High Court: Gaza student cannot complete studies in West Bank

Amira Hass | Haaretz

9 December 2009

The High Court of Justice ruled on Wednesday to deny a Palestinian student from Gaza who has been studying in Bethlehem permission to complete her university degree in the West Bank.

Berlanty Azzam, 22, has been in the West Bank since 2005 and has only two months of studies left in order to complete her Bachelor’s degree in business administration. In late October, however, the Israeli authorities expelled her back to Gaza claiming that that she was illegally staying in the West Bank.

Azzam petitioned against her expulsion with the assistance of Gisha, a legal center for freedom of movement, but the High Court accepted the Israeli authorities’ decision to deny Azzam a chance to remain in the West Bank to continue her education.

The authorities did not claim security charges against Azzam.

Regarding the assertion that she is an illegal alien in the West Bank, Gisha said that she had moved to the region legally with an entrance permit into Israel issued to her by the IDF commander on the scene after a meticulous security check.

The High Court accepted Israel’s claim that Azzam entered the West Bank illegally, due to the fact that the permit entitled her entrance into Jerusalem, not the West Bank.

During the four years she lived and studied in the West Bank, Azzam placed several requests to change her address from Gaza to Bethlehem.

According to the Oslo accord, the Palestinian Authority has the power to change its’ citizen’s addresses in their identity cards, and is only required to notify the Israel authorities.

But ever since the accord was implemented, Israel has refused to accept the PA’s authority to register change of address from Gaza to the West Bank, and has retained a monopoly over the acceptance or denial of an address change request.

Since the year 2000, Israel has also refused to allow Gaza residents to study in the West Bank. It is believed that there are currently over 25,000 Palestinians who were born in Gaza and are currently living in the West Bank, all of whom have been disallowed to change their address on their identification certificates.

Most of them have been living in the West Bank for many years. They have raised their families there, and have been working in the region, but are under the constant threat of expulsion.

The US cash behind extremist settlers

Andrew Kadi and Aaron Levitt | guardian.co.uk

8 December 2009

The Hebron Fund is raising vast sums for Israeli settlements that violate the Geneva convention, with little scrutiny

Last month, a Brooklyn-based non-profit organisation called the Hebron Fund, which supports Jewish settlers in the Israeli-occupied city of Hebron, held a fundraiser at the New York Mets’ stadium, Citi Field.

The fundraiser went forward despite calls for its cancellation from grassroots human rights organisations from the US, Palestine and Israel. The fact that the Hebron Fund likely raised hundreds of thousands of dollars for extremist Israeli settlers at a major US venue with little public scrutiny is a troubling sign for those who hope that the US can play a constructive role in achieving a just peace in the Middle East.

Perhaps more worryingly, according to Washington Post columnist David Ignatius: “A search of IRS records identified 28 US charitable groups that made a total of $33.4m in tax-exempt contributions to settlements and related organisations between 2004 and 2007.” Some of the larger organisations, including Friends of the Ateret Cohanim and Friends of Ir David, both leading the Jewish settler takeover of Palestinian East Jerusalem, are based in New York City.

Israeli settlements violate the Geneva convention’s prohibition against an occupying power transferring its population into occupied territory, and Israeli settlement expansion directly contradicts the US call for a settlement freeze.

Hebron’s Jewish settlers, who are supported by the Hebron Fund, are openly fundraising in New York City. Under the protection of the Israeli military, they are expanding settlements in Hebron’s Old City and driving out the Palestinian residents.

The Hebron Fund’s extremist positions are clear. Hebron Fund executive director Yossi Baumol told The American Prospect that “[d]emocracy is poison to Arabs”, “Israel must not give Arabs a say in how the country is run” and “[y]ou’ll never get the truth out of an Arab”. Hebron’s chief rabbi, Dov Lior, a featured participant in some Hebron Fund events, recently praised a new book that says it is permitted for a Jew to kill civilians who provide moral support to an enemy of the Jews, and to even kill young children, if it is foreseeable that they will grow up to become enemies.

Settlers and the Israeli army routinely attack and terrorise Palestinians in Hebron, according to human rights groups such as B’Tselem in Israel. In 1994, Hebron settler Baruch Goldstein massacred 29 unarmed Palestinians who were praying in a Hebron mosque. One of the honorees at the 2009 Hebron Fund dinner, Noam Arnon, called Goldstein “an extraordinary person” in 1995. In 1990 Arnon called three Jewish terrorists who were convicted of killing three Palestinians and maiming two Palestinian mayors “heroes”.

