Sterke 9/11-vibes na de aanval van Hamas op Israël. In navolging van EU-voorzitter Ursula von der Leyen verklaarden zowel Mark Rutte als Jesse Klaver dat Israël het recht heeft zich tegen deze terreur te verdedigen. We weten inmiddels hoe Israël zich verdedigt: door zoveel mogelijk Palestijnen aan gort te bombarderen.
Daar moeten wij het verplicht mee eens zijn in dit vrije deel van de wereld. Wierd Duk laat weten dat Afshin Ellian en VVD-Kamerlid Ruben Brekelmans op de staatstelevisie hebben verklaard dat je nú laat zien dat je solidair bent. Wie daar bezwaren tegen heeft, wordt door De Telegraaf als een misdadiger geschandpaald, te boek gesteld als antisemiet en als staatsgevaar. Duk hangt al drie dagen de Opiniepolizei uit, en hij niet alleen. Iedereen die erop wijst dat de Palestijnen de afgelopen decennia ook wat voor hun kiezen hebben gehad, wordt verrot gescholden, voor antisemiet uitgemaakt en bedreigd. Fanatiek sturen de Vrienden van Israël gruwelfilmpjes rond van verminkte lijken, de slachtoffers van Hamas.
Gruweldaden
En het zijn gruweldaden, die Hamas pleegt. De website Electronic Intifada spreekt van een “rechtvaardige bevrijdingsoorlog”, maar in een rechtvaardige bevrijdingsoorlog sleep je niet de naakte lijken van je slachtoffers door de straat, schiet je niet honderden jonge bezoekers van een muziekfestival dood en trek je niet moordend door woonwijken.
Extreemlinkse toetsenbordridders, geretweet door BIJ1-aanhangers, oordelen als kille schrijftafelmoordenaars dat er “geen onschuldige zionisten zijn” en dat “zionisten die blijven als ze de keuze hebben te vertrekken, ophouden burgers te zijn.”
“You don’t get freedom peacefully”, citeert iemand Malcolm X, maar er is verschil tussen “not peacefully” en de barbarij die Hamas tentoonspreidt. Ik ben geen Sun Tzu maar ik zou, als ik Hamas was, uiterst gedisciplineerd zijn geweest, alleen krijgsgevangenen hebben genomen en alle burgers met het uiterste respect hebben behandeld.
Maar het gaat er natuurlijk om Israël zo razend mogelijk te maken zodat het terugslaat met een wrede genadeloosheid die mensen kotsend het theater zal doen verlaten. Dat begrijp ik heus wel.
Israëlische doden
Dit afschuwelijke geweld komt niet uit het niets, al willen de Vrienden van Israël dit ons graag doen geloven. Ruben Brekelmans, bijvoorbeeld, deelt op Twitter een staafdiagram met alleen het aantal Israëlische doden van de afgelopen 15 jaar als gevolg van het “conflict met de Palestijnen.” Fact-checker Marieke Kuypers laat in zo’n zelfde diagram zien dat het aantal Israëlische doden in het niet valt bij het aantal Palestijnse doden.
En hoe Israël het voor elkaar krijgt zo onnoemelijk veel Palestijnse slachtoffers te maken, krijgen we bijna dagelijks in filmpjes te zien waarin we soldaten kinderen zien doodschieten alsof het kalkoenen zijn, Gaza bombarderen waar de bewoners niet uit wegkunnen en waarin kolonisten Palestijnen vernederen die ze net uit hun huis hebben weggejaagd, als ze ze niet gewoon doodschieten.
“Collateral damage” zei een Vriend van Israël tegen mij. Dode Israëlische burgers zijn slachtoffers van terreur, dode Palestijnen zijn “collateral damage”.
Palestijnen zijn ongedierte
Esther Voet zei, toen op het strand van Gaza een groepje voetballende Palestijnse kinderen vanuit een gevechtsvliegtuig aan stukken werd gereten: “Het is wel oorlog, hè!”
Palestijnse levens betekenen hier in Nederland gewoon niks. Palestijnen zijn vuil, uitschot, het is ongedierte, anders praat je niet zo makkelijk over dode kinderen. Zo achteloos, zo zonder enig gevoel.
En dan ben je geschokt dat Hamas net zo achteloos met Israëlische burgers omspringt, en dan ben je kwaad dat Nederlanders hier wijzen op de context van dat geweld.
Feestvieren om slachtparijen
Ik zag filmpjes van mensen die feestvierden vanwege de aanval van Hamas. Ik vind mensen, die juichen om dodelijke slachtoffers, nare mensen. Maar de Vrienden van Israël zijn nogal hypocriet als ze beweren dat zij nooit juichen als er Palestijnen worden gedood. Ze staan op film, de Israëlische jongeren die een soort feestje maakten van het kijken naar de Israëlische beschietingen van Gaza, applaudisserend bij elke inslag. In straatinterviews zeggen Israëliërs dat alle Arabieren moeten worden uitgegroeid, dat hun land en hun huizen eerlijk zijn veroverd in oorlogen.
En hier in Nederland viert GeenStijl feest bij dode Palestijnen, en Laurence Blik en haar vrienden, onder wie zich heel wat prominente Vrienden van Israël bevinden.
Doe niet net of je beter bent dan Hamas. Je bent net zo bloeddorstig, net zo barbaars, net zo wreed en genadeloos.
Gekoloniseerde volken
Waar Nederland nog aan moet wennen, merk ik, is dat de tijd voorbij is dat iedereen braaf ja knikte als er werd gepreekt dat lam Israël was omsingeld door bloeddorstige Arabische leeuwen die het land wilden vernietigen alléén omdat er Joden woonden. Meer pluriformiteit in het medialandschap, want Al Jazeera en sociale media, en een andere samenstelling van de bevolking dan in 1973, maken dat het “conflict” vanuit meerdere perspectieven bekeken wordt. Nazaten van gekoloniseerde volkeren en telgen van nog steeds gekoloniseerde volken zien alles in een andere context.
En je kunt boos worden en schelden en dreigen wat je wilt, met je “Hamas-vriendje” en je “antisemiet” en wat dan ook, die context hoort erbij. Je bent niet meer gezaghebbend, je bepaalt niet meer wat andere mensen denken. Je bent niet meer de baas.
EINDE
Reacties uitgeschakeld voor [Artikel Frontaal Naakt]/Hamas-vriendje
The following questions and answers (Q&A) address issues relating to international humanitarian law (the laws of war) governing current hostilities between Israel and Hamas, and other Palestinian armed groups in Gaza. The purpose is to facilitate analysis of the conduct of all parties involved in the conflict with the aim of deterring violations of the laws of war and encouraging accountability for abuses.
This Q&A focuses on international humanitarian law governing the conduct of hostilities. It does not address whether Palestinian armed groups or Israel were or are justified in their attacks or other matters concerning the legitimacy of resorting to armed force, such as under the United Nations Charter. In accordance with our institutional mandate, Human Rights Watch does not take positions on issues of jus ad bellum (law concerning acceptable justifications to use armed force); our primary goal is documenting violations of the laws of war, and encouraging all parties in armed conflict to respect the laws of war, or jus in bello.
International humanitarian law recognizes the Israeli occupation of the West Bank and Gaza as an ongoing armed conflict. Current hostilities and military attacks between Israel and Hamas and other Palestinian armed groups are governed by the conduct of hostilities standards rooted in international humanitarian law, consisting of international treaty law, most notably Common Article 3 to the Geneva Conventions of 1949 and customary international humanitarian law applicable in so-called non-international armed conflicts, which are reflected in the Additional Protocols of 1977 to the Geneva Conventions. These rules concern the methods and means of combat and fundamental protections for civilians and combatants no longer participating in hostilities for both states and non-state armed groups.
Foremost among the rules of international humanitarian law is the rule that parties to a conflict must distinguish at all times between combatants and civilians. Civilians may never be the target of attack. Warring parties are required to take all feasible precautions to minimize harm to civilians and civilian objects, such as homes, shops, schools, and medical facilities. Attacks may target only combatants and military objectives. Attacks that target civilians or fail to discriminate between combatants and civilians, or that would cause disproportionate harm to the civilian population compared to the anticipated military gain, are prohibited.
Additionally, Common Article 3 provides a number of fundamental protections for civilians and persons who are no longer taking part in hostilities, such as captured combatants, and those who have surrendered or become incapacitated. It prohibits violence against such persons – particularly murder, cruel treatment, and torture – as well as outrages against their personal dignity and degrading or humiliating treatment, and the taking of hostages.
The laws of war make no formal distinction between parties to a conflict on the basis of power imbalances or other criteria. The fundamental principles of international humanitarian law still apply. Violating them by deliberately targeting civilians or carrying out indiscriminate attacks can never be justified by pointing to the injustice of the political situation or other political or moral arguments. To permit the targeting of civilians in circumstances in which there is a disparity of power between opposing forces, as is the case in many conflicts, would create an exception that would virtually negate the rules of war.
The laws of war recognize that some civilian casualties may be inevitable during armed conflict, but impose a duty on warring parties at all times to distinguish between combatants and civilians, and to target only combatants and other military objectives. The fundamental tenets of international humanitarian law are “civilian immunity” and the principle of “distinction.”
Combatants include members of a country’s armed forces and commanders and full-time fighters in non-state armed groups. They are subject to attack at all times during hostilities unless they are captured or incapacitated.
Civilians lose their immunity from attack when and only for such time as they are directly participating in hostilities. According to guidance by the International Committee of the Red Cross (ICRC), the laws of war distinguish between members of the organized fighting forces of a non-state party, who may be targeted during an armed conflict, and part-time fighters, who are civilians who may only be targeted when and only for such time as they are directly participating in hostilities. Similarly, reservists of national armed forces are considered civilians except when they go on duty, in which case they are combatants subject to attack. Fighters who leave the armed group, as well as regular army reservists who reintegrate into civilian life, are civilians until they are called back to active duty.
