The right to education is an internationally protected right under international law and an integral part of the international law foundation. In the case of Palestine, education has always been a challenge like every aspect of Palestinian lives. Frequent closures of cities, hundreds of military checkpoints and the construction of the annexation wall prevents thousands of students and teachers from reaching their schools and universities. Palestinian students are regularly subjected to intimidation, assault and arbitrary arrest by Israeli soldiers, many schools have been closed down, raided and attacked by military orders, making it harder for them to practice and pursue their education freely and fulfil their potential.

The continuing Israeli occupation significantly impedes education in the Occupied Palestinian Territory (OPT). As noted by the UN Special Rapporteur on the Right to Education: “military occupations are another appreciable curb on the human right to education, the most egregious example being the Israeli-Palestinian conflict.” There is substantial evidence that Israel is failing in its duties under international human rights and humanitarian law with regard to education. In this research; the researcher will focus mainly on the challenges that women face in practicing their right to education and the definition of the right to education under international law; with a focus on the effect of the Israeli occupation and the Palestinian authorities' funding and quality for education concluded with an overall impact of these aspects on the right to education in Palestine and the role of international law in protecting this right.

The right to education has been recognized in a number of international and regional legal instruments: treaties (conventions, covenants, charters) and also in general comments, recommendations, declarations, United Nations resolutions and frameworks for action. The Universal Declaration of Human Rights (UDHR), adopted in 1948, states in Article 26: 'Everyone has the right to education. Since then, the right to education has been reaffirmed in various international treaties including:

• UNESCO Convention against Discrimination in Education (1960)
• International Covenant on the Elimination of All Forms of Racial Discrimination (1965)
• International Covenant on Economic Social and Cultural Rights (1966)
• Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) (1979)
• Convention on the Rights of the Child (1989)
• International Convention on the Protection of the Rights of All Migrant Workers and Members of their families (1990)
• Convention on the Rights of Persons with Disabilities (2006).

The right to education has also been recognized in ILO Conventions and international humanitarian law, as well as in regional treaties. International human rights law guarantees the right to education. The Universal Declaration on Human Rights adopted in 1948, proclaims in Article 26: “everyone has the right to education. The right to education is legally guaranteed for all without any discrimination, states have the obligation to protect, respect, and fulfil the right to education and there are ways to hold states accountable for violations or deprivations of the right to education”. Article 26 must be read along with Article 2 UDHR, which sets out the principle of non-discrimination: [E]veryone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

The principle of non-discrimination and equality is a general principle of international human rights law which is essential to the exercise of and enjoyment of all human rights, including the right to education. It is also enshrined in the Charter of the United Nations, the ICESCR and the ICCPR,8 as well as all the major international human rights treaties. Furthermore, the Committee on Economic, Social and Cultural Rights (CESCR) has commented on the principle of non-discrimination, underlining that it is an “immediate and cross-cutting obligation” for States parties to the ICESCR. As a result, States’ constitutions and other legal and policy texts must not contain any form of discrimination, and States must also ensure that non-discrimination is applied in practice. The principle of non-discrimination and equality is particularly important for the realization of the right to education. Indeed, before the right to education was even adopted in the Covenants, a specific treaty was adopted to prohibit discrimination in education

The right to education under international law encompasses both entitlements and freedoms, including the :

• right to free and compulsory primary education.
• right to available and accessible secondary education.
• right to equal access to higher education.
• right to fundamental education for those who have not received or completed primary education.
• right to quality education both in public and private schools.
• freedom of parents to choose schools for their children which are in conformity with their religious and moral convictions.
• freedom of individuals and bodies to establish and direct education institutions in conformity with minimum standards established by the state.
• academic freedom of teachers and students.

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) (1979) mentioned the right to education under article 10: -

Article 10 States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education and in particular to ensure, on a basis of equality of men and women:

(a) The same conditions for career and vocational guidance, for access to studies and for the achievement of diplomas in educational establishments of all categories in rural as well as in urban areas; this equality shall be ensured in pre-school, general, technical, professional and higher technical education, as well as in all types of vocational training;

(b) Access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality;

(c) The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of textbooks and school programmes and the adaptation of teaching methods;

(d) The same opportunities to benefit from scholarships and other study grants;

(e) The same opportunities for access to programmes of continuing education, including adult and functional literacy programmes, particularly those aimed at reducing, at the earliest possible time, any gap in education existing between men and women;

(f) The reduction of female student drop-out rates and the organization of programmes for girls and women who have left school prematurely;

(g) The same Opportunities to participate actively in sports and physical education; (h) Access to specific educational information to help to ensure the health and well-being of families, including information and advice on family planning.

The International Covenant on Economic, Social and Cultural Rights (ICESCR) devotes two articles to the right to education, articles 13 and 14. Article 13, the longest provision in the Covenant, is the most wide-ranging and comprehensive article on the right to education in international human rights law. The general comment 13, adopted by the committee on Economic, Social and Cultural rights provide interpretation and clarification of Article 13 of the International Covenant on Economic, Social and Cultural rights.

Article 13 (2): The right to receive an education - some general remarks

- While the precise and appropriate application of the terms will depend upon the conditions prevailing in a particular State party, education in all its forms and at all levels shall exhibit the following interrelated and essential features:

(a) Availability - functioning educational institutions and programmes have to be available in sufficient quantity within the jurisdiction of the State party. What they require to function depends upon numerous factors, including the developmental context within which they operate; for example, all institutions and programmes are likely to require buildings or other protection from the elements, sanitation facilities for both sexes, safe drinking water, trained teachers receiving domestically competitive salaries, teaching materials, and so on; while some will also require facilities such as a library, computer facilities and information technology.

(b) Accessibility - educational institutions and programmes have to be accessible to everyone, without discrimination, within the jurisdiction of the State party. Accessibility has three overlapping dimensions:

(i) Non-discrimination - education must be accessible to all, especially the most vulnerable groups, in law and fact, without discrimination on any of the prohibited grounds (see paras. 31-37 on non-discrimination);

(ii) Physical accessibility - education has to be within safe physical reach, either by attendance at some reasonably convenient geographic location (e.g. a neighbourhood school) or via modern technology (e.g. access to a “distance learning” programme);

(iii) Economic accessibility - education has to be affordable to all. This dimension of accessibility is subject to the differential wording of article 13 (2) in relation to primary, secondary and higher education: whereas primary education shall be available “free to all”, States parties are required to progressively introduce free secondary and higher education;

(c) Acceptability - the form and substance of education, including curricula and teaching methods, have to be acceptable (e.g. relevant, culturally appropriate and of good quality) to students and, in appropriate cases, parents; this is subject to the educational objectives required by article 13 (1) and such minimum educational standards as may be approved by the State (see art. 13 (3) and (4));

(d) Adaptability - education has to be flexible so it can adapt to the needs of changing societies and communities and respond to the needs of students within their diverse social and cultural settings.When considering the appropriate application of these “interrelated and essential features” the best interests of the student shall be a primary consideration.

II. STATES PARTIES' OBLIGATIONS AND VIOLATIONS

General legal obligations:-

43. While the Covenant provides for progressive realization and acknowledges the constraints due to the limits of available resources, it also imposes on States parties various obligations which are of immediate effect. States parties have immediate obligations in relation to the right to education, such as the “guarantee” that the right “will be exercised without discrimination of any kind” (art.2 (2)) and the obligation “to take steps” (art. 2 (1)) towards the full realization of article 13. Such steps must be “deliberate, concrete and targeted” towards the full realization of the right to education.

44. The realization of the right to education over time, that is “progressively”, should not be interpreted as depriving States parties’ obligations of all meaningful content. Progressive realization means that States parties have a specific and continuing obligation “to move as expeditiously and effectively as possible” towards the full realization of article 13.

46. The right to education, like all human rights, imposes three types or levels of obligations on States parties: the obligations to respect, protect and fulfil. In turn, the obligation to fulfil incorporates both an obligation to facilitate and an obligation to provide.

47. The obligation to respect requires States parties to avoid measures that hinder or prevent the enjoyment of the right to education. The obligation to protect requires States parties to take measures that prevent third parties from interfering with the enjoyment of the right to education. The obligation to fulfil (facilitate) requires States to take positive measures that enable and assist individuals and communities to enjoy the right to education.

Finally, States parties have an obligation to fulfil (provide) the right to education. As a general rule, States parties are obliged to fulfil (provide) a specific right in the Covenant when an individual or group is unable, for reasons beyond their control, to realize the right themselves by the means at their disposal. However, the extent of this obligation is always subject to the text of the Covenant.