Though the Hebron Fund tells the IRS that its purpose is to “promote social and educational wellbeing”, in 2008 Baumol assured New York radio listeners: “There are real facts on the ground that are created by people helping the Hebron Fund and coming to our dinners.”

A 2007 appeal explained: “Dozens of new families can now come live in Hebron … waiting for you to be their partners in the redemption of Hebron.”

Baumol dedicated the 2009 fundraiser to protesting at “racist limitations, led by President Barack Obama on Jewish growth”.

Settlers frequently claim that preventing Jews from living anywhere they want in the Israeli-occupied West Bank is “racist”, regardless of the settlers’ severe infringement on the rights of longstanding Palestinian residents. Settlers justify their takeover of Hebron by invoking the massacre of 67 Jewish residents of Hebron by Palestinians in 1929. But rather than equality, Hebron’s settlers aim for superior rights enforced from the barrel of a gun.

Non-profit organisations like the Hebron Fund play a substantial role in fuelling the Middle East conflict, but largely fly under the radar in the US. They brazenly hold public fundraisers, and the media generally ignore them. Major US advocacy organisations that claim to oppose Israeli settlements typically fail to criticise them. In one rare mainstream media report, David Ignatius highlighted the US government’s self-defeating policy, writing that “critics of Israeli settlements question why American taxpayers are supporting indirectly, through the exempt contributions, a process that the government condemns”.

Until the public, advocacy groups, media and the US government scrutinise and rein in settlement non-profits like the Hebron Fund, policy statements about peace in the Middle East will do nothing to stop the daily violence and dispossession suffered by Palestinians.

Andrew Kadi is an IT professional and a member of the Middle East rights organisation, Adalah-NY: The Coalition for Justice in the Middle East. Aaron Levitt has volunteered as a human rights monitor in Hebron and is a member of Jews Against the Occupation-NYC

Peace must begin with the plight of Palestine’s refugees

Karen AbuZayd | guardian.co.uk

8 December 2009

Sixty years after the UN moved to address the fate of the dispossessed, we need to accept that the injustice endures

Sixty years ago today the United Nations general assembly voted into existence a temporary body known as UNRWA, the United Nations Relief and Works Agency. UNRWA’s task was to deal with the humanitarian consequences of the dispossession of some three-quarters of a million Palestine refugees forced by the 1948 Middle East war to abandon their homes and flee their ancestral lands. Just two decades later, the six-day war generated another spasm of violence and forced displacement, culminating in the occupation of Palestinian territory. Today, anguished exile remains the lot of Palestinians and Palestine refugees. The occupation of Palestinian land persists, there is no Palestinian state, and the human rights and fundamental freedoms to which Palestinians are entitled under international law do not exist.

The occupation, now over 40 years old, becomes more entrenched with every infringement of human rights and international law in the occupied Palestinian territory. Political actors hold in their hands the power to redress the travesties Palestinians endure. Yet the approach has been, at best, to equivocate over the minutiae of the occupation – a checkpoint here, a bag of cement there – or, at worst, to look the other way, to acquiesce in or even support the measures causing Palestinian suffering.

From my perspective as the head of the agency mandated to assist and protect Palestine refugees, it is particularly vexing that the prevailing approach fails – or refuses – to accord the refugee issue the attention it deserves. Over 60 years, dispossession has faded from the focus of peace efforts. The heart of where peace should begin is absent from the international agenda, pushed aside as one of the “final status” issues, one which belongs to a later stage of the negotiation process. As forced displacements continue across the West Bank, as Palestinians are evicted from their homes in East Jersualem, I ask a simple question: is it not time for those engaged in the peace process to muster the will and the courage to address the Palestine refugee question?

On this regrettable 60th anniversary of the agency which I shall leave in less than one month, I wish to refocus the debate on the displaced and dispossessed, to put the refugees at the centre of peacemaking efforts.

Make no mistake, not a single conflict of contemporary times has been resolved, no durable peace achieved, unless and until the voices of the victims of those conflicts were heard, their losses acknowledged and redress found to injustices they experience. The precedents of recent peacemaking efforts and the methodology of contemporary conflict resolution affirm that giving high priority to resolving dispossession and the plight of refugees is a necessity, an international obligation and a humanitarian imperative.

The Israeli-Palestinian confrontation is uniquely complex. Among its myriad dimensions, all of which require attention, the unresolved refugee issue is one of those most profoundly linked to the uncertainties of the regional situation and to the persistence of the conflict. Addressing it is, therefore, a sine qua non for making progress towards a negotiated solution.