For an individual’s act to constitute direct participation in hostilities, it must imminently be capable of causing harm to opposing forces and must be deliberately carried out to support a party to the armed conflict. Direct participation in hostilities includes measures taken in preparation for executing the act, as well as deployment to and return from the location where the act is carried out.
ICRC guidance also sets out that people who have exclusively non-combat functions in armed groups, including political or administrative roles, or are merely members of or affiliated with political entities that have an armed component, such as Hamas, Islamic Jihad, or the Popular Front for the Liberation of Palestine, may not be targeted at any time unless and only for such time as they, like any other civilian, directly participate in the hostilities. That is, membership or affiliation with a Palestinian movement with an armed wing is not a sufficient basis for determining an individual to be a lawful military target.
The laws of war also protect civilian objects, which are defined as anything not considered a legitimate military objective. Prohibited are direct attacks against civilian objects, such as homes and apartments, places of worship, hospitals and other medical facilities, schools, and cultural monuments. Civilian objects become subject to legitimate attack when they become military objectives; that is, when they are making an effective contribution to military action and their destruction, capture, or neutralization offers a definite military advantage, subject to the rules of proportionality. This would include the presence of members of armed groups or military forces in what are normally civilian objects. Where there is doubt about the nature of an object, it must be presumed to be civilian.
The laws of war prohibit indiscriminate attacks. Indiscriminate attacks strike military objectives and civilians or civilian objects without distinction. Examples of indiscriminate attacks are those that are not directed at a specific military objective or that use weapons that cannot be directed at a specific military objective. Prohibited indiscriminate attacks include area bombardment, which are attacks by artillery or other means that treat as a single military objective a number of clearly separated and distinct military objectives located in an area containing a concentration of civilians and civilian objects.
An attack on an otherwise legitimate military target is prohibited if it would violate the principle of proportionality. Disproportionate attacks are those that may be expected to cause incidental loss of civilian life or damage to civilian objects that would be excessive in relation to the concrete and direct military advantage anticipated from the attack.
Hostage-taking is prohibited in non-international armed conflicts under Article 1(b) of Common Article 3 of the Geneva Conventions and customary international humanitarian law. The ICRC Commentary on Common Article 3 defines hostage-taking as “the seizure, detention or otherwise holding of a person (the hostage) accompanied by the threat to kill, injure or continue to detain that person in order to compel a third party to do or to abstain from doing any act as an explicit or implicit condition for the release, safety or well-being of the hostage.” Hostages can include civilians and people taking no active part in hostilities, such as members of armed forces who have surrendered or who have been detained. Hostage-taking is a war crime, including under the Rome Statute of the International Criminal Court. People taken as hostages, like all held in custody, must be treated humanely, and cannot be used as human shields.
The ICRC Commentary also notes that hostages are often people, such as civilians posing no security threat, who are taken into custody and detained unlawfully. However, unlawful detention is not necessary for there to be a hostage-taking. An individual whose detention may be lawful, such as a captured soldier, could still be used as a hostage.
A threat to continue detaining someone legally held would not amount to a hostage-taking. For instance, it is not unlawful as part of a negotiation over a prisoner exchange to continue to detain someone, such as a captured combatant, whose release is not legally required. It would, however, be unlawful to make such a threat against a detained civilian unlawfully held.
Hostage-taking is prohibited regardless of the conduct that the hostage-taker aims to impose. So it is still unlawful even when seeking to compel the opposing force to cease an unlawful conduct.
International humanitarian law does not prohibit fighting in urban areas, although the presence of many civilians places greater obligations on warring parties to take steps to minimize harm to civilians. Gaza is one of the most densely populated areas in the world.
The laws of war require that the parties to a conflict take constant care during military operations to spare the civilian population, and to “take all feasible precautions” to avoid or minimize the incidental loss of civilian life and damage to civilian objects. These precautions include doing everything feasible to verify that the objects of attack are military objectives and not civilians or civilian objects, giving “effective advance warning” of attacks when circumstances permit, and refraining from an attack if the rule of proportionality will be violated. In populated areas with buildings or other structures, both above and underground, parties should take into account the difficulty of identifying civilians who may be obscured from view even from advanced surveillance technology.
Forces deployed in populated areas must, to the extent feasible, avoid locating military objectives – including fighters, ammunition, weapons, equipment, and military infrastructure – in or near densely populated areas, and endeavor to remove civilians from the vicinity of military objectives. Belligerents are prohibited from using civilians to shield military objectives or operations from attack. “Shielding” refers to purposefully using the presence of civilians to render military forces or areas immune from attack.
At the same time, the attacking party is not relieved from its obligation to take into account the risk to civilians, including the duty to avoid causing disproportionate harm to civilians, simply because it considers the defending party responsible for having located legitimate military targets within or near populated areas. That is, the presence of a Hamas commander or rocket launcher, or other military facility in a populated area would not justify attacking the area without regard to the threatened civilian population, including the duty to distinguish combatants from civilians and the rule of proportionality.
The use of explosive weapons with wide-area effects in populated areas is one of the gravest threats to civilians in contemporary armed conflict. In addition to causing civilian casualties directly, explosive weapons with wide-area effects have frequently damaged or destroyed civilian infrastructure, such as bridges, water pipes, power stations, hospitals, and schools, causing long-term harm to civilians, including the disruption of basic services. These weapons have a wide-area effect if they have a large destructive radius, are inherently inaccurate, or deliver multiple munitions at the same time. Their use in populated areas forces people to flee their homes, exacerbating humanitarian needs.
Weapons that have a large destructive radius include those that detonate a large amount of explosive material and those that propel fragments over a large area, or both. Munitions with large amounts of explosive material can produce fragmentation that spreads unpredictably over a wide area, and a powerful blast wave that can cause severe physical injuries to the human body and physical structures, cause blunt force trauma and physical damage from flying debris, and cause or exacerbate other injuries or existing illnesses. Munitions that have preformed fragmentation warheads are designed to spread scores of fragments over an area, making it difficult or impossible to limit the effects of the weapon.
The use of explosive weapons with wide-area effects in the densely populated Gaza Strip, where 2.2 million Palestinians live in a strip of territory that is 41 kilometers (25 miles) long and between 6 and 12 kilometers (3.7 and 7.5 miles) wide, and the targeting at times of critical infrastructure, could be expected to cause serious harm to civilians and civilian objects. In addition, rockets launched from Gaza that are fundamentally inaccurate or designed to saturate a large area and are likely to strike civilians and civilian objects inside Israel, also cause foreseeable harm to civilians and civilian objects.
The laws of war require, unless circumstances do not permit, that warring parties give “effective advance warning” of attacks that may affect the civilian population. What constitutes an “effective” warning will depend on the circumstances. Such an assessment would take into account the timing of the warning and the ability of civilians to leave the area. A warning that does not give civilians adequate time to leave for a safer area would not be considered “effective.”
Civilians who do not evacuate following warnings are still fully protected by international humanitarian law. Otherwise, warring parties could use warnings to cause forced displacement, threatening civilians with deliberate harm if they did not heed them. Moreover, some civilians are unable to heed a warning to evacuate, for reasons of health, disability, fear, or lack of anyplace else to go. So, even after warnings have been given, attacking forces must still take all feasible precautions to avoid loss of civilian life and property. This includes canceling an attack when it becomes apparent that the target is civilian, or that the civilian loss would be disproportionate to the expected military gain.
The laws of war also prohibit “acts or threats of violence the primary purpose of which is to spread terror among the civilian population.” Statements that called for the evacuation of areas that are not genuine warnings, but are primarily intended to cause panic among residents or compel them to leave their homes for reasons other than their safety, would fall under this prohibition. This prohibition does not attempt to address the effects of lawful attacks, which ordinarily cause fear, but rather those threats or attacks on civilians that have this specific purpose.
Healthcare facilities are civilian objects that have special protections under the laws of war against attacks and other acts of violence including bombing, shelling, looting, forced entry, shooting into, encircling, or other forceful interference such as intentionally depriving facilities of electricity and water.
Healthcare facilities include hospitals, laboratories, clinics, first aid posts, blood transfusion centers, and the medical and pharmaceutical stores of these facilities, whether military or civilian. While other presumptively civilian structures become military objectives if they are being used for a military purpose, hospitals lose their protection from attack only if they are being used, outside their humanitarian function, to commit “acts harmful to the enemy.” Several types of acts do not constitute “acts harmful to the enemy,” such as the presence of armed guards, or when small arms from the wounded are found in the hospital. Even if military forces misuse a hospital to store weapons or shelter able-bodied combatants, the attacking force must issue a warning to cease this misuse, setting a reasonable time limit for it to end, and attacking only after such a warning has gone unheeded.
Under the laws of war, doctors, nurses, and other medical personnel must be permitted to do their work and be protected in all circumstances. They lose their protection only if they commit, outside their humanitarian function, “acts harmful to the enemy.”
Likewise, ambulances and other medical transportation must be allowed to function and be protected in all circumstances. They could lose their protection only if they are being used to commit “acts harmful to the enemy,” such as transporting ammunition or healthy fighters in service. As stated above, the attacking force must issue a warning to cease this misuse, and can only attack after such a warning goes unheeded.
Mosques and churches – like all houses of worship – and schools are presumptively civilian objects that may not be attacked unless they are being used for military purposes, such as a military headquarters or a location for storing weapons and ammunition.
The principle of proportionality also applies to these objects.
All sides were obligated to take special care in military operations to avoid damage to schools, houses of worship, and other cultural property.
As parties to the armed conflict, the armed wings of Hamas, Islamic Jihad, and other Palestinian armed groups are obligated to abide by international humanitarian law. The targeting of military installations and other military objectives is permitted under the laws of war, but only if all feasible precautions to avoid civilian harm are taken. The laws prohibit Palestinian armed groups from targeting civilians or launching indiscriminate attacks or attacks that would cause disproportionate harm to civilians compared to the expected military advantage. Commanders of Palestinian armed groups are also obligated to choose such means of attack that they could direct at military targets and minimize incidental harm to civilians. If the weapons used were so inaccurate that they could not be directed at military targets without imposing a substantial risk of civilian harm, then the group should not have deployed them.