Violations

59. By way of illustration, violations of article 13 include: the introduction or failure to repeal legislation which discriminates against individuals or groups, on any of the prohibited grounds, in the field of education; the failure to take measures which address de facto educational discrimination; the use of curricula inconsistent with the educational objectives set out in article 13 (1); the failure to maintain a transparent and effective system to monitor conformity with article 13 (1); the failure to introduce, as a matter of priority, primary education which is compulsory and available free to all; the failure to take “deliberate, concrete and targeted” measures towards the progressive realization of secondary, higher and fundamental education in accordance with article 13 (2) (b)-(d); the prohibition of private educational institutions; the failure to ensure private educational institutions conform to the “minimum educational standards” required by article 13 (3) and (4); the denial of academic freedom of staff and students; the closure of educational institutions in times of political tension in non-conformity with article 4.

Article 50 of the Fourth Geneva Convention (1949) states: "The Occupying Power shall, with the cooperation of the national and local authorities, facilitate the proper working of all institutions devoted to the care and education of children." Israel is therefore obligated to ensure the orderly operation of the educational institutions in the territories.

ICL prohibits persecution as a crime against humanity in the treaty statutes of the ad hoc tribunals as well as the ICC. The Rome Statute defines persecution as the “intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group of collectively”. Unlike other expressions of the crime, the Rome Statute also requires that persecution be committed in connection with another crime or at least one inhumane act. Although untested, it is possible that the intentional and severe deprivation or prevention of education of a particular group can, if the other elements of the crime are fulfilled, constitute persecution. In order for the deprivation of education to amount to a crime against humanity under the Rome Statute, it must meet the following criteria:

• education must be defined as a “fundamental right”;
• its deprivation must be intentional and severe. Further, it must be contrary to international law, and not, for example, consistent with limitations permitted by IHRL;
• the denial of education of a particular group must on discriminatory grounds: based on a group’s political, racial, national, ethnic, cultural, religious, or gender identity (or other grounds universally recognized by international law, potentially including disability);
• the deprivation of education must be part of a widespread or systematic attack directed against any civilian population or in connection with any other act prohibited by the Rome Statute; and
• the perpetrator or perpetrators of this deprivation knew it was part of a widespread or systemic attack. International criminal jurisprudence has so far recognized examples of persecution including murder, imprisonment, deportation and other related conduct. However, persecution can include other conduct that “severely deprives political, civil, economic or social rights”. In particular, the International Criminal Tribunal for the Former Yugoslavia “ICTY” has recognized that the exclusion of members of an ethnic or religious group from educational institutions can potentially constitute persecution under the ICTY Statute, even though it was not specifically listed as an example therein. This demonstrates the potential protection that the crime of persecution offers to ensuring education in situations of insecurity and armed conflict.

The right of children to receive an education belongs to this category of rights which are irrevocable under any claim or pretext. Historically, peoples and states that prevented children from exercising their right to education have been viewed as barbaric. Humanity having recognized, in the lengthy course of the formation of civilization, that children have the right to education - that is, that education is no mere favor conferred by parents, states, churches, or whoever implements the right -considers all those who infringe this right to be acting inhumanely. Categorically, such behavior is no different from any other abridgement of human rights.

The Right to Education in Palestine

Since the start of the Intifada in 1987, the Israeli authorities have closed down the majority of the education institutions in different areas under occupation for extended periods. The education system has also suffered from strikes and from clashes with the Israeli occupation forces have forcibly entered schools, sometimes opening fire; many students and teachers have been arrested, killed, or physically injured.

For decades Israel has been violating Palestinians' right to education through numerous education-related incidents, such as attacks or threats of attacks on schools, delays at checkpoints, military presence at school entrances, closed military areas in addition to the use of live ammunition and tear gas in and around schools, school search, confiscation of education items, detention of students and school staff, settler related violence, or school demolitions and stop-work orders . Israel’s measures prevent the development of the Palestinian educational system. Not at once, Israel was held accountable for its violation of the Palestinian right to education or any violation.

These violations play a huge role in creating obstacles to Palestinians' education, making it hard for them to have quality education and to enjoy their right safely. These violations affect Palestinian women the most with a consideration that the Palestinian society is a patriarchal society that may stand in the face of women education if they may face such obstacles and violations. Even though these violations affect the life and education of Palestinians and especially women; the percentage of educated women in Palestine is remarkable and one of the highest around the world with a 99.6% in 2020 for completion of different educational levels (elementary education, secondary education, upper/senior secondary education) and according to data of 2019-2020, the net enrollment ratio in the elementary stage increased for 98.4% .

One of many measures Israel undertakes is the demolition and closure of schools, especially in the South Hebron Hills area. Since the start of 2021, Israel has demolished 1,032 Palestinian-owned structures across the occupied West Bank. The list includes homes, schools, shops and farming facilities. The UN Office for the Coordination of Humanitarian Affairs has said that Israeli demolitions have displaced 1,347 Palestinians in that period . Usually, the “reason” behind the demolishing in Area C is building without a permit which is nearly impossible to be issued in Area C.

One of these schools is located in the Bedouin village Abu Nuwar, where 670 Palestinians live in tents and sheet-metal shacks. The only school in the village was partially demolished for the sixth time since 2016. The 26 children study in a local community center and barbershop.

One of the most targeted villages is “Burin”. Burin is home to about 3000 Palestinian and is surrounded by two illegal settlements, an illegal outpost, and a military base. The only school in Burin sits at the entrance of the village and is attended by about 300 boys and girls. The school is often on the frontline of settler and soldier raids on the village. According to Middle East Eye interview with an activist from Burin, “Every week there are at least two or three attacks, from both settlers and soldiers. “The settlers will come down from the mountain and try to break the school windows and attack teachers and students with rocks. Sometimes they even shoot live bullets”.

Masafer Yatta area of the Hebron hills, 210 Palestinian children living in a cluster of 12 small villages face daily challenges getting to class in an active military training zone. There are only three schools in the entire area, and most of the communities do not have access to school buses, forcing kids to walk several kilometers to and from school, any busses secured for children were often stopped and turned around by Israeli forces in addition, during active training periods, soldiers will close certain areas leading to the school for up to 10 days, leaving teachers and children sitting at home until the army reopens the area. Recently Israel's court paves way for the eviction of over 2000 Palestinians from Masafer Yatta which will lead to the displacement of thousands of Bedouin Palestinians and cause a severe effect on education. According to the Palestinian ministry of education report in 2021; 26,808 students and 1,029 teachers were either prevented from getting to school or faced long delays at checkpoints, resulting in "35,895 classes wasted".

Even though human rights are inherent to all human beings, they cannot be given or taken away. Israel slips Palestinians of their basic human rights on a daily basis even the simplest ones including their right to education. In many cases many Palestinian women stop their education in the early stages because of the obstacles that they face, many women do not feel safe going to school or college for many days and sometimes years. The lost feeling of safety that every Palestinian feel prevent many from pursuing their passion, many dreams were killed because of these violations. These challenges do not affect only the lives and rights of the people affected; they have a huge effect on the social and economic aspects too and it leads to early dropouts from school.

According to a report published by MIFTAH; the Palestinian Ministry of Higher Education and Scientific Research spending in 2020-2021 on education is (3.140.7) Millions ILS from (16.120.3) Millions ILS annual budget, meaning overall (19.5%) of the overall annual budget. Meaning that the spending from the side and the budget provided by the Palestinian authority for education are very low compared to the needs and the development that the education sector in Palestine needs. Manny Palestinian villages do not have more than one school in the whole village and that leaves a lot of students to go to another village which adds to transportation expenses. On the other side; In 2021 the youth unemployment rates reached 40% in the West Bank and 62% in Gaza and about half a million children in Palestine need humanitarian assistance to access quality education. The high rates of unemployment leave no choice to many Palestinian than to dropout from school and in many cases go to work inside the green line or in settlements. Despite the impact of conflict on education, very low levels of humanitarian funding are provided for education. This prevents the education sector from responding swiftly to needs after periods of intense conflict – including responding to the effects of attacks on education and restoring schooling

Children and women are the vast majority of those adversely affected by the occupation and in the reaffirming of the implementation of international humanitarian law and human rights law that protect the rights of women and girls during and after conflict. These two majorities require a special lens that can provide detailed protection and recognition; after many movements towards creating this lens for the protection of women and children; the women, peace and security (“WPS”) agenda was formally initiated by the united nations security council (UNSCR) 1325 resolution in 2000, that was the first landmark resolution on women, peace and security that addresses the impact of war on women and the importance of women’s full and equal participation in conflict resolution, peacebuilding, peacekeeping, humanitarian response and in post-conflict reconstruction. The resolution also calls for special measures to protect women and girls from conflict-related sexual violence and outlines gender-related responsibilities of the United Nations in different political and programmatic areas . The 1325 United Nations Security Council Resolution has four pillars: - protection, prevention, participation and relief and recovery.

