The State Department Human Rights Report

By Sally Clark Nyhan

For the second year in a row, the US State Department has strongly criticized the Israeli government for its human rights practices both within Israel itself and in the occupied territories. Although the State Department was accused of "softening" the report to avoid antagonizing the Israeli government, the report nevertheless documented many instances in which Israeli military and security forces deliberately and knowingly violated internationally recognized human rights standards.

The report once again leads to charges of hypocrisy in the US position on human rights worldwide. Sections 502B and 116(a) of the Foreign Assistance Act of 1961 prohibit the US from providing military and economic assistance to "any country the government of which engages in a consistent pattern of gross violation of internationally recognized human rights."

Violations Within Israel

Not only are there violations of the human rights of Palestinians living in the Israeli occupied territories, the State Department report concludes, there also are numerous human rights violations within Israel itself.

The report notes restrictions within Israel in matters of freedom of the press, freedom of association, womens' rights, and the right of return. For instance, any press articles dealing with "security-related matters" (a broad definition often loosely applied) must be submitted to Israeli military censors, with the Arabic-language press frequently subjected to much stricter measures. It is a criminal offense to possess or distribute the literature of an outlawed organization, such as the PLO, to encourage "support for that organization or its cause, or publicly to express support for such an organization." Likewise, it is illegal to have contact with any outlawed organizations. In 1989 nine people were charged under this law, and one Israeli peace activist jailed for meeting with PLO Chairman Yasser Arafat.

In Israel, of course, there is no such thing as separation of church and state. Therefore, matters of marriage, legitimacy, inheritance, and conversion are presided over by religious authorities. Since only orthodox Judaism is recognized, this particularly affects womens' rights.

"Domination of personal status law by religious courts means that women are subject to restrictive interpretations of their rights in ... crucial areas," the State Department report says. And, while Israel claims to be a democratic state, Israeli Arabs (who comprise 18 percent of Israel's population), face discrimination codified in the law. For instance, while all Jewish immigrants are allowed to come to Israel, very few Palestinians, even those born in Israel or from families that have lived there for generations, are allowed to return to the country, even for purposes of family reunification.

"The human rights situation in the occupied territories remains a source of deep concern to the United States."

Furthermore, the report states, "Israeli Arabs have not attained the same quality of education, housing, or other services as Israeli Jews." Studies show that Israeli Arab towns are given fewer tax receipts, social services, and municipal services than Jewish towns of the same size. In education, the report states: "Relative to their numbers, [Israeli Arabs] are underrepresented in the student body of most universities, and in higher level professional, academic, and business ranks."

Another major concern is the status of West Bank and Gaza Palestinians imported as menial laborers. There are approximately 100,000 non-residents working in Israel. They are not permitted to remain in Israel overnight, and cannot be members of the Histadrut, the main Israeli trade union. Although they are entitled to union representation, non-resident workers are banned from organizing and collective bargaining. And while non-resident workers have union social contributions deducted from their paychecks, they are ineligible to receive such basic benefits as disability and unemployment payments, long-term insurance, and welfare programs. In compensation for these inequalities, non-resident workers have only 1.2 percent of their pay deducted, while Israeli residents have 5.35 percent deducted. However, the difference of 4.15 percent does not go to the worker as compensation for the personal social programs in which he cannot participate, but into an Israeli fund earmarked for social and developmental expenditures in the occupied territories. Palestinian workers and leaders complain that no public accounting is made of these funds and contend that the Israeli government has not used the funds in a constructive manner.

The Occupied Territories

"This report differs from most other reports contained in this volume in one fundamental respect," the section devoted to the Israeli-occupied territories begins. "Whereas other reports describe the relationship between the government and the governed in countries over which the governments in question exercise sovereignty, this report deals with lands under foreign military occupation... The human rights situation in the occupied territories remains a source of deep concern to the United States."