Human Rights Watch has found in prior hostilities that rockets launched by Palestinian armed groups – including locally made short and upgraded long-range rockets, “Grad” rockets, and rockets imported from other sources – are so inaccurate as to be incapable of being aimed in a manner to discriminate between military targets and civilian objects when they were launched toward populated areas. This inaccuracy and inability to target military objectives are exacerbated at the longer ranges that some rockets were fired into Israel.
The use of such rockets against civilian areas violates the prohibition on deliberate and indiscriminate attacks. Likewise, a party that launches rockets from densely populated areas, or co-locates military objectives in or near civilian areas – thus making civilians vulnerable to counterattacks – may be failing to take all feasible precautions to protect civilians under its control against the effects of attacks.
International humanitarian law allows the targeting of military commanders in the course of armed conflict, provided that such attacks otherwise comply with the laws that protect civilians, including being proportionate. Political leaders not taking part in military operations, as civilians, would not be legitimate targets of attack.
Palestinian armed groups’ leaders who are commanding belligerent forces are legitimate targets. However, because Hamas engages in civil governance beyond its military component, merely being a Hamas leader in and of itself does not make an individual lawfully subject to military attack.
Combatants do not have immunity from attacks in their homes and workplaces. However, as with any attack on an otherwise legitimate military target, the attacking force must refrain from attack if it would disproportionately harm the civilian population – including civilian family members of combatants – or be launched in a way that fails to discriminate between combatants and civilians. Under this duty to take all feasible precautions to avoid civilian harm, the attacking force should also consider whether there may be alternative sites where the combatant can be targeted without endangering civilians.
Attacking the home of a combatant who was not physically present at the time of the attack would be an unlawful attack on a civilian object. If such an unlawful attack were carried out intentionally, then it would constitute a war crime. A civilian home does not lose its protected status as a civilian object merely because it is the home of a militant who is not present there. Insofar as the attack is designed to harm the combatants’ families, it would also be a prohibited form of collective punishment.
Personnel or equipment being used in military operations are subject to attack, but whether that justifies destroying an entire large building where they might be present depends on the attack not inflicting disproportionate harm on civilians or civilian property.
The laws of war prohibit the punishment of any person for an offense other than one that they have personally committed. Collective punishment is a term used in international law to describe any form of punitive sanctions and harassment, not limited to judicial penalties, but including sanctions of “any sort, administrative, by police action or otherwise,” that are imposed on targeted groups of persons for actions that they themselves did not personally commit. The imposition of collective punishment – such as, in violation of the laws of war, the demolition of homes of families of fighters, or other civilian objects such as multi-story buildings as a form of punishment – is a war crime. Whether an attack or measure could amount to collective punishment depends on several factors, including the target of the measure and its punitive impact, but of particular relevance is the intent behind a particular measure. If the intention was to punish, purely or primarily as a result of an act committed by third parties, then the attack is likely to have been collective punishment.
Journalists and their equipment benefit from the general protection enjoyed by civilians and civilian objects and may not be targets of an attack unless they are taking direct part in hostilities. Journalists may be subject to legitimate limitations on rights, such as freedom of expression or freedom of movement, imposed in accordance with the law and only to the extent strictly required by the exigencies of the situation. But they may not be arrested, detained, or subjected to other forms of punishment or retaliation simply for doing their work as journalists.
Radio and television facilities are civilian objects and as such enjoy general protection. Military attacks on broadcast facilities used for military communications are legitimate under the laws of war, but such attacks on civilian television or radio stations are otherwise prohibited because they are protected civilian structures and not legitimate military targets. Moreover, if the attack is designed primarily to undermine civilian morale or to psychologically harass the civilian population, that is also a prohibited war purpose. Civilian television and radio stations are legitimate targets only if they meet the criteria for a legitimate military objective; that is, if they are used in a way that makes an “effective contribution to military action,” and their destruction in the circumstances ruling at the time offers “a definite military advantage.” Specifically, Hamas-operated civilian broadcast facilities could become military targets if, for example, they were used to send military orders or otherwise concretely to advance Hamas’s armed campaign against Israel. However, civilian broadcasting facilities are not rendered legitimate military targets simply because they are pro-Hamas or anti-Israel, or report on the laws of war violations by one side or the other. Just as it is unlawful to attack the civilian population to lower its morale, it is unlawful to attack news outfits that merely shape civilian opinion by their reporting or create diplomatic pressure; neither directly contributes to military operations.
Should stations become legitimate military objectives because of their use to transmit military communications, the principle of proportionality in attack must still be respected. This means that Israeli forces should verify at all times that the risks to the civilian population in undertaking any such attack do not outweigh the anticipated definite military advantage. They should take special precautions in relation to buildings located in urban areas, including giving advance warning of an attack whenever possible.
Under international humanitarian law, parties to a conflict must allow and facilitate the rapid and unimpeded passage of impartially distributed humanitarian aid to the population in need. The belligerent parties must consent to allow relief operations to take place and may not refuse such consent on arbitrary grounds. They can take steps to ensure that consignments do not include weapons or other military materiel. However, deliberately impeding relief supplies is prohibited.
In addition, international humanitarian law requires that belligerent parties ensure the freedom of movement of humanitarian relief personnel essential to the exercise of their functions. This movement can be restricted only temporarily for reasons of imperative military necessity.
International human rights law is applicable at all times, including during armed conflict situations in which the laws of war apply, as well as during times of peace. Israel and Palestine are party to core international human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. These treaties outline guarantees for fundamental rights, many of which correspond to the protections to which civilians are entitled under international humanitarian law (such as the prohibition of torture, inhuman and degrading treatment, nondiscrimination, right to a fair trial).
While the ICCPR permits some restrictions on certain rights during an officially proclaimed public emergency that “threatens the life of the nation,” any derogation of rights during a public emergency must be of an exceptional and temporary nature, and must be “limited to the extent strictly required by the exigencies of the situation,” and should not involve discrimination on grounds of race, religion, and other grounds. Certain fundamental rights – such as the right to life and the right to be secure from torture and other ill-treatment, the prohibition on unacknowledged detention, the duty to ensure judicial review of the lawfulness of detention, and the right to a fair trial – must always be respected, even during a public emergency.
Serious violations of the laws of war that are committed with criminal intent are war crimes. War crimes, listed in the “grave breaches” provisions of the Geneva Conventions and as customary law in the International Criminal Court statute and other sources, include a wide array of offenses, including deliberate, indiscriminate, and disproportionate attacks harming civilians, hostage-taking, using human shields, and imposing collective punishments, among others. Individuals also may be held criminally liable for attempting to commit a war crime, as well as assisting in, facilitating, aiding, or abetting a war crime.
Responsibility also may fall on persons planning or instigating the commission of a war crime. In addition, commanders and civilian leaders may be prosecuted for war crimes as a matter of command responsibility when they knew or should have known about the commission of war crimes and took insufficient measures to prevent them or punish those responsible.
States have an obligation to investigate and fairly prosecute individuals within their territory implicated in war crimes.
Alleged war crimes committed during the fighting between Israel and Palestinian armed groups could be investigated by the International Criminal Court (ICC) prosecutor. On March 3, 2021, the ICC prosecutor opened an investigation into alleged serious crimes committed in Palestine since June 13, 2014. The ICC treaty officially went into effect for Palestine on April 1, 2015. The court’s judges have said this gives it jurisdiction over the territory occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem. The ICC has jurisdiction over war crimes, crimes against humanity, and genocide, committed in this territory, regardless of the nationality of the alleged perpetrators.
Israel signed but has not ratified the ICC treaty, and in 2002 announced that it did not intend to become a member of the court.
Since 2016, Human Rights Watch has called on the ICC prosecutor to pursue a formal Palestine investigation given strong evidence that serious crimes have been committed there and the pervasive climate of impunity for those crimes. The recent hostilities between Hamas and Israel highlight the importance of the court’s investigation and the urgent need for justice to address serious crimes committed in Palestine. Human Rights Watch has also called on the ICC prosecutor to investigate Israeli authorities implicated in the crimes against humanity of apartheid and persecution against Palestinians.
Certain categories of grave crimes in violation of international law, such as war crimes and torture, are subject to “universal jurisdiction,” which refers to the ability of a country’s domestic judicial system to investigate and prosecute certain crimes, even if they were not committed on its territory, by one of its nationals, or against one of its nationals. Certain treaties, such as the 1949 Geneva Conventions and the Convention against Torture, obligate states to extradite or prosecute suspected offenders who are within that country’s territory or otherwise under its jurisdiction. Under customary international law, it is also generally agreed that countries are allowed to try those responsible for other crimes, such as genocide or crimes against humanity, wherever these crimes took place.
National judicial officials should investigate and prosecute those credibly implicated in serious crimes, under the principle of universal jurisdiction and in accordance with national laws.
In May 2021, the United Nations Human Rights Council established an ongoing Commission of Inquiry to address violations and abuses in the Occupied Palestinian Territory and in Israel, to monitor, document, and report on violations and abuses of international law, advance accountability for perpetrators and justice for victims, and address the root causes and systematic oppression that help fuel continued violence.
Reacties uitgeschakeld voor Human Rights Watch: Questions and answers: October 2023 hostilities between Israel and Armed Palestinian Groups
It is very difficult and arduous to create and sustain a democracy — but history shows that closing one down is much simpler. You simply have to be willing to take the 10 steps.
Bestselling author, ‘The End of America: Letter of Warning to a Young Patriot’
Apr 24, 2007, 01:07 PM EDT|Updated May 25, 2011
Last autumn, there was a military coup in Thailand. The leaders of the coup took a number of steps, rather systematically, as if they had a shopping list. In a sense, they did. Within a matter of days, democracy had been closed down: the coup leaders declared martial law, sent armed soldiers into residential areas, took over radio and TV stations, issued restrictions on the press, tightened some limits on travel, and took certain activists into custody.