When we talk about any aspect of Palestinian lives there is a cycle of connection between every aspect of the obstacles that women face in practicing their right to education from the Israeli occupation, the quality and funding from the Palestinian authorities to the education sector and the high rates of unemployment leaves too many social, economic, psychological effects. The 1325 UNSCR main purpose is to provide the four pillars (protection, prevention, participation and relief and recovery) to women and children. In the case of Palestine, it is strongly believable according to the reality and data provided that the 1325 UNSCR is not fulfilling its obligations towards Palestinian women and children and this falls on the state parties. It should provide protection to women and women are not being protected in any aspect of their lives including in pursuing their education, it should provide prevention from assaults and harassment but on the other side women are facing harassment from the Israeli soldiers and settlers on a daily basis, it should provide participation for women but they can’t participate in decision making if they can’t pursue their education freely and enjoy their basic human rights, it should provide relief and recovery and I don’t even think we are in this stage because women are still facing these violations on the day to day life and in every moment of their lives. Many women lives are being slipped because of these violations on every side, especially in the educational sector. The state parties of the 1325 UNSCR and the International bodies and community must hold Israel accountable of the continuous commitment of Human rights violations which amount to crimes against humanity, of which is the right of education to women and girls; Violence against women in all its forms is a source of grave concern that threatens women education and future potential. Children experience distress, fear and intimidation when going to and from school in high-risk areas, often having to pass through checkpoints or walk-through settlements. Constant exposure to soldiers and settlers' violence in addition to the mentality that women have that they need to protect themselves when they go to school should be stopped and it won’t stop without action from every international body.

Challenges that Palestinian women and girls face to exercise their education rights under military occupation, they are exposed to violent and terrorist attacks due to settlement expansion, forceful displacement, mobility restrictions imposed by Israeli occupation forces.

At the end, education is not a privilege that is asked for, it is a human right and human rights are inherent to all human beings, they cannot be given or taken away.

Education is a sacred right that is protected in every international convention and under international law. Israel is committing human rights violations towards every aspect of Palestinian lives, under the eye of the international community and the world, the Israeli occupation is violating its obligations towards the Palestinian making their lives miserable by every aspect.

The violations towards education and specially regarding Palestinian women by the Israeli authorities is a gender-based violence that is directed against women because she is a woman and it affects women disproportionately and according to the 1325 UNSCR, the party states should protect women from all kinds of violence against women, including by prosecuting those responsible for violations of international law. The application of women, peace and security agenda that is supposed to protect women rights and prevent a violation towards it is not serving it required obligations towards empowering Palestinian women rights and protecting it, day by day women rights are descend more and more and in my opinion, even though 1325 UNSCR is created and centered towards the protection of women in times of conflict, the women in Palestine are still facing many obstacles and restrictions, it is crystal clear to any eye that the Israeli occupation have no respect to the international law, conventions and resolutions related to the protection of human rights and it’s failing its obligations, therefore it’s time to stop calling for respect and start calling for an end to the lifelong impunity and accountability.

This paper was written by Ola Sami, the second scholarship recipient from the Folke Bernadotte Academy (FBA ) of Sweden in support of women, peace and security in memory of Zaida Catalan.

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A.H. is undemanding in the life she wants to live. A resident of Hebron’s Old City, she dreams of a normal life for herself and her family, her little girl in particular. “My daughter always clutches her dolly to her chest, crying. She tells me she wants to go outside or go shopping, but she is afraid they might shoot her or shoot us. I swear, this is no life.”

A.H.’s testimony is one among many women living in Hebron’s Old City, who suffer from severe restrictions to their freedom of movement, due to Israeli measures and regulations that dictate to Palestinians where, when and how they are allowed to move throughout their own city.

The Old City of Hebron is a small, enclosed bubble in a larger Israeli system of racial discrimination, set up to protect the few thousand illegal Israeli settlers living in its heart, over the hundreds of thousands of indigenous Palestinians who have lived there for centuries. According to OCHA, there ae 22 Israeli settlements in the Hebron district, in addition to 15 illegal settlement outposts and four industrial settlements, in which around 19,000 settlers live in total. The armed settlers in Hebron are deemed the most hostile, even among the other 200,000 West Bank settlers, attacking and harassing Palestinians who live in close proximately to their enclaves. What’s more, there are nearly 100 Israeli military checkpoints peppered throughout the Old City, closing it almost completely off from the rest of Hebron.

While Israeli restrictions curtail the movement and everyday lives of all residents of Hebron, women and girls are affected. Economic hardships hit families in general, but like in the case of “A.H’ the financial squeeze resulting from Israel’s measures has impacted her even more. “My husband used to work in a shoe factory and he used to take additional shifts and stay late so we could cover expenses. But then Israeli occupation authorities imposed stricter curfews and my husband is no longer allowed to stay out late. He has to be home by sunset and this has had a negative impact on our economic and social lives.”

The women living in the Old City think twice about having visitors over because they worry the Israeli occupation army may invade or, even worse, settlers could attack. They are also hesitant to leave their homes to visit family or friends, in fear that they will not be able to return since they are forced to go in and out of Israeli checkpoints whose soldiers harass or close the checkpoints at whim. “I would love to go to a wedding or to visit my parents, but I am always nervous that I won’t be able to get back to my house. The latest I have ever stayed out is 9:00 p.m.” A.H. says.

Freedom of movement is a basic right, guaranteed in all international treaties and conventions and protected under international humanitarian law. Article 13 of the Universal Declaration of Human Rights states: “Everyone has the right to freedom of movement and residence within the borders of each state. Everyone has the right to leave any country, including his own, and to return to his country.”

Israel is in flagrant violation of this and other treaties that safeguard this right, given it is the occupying power. For Palestinian women, this violation is compounded in the patriarchal society in which they live. UN Security Council Resolution 1325 was passed in order to provide protection for women in areas of conflict, but the international community has sorely fallen short of guaranteeing this to Palestinian women under the yoke of Israeli occupation.

As the situation stands, the Israeli colonial-occupation in place has severely stymied the basic right of movement, among other rights. The hundreds of military checkpoints throughout the West Bank and Jerusalem, the Annexation Wall and the sporadic, but systematic closure of entrances to cities, towns and villages are some of Israel’s many forms of collective punishment. Palestinian residents of the West Bank cannot visit Jerusalem, the Gaza Strip, or Palestinian areas inside the Green Line. They are subject to a humiliating and endless system of permits for travel, whether inside Palestine or abroad. They are insulted, harassed and detained for hours at military checkpoints between cities, camps, towns and villages, and in the Gaza Strip, Palestinians are confined to what has been called the biggest open-air prison due to Israel’s siege on it for the past 16 years.

In Hebron, Israel applies all of these tactics in addition to the especially cruel policy of forced expulsion. According to a MIFTAH research on the commercial and tourist situation in Hebron’s Old City, estimated losses from ongoing Israeli closures amounted to approximately $485 million in the past 25 years, or $1.6 million a month. On Shuhada Street alone, 304 stores shut down, 218 by Israeli military order, forcing dozens of families in the Old City to leave their homes. Forced expulsion is a crime against humanity, according to the ICC Rome Statute and is therefore in violation of international law. Israel widely employs this tactic in several parts of Palestine such as the south Hebron district of Masafer Yatta, where 10,000 Palestinians are at risk of forced expulsion by Israeli military order.

All of these and other Israeli policies affect Palestinian women and girls in a way distinct from the rest of society. A.H. is wracked with anguish over concern for her teenage daughters who are often badgered by Israeli soldiers, slinging sexual innuendos at them every time they pass through a checkpoint. “When they get home they always say: ‘Mama, they [soldiers] tell us things we cannot even repeat’”. The fear of sexual assault is real for these girls and their families and prevents them from exercising aspects of their lives most others take for granted.

Palestinians have lived under this Israeli occupation for over 55 years, while the international community allows it to exist and expand unabated. Basic rights are enshrined in international law for a reason. No person, anywhere, should be deprived of this right and no power should be allowed to deny it with impunity.

It is time for this community to ‘practice what it preaches’ and implement the many international laws, conventions, treaties and resolutions that call for the protection of people under occupation and of women and girls in particular, who are often the most vulnerable in any society.

This paper was written by Ola Sami, the second scholarship recipient from the Folke Bernadotte Academy (FBA ) of Sweden in support of women, peace and security in memory of Zaida Catalan.

Joharah Baker contributed to this article

Introduction:

Since the 1990s, the international community’s view regarding conflicts developed in terms of encompassing broader aspects, and its perspective was no longer confined to threats against a state and its sovereignty. This included observing the ramifications of conflicts on individuals and their welfare, especially among the less fortunate segments of society. Accordingly, the term “Human Security” came to replace the previously used term “Security”. That term (i.e., Human Security) was first mentioned in a 1994 report issued by the United Nations Development Programme (UNDP). Its introduction helped create a new perspective towards militarization and armed conflicts, thus expanding the traditional view of security to include individual security in addition to state security.