Failing to engage with the refugee issue and consciously shunting it to one side has served only to disavow the refugees’ significance as a constituency with a prominent stake in delivering and sustaining peace. This has left many with a dangerous cynicism about the peace process, thus strengthening the hands of those who argue against peace itself.

I refuse, however, to conclude my time in office on a pessimistic note. Instead I urge that we take steps to engage the marginalised. Let us confound the cynics. Let us create alternative realities to disarm those who favour violence. I call on the peacemakers to acknowledge, in their rhetoric and their policies, the need to address Palestinian dispossession.

Let symbolism and rhetoric give way to substance. On the anniversary of UNRWA, I call on the international community and the parties to the conflict to acknowledge the 60-year-old injustice as a first step towards addressing the consequences of that injustice. Let us build facts in the mind to create facts of a just and durable peace on the ground.

Palestinian reflections on American political ideology

Haider Eid | Palestine Chronicle

3 December 2009

The Palestinians have ‘realized,’ thanks to Hilary Clinton, that the US is biased towards Israel. According to the American Secretary of State, negotiations between “the two parties” should resume without preconditions. The Americans have even praised Netanyahu’s “unprecedented concessions!” Gone is the sweet talk of the American president Barak Obama; gone is the euphoria following his “ground breaking” speech in Cairo university.

We are back to square one.

The question that begs for answers is why does America hate us Palestinians? Do the American people really believe that we have no rights even though those rights are enshrined in international law? Does President Obama truly believe that we are only a nuisance?

American hegemonic political philosophy judges a belief by its effects not its causes. The emphasis is on the connection between the truth of statements and their practical applicability by one measure only: how will they work for America? This is American pragmatism. That is, White, liberal American politicians (including President Obama!) are interested in the function of ideas and statements and their effects rather than the sources and conditions of their production.

‘Workability’ and ‘practicability’ are the basis of the justification of positions taken by the American establishment. However that does not take into account the circumstances under which these positions are ‘workable,’ neither historically nor socially. Whatever ‘we’, white liberal Americans, want is justifiable and thus legitimate since it is ‘workable’ and ‘practical’ regardless of the means through which it is achieved. Thus Apartheid, Nazism, Zionism, American occupation of Iraq and Afghanistan can be “easily” justified and sold to CNNized citizens.

Mr. Obama’s policy, and that of his Secretary of State, is a remodeling of the ideas of old American pragmatism re-theorized to suit the requirements and outlooks of the liberal middle-class politicians of the late-capitalist American society—albeit in a black mask this time.

Undoubtedly, this American pragmatism is grounded in a Eurocentric understanding of liberal democracy, which exploits the consideration that Western democracies themselves are full of people who can be persuaded to vote in ways quite opposed to their own real long-term interests, if they can be deceived by liberal rhetoric to opt for short-term goals. Put differently, people can easily be manipulated into ‘choosing freely’ what is clearly contrary to their own real interests. Otherwise, Hitler would never have established the Third Reich. The Israelis would not have voted Netanyahu and Lieberman into power. Thus bourgeois liberalism and neo-liberalism in their pragmatic forms homogenize and hegemonize the society with patchwork expedients while evading the more profound radical critique required for genuine social, and hence political, change.

Socio-historical analyses of such societies reveal that the rich are powerful, and have invented ways of legitimizing what they own, and how they legally hire and abuse the labor of the working class and poorer countries. They legitimize such unjust gains by means of laws protected by institutions, laws that ostensibly appeal to the common good, laws that persuade a big sector of the society to vote against their own interests. Bush was elected twice in spite of the war crimes and crimes against humanity committed by his administration in Afghanistan and Iraq. As some critical thinkers argue, votes in contemporary liberal society are not conferred on each person, as they are supposed to be, but on each dollar, which guarantees an undemocratic outcome. To take the matter further, voting in elections does not guarantee one’s freedom to choose one’s representative in terms of one’s interests. Rather, it is a fundamental part of a system whose rules have been determined by the powerful bourgeois class in its attempts to assimilate its antagonistic class, i.e. the working class. Colonized peoples were never guaranteed the ‘human right’ to choose freely their representatives under the ‘liberal’ colonial system. Many white South Africans participated ‘freely’ in choosing an oppressive racist regime legitimated by the participation of ‘Liberals’ in the parliament. The same applies to apartheid Israel.

An important question arises: how could each individual have such rights when all social primary goods — including income and wealth — are distributed unequally? Liberal bourgeois freedom based on ‘peace’, ‘wealth’, and ‘freedom’ — exploitation is never mentioned — is the answer America has for us, an answer that precludes historical awareness; or rather, an answer that requires historical and political amnesia. It is an answer that incorporates two ideologies: capitalism and liberal democracy.