They were not figuring these things out as they went along. If you look at history, you can see that there is essentially a blueprint for turning an open society into a dictatorship. That blueprint has been used again and again in more and less bloody, more and less terrifying ways. But it is always effective. It is very difficult and arduous to create and sustain a democracy – but history shows that closing one down is much simpler. You simply have to be willing to take the 10 steps.
As difficult as this is to contemplate, it is clear, if you are willing to look, that each of these 10 steps has already been initiated today in the United States by the Bush administration.
Because Americans like me were born in freedom, we have a hard time even considering that it is possible for us to become as unfree – domestically – as many other nations. Because we no longer learn much about our rights or our system of government – the task of being aware of the constitution has been outsourced from citizens’ ownership to being the domain of professionals such as lawyers and professors – we scarcely recognise the checks and balances that the founders put in place, even as they are being systematically dismantled. Because we don’t learn much about European history, the setting up of a department of “homeland” security – remember who else was keen on the word “homeland” – didn’t raise the alarm bells it might have.
It is my argument that, beneath our very noses, George Bush and his administration are using time-tested tactics to close down an open society. It is time for us to be willing to think the unthinkable – as the author and political journalist Joe Conason, has put it, that it can happen here. And that we are further along than we realise.
Conason eloquently warned of the danger of American authoritarianism. I am arguing that we need also to look at the lessons of European and other kinds of fascism to understand the potential seriousness of the events we see unfolding in the US.
1 Invoke a terrifying internal and external enemy
After we were hit on September 11 2001, we were in a state of national shock. Less than six weeks later, on October 26 2001, the USA Patriot Act was passed by a Congress that had little chance to debate it; many said that they scarcely had time to read it. We were told we were now on a “war footing”; we were in a “global war” against a “global caliphate” intending to “wipe out civilisation”. There have been other times of crisis in which the US accepted limits on civil liberties, such as during the civil war, when Lincoln declared martial law, and the second world war, when thousands of Japanese-American citizens were interned. But this situation, as Bruce Fein of the American Freedom Agenda has noted, is unprecedented: all our other wars had an endpoint, so the pendulum was able to swing back toward freedom; this war is defined as open-ended in time and without national boundaries in space – the globe itself is the battlefield. “This time,” Fein says, “there will be no defined end.”
Creating a terrifying threat – hydra-like, secretive, evil – is an old trick. It can, like Hitler’s invocation of a communist threat to the nation’s security, be based on actual events (one Wisconsin academic has faced calls for his dismissal because he noted, among other things, that the alleged communist arson, the Reichstag fire of February 1933, was swiftly followed in Nazi Germany by passage of the Enabling Act, which replaced constitutional law with an open-ended state of emergency). Or the terrifying threat can be based, like the National Socialist evocation of the “global conspiracy of world Jewry”, on myth.
It is not that global Islamist terrorism is not a severe danger; of course it is. I am arguing rather that the language used to convey the nature of the threat is different in a country such as Spain – which has also suffered violent terrorist attacks – than it is in America. Spanish citizens know that they face a grave security threat; what we as American citizens believe is that we are potentially threatened with the end of civilisation as we know it. Of course, this makes us more willing to accept restrictions on our freedoms.
2 Create a gulag
Once you have got everyone scared, the next step is to create a prison system outside the rule of law (as Bush put it, he wanted the American detention centre at Guantánamo Bay to be situated in legal “outer space”) – where torture takes place.
At first, the people who are sent there are seen by citizens as outsiders: troublemakers, spies, “enemies of the people” or “criminals”. Initially, citizens tend to support the secret prison system; it makes them feel safer and they do not identify with the prisoners. But soon enough, civil society leaders – opposition members, labour activists, clergy and journalists – are arrested and sent there as well.
This process took place in fascist shifts or anti-democracy crackdowns ranging from Italy and Germany in the 1920s and 1930s to the Latin American coups of the 1970s and beyond. It is standard practice for closing down an open society or crushing a pro-democracy uprising.
With its jails in Iraq and Afghanistan, and, of course, Guantánamo in Cuba, where detainees are abused, and kept indefinitely without trial and without access to the due process of the law, America certainly has its gulag now. Bush and his allies in Congress recently announced they would issue no information about the secret CIA “black site” prisons throughout the world, which are used to incarcerate people who have been seized off the street.
Gulags in history tend to metastasise, becoming ever larger and more secretive, ever more deadly and formalised. We know from first-hand accounts, photographs, videos and government documents that people, innocent and guilty, have been tortured in the US-run prisons we are aware of and those we can’t investigate adequately.
But Americans still assume this system and detainee abuses involve only scary brown people with whom they don’t generally identify. It was brave of the conservative pundit William Safire to quote the anti-Nazi pastor Martin Niemöller, who had been seized as a political prisoner: “First they came for the Jews.” Most Americans don’t understand yet that the destruction of the rule of law at Guantánamo set a dangerous precedent for them, too.
By the way, the establishment of military tribunals that deny prisoners due process tends to come early on in a fascist shift. Mussolini and Stalin set up such tribunals. On April 24 1934, the Nazis, too, set up the People’s Court, which also bypassed the judicial system: prisoners were held indefinitely, often in isolation, and tortured, without being charged with offences, and were subjected to show trials. Eventually, the Special Courts became a parallel system that put pressure on the regular courts to abandon the rule of law in favour of Nazi ideology when making decisions.
3 Develop a thug caste
When leaders who seek what I call a “fascist shift” want to close down an open society, they send paramilitary groups of scary young men out to terrorise citizens. The Blackshirts roamed the Italian countryside beating up communists; the Brownshirts staged violent rallies throughout Germany. This paramilitary force is especially important in a democracy: you need citizens to fear thug violence and so you need thugs who are free from prosecution.
The years following 9/11 have proved a bonanza for America’s security contractors, with the Bush administration outsourcing areas of work that traditionally fell to the US military. In the process, contracts worth hundreds of millions of dollars have been issued for security work by mercenaries at home and abroad. In Iraq, some of these contract operatives have been accused of involvement in torturing prisoners, harassing journalists and firing on Iraqi civilians. Under Order 17, issued to regulate contractors in Iraq by the one-time US administrator in Baghdad, Paul Bremer, these contractors are immune from prosecution
Yes, but that is in Iraq, you could argue; however, after Hurricane Katrina, the Department of Homeland Security hired and deployed hundreds of armed private security guards in New Orleans. The investigative journalist Jeremy Scahill interviewed one unnamed guard who reported having fired on unarmed civilians in the city. It was a natural disaster that underlay that episode – but the administration’s endless war on terror means ongoing scope for what are in effect privately contracted armies to take on crisis and emergency management at home in US cities.
Thugs in America? Groups of angry young Republican men, dressed in identical shirts and trousers, menaced poll workers counting the votes in Florida in 2000. If you are reading history, you can imagine that there can be a need for “public order” on the next election day. Say there are protests, or a threat, on the day of an election; history would not rule out the presence of a private security firm at a polling station “to restore public order”.
4 Set up an internal surveillance system
In Mussolini’s Italy, in Nazi Germany, in communist East Germany, in communist China – in every closed society – secret police spy on ordinary people and encourage neighbours to spy on neighbours. The Stasi needed to keep only a minority of East Germans under surveillance to convince a majority that they themselves were being watched.
In 2005 and 2006, when James Risen and Eric Lichtblau wrote in the New York Times about a secret state programme to wiretap citizens’ phones, read their emails and follow international financial transactions, it became clear to ordinary Americans that they, too, could be under state scrutiny.
In closed societies, this surveillance is cast as being about “national security”; the true function is to keep citizens docile and inhibit their activism and dissent.
5 Harass citizens’ groups
The fifth thing you do is related to step four – you infiltrate and harass citizens’ groups. It can be trivial: a church in Pasadena, whose minister preached that Jesus was in favour of peace, found itself being investigated by the Internal Revenue Service, while churches that got Republicans out to vote, which is equally illegal under US tax law, have been left alone.
Other harassment is more serious: the American Civil Liberties Union reports that thousands of ordinary American anti-war, environmental and other groups have been infiltrated by agents: a secret Pentagon database includes more than four dozen peaceful anti-war meetings, rallies or marches by American citizens in its category of 1,500 “suspicious incidents”. The equally secret Counterintelligence Field Activity (Cifa) agency of the Department of Defense has been gathering information about domestic organisations engaged in peaceful political activities: Cifa is supposed to track “potential terrorist threats” as it watches ordinary US citizen activists. A little-noticed new law has redefined activism such as animal rights protests as “terrorism”. So the definition of “terrorist” slowly expands to include the opposition.
6 Engage in arbitrary detention and release
This scares people. It is a kind of cat-and-mouse game. Nicholas D Kristof and Sheryl WuDunn, the investigative reporters who wrote China Wakes: the Struggle for the Soul of a Rising Power, describe pro-democracy activists in China, such as Wei Jingsheng, being arrested and released many times. In a closing or closed society there is a “list” of dissidents and opposition leaders: you are targeted in this way once you are on the list, and it is hard to get off the list.
In 2004, America’s Transportation Security Administration confirmed that it had a list of passengers who were targeted for security searches or worse if they tried to fly. People who have found themselves on the list? Two middle-aged women peace activists in San Francisco; liberal Senator Edward Kennedy; a member of Venezuela’s government – after Venezuela’s president had criticised Bush; and thousands of ordinary US citizens.
Professor Walter F Murphy is emeritus of Princeton University; he is one of the foremost constitutional scholars in the nation and author of the classic Constitutional Democracy. Murphy is also a decorated former marine, and he is not even especially politically liberal. But on March 1 this year, he was denied a boarding pass at Newark, “because I was on the Terrorist Watch list”.
“Have you been in any peace marches? We ban a lot of people from flying because of that,” asked the airline employee.
“I explained,” said Murphy, “that I had not so marched but had, in September 2006, given a lecture at Princeton, televised and put on the web, highly critical of George Bush for his many violations of the constitution.”