Until now, there is no consensus regarding a particular definition of “Human Security”. Nevertheless, this term involves two main aspects, namely: freedom from fear and freedom from want. Due to important changes in the international arena, United Nations Security Council Resolution (UNSCR) 1325 was issued in the year 2000. This resolution examines the multiplier effect of conflicts on women in four main aspects: protection, prevention, participation, and accountability. However, this resolution – which was followed by a number of similar subsequent resolutions which promote the implementation of the Women, Peace, and Security agenda – did not explicitly refer to the Occupation as a threat to human security, especially with regard to women. Rather, it sufficed by mentioning the “state of conflict”, which is legally different from the case of military occupation. Moreover, it was noticed that UNSCR 1325 and its subsequent resolutions mainly focused on sexual crimes.

The “Women, Peace and Security” agenda is considered a broad field. It includes the concept of “Human Security”, as referred to in the 1994 United Nations Development Programme (UNDP) report, and later developed to include conflict and post-conflict situations. Seeing that Palestinian women have been suffering from occupation and its association violence since the establishment of Israel on Palestinian soil in 1948, substantial efforts were exerted to promote the Women, Peace and Security agenda and implement the related international resolutions in the Palestinian homeland. However, this requires a clear definition of “Security” and its determinants, components, and measurability.

This study aims to reach a definition of “Human Security” and specify its components and framework in order to highlight the violations of the Israeli occupation under that definition. In particular, we try to assess the effects of the Israeli occupation on the security of Palestinian women in Occupied Jerusalem. This study is based on the premise that the Occupation is the main cause of human insecurity in Palestine, especially vis-à-vis Palestinian women in Occupied Jerusalem.

Based on the aforementioned aspects, the study (through three research sections) will attempt to answer the following question: What is the effect of the Israeli military occupation of Jerusalem on the human security of Palestinians, especially women? The first section studies the concept of Human Security and its components. The second section highlights the human rights violations perpetrated by the Israeli occupation in Jerusalem in light of the human security concept. As for the third section, it examines the impact of the Israeli occupation and its practices on Palestinian women, with special emphasis on the Women, Peace and Security agenda.

The term “Human Security” emerged in the early 1990s as a result of several humanitarian crises and conflicts in the aftermath of the Cold War. Since that time, human security came to be considered an approach that can be widely implemented. As previously noted, the term “Human Security” was first mentioned by a UNDP report in 1994, whereby it includes the following aspects: economic security, food security, health security, environmental security, personal security, community security, and political security, respectively.

Unfortunately, the international community did not until this moment specify a single consensual definition of the term “Human Security”. However, everyone acknowledges its connection to human rights and the attainment of development. Therefore, conflicts, armed conflicts, and Occupation threaten human security as they directly jeopardize human rights and prevent individual and community development.

First Section: Concept of Human Security and its Connection to Military Occupation:

This section reviews the concept of Human Security, especially in light of military occupation. It also examines the components of human security as set forth in the UNDP report of 1994, in order to create a reference point to assess the fragility of human security in Occupied Jerusalem and its connection to ongoing human rights abuses. This will be analyzed in light of the Women, Peace and Security agenda and the relevant United Nations resolutions.

This section aims to answer the following sub-questions:

1. What is the definition of human security?
2. What are the components of human security?
3. How does the Occupation threaten human security?
4. What is the relationship between human security and the human rights system?

Definition of Human Security:

The term “Human Security” in its modern sense shifted the focus from states to individuals. Hence, the need for intervention and protection was no longer confined to military threats but also encompassed the individual realm, protection of basic human rights, and the achievement of welfare. It is also worth noting that human security does not mean the absence of threats but protection from different threats.

Thus, the most accurate definition of “Human Security” is “freedom from fear and freedom from want”, whereas freedom from fear is based on the traditional meaning of security related to protecting individuals from the use of force or violence or threats to one’s life. The latter acts require serious procedures to hold the perpetrators of international crimes accountable before the International Criminal Court (ICC). This is also in line with UNSCR 1325 on Women, Peace and Security, which calls for upholding accountability mechanisms and ending the impunity of those who commit crimes against humanity. On the other hand, freedom from want is more broadly related to human security; it considers security threats as a threat to people’s welfare.

Therefore, the concept of Human Security poses several questions beyond individuals’ protection from existential threats by finding ways to enhance safety in their daily lives, at home, and in the street and community. However, this should be done without losing sight of the linkage between violence, lack of security, and human rights violations.

The Human Security approach is considered an integrated one and the international community deals with it in a coherent manner without fragmenting the needs of individuals. They [i.e., the international community] also do not deal with Human Security in a hierarchical manner but focus on the basic rights and freedoms. Therefore, United Nations plans and developmental goals have embedded human security principles in order to reach a “world free of poverty, hunger, disease and want, free of fear and violence, with equitable and universal access to quality education, health care and social protection, where human habitats are safe, resilient and sustainable”.

Components of Human Security:

Human Security is about meeting basic human needs in the environmental, health, food, community, and political spheres, while focusing not only on conflict situations but also on issues of fair trade, access to health care, patent rights, access to education, and basic freedoms.

Recently, the international community became more open to the concept of Human Security and their relevant vision is entrenched through seven dimensions mentioned by the UNDP report of 1994. The said report indicated that the main categories of Human Security are as follows: economic; food; health; environmental; personal; community; and political security, thus expanding the notion of security and going beyond the traditional view of security (the traditional view focused on protecting the land from external aggression and protecting national foreign policy interests).

Due to this approach, the goal shifted from state security to individual security, thus enhancing the linkage between security and sustainable development. The “Human Security” term was thus expanded to include security from perennial threats - such as hunger, disease, and oppression - and protection from the sudden and harmful disruption of daily life patterns.

The concept of Human Security promotes the protection of all human beings in ways that enhance human freedoms and human realization. Therefore, the framework of human security includes several aspects, such as food, environment, housing, and human rights.

Human Security in light of the Occupation:

“The gross violations of human rights and the wide-scale displacement of civilian populations constitute a direct threat to human security.”

Military occupation involves multiple forms of human insecurity, whereas this form of occupation is characterized by violence and lack of security from one side and underdevelopment and poverty from another. In this regard, Arab Human Development Report 2009 indicates that military occupation threatens human security on three levels: institutionally, structurally, and materially/physically, as follows:

• On the institutional level, the Occupation violates international law, as it uses force for purposes other than self-defense, imposes its own laws on the occupied region, and practices its governmental authority to serve the occupier’s interests.
• On the structural level, the Occupation redistributes wealth and power under different terms which widen the social and economic gap between occupied civilians, thus creating internal divisions and a state of fragmentation.
• On the physical/material level, military occupation is imposed on civilians with the power of arms and violence, leading to victims, violent resistance, and substantial human losses. Moreover, military occupation restricts basic freedoms, economic activity, and people’s livelihoods.

Therefore, military occupation contravenes basic human rights, systematically leads to human insecurity, disrupts human development, and substantially undermines people’s lives and freedoms. This negatively affects people’s income, employment, nutrition, health, education, and environment, leading to a lack of human security and affecting its various components.

The said report mentions the compound impacts of military occupation on human security, as follows:

1. Threats to life, especially by murder/assassinations (extrajudicial killings) and the targeting of civilians.
2. Threats to liberty, such as restricting people’s freedom of movement and freedom of opinion and expression.
3. Threats to economic conditions and livelihoods: Military occupation impedes the management of economic affairs and leads to economic destabilization.
4. Threats to people’s access to food, health and education: In light of violence and the displacement of persons due to Occupation, people’s opportunities to obtain sufficient food, appropriate health care, and adequate housing inevitably crumble.
5. Threats to the environment.

The aforementioned report also states that the progress in sustainable development is slower in fragile and conflict-ridden countries, especially those suffering from occupation; where violence is rampant and a distrust is seen between different individuals and institutions. The report proposes an approach that focuses on attaining human security, prevents the exacerbation of crises, and identifies the causes of emerging crises. Therefore, achieving human security in such circumstances is only possible by tackling the main causes and seeking to end the Occupation.

Relationship of Human Security with the Human Rights System:

Human Security emerged as a concept that was greatly affected by and related to conflict. This concept was introduced to urge states and policy makers to focus on vital issues and provide the maximum level of protection to civilians. It is also worth noting that protection is not limited to protecting human lives and providing the minimum level of services.

The relationship of human security with the human rights system stems from international humanitarian law. This is because human security necessitates protection, which is strongly rooted in the human rights system (which highlights “the responsibility of protection in times of armed conflict”). The subject of protection was strongly emphasized in international humanitarian law, especially the Geneva Conventions, which underscores the need to protect people from potential violence. Therefore, when civilians are subjected to harm or injury, the international community is obligated to assist them because the protection of civilians in times of conflict is among the main issues of human security.