Can we, however, ignore the historical fact that the basis of the contemporary liberal society was a bloody revolution, i.e. the French Revolution? What about the American revolutions itself? Is there real ‘free press’ and ‘enlightened public opinion’ to which we Palestinians can appeal to recognize the horror and suffering that have been inflicted on us? Put differently, did not US main-stream media mislead public opinion around issues like apartheid in South Africa, Nicaragua, Chile, the assassination of Lumumba and Allende, the support given to Mobutu and other reactionary regimes in Africa and the Middle East? And now the Palestinian cause?

‘Persuasion’, from a pragmatic point of view, then, plays a fundamental role in the creation of the liberal society. Technically, persuasion is the means through which one gets to ‘pluralism’ in which there is no exclusion of ideas whatsoever. However, from this perspective, any opposing or radical points of view should work from within the bourgeois liberal system as the only existing ‘legitimate’ one. Rejecting the system and its ideological basis by revealing and opposing its exploitative features leads to ‘illegitimacy’ and exclusion. If one, in other words, is not ‘persuaded’ by the logic of the American intervention in the Arab World and Afghanistan, one still has to accept it; otherwise, one is considered ‘undemocratic’ even if hundreds of thousands of civilians are being killed by such intervention.

Liberal ‘persuasion’, then, is nothing but a ‘distorted communication’—as Jurgen Habermas would call it— and implies the acceptance of the views of those who have the power to hegemonize and ‘persuade’ in the realm of knowledge/power. This argument is not a rejection of democracy as such, but rather a rejection of the exploitative basis of liberalism and pragmatism which insist on reducing any other radical opinion to ‘one of us’ within the realm of ‘pluralism.’

What is always pushed to the back of any serious argument with main-stream American ideologues is that the foundation of contemporary liberal capitalist societies has literally been achieved through the exploitation of millions of workers, the deaths of millions of indigenous peoples, and the brutal murder of some other millions in two world wars. So why insist on the right of return of 6 million Palestinian refugees? Why lament the death of more than 1500 civilians, including 434 children, during the Gaza massacre? Obama never offered a single word of sympathy for those children.

By contrasting what he calls ‘situational consciousness’ of ‘First and Third Worlds’ in terms of Hegel’s master/slave dialectic, the American intellectual Fredric Jameson argues that “the slave knows what reality and the resistance of matter really are whereas [the] master is condemned to idealism.” Drawing on this Hegelian analysis, Jameson concludes:

“It strikes me that we Americans, we masters of the world, are in something of that very same position. The view from the top is epistemologically crippling, and reduces its subjects to the illusions of a host of fragmented subjectivities, to the poverty of the individual experience of isolated nomads … This placeless individuality, this structural idealism which affords us the luxury of the Sartrean blink, offers a welcome escape from the ‘nightmare of history,’ but at the same time it condemns our culture to psychologism and the ‘projections’ of private subjectivity. All of this is denied to third world culture, which must be situational and materialist ….”

This is exactly what American policy is all about – a policy of domination and interests. That is, it is a reflection of an ideology of a particular class with particular interests represented in specific perspectives, i.e. White, neo-liberal pragmatism.

American “strong political discourse,” to use Bourdieu’s words, coincides with neo-liberalism. Their strength is due to the fact that they have on their side all of the forces of a world of relations of power, a world that they contribute to making what it is. The Palestinians, like native Americans, are a “surplus population,” like Black South Africans, “powerless and useless savages”. Give them a Bantustan, surrounded by walls (The Wall), where “our allies (us)” do not have to see them; a Bantustan they will be allowed to call an independent, viable state. After all, which American citizen knows the difference between Palestine and Pakistan!

No need, then, to wonder why Mr. Obama, and his Secretary of State, hate us. We are no match for the macho, powerful, White Ashkenazis. During the 1967 war, Edward Said noted that Americans kept asking “how are we doing?” We, Arabs and Palestinians, are not part of that WE. We are the “THEM;” the “Other.” We occupy a part of what Fredric Jameson would call American “political unconscious.” Our death is never counted; the death of half a million Iraqi children from sanctions, like the death of 434 Palestinian children during the Gaza massacre, is “collateral damage,” whereas the 9/11 victims are individuals with families, names, and “powerful narratives.”

Dr. Haidar Eid is an independent political commentator based in Gaza. He contributed this article to PalestineChronicle.com.

Israel: End arbitrary detention of rights activist

Human Rights Watch

4 December 2009

The Israeli military appeals court should end the administrative detention of Mohammed Othman, a West Bank rights activist, and order his release, Human Rights Watch said today.