“That’ll do it,” the man said.
Anti-war marcher? Potential terrorist. Support the constitution? Potential terrorist. History shows that the categories of “enemy of the people” tend to expand ever deeper into civil life.
James Yee, a US citizen, was the Muslim chaplain at Guantánamo who was accused of mishandling classified documents. He was harassed by the US military before the charges against him were dropped. Yee has been detained and released several times. He is still of interest.
Brandon Mayfield, a US citizen and lawyer in Oregon, was mistakenly identified as a possible terrorist. His house was secretly broken into and his computer seized. Though he is innocent of the accusation against him, he is still on the list.
It is a standard practice of fascist societies that once you are on the list, you can’t get off.
7 Target key individuals
Threaten civil servants, artists and academics with job loss if they don’t toe the line. Mussolini went after the rectors of state universities who did not conform to the fascist line; so did Joseph Goebbels, who purged academics who were not pro-Nazi; so did Chile’s Augusto Pinochet; so does the Chinese communist Politburo in punishing pro-democracy students and professors.
Academe is a tinderbox of activism, so those seeking a fascist shift punish academics and students with professional loss if they do not “coordinate”, in Goebbels’ term, ideologically. Since civil servants are the sector of society most vulnerable to being fired by a given regime, they are also a group that fascists typically “coordinate” early on: the Reich Law for the Re-establishment of a Professional Civil Service was passed on April 7 1933.
Bush supporters in state legislatures in several states put pressure on regents at state universities to penalise or fire academics who have been critical of the administration. As for civil servants, the Bush administration has derailed the career of one military lawyer who spoke up for fair trials for detainees, while an administration official publicly intimidated the law firms that represent detainees pro bono by threatening to call for their major corporate clients to boycott them.
Elsewhere, a CIA contract worker who said in a closed blog that “waterboarding is torture” was stripped of the security clearance she needed in order to do her job.
Most recently, the administration purged eight US attorneys for what looks like insufficient political loyalty. When Goebbels purged the civil service in April 1933, attorneys were “coordinated” too, a step that eased the way of the increasingly brutal laws to follow.
8 Control the press
Italy in the 1920s, Germany in the 30s, East Germany in the 50s, Czechoslovakia in the 60s, the Latin American dictatorships in the 70s, China in the 80s and 90s – all dictatorships and would-be dictators target newspapers and journalists. They threaten and harass them in more open societies that they are seeking to close, and they arrest them and worse in societies that have been closed already.
The Committee to Protect Journalists says arrests of US journalists are at an all-time high: Josh Wolf (no relation), a blogger in San Francisco, has been put in jail for a year for refusing to turn over video of an anti-war demonstration; Homeland Security brought a criminal complaint against reporter Greg Palast, claiming he threatened “critical infrastructure” when he and a TV producer were filming victims of Hurricane Katrina in Louisiana. Palast had written a bestseller critical of the Bush administration.
Other reporters and writers have been punished in other ways. Joseph C Wilson accused Bush, in a New York Times op-ed, of leading the country to war on the basis of a false charge that Saddam Hussein had acquired yellowcake uranium in Niger. His wife, Valerie Plame, was outed as a CIA spy – a form of retaliation that ended her career.
Prosecution and job loss are nothing, though, compared with how the US is treating journalists seeking to cover the conflict in Iraq in an unbiased way. The Committee to Protect Journalists has documented multiple accounts of the US military in Iraq firing upon or threatening to fire upon unembedded (meaning independent) reporters and camera operators from organisations ranging from al-Jazeera to the BBC. While westerners may question the accounts by al-Jazeera, they should pay attention to the accounts of reporters such as the BBC’s Kate Adie. In some cases reporters have been wounded or killed, including ITN’s Terry Lloyd in 2003. Both CBS and the Associated Press in Iraq had staff members seized by the US military and taken to violent prisons; the news organisations were unable to see the evidence against their staffers.
Over time in closing societies, real news is supplanted by fake news and false documents. Pinochet showed Chilean citizens falsified documents to back up his claim that terrorists had been about to attack the nation. The yellowcake charge, too, was based on forged papers.
You won’t have a shutdown of news in modern America – it is not possible. But you can have, as Frank Rich and Sidney Blumenthal have pointed out, a steady stream of lies polluting the news well. What you already have is a White House directing a stream of false information that is so relentless that it is increasingly hard to sort out truth from untruth. In a fascist system, it’s not the lies that count but the muddying. When citizens can’t tell real news from fake, they give up their demands for accountability bit by bit.
9 Dissent equals treason
Cast dissent as “treason” and criticism as “espionage’. Every closing society does this, just as it elaborates laws that increasingly criminalise certain kinds of speech and expand the definition of “spy” and “traitor”. When Bill Keller, the publisher of the New York Times, ran the Lichtblau/Risen stories, Bush called the Times’ leaking of classified information “disgraceful”, while Republicans in Congress called for Keller to be charged with treason, and rightwing commentators and news outlets kept up the “treason” drumbeat. Some commentators, as Conason noted, reminded readers smugly that one penalty for violating the Espionage Act is execution.
Conason is right to note how serious a threat that attack represented. It is also important to recall that the 1938 Moscow show trial accused the editor of Izvestia, Nikolai Bukharin, of treason; Bukharin was, in fact, executed. And it is important to remind Americans that when the 1917 Espionage Act was last widely invoked, during the infamous 1919 Palmer Raids, leftist activists were arrested without warrants in sweeping roundups, kept in jail for up to five months, and “beaten, starved, suffocated, tortured and threatened with death”, according to the historian Myra MacPherson. After that, dissent was muted in America for a decade.
In Stalin’s Soviet Union, dissidents were “enemies of the people”. National Socialists called those who supported Weimar democracy “November traitors”.
And here is where the circle closes: most Americans do not realise that since September of last year – when Congress wrongly, foolishly, passed the Military Commissions Act of 2006 – the president has the power to call any US citizen an “enemy combatant”. He has the power to define what “enemy combatant” means. The president can also delegate to anyone he chooses in the executive branch the right to define “enemy combatant” any way he or she wants and then seize Americans accordingly.
Even if you or I are American citizens, even if we turn out to be completely innocent of what he has accused us of doing, he has the power to have us seized as we are changing planes at Newark tomorrow, or have us taken with a knock on the door; ship you or me to a navy brig; and keep you or me in isolation, possibly for months, while awaiting trial. (Prolonged isolation, as psychiatrists know, triggers psychosis in otherwise mentally healthy prisoners. That is why Stalin’s gulag had an isolation cell, like Guantánamo’s, in every satellite prison. Camp 6, the newest, most brutal facility at Guantánamo, is all isolation cells.)
We US citizens will get a trial eventually – for now. But legal rights activists at the Center for Constitutional Rights say that the Bush administration is trying increasingly aggressively to find ways to get around giving even US citizens fair trials. “Enemy combatant” is a status offence – it is not even something you have to have done. “We have absolutely moved over into a preventive detention model – you look like you could do something bad, you might do something bad, so we’re going to hold you,” says a spokeswoman of the CCR.
Most Americans surely do not get this yet. No wonder: it is hard to believe, even though it is true. In every closing society, at a certain point there are some high-profile arrests – usually of opposition leaders, clergy and journalists. Then everything goes quiet. After those arrests, there are still newspapers, courts, TV and radio, and the facades of a civil society. There just isn’t real dissent. There just isn’t freedom. If you look at history, just before those arrests is where we are now.
10 Suspend the rule of law
The John Warner Defense Authorization Act of 2007 gave the president new powers over the national guard. This means that in a national emergency – which the president now has enhanced powers to declare – he can send Michigan’s militia to enforce a state of emergency that he has declared in Oregon, over the objections of the state’s governor and its citizens.
Even as Americans were focused on Britney Spears’s meltdown and the question of who fathered Anna Nicole’s baby, the New York Times editorialised about this shift: “A disturbing recent phenomenon in Washington is that laws that strike to the heart of American democracy have been passed in the dead of night … Beyond actual insurrection, the president may now use military troops as a domestic police force in response to a natural disaster, a disease outbreak, terrorist attack or any ‘other condition’.”
Critics see this as a clear violation of the Posse Comitatus Act – which was meant to restrain the federal government from using the military for domestic law enforcement. The Democratic senator Patrick Leahy says the bill encourages a president to declare federal martial law. It also violates the very reason the founders set up our system of government as they did: having seen citizens bullied by a monarch’s soldiers, the founders were terrified of exactly this kind of concentration of militias’ power over American people in the hands of an oppressive executive or faction.
Of course, the United States is not vulnerable to the violent, total closing-down of the system that followed Mussolini’s march on Rome or Hitler’s roundup of political prisoners. Our democratic habits are too resilient, and our military and judiciary too independent, for any kind of scenario like that.
Rather, as other critics are noting, our experiment in democracy could be closed down by a process of erosion.
It is a mistake to think that early in a fascist shift you see the profile of barbed wire against the sky. In the early days, things look normal on the surface; peasants were celebrating harvest festivals in Calabria in 1922; people were shopping and going to the movies in Berlin in 1931. Early on, as WH Auden put it, the horror is always elsewhere – while someone is being tortured, children are skating, ships are sailing: “dogs go on with their doggy life … How everything turns away/ Quite leisurely from the disaster.”
As Americans turn away quite leisurely, keeping tuned to internet shopping and American Idol, the foundations of democracy are being fatally corroded. Something has changed profoundly that weakens us unprecedentedly: our democratic traditions, independent judiciary and free press do their work today in a context in which we are “at war” in a “long war” – a war without end, on a battlefield described as the globe, in a context that gives the president – without US citizens realising it yet – the power over US citizens of freedom or long solitary incarceration, on his say-so alone.
That means a hollowness has been expanding under the foundation of all these still- free-looking institutions – and this foundation can give way under certain kinds of pressure. To prevent such an outcome, we have to think about the “what ifs”.