The concept of Human Security is also related to post-conflict peacebuilding, which promotes and strengthens respect and adherence to international humanitarian law and International Criminal Court (ICC), along with exerting efforts to protect civilians in conflict situations and holding perpetrators of war crimes accountable and ending their impunity.

Moreover, the concept of Human Security is similar to human rights principles, especially the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. The logic of human security is also based on supporting development; and it includes economic security, political security, and the right of human beings to have an adequate standard of living.

Therefore, human security cannot be isolated from the discourse of the human rights system in times of peace and times of conflict. However, human security is characterized by being more implementable and practicable. It also leads to more effectiveness and justice because it is not only concerned with protecting and preserving people’s rights, but also on developing these rights.

The notion of Human Security also takes the issue of social exclusion into consideration, and it highlights the impact of social inequality on development. Therefore, it addresses the exclusion of minorities and the multiplier effects on marginalized groups (including their deprivation of accessing basic public services). Hence, human security calls for providing services to meet the needs of these groups, while taking their different circumstances into consideration. This comes as part of a holistic development vision to reach the most marginalized communities and enhance welfare and social harmony, while aiming to make significant achievements in different countries.

These aspects led to a shift in global attention. Hence, the United Nations Security Council adopted a number of resolutions that cover broader aspects of protecting the rights of marginalized groups in conflict situations, such as countering the deliberate use of rape as a war strategy and considering sexual violence a war crime.

Second Section: Human Rights Violations in Occupied Jerusalem and their Ramifications on Human Security:

The conclusions of the first section indicate the presence of a direct correlation between human security and the human rights condition. For example, an improvement in the human rights condition will lead to a better human security status. On the other hand, a rise in human rights violations will show a declining human security status. And in the case of grave human rights violations, the lack of human security (i.e., “human insecurity”) is likely to be seen.

This section underlines the main human rights violations committed against Palestinians in East Jerusalem in light of the Human Security concept. In this context, we will assess the impact of these violations on human security and its components. This is done while taking gender aspects into consideration, such as examining the effects of these violations on Palestinian women in East Jerusalem.

We will therefore highlight five major violations of the rights of Palestinians in occupied East Jerusalem, namely: the closure of cultural institutions and preventing cultural activities; extrajudicial killings; house demolitions; restricting economic rights; and attacking civilians in public spaces.

According to international law, East Jerusalem is under military occupation. Despite the United Nations Security Council’s call for Israeli troops to withdraw from East Jerusalem (as set forth in UNSCR 242), Israel illegally annexed it and imposed its laws on this occupied territory. The Israeli occupation treats the indigenous Palestinian population of Jerusalem as “permanent residents”, while considering Israeli settlers “full citizens”. Israel also enforces Judaization policies on Jerusalem, in violation of basic human rights, such as:

1. Closure of cultural institutions and prevention of cultural activities:

   The Occupation’s actions against East Jerusalem’s cultural sector strengthened Israeli control over the city and promoted the “Rabbinical Jewish” character versus the Palestinian indigenous one. This includes the forced closure of official Palestinian institutions and placing huge obstacles before cultural institutions and civil society organizations.

   Cultural organizations in occupied Jerusalem are forced to abide by administrative orders issued by the Israeli Ministry of Interior and senior Police officers. It is also worth noting that cultural institutions are considered a “security file” according to Israeli occupation authorities and not service entities, hence they are constantly subjected to Police censorship and monitoring.

   Numerous administrative orders prohibit Jerusalemite Palestinians from holding different activities, such as competitions, workshops, and other events. Statistical data shows that, as of 2019, a total of 120 cultural institutions were closed down in East Jerusalem. There are also different types of closure, such as completely closing down an organization by revoking its license; closure of an organization for a certain period of time under an administrative order; or the suspension of a certain cultural activity and prosecuting those who organized it.

   The suspension of cultural activities is accompanied by different forms of violence perpetrated against event attendees and organizers. Moreover, Occupation forces often destroy the properties of cultural venues and attack the audience in such activities.

   These actions violate the right to participate in cultural life, as well as other related rights, such as the freedom of expression. Such practices also weaken community security, which is one of the components of human security, thus undermining the safety of the occupied population. These policies also affect personal security, whereas they consider people’s expression of their culture a “legal violation”. Furthermore, numerous assaults are committed against the participants and attendees of cultural events, thus violating their freedoms.

   This systematic policy aims to minimize Palestinian presence in Jerusalem and obstructs women’s inclusion and participation in the activities of civil society organizations (CSOs), thereby reducing women’s involvement. In the absence of clear protection mechanisms, some women are forced to refrain from participating in community activities – or are reluctant to engage in civil society institutions – out of fear of being attacked by Israeli Police.

   Several reports have documented that the organizers of cultural activities are many times physically assaulted, detained for several hours, and even threatened with revoking their temporary residency.

   Israel’s actions against cultural organizations – which constitute a flagrant violation of cultural rights – greatly weakened these organizations, thus affecting the Jerusalemite community’s participation in cultural life. This led to poor cultural knowledge among Palestinian residents, thus decreasing their national, political, and societal awareness. Unfortunately, the problem of cultural organizations in Jerusalem is rarely mentioned due to considering cultural rights as “complementary rights” and not as a requirement for confronting the violation of the right to housing and decent living, which are the main problems suffered by the Jerusalemite Palestinian community.

2. Extrajudicial Killings:

   On the 16th of June 2021, PhD student Mai Afaneh was killed in cold blood by Israeli occupation soldiers in the district of Jerusalem. The soldiers shot at her while she was in her car and prevented any ambulances from reaching her. They also kept her corpse and prevented her family from bidding her farewell and burying her decently. Israeli news agencies claimed that Mai tried to run over the soldiers. However, Mai’s case is not an exception, and she is only one of more than 2,000 Palestinians who were unjustly killed since 2015.

   Extrajudicial killings deprive Palestinians of their basic right to a fair trial. This is committed through a systematic policy adopted by Israeli forces since the beginning of the Occupation. Extrajudicial killings are also considered a compounded crime because they breach several international violations. This is because international law strongly supports the right to a fair and public trial by an independent and impartial court. The said acts also contravene the “presumption of innocence” (“innocent until proven guilty”) principle. It is also worth noting that, in some cases, extrajudicial killings are considered a war crime.

   In most cases, Israeli authorities claim that these killings are “acts of self-defense”. However, the facts regarding the majority of these incidents clearly show that these acts are arbitrary and unjustified extrajudicial killings. The said circumstances include the following:

   1. Absence of an imminent danger: In most cases, the victims do not pose any threat or danger to soldiers’ lives. For example, there are many cases of shooting at wounded persons or those who flee, as well as shooting at unarmed protesters. Reported cases also showed the extrajudicial murder of women and minors, although these groups are usually harmless and physically incapable of launching effective attacks on well-trained soldiers. Therefore, it is impossible that they would pose an “imminent danger” on the gunmen.

   2. A clear disregard for the principle of neutrality and proportionality: This is a major principle of international humanitarian law. The principle of proportionality seeks to limit the harm caused by military operations by requiring that the means and methods of warfare would not be disproportionate in relation to the desired military advantage. Therefore, this principle should be applied in cases where an Occupation soldier can greatly hamper the movement of the suspect by shooting at the lower parts of his/her body instead of shooting at the upper parts (leading to murder). Documented cases also showed that, in many cases, Israeli soldiers shoot to kill instead of neutralizing the suspects.

   3. [Israeli] Politicians who urge civilians to carry weapons and openly call for executions: For example, Jerusalem District Police Commander Moshe Edri was quoted as saying: “Anyone who stabs Jews or hurts innocent people is due to be killed.” Moreover, Interior Security Minister Gilad Arden declared that “every terrorist should know that s/he will not survive the attack s/he is about to commit.”

   4. Use of Excessive Force by Israeli Soldiers: The use of excessive force has been perpetually practiced since the inception of the Israeli occupation, and it is clearly seen in cases of extrajudicial killings.

      The policy of extrajudicial killings pursued by Occupation authorities constantly threatens the lives of Palestinians and their personal and community security. This led to a state of fear, anxiety, and panic and it violates a number of basic human rights. Such policies enhance societal restrictions imposed on women under the pretext of “protection”. Therefore, the different human rights violations perpetrated by Israeli authorities curtail Palestinian presence in public spaces and restrict their free and safe movement between cities. The effects of these crimes are especially harmful to Palestinian women, who are constantly subjected to significant threats and dangers.

