MIFTAH
Thursday, 28 March. 2024
 
Your Key to Palestine
The Palestinian Initiatives for The Promotoion of Global Dialogue and Democracy
 
 
 

“At the end of the day, we do not want this occupation to look more pleasant and more beautiful. We want to end this occupation, have our own state and independence, and naturally build our society like any other people in the world. For me, the critical point is to end the occupation, not make it more convenient. And so, I do not need support in terms of making the situation of women human rights defenders better. Perhaps I want to stop being a human rights defender.“ (S. F. Addameer)

The human rights violations caused by the Israeli occupation do not affect one or two aspects of Palestinians' lives but rather every aspect of their lives, causing them severe suffering and obstacles during their day-to-day life. While this violence is targeted against the entirety of the Palestinian people, including women, children and the elderly, it has a disproportionate impact on women due to reinforcement of patriarchy, traditional gender roles and stereotypes, as well as the reproduction of the cycle of violence by the stronger social group against the weaker social group, and signifying diminishing acceptance and tolerance to diversity and difference.

Despite the multitude of instruments and mechanisms to protect from violence in times of armed conflict including the framework of international human rights law, international humanitarian law and international criminal law in addition to the women, peace and security (WPS) agenda; women in Palestine are subjected to several human rights violations caused by the Israeli occupation making it nearly impossible for them to freely enjoy their rights.

Between a patriarchal society and a colonial occupation, women's rights defenders face many restrictions and violations of their rights. The Israeli authorities sharply increased their measures to silence the active voices and the civil society organizations around all of historical Palestine. The ongoing injustice that Palestinians have been living under for more than 70 years takes limitless forms, in this article, the researcher will focus on the attacks by the Israeli authorities on women's rights defenders with a gender lens in reference to the United Nations Security Council Resolution (UNSCR) 1325.

Women rights are human rights, this phrase was first used in the 1980s and early 1990s. Stating that women rights are a part and parcel of human rights. In the past century the movement of protecting and recognizing women rights has indeed increased. During this movement, the WPS agenda was formally initiated by the UNSCR 1325 in 2000 that was the first landmark resolution on WPS 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 UNSCR1325 has four pillars :-

  1. Participation: Calls for increased participation of women at all levels of decision-making, including in national, regional, and international institutions; in mechanisms for the prevention, management and resolution of conflict; in peace negotiations; in peace operations, as soldiers, police, and civilians; and as Special Representatives of the U.N. Secretary-General.

  2. Protection: Calls specifically for the protection of women and girls from sexual and gender-based violence, including in emergency and humanitarian situations, such as in refugee camps.

  3. Prevention: Calls for improving intervention strategies in the prevention of violence against women, including by prosecuting those responsible for violations of international law; strengthening women’s rights under national law; and supporting local women’s peace initiatives and conflict resolution processes.

  4. Relief and recovery: Calls for advancement of relief and recovery measures to address international crises through a gendered lens, including by respecting the civilian and humanitarian nature of refugee camps, and considering the needs of women and girls in the design of refugee camps and settlements.

On the 19th of October 2021, Israel's Defense Minister Benny Gantz designated six leading Palestinian human rights and civil society groups as "terrorist organizations" under Israel's domestic Counter-Terrorism (Anti-Terror) Law (2016). The six groups are: Addameer, Al-Haq, Bisan Center for Research and Development, Defense for Children International – Palestine (DCI-P), the Union of Agricultural Work Committees (UAWC), and the Union of Palestinian Women's Committees (UPWC). The Israeli military commander also outlawed all six groups under the 1945 Emergency (Defense) Regulations, declaring them "unlawful associations" . These baseless designations aim to delegitimize and discredit the work of these groups, placing the organizations, their staff, and their supporters in danger of criminal charges.

Israel continues its aggressive and illegal treatment of human rights defenders due to their coverage of Israeli violations towards Palestinians and continued presence in peaceful demonstrations. Women human rights defenders have been frequently targeted and have suffered gravely from such disproportionate attacks . Women activists and journalists have been subjected to night raids, arrests and punitive measures under the pretext of “incitement” . Since May 2021, there was a fundamental engagement of young Palestinian women leaders from Jerusalem specially in Sheikh Jarrah and Silwan describing their reality and providing their views, the role of young women leaders in defending the rights of Jerusalemites in general was remarkable and challenging to the stereotypes. However, the attacks by the Israeli forces against these women was more than brutal. Muna Al-Kurd 23-years-old an activist and journalist from Sheik jarrah was subjected to several physical and psychological harassments from the Israeli forces and settlers, in addition to arresting her in June 2021 for questioning regarding her activism. The arrest of Muna Al-Kurd came hours after the arrest of Givara Budeiri a journalist for Al-Jazeera news network who was reporting on a sitting protest in Sheikh Jarrah. Givara was assaulted by the Israeli forces and her equipment was destroyed as well. She was released after several hours from custody . Nufuz Hammad a 15-year-old girl from Sheikh Jarrah was arrested in December 2021, in addition to her arresting; her family is one of the six families who are facing forced displacement from their home in Shaikh Jarrah.

Under the International Declaration of Human Rights Defenders, the work of defenders must be protected alongside their right to freedom of expression and peaceful assembly. Israel aims to create an environment through its systematic policies and illegal treatment to the human rights defenders where they can’t practice their work freely and where they are in danger of criminal charges and several restrictions.

In reality, Israel illegally takes measures to prohibit Palestinians from advocating for their rights or making any expression of a political nature. These measures are in violation of international human rights law and principles relating to freedom of expression and association, and the entitlements of human right defenders to carry out their work .