What if, in a year and a half, there is another attack – say, God forbid, a dirty bomb? The executive can declare a state of emergency. History shows that any leader, of any party, will be tempted to maintain emergency powers after the crisis has passed. With the gutting of traditional checks and balances, we are no less endangered by a President Hillary than by a President Giuliani – because any executive will be tempted to enforce his or her will through edict rather than the arduous, uncertain process of democratic negotiation and compromise.
What if the publisher of a major US newspaper were charged with treason or espionage, as a rightwing effort seemed to threaten Keller with last year? What if he or she got 10 years in jail? What would the newspapers look like the next day? Judging from history, they would not cease publishing; but they would suddenly be very polite.
Right now, only a handful of patriots are trying to hold back the tide of tyranny for the rest of us – staff at the Center for Constitutional Rights, who faced death threats for representing the detainees yet persisted all the way to the Supreme Court; activists at the American Civil Liberties Union; and prominent conservatives trying to roll back the corrosive new laws, under the banner of a new group called the American Freedom Agenda. This small, disparate collection of people needs everybody’s help, including that of Europeans and others internationally who are willing to put pressure on the administration because they can see what a US unrestrained by real democracy at home can mean for the rest of the world.
We need to look at history and face the “what ifs”. For if we keep going down this road, the “end of America” could come for each of us in a different way, at a different moment; each of us might have a different moment when we feel forced to look back and think: that is how it was before – and this is the way it is now.
“The accumulation of all powers, legislative, executive, and judiciary, in the same hands … is the definition of tyranny,” wrote James Madison. We still have the choice to stop going down this road; we can stand our ground and fight for our nation, and take up the banner the founders asked us to carry.
”The Israeli government’s plan to remove troops and Jewish settlements from the Gaza Strip would not end Israel’s occupation of the territory. As an occupying power, Israel will retain responsibility for the welfare of Gaza’s civilian population.
Under the “disengagement” plan endorsed Tuesday by the Knesset, Israeli forces will keep control over Gaza’s borders, coastline and airspace, and will reserve the right to launch incursions at will. Israel will continue to wield overwhelming power over the territory’s economy and its access to trade.”
Israeli Government Still Holds Responsibility for Welfare of Civilians
The Israeli government’s plan to remove troops and Jewish settlements from the Gaza Strip would not end Israel’s occupation of the territory. As an occupying power, Israel will retain responsibility for the welfare of Gaza’s civilian population.
Under the “disengagement” plan endorsed Tuesday by the Knesset, Israeli forces will keep control over Gaza’s borders, coastline and airspace, and will reserve the right to launch incursions at will. Israel will continue to wield overwhelming power over the territory’s economy and its access to trade.
“The removal of settlers and most military forces will not end Israel’s control over Gaza,” said Sarah Leah Whitson, Executive Director of Human Rights Watch’s Middle East and North Africa Division. “Israel plans to reconfigure its occupation of the territory, but it will remain an occupying power with responsibility for the welfare of the civilian population.”
Under the plan, Israel is scheduled to remove settlers and military bases protecting the settlers from the Gaza Strip and four isolated West Bank Jewish settlements by the end of 2005. The Israeli military will remain deployed on Gaza’s southern border, and will reposition its forces to other areas just outside the territory.
In addition to controlling the borders, coastline and airspace, Israel will continue to control Gaza’s telecommunications, water, electricity and sewage networks, as well as the flow of people and goods into and out of the territory. Gaza will also continue to use Israeli currency.
A World Bank study on the economic effects of the plan determined that “disengagement” would ease restrictions on mobility inside Gaza. But the study also warned that the removal of troops and settlers would have little positive effect unless accompanied by an opening of Gaza’s borders. If the borders are sealed to labor and trade, the plan “would create worse hardship than is seen today.”
The plan also explicitly envisions continued home demolitions by the Israeli military to expand the “buffer zone” along the Gaza-Egypt border. According to a report released last week by Human Rights Watch, the Israeli military has illegally razed nearly 1,600 homes since 2000 to create this buffer zone, displacing some 16,000 Palestinians. Israeli officials have called for the buffer zone to be doubled, which would result in the destruction of one-third of the Rafah refugee camp.
In addition, the plan states that disengagement “will serve to dispel the claims regarding Israel’s responsibility for the Palestinians in the Gaza Strip.” A report by legal experts from the Israeli Justice Ministry, Foreign Ministry and the military made public on Sunday, however, reportedly acknowledges that disengagement “does not necessarily exempt Israel from responsibility in the evacuated territories.”
If Israel removes its troops from Gaza, the Palestinian National Authority will maintain responsibility for security within the territory—to the extent that Israel allows Palestinian police the authority and capacity. Palestinian security forces will still have a duty to protect civilians within Gaza and to prevent indiscriminate attacks on Israeli civilians.
“Under international law, the test for determining whether an occupation exists is effective control by a hostile army, not the positioning of troops,” Whitson said. “Whether the Israeli army is inside Gaza or redeployed around its periphery and restricting entrance and exit, it remains in control.”
Under international law, the duties of an occupying power are detailed in the Fourth Geneva Convention and The Hague Regulations. According to The Hague Regulations, a “territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can be exercised.”
The “disengagement plan,” as adopted by the Israeli Cabinet on June 6, 2004, and endorsed by the Knesset on October 26, is available at:
Israel’s Obligations to Gaza under International Law
Israeli authorities claim “broad powers and discretion to decide who may enter its territory” and that “a foreigner has no legal right to enter the State’s sovereign territory, including for the purposes of transit into the [West Bank] or aboard.” While international human rights law gives wide latitude to governments with regard to entry of foreigners, Israel has heightened obligations toward Gaza residents. Because of the continuing controls Israel exercises over the lives and welfare of Gaza’s inhabitants, Israel remains an occupying power under international humanitarian law, despite withdrawing its military forces and settlements from the territory in 2005”
(Gaza) – Israel’s sweeping restrictions on leaving Gaza deprive its more than two million residents of opportunities to better their lives, Human Rights Watch said today on the fifteenth anniversary of the 2007 closure. The closure has devastated the economy in Gaza, contributed to fragmentation of the Palestinian people, and forms part of Israeli authorities’ crimes against humanity of apartheid and persecution against millions of Palestinians.
Israel’s closure policy blocks most Gaza residents from going to the West Bank, preventing professionals, artists, athletes, students, and others from pursuing opportunities within Palestine and from traveling abroad via Israel, restricting their rights to work and an education. Restrictive Egyptian policies at its Rafah crossing with Gaza, including unnecessary delays and mistreatment of travelers, have exacerbated the closure’s harm to human rights.
“Israel, with Egypt’s help, has turned Gaza into an open-air prison,” said Omar Shakir, Israel and Palestine director at Human Rights Watch. “As many people around the world are once again traveling two years after the start of the Covid-19 pandemic, Gaza’s more than two million Palestinians remain under what amounts to a 15-year-old lockdown.”
Israel should end its generalized ban on travel for Gaza residents and permit free movement of people to and from Gaza, subject to, at most, individual screening and physical searches for security purposes.
Between February 2021 and March 2022, Human Rights Watch interviewed 20 Palestinians who sought to travel out of Gaza via either the Israeli-run Erez crossing or the Egyptian-administered Rafah crossing. Human Rights Watch wrote to Israeli and Egyptian authorities to solicit their perspectives on its findings, and separately to seek information about an Egyptian travel company that operates at the Rafah crossing but had received no responses at this writing.
Since 2007, Israeli authorities have, with narrow exceptions, banned Palestinians from leaving through Erez, the passenger crossing from Gaza into Israel, through which they can reach the West Bank and travel abroad via Jordan. Israel also prevents Palestinian authorities from operating an airport or seaport in Gaza. Israeli authorities also sharply restrict the entry and exit of goods.
They often justify the closure, which came after Hamas seized political control over Gaza from the Fatah-led Palestinian Authority in June 2007, on security grounds. Israeli authorities have said they want to minimize travel between Gaza and the West Bank to prevent the export of “a human terrorist network” from Gaza to the West Bank, which has a porous border with Israel and where hundreds of thousands of Israeli settlers live.
This policy has reduced travel to a fraction of what it was two decades ago, Human Rights Watch said. Israeli authorities have instituted a formal “policy of separation” between Gaza and the West Bank, despite international consensus that these two parts of the Occupied Palestinian Territory form a “single territorial unit.” Israel accepted that principle in the 1995 Oslo Accords, signed with the Palestine Liberation Organization. Israeli authorities restrict all travel between Gaza and the West Bank, even when the travel takes place via the circuitous route through Egypt and Jordan rather than through Israeli territory.
Due to these policies, Palestinian professionals, students, artists, and athletes living in Gaza have missed vital opportunities for advancement not available in Gaza. Human Rights Watch interviewed seven people who said that Israeli authorities did not respond to their requests for travel through Erez, and three others who said Israel rejected their permits, apparently for not fitting within Israeli’s narrow criteria.
Walaa Sada, 31, a filmmaker, said that she applied for permits to take part in film training in the West Bank in 2014 and 2018, after spending years convincing her family to allow her to travel alone, but Israeli authorities never responded to her applications. The hands-on nature of the training, requiring filming live scenes and working in studios, made remote participation impracticable and Sada ended up missing the sessions.
The “world narrowed” when she received these rejections, Sada said, making her feel “stuck in a small box.… For us in Gaza, the hands of the clock stopped. People all over the world can easily and quickly book flight and travel, while we … die waiting for our turn.”
The Egyptian authorities have exacerbated the closure’s impact by restricting movement out of Gaza and at times fully sealing its Rafah border crossing, Gaza’s only outlet aside from Erez to the outside world. Since May 2018, Egyptian authorities have been keeping Rafah open more regularly, making it, amid the sweeping Israeli restrictions, the primary outlet to the outside world for Gaza residents.
Palestinians, however, still face onerous obstacles traveling through Egypt, including having to wait weeks for permission to travel, unless they are willing to pay hundreds of dollars to travel companies with significant ties to Egyptian authorities to expedite their travel, denials of entry, and abuse by Egyptian authorities.