3. Restriction of Economic Rights:

   Since the occupation of East Jerusalem in 1967 and imposition of Israeli law therein, Israeli authorities have constantly exploited the law to limit the different aspects of Palestine life. This was done to undermine the livelihoods of the indigenous population and push them to leave their city under a “silent transfer” policy.

   Israel’s restriction of Palestinian economic rights is a vivid example of exploiting the Israeli law to Judaize the city and expand their control over it.

   The imposition of complicated Israeli laws on occupied East Jerusalem greatly puzzles local merchants and entrepreneurs. The Occupation also imposes exorbitant taxes and fees on East Jerusalem’s commercial enterprises and does not provide them with governmental support. Moreover, it is difficult for these businesses to receive tax reductions because most Palestinian merchants are ignorant of Israeli laws imposed by the occupier.

   In 2021, a quarter of the shops of Jerusalem’s Old City were closed down and had to discontinue their operations. On the other hand, Jerusalem is increasingly witnessing many small enterprises run by women. In this sector, women offer their distinctive handicrafts for sale and positively affect the society. In fact, women seem to be the most motivated to produce, hence they play a leading role in small-sized enterprises in occupied Jerusalem. Due to the restrictions imposed by the Israeli occupation on various business sectors, Jerusalemite women resort to bazaars organized by civil society organizations to present their diverse products. But even the bazaars are sometimes attacked and closed down, similar to what happens in cultural activities. This includes assaults on bazaar participants and organizers, as well as attacking and terrorizing the visitors.

   The economic environment in Jerusalem is in a terrible condition full of challenges. Therefore, small enterprises there need support and empowerment programs. However, empowerment programs are also subjected to limitations, similar to those suffered by cultural organizations. This is because the empowerment of small enterprises is considered a “security file” by the Occupation and not a vital right and service. Hence, empowerment programs require the approval and oversight of Israeli Police.

   These policies, along with excessive tax penalties imposed on Palestinian enterprises, are considered impediments of economic security in occupied Jerusalem. This reduces the opportunity to develop start-up companies and leads to the closure of current businesses. These restrictions prompt young potential entrepreneurs to think about alternative ways to find a livelihood under occupation.

4. House Demolitions:

   House demolitions are among the most obvious forms of forced displacement perpetrated by Occupation authorities. In several cases, these acts also constitute a war crime and a crime against humanity. Israeli occupation authorities use the pretext of “building without a permit” to destroy residential facilities, along with placing heavy restrictions in the procedures for obtaining building permits. During the first quarter of 2021, Palestinian families in Jerusalem witnessed a 40% increase in house demolitions compared to previous years. Also, the Occupation’s executive branch has the power to issue demolition orders which are often non-appealable; meaning that the Israeli judiciary has no authority to review them. These illicit acts are usually based on the “Kaminitz Law”, which grants broad powers to the executive branch regarding demolitions and the imposition of exorbitant taxes on house-related “violations”, thus undermining the power of judicial authorities. The said law also prevents courts from freezing demolition orders, hence the Planning and Building Department can freely issue an administrative order to demolish a building – along with imposing a fine of hundreds of thousands of Shekels - without court permission. The Israeli government boasts that, through this law, they were able to cut down 80 percent of the construction in “unregulated” Arab towns.

   This policy threatens to make many Palestinian families homeless overnight and imposes harsh and unbearable circumstances. The said practice breaches the right to adequate housing and contravenes the Geneva Conventions, which prohibit the forcible transfer of protected civilians.

   This also threatens and undermines the personal security of individuals. Women are particularly vulnerable in such cases, as they are forced to adapt to a new situation and assume their previous responsibilities with must less means.

   The said policy also affects the roles of women due to moving to a new area and suffering from different circumstances after their house gets demolished. This transforms the lives of Jerusalemite Palestinian women from stability to displacement. It also affects their ability to access sufficient resources and restore their sense of belonging in light of constant fear and anxiety. It also destabilizes the economic situation and affects the family structure due to the loss of livelihoods, properties, and belongings as well as the loss of privacy.

   International law links the right to adequate housing with human security since the latter is a major component of the right to an adequate standard of living. Therefore, the “indivisible” approach applies to basic human rights, such as the right to food, water, health, work, property, well-being, safe housing, and protection from inhuman or degrading treatment. The definition of the “Right to Adequate Housing” shows that this term is more than providing a roof for a person to live under, but it also includes a person’s right to live a safe and honourable life in an adequate housing away from threats. Therefore, the international community considers forced displacement a gross violation of international law. This act [i.e., forced displacement] can even constitute a war crime or a crime against humanity in some cases.

5. Attacking Civilians in Public Spaces:

   Israeli occupation authorities intentionally restrict the Palestinian right to access or be present in public places. This is done by attacking civilians in public spaces, conducting arbitrary arrests, and issuing orders to ban persons from approaching their city. The policy of attacking civilians runs contrary to international humanitarian law, as Article (27) of the Fourth Geneva Convention requires Occupation authorities to protect civilians and guarantee their basic rights. It also stipulates that “protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs.” This Convention also states that individuals must be protected from any attack. Furthermore, the Occupation violates the Palestinian right of peaceful assembly, which was protected by Article (21) of the International Covenant on Civil and Political Rights.

   The said policies directly affect Palestinian women, who are forced to stay in private spaces and are permanently threatened in the public sphere, including threats to their community security and personal security.

When you think of Palestine, “permaculture” is not the first association that comes to mind, but it is a concept with striking relevance. Not far from Bethlehem, tucked away in the valley below Shepherd’s Field, is a little community called Bustan Qaraaqa (Tortoise Garden). Given the difficulty of access to services and resources in the Occupied Palestinian Territories, this experimental project takes its departure from the idea that, through community farming and sustainable living, we can find creative ways to use the things around us to fill our needs. In a context where you are cut off from large portions of your land and prohibited from consistent access to water, self-sufficiency and permaculture (permanent culture) make sense as guiding ideals.

Bustan Qaraaqa is part of the wave of grassroots activism around the world, which identifies a connection between politics and lifestyle, between developing a healthy relationship with the environment and social empowerment. Living simply and sustainably can become a method of getting beyond a dependency on party politics, delinking oneself from the interest-driven system of money and power that dominates official political programs. Bustan Qaraaqa identifies itself as part of a Green Intifada, a grassroots democratic movement based on an ethic of caring for the environment and community. Founded in 2008 by four young British ecologists, the project works closely with the community to promote creative ways to use water efficiently, both in the household and for irrigation, and an array of composting techniques which serve the dual purpose of increasing soil fertility and dealing with waste management. In addition, they have a tree nursery, reuse waste in green building, and will soon be embarking on fish farming.

When sitting on the porch at Bustan Qaraaqa, the conversation often returns to that most precious of resources: water. It is hard to imagine living in a situation where you turn on the tap and find that nothing, not a drop, emerges. But that is the reality in many parts of the West Bank, where water is often, without warning, redirected to the nearby Jewish settlements. In these conditions, this group is trying to find ways to create resilience and self-reliance. Pursuing constructive ways to cope with the difficulties of living under occupation, the guesthouse attached to the farm serves the secondary function of educating young people who are travelling through about the hardships of life under occupation, the injustices that are too rarely reported.

For example - Israelis and Palestinians share two interrelated water systems, but while a significant amount of this water is located within the territory of the West Bank, the majority of it is used by Israelis. Three aquifers are located on the border between Israel and the OPT. Israel uses 95% of the water in the western aquifer, 67% of that in the north, and though the eastern one is located entirely in the West Bank, 40% of its water is used by Israel and settlers (See Passia and Palestine Monitor for detailed fact sheets). According to the World Health Organization, the minimum amount of water intake per person per day should not be below 100 litres. But in the West Bank, only 16% of the population has access to this amount. Settlers, meanwhile, have access to about 600 litres a day. The problem with water in this region is not a lack of resources; there is enough to go around. The problem is inequitable distribution.

In addition to limited access to clean water, the classification of land within the West Bank makes building infrastructure, wells, and waste management systems, a highly laborious and bureaucratic process. The distinctions between Areas A, B and C is an affront to the newcomer’s imagination. The outsider might assume that Palestinians have control over the land on their side of the Green Line. But in reality, the West Bank is divided into areas in which the Palestinian Authority can and cannot operate. The PA has full administrative authority only over Area A, which is generally made up of urban areas and population centers. Meanwhile, over 60% of land in the OPT is classified as Area C, land on which the PA is not allowed to build or do maintenance. This essentially turns the West Bank into an archipelago of separated and isolated islands, which are unable to make use of the space and resources outside their strictly defined perimeters. Without that land, it is impossible to deal adequately with waste and sewage, or to build the structures required to provide consistent access to resources. Palestinians are, then, essentially barred from the freedom to construct a healthy, safe, and sustainable relationship with their environment – in the usual ways.