Israeli authorities have detained Othman without charge for more than two months on what appear to be politically motivated grounds. On the basis of secret evidence that Othman and his lawyers were not allowed to see, a military court confirmed a military order that consigned Othman to three months administrative detention without charging him with any crime. Othman has no criminal record and, to the knowledge of Human Rights Watch, has never advocated or participated in violence. His detention period, which may be renewed, ends on December 22.

“The only reasonable conclusion is that Othman is being punished for his peaceful advocacy,” said Sarah Leah Whitson, Middle East director at Human Rights Watch. “The authorities interrogated him for months, then ordered him held some more, but they won’t say why they are holding him and haven’t accused him of any crime.”

Israeli authorities detained Othman, an activist with the “Stop the Wall” campaign, a nonviolent protest movement, on September 22, 2009, as he returned to the West Bank from a trip to Norway, where he spoke about the separation barrier that Israel has constructed in the occupied territory. The barrier was ostensibly built to protect against suicide bombers, but it is not being built along the 1967 border. Instead, 87 percent of the barrier’s route lies inside the West Bank, unlawfully separating residents from their lands, restricting their movement, and effectively annexing occupied lands to unlawful Israeli settlements.

On November 23, after Othman had been detained for 61 days “for the purpose of interrogation,” Colonel Ron Weisel, an Israeli military commander of the West Bank, ordered him held for three months of administrative detention on the grounds that he was a threat to the “security of the area.” The military court of administrative detainees, located in the Israeli military base of Ofer, near Ramallah in the West Bank, upheld the order on November 25 and counted the time that Othman had already been detained toward his detention.

Othman’s administrative detention order came one day after a military court ordered his release. Othman was originally detained under Israeli military orders authorizing “interrogative detention.” According to his lawyers at Addameer, a Palestinian prisoners’ rights organization, on November 22 the Military Court of Appeals ordered Othman’s release on bail on the grounds that no progress had been made in his interrogation, no other evidence against him had been produced, and no charges had been laid against him. However, the court also remanded Othman to detention for 24 hours and allowed the military prosecutor to issue an administrative detention order during that time. Weisel issued Othman’s administrative detention the next day.

Israeli authorities have violated Othman’s rights in detention. Mahmoud Hassan, a lawyer at Addameer who represents Othman, told Human Rights Watch that on November 2 Israeli authorities transferred Othman from the West Bank to a prison in Be’er Sheva, Israel, without informing his family or his lawyers, and barred his lawyers from seeing him for 15 days. “We learned about it only two days later from staff at the Ofer jail, where we tried to visit him,” Hassan said. Othman was not allowed to attend two subsequent hearings on his case, Hassan said, during which time Othman was threatened with administrative detention. Israeli military orders authorize barring outside access to detainees “for the purposes of the interrogation.”

International standards governing the treatment of all persons detained require prompt notification of a detainee’s family, both after the person is detained and after a transfer to another place of detention. In addition, all detainees have the right to be visited by legal counsel, and any restriction on that right can only be in “exceptional circumstances, set out in law.”

The administrative detention order saying that Othman “is a risk to the security of the area,” cites military order 1591 from 2007. Under that order, the military commander of the West Bank may detain an individual for up to six months and renew the detention indefinitely. A military judge must review the commander’s detention order, but the judge does so in a closed hearing, without witnesses, based on secret information that the detainee and his attorney cannot see. The defendant may appeal the military judge’s decision to the military court of appeal for administrative detainees, which is also located in the Ofer military base.

According to Jamal Juma’a, a coordinator for the “Stop the Wall” campaign, an Israeli soldier had detained Othman at a checkpoint during the summer and threatened him because of his advocacy against the wall. Juma’a said that before joining the “Stop the Wall” campaign, Othman worked with the Ecumenical Accompaniment Program in Palestine and Israel (EAPPI), a World Council of Churches program to accompany Palestinian non-violent activists.

As of November 9, Israel held more than 322 Palestinians in administrative detention, 132 of them for more than a year, according to the Israeli human rights organization B’Tselem. According to the most recent available official statistics on the cases that actually go to trial in Israeli military courts, obtained by Yesh Din, another Israeli human rights organization, in 2006 Israeli military courts found defendants not guilty in only 23 (or 0.29 percent) of 9,123 trials.

Although international human rights law permits some limited use of administrative detention in emergency situations, the authorities are required to follow basic rules for detention, including a fair hearing at which the detainee can challenge the reasons for his or her detention. As the occupying power in the West Bank, Israel is also bound by the rules governing occupation, which require it to use administrative detention only for imperative reasons of security.