One of the many measures taken by the Israeli authorities to silence the women human rights defenders is the Israel’s military order 101 of 1967 that prohibits various demonstrations, protests, and gatherings which are offensive to Israel’s political interests. The order justifies targeting human rights defenders to prevent them from peaceful political expression. Palestinian women defenders, journalists, and media students are being exposed to various forms of violations by Israeli occupation forces, through harassment, physical abuse, censorship, equipment confiscation, interrogation, restriction of movement, detention, arrest, and protection of settler violence, all effectively restricting the ability of defenders to continue their work promoting the rights of Palestinians .

In general, human rights defenders in Palestine face many restrictions and many systematic measures from the Israeli authorities to restrict their work, their right to reach information and practice their job freely, while human rights defenders fights for the rights of people, they themselves face many human rights violations from the Israeli authorities. One of the most common measures taken by the Israeli authorities against human rights defenders is to restrict their work by arresting them. Several women rights defenders have been arrested and many are still arrested.

According to research prepared by Addammer; there are 33 female prisoners in Hasharon and Damon prisons. Both of these prisons are located outside the 1967 occupied territory, in direct contravention of Article 76 of the Fourth Geneva Convention, which states that “an Occupying Power must detain residents of occupied territory in prisons inside the occupied territory”. Female detainees are immediately subjected to various kinds of abuse, and even torture, by the occupation authorities, including dawn arrests, constant transfers between detention centers – and, once in prison, long-term separation from their children . the majority of Palestinian women prisoners are subjected to some form of psychological torture and ill-treatment throughout the process of their arrest and detention, including various forms of sexual violence that occur such as beating, insults, threats, body searches, and sexual harassment. Upon arrest, women detainees are not informed where they are being taken and are rarely explained their rights during interrogation. These techniques of torture and ill-treatment are used not only as means to intimidate Palestinian women detainees but also as tools to humiliate Palestinian women and coerce them into giving confessions .

Ms. Shatha Odeh a 60- year- old nurse and the Director of the Palestinian NGO Health Work Committees was arrested in July 2021 with no arrest warrant and without informing her of the reasons for her arrest. Since her arrest, Ms. Odeh has suffered several violations of her right to liberty and of her right to a fair trial, in breach of articles 9 and 14 respectively of the ICCPR. Her detention has been reviewed and extended by a tribunal composed of three military judges, despite her status as a civilian. Ms Odeh’s right to health has also been violated. She suffers from a number of chronic conditions requiring her to take specific medications regularly. The Israeli Prison Service has repeatedly neglected her medical needs; until 15 July, it denied Ms. Odeh access to one of her essential medications. As her arbitrary detention continues, her health keeps deteriorating . Moreover, the prominent human-rights activist and president of the Union of Palestinian Women’s Committees (one of the six designated civil society organizations) Khitam Saafin, 58- years- old was arrested in November 2020 and placed under administrative detention, without charge or trial for nearly 15 months until the military prosecutor submitted a list of charges against her on 8 June 2021 and sentenced her for a 16 months’ imprisonment and a fine of 1500 ILS .

According to a special study prepared by MIFTAH on “Palestinian Women: The Disproportionate Impact of the Israeli Occupation”, 33 percent of the interviewed women refugees had been directly exposed to physical assault by Israeli Occupation Forces. As many as 21 percent had been beaten or tear gased at Israeli checkpoints while they were pregnant, and 4 percent reported that they aborted or gave birth at Israeli checkpoints. Moreover, 24 percent were forced to live in shelters or with extended family and 37 percent had been exposed to detention or interrogation. The physical violence women experience while living in the refugee camps is alarming and the number of psychological violence is even higher. Moreover, 72 percent of Palestinian women feel panicked when they hear the sounds of Israeli bullets, war jets, bombs or Palestinian ambulances, and 88 percent confirm that they feel terrified when Occupation Forces storm the camp. These women live in a mentally stressed environment where it is hard to feel safe because they have experienced or know that physical violence is a part of their everyday life. As they describe their experience a “triangle of oppression “due to a combination of violence committed by the Israeli occupation and their daily life and traditional attitudes towards women from a suppressive and patriarchal environment.

In conclusion, according to UNSCR 1325, the party states should protect women from all forms of violence and calls for improving intervention strategies in the prevention of violence against women, including by prosecuting those responsible for violations of international law under Article 11 that calls the responsibility of all states to put an end to impunity and to prosecute those responsible for crimes against humanity and war crimes including those relating to sexual and other violence against women and girls. Article 10 of the resolution calls all parties to armed conflict to take special measures to protect women and girls from gender-based violence. The violations of women rights defenders by the Israeli occupation authorities are with no doubt a gender-based violence that is directed against women because she is a woman or that affects women disproportionately.

The application of the WPS agenda in its current status is not serving the protection that is required for Palestinian women and women rights defenders. Even though UNSCR 1325 is created and centered towards the protection of women in times of conflict but from my point of view it’s not serving its purpose fully. The women in Palestine are still facing many obstacles and restrictions during their daily life and are subjected to all forms of violence either in the Israeli prisons, checkpoints, freedoms and their basic human rights. Article nine that calls upon all parties to armed conflict to respect fully international law applicable to the rights and protection of women and girls. It is crystal clear that the Israeli occupation have no respect to the international law and to the Conventions and resolutions related to the protection of human rights, therefore it’s time to stop calling for respect and start calling for an end to the impunity and accountability. The status and the protection of Palestinian women is decreasing day after day, and it strongly requires a move to action from all parties committed to UNSCR 1325 and the international community.

Ola Salem is the second recipient of the women, peace and security scholarship in memory of Zaida Catalán from the Folke Bernadotte Academy (FBA ) of Sweden

 
 
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