The report records that in year two of the intifada, 432 Palestinians were killed and thousands more injured, and 13 Israelis were killed. The report chronicles pervasive and severe human rights abuses against Palestinians by both the Israeli military and Jewish settlers, including "widescale arrests, detention, raids on homes in which suspects were thought to reside, and more severe forms of punishment, including deportation." In addition, the study mentions that "violations" of Israeli guidelines on the use of force "have resulted in death and injuries," with "only a relatively small number of such incidents [resulting] in prosecution [and] the sentences meted out have tended to be light."

In 1989, there were numerous allegations that Palestinian activists were "intentionally killed by Israeli security forces or Palestinians working for them," the report declares. In addition, 11 Palestinians were killed by Israeli settlers. Suspects in these and other killings were released due to lack of evidence.

On allegations of torture by Israeli soldiers, the report states: "Torture is forbidden by Israeli law, and Israeli authorities assert they do not condone its use in the occupied territories. IDF orders forbid the use of force after the detention of a suspect and the cessation of violent resistance. Nevertheless, reports continue of harsh and demeaning treatment of prisoners and detainees, as well as allegations of beatings of suspects and detainees, including beating during house searches, which is contrary to IDF rules. At least 10 deaths can be attributed to beatings. Palestinians and international human rights groups claim that other cruel practices—including enforced standing in one position for prolonged periods, hooding, sleep deprivation, and cold showers—have continued since being confirmed in the 1987 report of the Landau judicial commission referred to in the 1988 Country Reports on Human Rights Practices. Physical and psychological pressures are particularly severe in incommunicado detention."

The Israeli Defense Forces reported 9,138 Palestinians held in Israeli prisons as of Jan. 1, 1990. Serious overcrowding was common in all facilities, particularly in the Ketziot detention center in the Negev desert.

Twenty-six Palestinians were deported in 1989, despite repeated US objections to the practice as a violation of the Geneva Convention, the report notes. "The deportation process is characterized by a lack of formal charges and the use of secret evidence not disclosed to the suspect or his attorney." No deportation orders have been overturned by the Israeli High Court of Justice.

Administrative Detention

The report states that the Israeli practice of administrative detention for "alleged security reasons without formal charges was widespread in 1989. Israel maintains that administrative detention is used only against persons engaged in activities threatening security; however, in a number of cases persons appear to have been detained for nonviolent political activities." According to the IDF, 1,271 people were being held under administrative detention orders as of Jan. 1, 1990. In August 1989, the Israeli government extended the 6-month detention period to a 12-month period, which can be repeatedly renewed. The US has continually protested administrative detention on the grounds that it violates Article 76 of the Fourth Geneva Convention. The Israeli government does not agree.

"Security detainees are usually denied bail and are routinely held without access to counsel for 18 days. Access may be denied indefinitely if officials believe granting it would impede the investigation. Many security suspects are arrested without warrants and may be so held for up to 96 hours. Denial of notification of arrest to immediate family members, attorneys, and consular officials is common and under law can be extended for up to 14 days. Incommunicado detention for a period of eight days is permitted with a court order. Detainees are often not told the reasons for their detention."

Palestinians are also denied their rights within the courts. Israeli settlers, whether accused of security or non-security offenses, are tried in the nearest Israeli district court, under Israeli law. Palestinians accused of non-security offenses are tried by civilian Palestinian courts. However, Palestinians accused of security offenses, including nonviolent nationalistic activity, are tried in Israel in a military court. "Acquittals are very rare in security cases," the State Department reports. "Most convictions in military courts are based on confessions. The absence of bail, long pretrial delays, and physical and psychological pressures increase the likelihood of confessions. These are usually recorded in Hebrew, which many defendants are unable to read."

Search and Destroy

Military searches of homes are also a common tactic. "Forced entries, which are a regular part of IDF operations, have resulted in beatings, destruction of property, and arrests ... Demolition and sealing are nonjudicial administrative punishments ordered by the area military commander ... Under the regulations, military commanders may order the demolition or sealing of any house from which they suspect a firearm has been discharged or bomb thrown, or any house situated in an area, town, village, quarter, or street the inhabitants of which they are satisfied have committed offenses against the regulations ... In 1989 170 Arab houses were demolished or sealed for security reasons."