But the unusual ideas advocated by Bustan Qaraaqa may supply an alternative. While their compost toilet and the mulch created out of household trash may seem far fetched, this community is offering a model, an ethic, and a spirit, that is not atypical in this region. And though external funders and big donors try to promote grand projects and bring in well-paid private contractors, the Bustan exemplifies the ethos that emerges time and time again in Palestine: in ensuring the permanence of Palestinian culture on this land, the way forward must be one of community-based empowerment, which preserves a healthy relationship with the environment, and a fundamental hope in people, not politics.

Leah H is a Writer for the Media and Information Department at the Palestinian Initiative for the Promotion of Global Dialogue and Democracy (MIFTAH). She can be contacted at mid@miftah.org.

For the past two days, in the halls of Birzeit University, against the backdrop of the hills of Ramallah, students from around the world have convened to discuss strategies to hold Israel accountable. On this campus, which was the site of many of the early moments of the first intifada, the conference, run by Right to Education is giving hope that a new uprising, a non-violent, energetic, tenacious campaign, is gaining momentum.

In 2004, the International Court of Justice declared the building of the separation wall between Israel and the Occupied Palestinian Territories (OPT) illegal. Construction, however, continued unabated. A year later, members of Palestinian civil society put out a call for Boycott, Divest and Sanction (BDS), to hold Israel accountable until it complies with international law. The movement has been endorsed by over 170 Palestinian parties, organizations, and trade unions, and is essentially a call from the civil society of Palestine to the civil society of the world to join in solidarity, to stand up in our capacity as citizens and consumers, as individuals and communities, against the violations of the rights of Palestinians.

Indeed, Israel continues to break many international laws and surprise the public with its ongoing aggression: the building of settlements in the OPT is a breach of the Fourth Geneva Convention; the Goldstone Report declared that Israel’s operations in Gaza during Operation Cast Lead amounted to war crimes; the International Committee of the Red Cross has condemned the siege of Gaza; and many around the world have been shocked at the violence Israel displayed against the members aboard the humanitarian Freedom Flotilla. Amidst all these declarations of discontent, which nevertheless fail to amount to any concrete action, Palestinian civil society activists are saying: Enough is enough. Israel must be held accountable.

When one considers the word “accountability,” a host of connotations emerges, such as accounting, counting, numbering and enumerating. Despite the fact that, until the present BDS campaign, little has been done to keep Israel accountable, there are many other kinds of counting and accounting going on in this conflict. Finances and budgets, and all the accoutrements of economic plans, are significant actors in this drama. The website WhoProfits.org aims to expose how Israeli and international companies benefit from the occupation, from the construction of infrastructure, through control of the population and economic exploitation. It investigates the position of the settlements and the economic benefits they provide. BDS is a way of engaging with the economics of the occupation, a non-violent way to expose and punish all those who benefit from the abuse of human rights.

A central aspect of the BDS message is that, in a world as interconnected and integrated as ours is, this conflict is not simply local, isolated to an argument between Israelis and Palestinians. With our global economy and webs of commerce and technology, many of us are complicit in the crimes that are perpetrated against Palestinians. It is therefore, the responsibility of individuals and communities globally to examine the ways in which their actions facilitate this conflict. BDS is thus an attempt to hold, not only Israel, but the international community accountable as well.

But advocates for BDS have an even more penetrating point to make: It is not only the explicit cases of profiting from private contracts and construction that are important to expose. It is crucial to examine ways in which the entire structure of aid and development in the OPT also works subtly to facilitate the occupation. Activists articulate frustration with the fact that the international community treats the situation here as if it were the effect of a natural disaster. “Palestine was not hit by a tsunami” one presenter at the Right to Education conference said. We don’t need food; we need rights. Because of legal and physical restrictions on trade – how the delays at the borders make exports inefficient and uncompetitive, for example - a huge portion of the Palestinian economy comes from foreign aid. But what are the effects of this economy of aid? What are the webs of accountability to which it gives rise?

In offices both governmental and non-governmental across the OPT, thousands of employees are forced to attend constantly to counting costs, drafting grant proposals, applying for funding. One NGO worker said recently that the non-profit sector is a surprisingly close mirror of the private sector and is fundamentally based on a market model: You must evaluate your projects, quantify your results and demonstrate to your foreign funders that your organization is effective and efficient and worthy investment. In this competitive system, amidst all the pressures to perpetuate their own existence, many organizations are forced to focus on tasks that are not in line with their original priorities. In a survey done by the Palestine Economic Policy Research Institute, 67% of Palestinians who were polled thought that foreign aid is given not according to the needs of Palestinians, but according to the political interests of the donors. While they agree that aid is beneficial in easing living conditions, a majority nevertheless believe that international aid helps reinforce the occupation, rather than supports Palestinian interests (see http://www.ndc.ps/uploads/File/Researches/Tracking%20External%20Donor%20Funding.pdf). USAID, for example, has been particularly troublesome on this front, in its participation in funding the occupation. Reports in May revealed that the agency is helping in the construction of an “apartheid road,” which will provide Palestinians with a separate road system to connect Palestinian cities, and thereby give settlers in the West Bank exclusive access to the main roads. Essentially, the road system will limit Palestinians' freedom of movement, isolating them to select enclaves, while increasing and easing the travel of settlers, making the settlements more attractive places to which to move (see Jonathan Cook’s article, http://electronicintifada.net/v2/article11267.shtm). Far from holding Israel accountable, therefore, or even ensuring that aid efforts and NGOs are

accountable to Palestinians, it is international donors who are pulling the strings, giving or withholding at their own whims, and meanwhile demanding that Palestinians and aid workers on the ground be held accountable to the desires expressed, and decisions made, in Brussels and New York.

It is in this context that members of the BDS campaign are trying to shift the priorities of the struggle. It is incumbent upon the international community to recognize its levels of complicity, the fact that it cannot buy off its obligations with gestures of benevolence and charity. Efforts are fruitless unless they involve keeping Israel accountable. It is time to hear the message and to join the call of Palestinian civil society. It is time to offer, not aid, but solidarity.

Leah H is a Writer for the Media and Information Department at the Palestinian Initiative for the Promotion of Global Dialogue and Democracy (MIFTAH). She can be contacted at mid@miftah.org.

I finally saw the olive trees. I had been in Ramallah for over a week, but had been so preoccupied with adjusting to a new environment and finding my way around, I had not even noticed all the twisted trunks and the thin grey-green leaves that filled the city. Until, one day, when I was walking home, an olive fell on my head. At first I reacted with displeasure, as we often do when impersonal forces set out to cause us embarrassment. But when I looked up to find the source of this annoyance, I was suddenly struck with the beauty. Above me was a web of branches and leaves that embodied the life source of this region. And as I began to look around, to look out over the hill upon which Ramallah is set, I realized that the horizon was full of these silent compatriots, whose branches have long been a symbol of peace.

It is well known that olive trees are precious in Palestine. They signify nourishment and wealth, the silkiness of oil, the richness of harvest. Olive trees mature slowly and live for thousands of years. On the Mount of Olives in Jerusalem, in the Garden of Gethsemene, there are trees said to have been there when, 2,000 years ago, a man, considered by many to be at least a prophet if not the son of God, prayed that he might be released from his task of dying for the sins of the world. Olive trees have been the quiet witnesses to some of humanity's most beautiful moments and most devastating catastrophes. They are most at home in the sun and soil between the Mediterranean and the Red Sea, and number among the inhabitants of this land, which has been loved and contested for as long as history has been written.

In the wonderful documentary film, Budrus, the importance of olive trees to the Palestinian cause and identity becomes palpable. This film has been making its way around the world, and showed last week both in Ramallah and in the Jerusalem Film Festival. I had seen the film in New York at the Tribeca Film Festival, in an audience that included Michael Moore, and it has gained much acclaim, winning awards in San Francisco and Berlin, and receiving special mention in New York, Madrid and Dubai. Budrus tells the story of a village of the same name in the West Bank, which organized and rose up in non-violent opposition when bulldozers began tearing out its olive trees to make way for the Separation Wall. This wall is particularly contentious in that it does not follow the line that is recognized as dividing Israel and the West Bank, but is, instead, built within Palestinian territory, often cutting farmers off from their farmland and olive groves. The film emphasizes the link between olive trees and Palestinian identity when the camera rests on an old woman who says of the trees, “They are like our children!" And as one watches the trees being ripped out of the ground, one is struck with the feeling of having one’s heart torn from one’s chest.

In the village of Budrus, Ayed Morrar helped organize protests against the building of the wall, bringing together a diverse ensemble of stakeholders, including Fatah, Hamas, Israelis and international supporters. His daughter is particularly inspiring as she makes the cause her own and helps organize the participation of the women. The film does an excellent job in showing the hopefulness of this non-violent, popular movement. It also reminds the viewers, however, that the story of Budrus is not unique. Non-violent protest is a marginal, but longtime part of the history of the conflict here. Villages all over, from Bil’in, Jeyyous, Ni’lin, and many more, have become known, at least locally, for their long-term efforts at resistance.

