organisations and suggests specific recommendations for EU action in this regard.
We urge you to address these issues in your political dialogue and cooperation with the PA and more specifically in the upcoming negotiations relating to the adoption of a new EU­PA Action Plan.