Sada said also received an opportunity to participate in a workshop on screenwriting in Tunisia in 2019, but that she could not afford the US$2000 it would cost her to pay for the service that would ensure that she could travel on time. Her turn to travel came up six weeks later, after the workshop had already been held.
As an occupying power that maintains significant control over many aspects of life in Gaza, Israel has obligations under international humanitarian law to ensure the welfare of the population there. Palestinians also have the right under international human rights law to freedom of movement, in particular within the occupied territory, a right that Israel can restrict under international law only in response to specific security threats.
Israel’s policy, though, presumptively denies free movement to people in Gaza, with narrow exceptions, irrespective of any individualized assessment of the security risk a person may pose. These restrictions on the right to freedom of movement do not meet the requirement of being strictly necessary and proportionate to achieve a lawful objective. Israel has had years and many opportunities to develop more narrowly tailored responses to security threats that minimize restrictions on rights.
Egypt’s legal obligations toward Gaza residents are more limited, as it is not an occupying power. However, as a state party to the Fourth Geneva Convention, it should ensure respect for the convention “in all circumstances,” including protections for civilians living under military occupation who are unable to travel due to unlawful restrictions imposed by the occupying power. The Egyptian authorities should also consider the impact of their border closure on the rights of Palestinians living in Gaza who are unable to travel in and out of Gaza through another route, including the right to leave a country.
Egyptian authorities should lift unreasonable obstacles that restrict Palestinians’ rights and allow transit via its territory, subject to security considerations, and ensure that their decisions are transparent and not arbitrary and take into consideration the human rights of those affected.
“The Gaza closure blocks talented, professional people, with much to give their society, from pursuing opportunities that people elsewhere take for granted,” Shakir said. “Barring Palestinians in Gaza from moving freely within their homeland stunts lives and underscores the cruel reality of apartheid and persecution for millions of Palestinians.”
Israel’s Obligations to Gaza under International Law
Israeli authorities claim “broad powers and discretion to decide who may enter its territory” and that “a foreigner has no legal right to enter the State’s sovereign territory, including for the purposes of transit into the [West Bank] or aboard.” While international human rights law gives wide latitude to governments with regard to entry of foreigners, Israel has heightened obligations toward Gaza residents. Because of the continuing controls Israel exercises over the lives and welfare of Gaza’s inhabitants, Israel remains an occupying power under international humanitarian law, despite withdrawing its military forces and settlements from the territory in 2005. Both the UN and the International Committee of the Red Cross, the guardians of international humanitarian law, have reached this determination. As the occupying power, Israel remains bound to provide residents of Gaza the rights and protections afforded to them by the law of occupation. Israeli authorities continue to control Gaza’s territorial waters and airspace, and the movement of people and goods, except at Gaza’s border with Egypt. Israel also controls the Palestinian population registry and the infrastructure upon which Gaza relies.
Israel has an obligation to respect the human rights of Palestinians living in Gaza, including their right to freedom of movement throughout the Occupied Palestinian Territory and abroad, which affects both the right to leave a country and the right to enter their own country. Israel is also obligated to respect Palestinians’ rights for which freedom of movement is a precondition, for example the rights to education, work, and health. The UNHuman Rights Committee has said that while states can restrict freedom of movement for security reasons or to protect public health, public order, and the rights of others, any such restrictions must be proportional and “the restrictions must not impair the essence of the right; the relation between the right and restriction, between norm and exception, must not be reversed.”
While the law of occupation permits occupying powers to impose security restrictions on civilians, it also requires them to restore public life for the occupied population. That obligation increases in a prolonged occupation, in which the occupier has more time and opportunity to develop more narrowly tailored responses to security threats that minimize restrictions on rights. In addition, the needs of the occupied population increase over time. Suspending virtually all freedom of movement for a short period interrupts temporarily normal public life, but long-term, indefinite suspension in Gaza has had a much more debilitating impact, fragmentating populations, fraying familial and social ties, compoundingdiscrimination against women, and blocking people from pursuing opportunities to improve their lives.
The impact is particularly damaging given the denial of freedom of movement to people who are confined to a sliver of the occupied territory, unable to interact in person with the majority of the occupied population that lives in the West Bank, including East Jerusalem, and its rich assortment of educational, cultural, religious, and commercial institutions.
After 55 years of occupation and 15 years of closure in Gaza with no end in sight, Israel should fully respect the human rights of Palestinians, using as a benchmark the rights it grants Israeli citizens. Israel should abandon an approach that bars movement absent exceptional individual humanitarian circumstances it defines, in favor of an approach that permits free movement absent exceptional individual security circumstances.
Israel’s Closure
Most Palestinians who grew up in Gaza under this closure have never left the 40-by-11 kilometer (25-by-7 mile) Gaza Strip. For the last 25 years, Israel has increasingly restricted the movement of Gaza residents. Since June 2007, when Hamas seized control over Gaza from the Fatah-led Palestinian Authority (PA), Gaza has been mostly closed.
Israeli authorities justify this closure on security grounds, in light of “Hamas’ rise to power in the Gaza Strip,” as they lay out in a December 2019 court filing. Authorities highlight in particular the risk that Hamas and armed Palestinian groups will recruit or coerce Gaza residents who have permits to travel via Erez “for the commission of terrorist acts and the transfer of operatives, knowledge, intelligence, funds or equipment for terrorist activists.” Their policy, though, amounts to a blanket denial with rare exceptions, rather than a generalized respect for the right of Palestinians to freedom of movement, to be denied only on the basis of individualized security reasons.
The Israeli army has since 2007 limited travel through the Erez crossing except in what it deems “exceptional humanitarian circumstances,” mainly encompassing those needing vital medical treatment outside Gaza and their companions, although the authorities also make exceptions for hundreds of businesspeople and laborers and some others. Israel has restricted movement even for those seeking to travel under these narrowexceptions, affecting their rights to health and life, among others, as Human Rights Watch and other groups have documented. Most Gaza residents do not fit within these exemptions to travel through Erez, even if it is to reach the West Bank.
Between January 2015 and December 2019, before the onset of Covid-19 restrictions, an average of about 373 Palestinians left Gaza via Erez each day, less than 1.5 percent of the daily average of 26,000 in September 2000, before the closure, according to the Israeli rights group Gisha. Israeli authorities tightened the closure further during the Covid-19 pandemic – between March 2020 and December 2021, an average of about 143 Palestinians left Gaza via Erez each day, according to Gisha.
Israeli authorities announced in March 2022 that they would authorize 20,000 permits for Palestinians in Gaza to work in Israel in construction and agriculture, though Gisha reports that the actual number of valid permits in this category stood at 9,424, as of May 22.
Israeli authorities have also for more than two decades sharply restricted the use by Palestinians of Gaza’s airspace and territorial waters. They blocked the reopening of the airport that Israeli forces made inoperable in January 2002, and prevented the Palestinian authorities from building a seaport, leaving Palestinians dependent on leaving Gaza by land to travel abroad. The few Palestinians permitted to cross at Erez are generally barred from traveling abroad via Israel’s international airport and must instead travel abroad via Jordan. Palestinians wishing to leave Gaza via Erez, either to the West Bank or abroad, submit requests through the Palestinian Civil Affairs Committee in Gaza, which forwards applications to Israeli authorities who decide on whether to grant a permit.
Separation Between Gaza and the West Bank
As part of the closure, Israeli authorities have sought to “differentiate” between their policy approaches to Gaza and the West Bank, such as imposing more sweeping restrictions on the movement of people and goods from Gaza to the West Bank, and promote separation between these two parts of the Occupied Palestinian Territory. The army’s “Procedure for Settlement in the Gaza Strip by Residents of Judea and Samaria,” published in 2018, states that “in 2006, a decision was made to introduce a policy of separation between the Judea and Samaria Area [the West Bank] and the Gaza Strip in light of Hamas’ rise to power in the Gaza Strip. The policy currently in effect is explicitly aimed at reducing travel between the areas.”
In each of the 11 cases Human Rights Watch reviewed of people seeking to reach the West Bank, including East Jerusalem, for professional and educational opportunities not available in Gaza, Israeli authorities did not respond to requests for permits or denied them, either for security reasons or because they did not conform to the closure policy. Human Rights Watch also reviewed permit applications on the website of the Palestinian Civil Affairs Committee, or screenshots of it, including the status of the permit applications, when they were sent on to the Israeli authorities and the response received, if any.
Raed Issa, a 42-year-old artist, said that the Israeli authorities did not respond to his application for a permit in early December 2015, to attend an exhibit of his art at a Ramallah art gallery between December 27 and January 16, 2016.
The “Beyond the Dream” exhibit sought to highlight the situation in Gaza after the 2014 war. Issa said that the Palestinian Civil Affairs committee continued to identify the status of his application as “sent and waiting for response” and he ended up having to attend the opening of the exhibit virtually. Issa felt that not being physically present hampered his ability to engage with audiences, and to network and promote his work, which he believes limited his reach and hurt sales of his artwork. He described feeling pained “that I am doing my own art exhibit in my homeland and not able to attend it, not able to move freely.”
Ashraf Sahweel, 47, chairman of the Board of Directors of the Gaza Center for Art and Culture, said that Gaza-based artists routinely do not hear back after applying for Israeli permits, forcing them to miss opportunities to attend exhibitions and other cultural events. A painter himself, he applied for seven permits between 2013 and 2022, but Israeli authorities either did not respond or denied each application, he said. Sahweel said that he has “given up hope on the possibility to travel via Erez.”
Palestinian athletes in Gaza face similar restrictions when seeking to compete with their counterparts in the West Bank, even though the Israeli army guidelines specifically identify “entry of sportspeople” as among the permissible exemptions to the closure. The guidelines, updated in February 2022, set out that “all Gaza Strip residents who are members of the national and local sports teams may enter Israel in transit to the Judea and Samaria area [West Bank] or abroad for official activities of the teams.”