Around the same time I noticed the olive trees, I learned about the concept of "Sumud". In Arabic, this is a word that implies steadfastness. Sumud has been a motto of the Palestinian struggle since 1967. It has represented the quiet willingness to persevere, to not be moved, when all the pressures of the world are trying to force you out of your home and off your land. The concept of Sumud has been interwoven with the symbol of the olive tree, to express the courage to hold one’s ground, and stay strong and rooted. Sumud has also been represented by the image of a peasant mother and child - a mother whose love will not subside, even in the face of hardship and frustration.

Sumud has been a pillar of Palestinian resistance for decades. The first intifada saw many efforts at such non-violent actions, including marches, hunger strikes and civil disobedience. Given this history, it is frustrating when the media characterizes these struggles as nascent and experimental. Nick Kristof’s recent article in the NY Times is particularly disappointing on this point (July 9, 2010). While seemingly supportive of Palestinian grassroots efforts, he reiterates a mischaracterization of the situation by claiming that the root of the failure of these efforts lies on the side of the Palestinians who often begin the stone-throwing, thus compromising their claim to non-violence. Many participants in protests here, however, attest to the fact that tear gas canisters are launched into the crowds of demonstrators without provocation, and the display of force between the Palestinian demonstrators and Israeli soldiers is regularly disproportionate. To chide David for flinging a hopeless stone at Goliath seems to misplace the critique.

Samah Sabawi, on the other hand, writes a beautiful article in the Palestinian Chronicle, where she notes that while people toss around the question of why there is no Palestinian Gandhi, they overlook the extensive tradition of Sumud, non-violence, and the thousands of Palestinian activists and civilians held in Israeli jails and living in refugee camps (http://palestinechronicle.com/view_article_details.php?id=15969). Both individually and collectively, Palestinians have long responded to the occupation through non-violent measures. Protests against the wall, actions against the fences erected between farmers and their land, graffiti, music and marches, have all been among the many attempts to expose and reject the injustices imposed by Israel. Currently, every Friday, Palestinians, Israelis and internationals protest in the east Jerusalem neighborhood of Sheikh Jarrah where Palestinian families who have been evicted by Jewish settlers have set up tents in front of their homes, insisting that they will not be moved. The BDS movement, to boycott, divest and sanction Israel, which arose out of Palestinian civil society, is also a crucially important force, which has great potential and deserves international attention.

The most poignant moment in Budrus is when Ayad’s daughter jumps in front of a bulldozer as it is uprooting an olive tree. This incredible act of courage fortunately halts the progress of the bulldozer. But this act reminds us that non-violence requires great risk and unfathomable perseverance. As Sabawi writes, one of the key ingredients for non-violent resistance to work is the attention and support of the international community. Non-violence can only be successful through the external solidarity it garners. In as much as the media feeds on stories and blood and violence, it fails the many who are spending their lives in this steadfast perseverance. Because non-violence rests on the concept of making oneself vulnerable, giving up defenses to expose the violence being threatened by the opposition, it requires the willingness of outside actors to step in and demand accountability from the dominating power. It seems, then, that instead of critiquing the methods of the local organizers or the boys who throw stones, or waiting around for the emergence of a Palestinian Gandhi, the better question may be: What role are you playing in contributing to the peace efforts in this region?

Leah H is a Writer for the Media and Information Department at the Palestinian Initiative for the Promotion of Global Dialogue and Democracy (MIFTAH). She can be contacted at mid@miftah.org.

To keep some out. To fence others in. To police movement, instill fear, uncertainty, and instability. Palestine is a land cross-hashed with separation barriers, walls, fences and checkpoints. For many people, these structures make one either an exile or a prisoner, barred from returning or unable to leave. But in addition to the policing of movement, these mechanisms correspond to a policing of information, a control of what truths are able to travel beyond the borders of these territories, to reach the world outside.

Crossing borders always leads to new experiences. But one of the first things I noticed upon arriving in the West Bank is the very particular and peculiar transition that takes place when the border one is traversing is Israeli. Before I passed through Allenby Bridge, which provides entrance from Jordan into Israel, I thought I had an idea of the situation here. But until you come face to face with a machine gun-carrying-19-year old, the frightening nature and intense stranglehold of the occupation is hard to imagine. Without the experience, it is hard to understand how, despite complete innocence, one can be made to feel like a criminal, what it feels like to be interrogated, held for hours, and finally cast outside in the darkness of the night. And the experience of a foreigner is nothing compared to the harassment of those with Palestinian documents.

Once you are finally able to cross that border, however, something odd begins to happen. The reality of the situation becomes so obvious, that it is suddenly difficult to remember that there was ever a time when one didn’t grasp the severity of the occupation. It becomes hard to believe that others might not be fully aware of what goes on within Israel’s borders, under its control of Gaza the West Bank and east Jerusalem. But this creates a dilemma, a kind of information gap. For those on the outside, it is almost impossible to wrap one’s head around the fact that this level of oppression can still exist in the modern world. Meanwhile, those on the inside are perplexed at how others don’t seem to understand.

In a world as technologically advanced and information-saturated as ours seems to be, the lack of accurate representations of the conflict in Israel and Palestine in mainstream western media is astounding. As much as the borders and walls around Palestinians lands hinder people’s movement, they also seem to hinder the spread of reliable information. The blockade of goods into Gaza mirrors a kind of blockade on the speech and perspective of Palestinians, a silencing of their voices. Unless one knows where to look and actively seeks out the right websites and news sources, one is otherwise barraged with faulty information and mischaracterizations, which shape public opinion internationally, and become yet further mechanisms of domination.

A recent poll, commissioned by the Israel Project, shows that 56% of Americans think the American government should support Israel, and only 7% think it should support Palestine. This is related to the fact that most Americans think Palestinians are the ones stalling the peace process. At a ration of 2 to 1, Americans think that Palestinian “incitement” is a worse obstacle to peace than settlement-building in Jerusalem.

The claim that Palestinians are engaging in incitement through their media and school curricula, however, is itself, in large part, an Israeli media creation – yet another warping of the perspective that makes it into the public arena.

Palestinian Media Watch is an organization that aims to expose the use of extremist language in Palestinian media, which glorifies terrorism and creates a culture of hostility towards Israel. The organization claims to work in the interest of peace, and its materials are cited by a wide variety of institutions. It is a central informational link on the website of the Israeli foreign ministry and its founder, Itamar Marcus, has testified before the American congress and participated in a conference with US Secretary of State Hillary Clinton.

While PMW is received as an objective and unbiased resource, however, what goes unnoticed is that it is actually connected to right-wing Israeli funders, and Marcus himself lives in a West Bank settlement. This is highly ironic. For while PMW spreads the message globally that Palestinians are engaging in vicious incitement, the almost unanimous opinion within the borders of the West Bank is that the main obstacle to the peace process is precisely the issue of settlements, like the one in which Marcus resides. Despite the fact that the Middle East Peace Quartet and the international community have declared the building of settlements illegal, Israel persists in the establishment of these communities.

Continued construction of settlements not only undermines trust. It is also, day by day, destroying the possibility of a two-state solution. This is another fact that seems to be inadequately captured in international media. Many abroad see the situation here as the same as ever, just another year in a never-ending struggle. But for a large number of people on the ground, there is a sense of real urgency. With each new settlement, more Palestinian land is illegally claimed, land which may never be returned.

As the walls and fences enclose Palestinian villages and cut them off from their land, they sever the world from the critical voices and perspectives that must be heard. For a moment, it seemed like the Turkish Freedom Flotilla fiasco might penetrate the blockade on public opinion. But as Al Jazeera reported, information was once again confiscated and altered, with only two minutes of film released out of hours of footage, and the world largely buying into the incredible Israeli story of fanatic humanitarians. Like the contrived arguments of PMW, the physical and informational controls that Israel exerts are working against the possibility of peace, and creating barriers between Palestine and the rest of the world that must be rejected.

In the past, the international community rose up and challenged regimes of apartheid. It is unconscionable that in the present, through its inaction and unwillingness to demand accountability from Israel, the international community (in the shadow of the United States) is implicitly supporting the system of separation and segregation here, and is complicit with an ongoing system of apartheid. At some point, the walls will fall, and the barriers will be broken through. The question is whether or not the US and international community can shake off their blindness and be a part of a peaceful solution before it is too late.

Leah H is a Writer for the Media and Information Department at the Palestinian Initiative for the Promotion of Global Dialogue and Democracy (MIFTAH). She can be contacted at mid@miftah.org.