"Owners are not allowed to rebuild, making the punishment one of indefinite duration. House demolition as punishment is enforced only against Arab residents of the occupied territories. The United States believes demolition and sealing as punishment of families contravenes the Fourth Geneva Convention."

The State Department also found that IDF rules on firing live ammunition at suspects were often exceeded or disregarded. "IDF guidelines often were not followed, resulting in avoidable deaths and injuries. Most Palestinians were killed by high-velocity rounds shot by the IDF or border police in the course of incidents involving stones, firebombs, and fleeing suspects. Many deaths and wounds were from bullets in the head or upper body. (IDF regulations call for fire to be directed at the legs only.) Misuse of plastic and rubber bullets continued to result in death and serious injury ... Tear gas was occasionally used in houses and enclosed spaces in violation of instruction for its use ... Many cases of unjust killing did not result in disciplinary action, and punishments often were lenient."

Israeli security forces were also accused of entering hospitals and clinics and using roadblocks to disrupt ambulance service.

Free Press Restrictions

There are several restrictions on freedom of speech and of the press in the occupied territories. Tight restrictions are placed on the Arabic press, for broad security reasons. ''Arabic translations of uprising-related news stories which had previously appeared in Hebrew language press were routinely censored from the Arabic press. The display of Palestinian political symbols, such as flags, national colors, and graffiti, is punishable by fines, detention, or imprisonment ... Public expression of support for the PLO, its component factions, Muslim extremist groups, and other banned organizations is prohibited."

At least 20 journalists were detained for security reasons in 1989 and numerous others were interrogated. Newspaper offices were often searched. "Possession of banned materials, such as uprising leaflets, is punishable by fine and imprisonment. The IDF periodically declared all or parts of the West Bank and Gaza closed military areas, one primary effect of which was to exclude journalists.

"Israel kept all Palestinian universities in the West Bank and Gaza closed throughout 1989, allegedly because they were contributing to violence. The vocational, secondary, and elementary schools in the West Bank, closed in January, reopened in July and August. but were closed again in mid-November.

Gatherings of 10 or more people were banned without a permit and the entire occupied territories were often shut down by IDF curfews, which caused "severe hardship."

Palestinians are also restricted under the Israeli right of return. "Israeli officials acknowledge that family reunification is limited for demographic and political reasons and assert that the laws of occupation do not require Israel to permit immigration into the territories." Newly-arrived Jewish immigrants, however, are frequently persuaded by the Israeli government to live in settlements in the occupied territories. "Restriction on residence, tourist visas, re-entry, and family reunification do not apply to Jewish residents in the occupied territories, whether or not they are Israeli citizens."

The report concludes with some chilling observations: "Israeli settlers in the occupied territories are subject to Israeli law, while Palestinians live under military occupation law ... Palestinians are treated less favorably than Israeli settlers on a broad range of issues, including the right to due process, right of residency, freedom of movement, sales of crops and goods, land and water use, and access to health and social services. Israeli settlers involved in security violations have been treated far more leniently than Palestinians guilty of similar offenses. Offenses against Israelis are investigated and prosecuted more vigorously than offenses against Palestinians."

This report makes the case for a halt of all US economic and military aid to Israel, as called for under the foreign assistance act, unless the president specifies the continuation of such aid is a matter of overiding national interest.

Will Congress insist that the US observe its own laws governing foreign aid? Will the Bush administration do so?

Two years ago cynics would have laughed at the suggestion. Today, in light of overwhelming public opinion changes, some members of Congress are gingerly testing the waters for a cut, if not a complete cut-off, of aid to Israel. Don't hold your breath, but stay tuned.

Sally, Clark Nyhan is the human rights editor for the W ashington Report on Middle East Affairs. She also manages the AET Book Club.