Hilal al-Ghawash, 25, told Human Rights Watch that his football team, Khadamat Rafah, had a match in July 2019 with a rival West Bank team, the Balata Youth Center, in the finals of Palestine Club, with the winner entitled to represent Palestine in the Asian Cup. The Palestinian Football Federation applied for permits for the entire 22-person team and 13-person staff, but Israeli authorities, without explanation, granted permits to only 4 people, only one of whom was a player. The game was postponed as a result.
After Gisha appealed the decision in the Jerusalem District Court, Israeli authorities granted 11 people permits, including six players, saying the other 24 were denied on security grounds that were not specified. Al-Ghawash was among the players who did not receive a permit. The Jerusalem district court upheld the denials. With Khadamat Rafah prevented from reaching the West Bank, the Palestine Football Federation canceled the Palestine Cup finals match.
Al-Ghawash said that West Bank matches hold particular importance for Gaza football players, since they offer the opportunity to showcase their talents for West Bank clubs, which are widely considered superior to those in Gaza and pay better. Despite the cancellation, al-Ghawash said, the Balata Youth Center later that year offered him a contract to play for them. The Palestinian Football Federation again applied for a permit on al-Ghawash’s behalf, but he said he did not receive a response and was unable to join the team.
In 2021, al-Ghawash signed a contract with a different West Bank team, the Hilal al-Quds club. The Palestinian Football Federation again applied, but this time, the Israeli army denied the permit on unspecified security grounds. Al-Ghawash said he does not belong to any armed group or political movement and has no idea on what basis Israeli authorities denied him a permit.
Missing these opportunities has forced al-Ghawash to forgo not only higher pay, but also the chance to play for more competitive West Bank teams, which could have brought him closer to his goal of joining the Palestinian national team. “There’s a future in the West Bank, but, here in Gaza, there’s only a death sentence,” he said. “The closure devastates players’ future. Gaza is full of talented people, but it’s so difficult to leave.”
Palestinian students and professionals are frequently unable to obtain permits to study or train in the West Bank. In 2016, Augusta Victoria Hospital in East Jerusalem agreed to have 10 physics students from Al-Azhar University in Gaza come to the hospital for a six-month training program. Israeli authorities denied five students permits without providing a rationale, two of the students said.
The five other students initially received permits valid for only 14 days, and then encountered difficulties receiving subsequent permits. None were able to complete the full program, the two students said. One, Mahmoud Dabour, 28, said that when he applied for a second permit, he received no response. Two months later, he applied again and managed to get a permit valid for one week. He received one other permit, valid for 10 days, but then, when he returned and applied for the fifth time, Israeli authorities rejected his permit request without providing a reason. As a result, he could not finish the training program, and, without the certification participants receive upon completion, he said, he cannot apply for jobs or attend conferences or workshops abroad in the field.
Dabour said that the training cannot be offered in Gaza, since the necessary radiation material required expires too quickly for it to be functional after passing through the time-consuming Israeli inspections of materials entering the Gaza Strip. There are no functioning devices of the kind that students need for the training in Gaza, Dabour said.
One of the students whose permit was denied said, “I feel I studied for five years for nothing, that my life has stopped.” The student asked that his name be withheld for his security.
Two employees of Zimam, a Ramallah-based organization focused on youth empowerment and conflict resolution, said that the Israeli authorities repeatedly denied them permits to attend organizational training and strategy meetings. Atta al-Masri, the 31-year-old Gaza regional director, said he has applied four times for permits, but never received one. Israeli authorities did not respond the first three times and, the last time in 2021, denied him a permit on the grounds that it was “not in conformity” with the permissible exemptions to the closure. He has worked for Zimam since 2009, but only met his colleagues in person for the first time in Egypt in March 2022.
Ahed Abdullah, 29, Zimam’s youth programs coordinator in Gaza, said she applied twice for permits in 2021, but Israeli authorities denied both applications on grounds of “nonconformity:”
This is supposed to be my right. My simplest right. Why did they reject me? My colleagues who are outside Palestine managed to make it, while I am inside Palestine, I wasn’t able to go to the other part of Palestine … it’s only 2-3 hours from Gaza to Ramallah, why should I get the training online? Why am I deprived of being with my colleagues and doing activities with them instead of doing them in dull breakout rooms on Zoom?
Human Rights Watch has previously documented that the closure has prevented specialists in the use of assistive devices for people with disabilities from opportunities for hands-on training on the latest methods of evaluation, device maintenance, and rehabilitation. Human Rights Watch also documented restrictions on the movement of human rights workers. Gisha, the Israeli human rights group, has reported that Israel has blocked health workers in Gaza from attending training in the West Bank on how to operate new equipment and hampered the work of civil society organizations operating in Gaza.
Israeli authorities have also made it effectively impossible for Palestinians from Gaza to relocate to the West Bank. Because of Israeli restrictions, thousands of Gaza residents who arrived on temporary permits and now live in the West Bank are unable to gain legal residency. Although Israel claims that these restrictions are related to maintaining security, evidence Human Rights Watch collected suggests the main motivation is to control Palestinian demography across the West Bank, whose land Israel seeks to retain, in contrast to the Gaza Strip.
Egypt
With most Gaza residents unable to travel via Erez, the Egyptian-administered Rafah crossing has become Gaza’s primary outlet to the outside world, particularly in recent years. Egyptian authorities kept Rafah mostly closed for nearly five years following the July 2013 military coup in Egypt that toppled President Mohamed Morsy, whom the military accused of receiving support from Hamas. Egypt, though, eased restrictions in May 2018, amid the Great March of Return, the recurring Palestinian protests at the time near the fences separating Gaza and Israel.
Despite keeping Rafah open more regularly since May 2018, movement via Rafah is a fraction of what it was before the 2013 coup in Egypt. Whereas an average of 40,000 crossed monthly in both directions before the coup, the monthly average was 12,172 in 2019 and 15,077 in 2021, according to Gisha.
Human Rights Watch spoke with 16 Gaza residents who sought to travel via Rafah. Almost all said they opted for this route because of the near impossibility of receiving an Israeli permit to travel via Erez.
Gaza residents hoping to leave via Rafah are required to register in advance via a process the UN Office for the Coordination of Humanitarian Affairs (OCHA) has deemed “confusing” and “obscure.” Gaza residents can either register via the formal registration process administered by Gaza’s Interior Ministry or informally via what is known as tanseeq,or travel coordination with Egyptian authorities, paying travel companies or mediators for a place on a separate list coordinated by Egyptian authorities. Having two distinct lists of permitted travelers coordinated by different authorities has fueled “allegations of the payment of bribes in Gaza and in Egypt to ensure travel and a faster response,” according to OCHA.
The formal process often takes two to three months, except for those traveling for medical reasons, whose requests are processed faster, said Gaza residents who sought to leave Gaza via Rafah. Egyptian authorities have at times rejected those seeking to cross Rafah into Egypt on the grounds that they did not meet specific criteria for travel. The criteria lack transparency, but Gisha reported that they include having a referral for a medical appointment in Egypt or valid documents to enter a third country.
To avoid the wait and risk of denial, many choose instead the tanseeqroute. Several interviewees said that they paid large sums of money to Palestinian brokers or Gaza-based travel companies that work directly with Egyptian authorities to expedite people’s movement via Rafah. On social media, some of these companies advertise that they can assure travel within days to those who provide payment and a copy of their passport. The cost of tanseeq has fluctuated from several hundred US dollars to several thousand dollars over the last decade, based in part on how frequently Rafah is open.
In recent years, travel companies have offered an additional “VIP” tanseeq, which expedites travel without delays in transit between Rafah and Cairo, offers flexibility on travel date, and ensures better treatment by authorities. The cost was $700, as of January 2022.
The Cairo-based company offering the VIP tanseeq services, Hala Consulting and Tourism Services, has strong links with Egypt’s security establishment and is staffed largely by former Egyptian military officers, a human rights activist and a journalist who have investigated these issues told Human Rights Watch. This allows the company to reduce processing times and delays at checkpoints during the journey between Rafah and Cairo. The activist and journalist both asked that their names be withheld for security reasons.
The company is linked to prominent Egyptian businessman Ibrahim El-Argani, who has close ties with Egypt’s president, Abdel-Fattah al-Sisi. Ergany heads the Union of Sinai Tribes, which works hand-in-hand with the Egyptian military and intelligence agencies against militants operating in North Sinai. Ergany, one of Egypt’s few businessmen able to export products to Gaza from Egypt, owns the Sinai Sons company, which has an exclusive contract to handle all contracts related to Gaza reconstruction efforts. Human Rights Watch wrote to El-Argani to solicit his perspectives on these issues, but had received no response at this writing.
A 34-year-old computer engineer and entrepreneur said that he sought to travel in 2019 to Saudi Arabia to meet an investor to discuss a potential project to sell car parts online. He chose not to apply to travel via Erez, as he had applied for permits eight times between 2016 and 2018 and had either been rejected or not heard back.
He initially registered via the formal Ministry of Interior process and received approval to travel after three months. However, on the day assigned for his exit via Rafah, an Egyptian officer there said he found his reason for travel not sufficiently “convincing” and denied him passage. A few months later, he tried to travel again for the same purpose, this time opting for tanseeq and paying $400, and, this time, he successfully reached Saudi Arabia within a week of seeking to travel.
He said that he would like to go on vacation with his wife, but worries that Egyptian authorities will not consider vacation a sufficiently compelling reason for travel and that his only option will be to pay hundreds or thousands of dollars to do tanseeq.
A 73-year-old man sought to travel via Rafah in February 2021, with his 46-year-old daughter, to get knee replacement surgery in al-Sheikh Zayed hospital in Cairo. He said Gaza lacks the capacity to provide such an operation. The man and his daughter are relatives of a Human Rights Watch staff member. They applied via the Interior Ministry process and received approval in a little over a week.
After they waited for several hours in the Egyptian hall in Rafah on the day of travel, though, Egyptian authorities included the daughter’s name among the 70 names of people who were not allowed to cross that day, the daughter said. The father showed the border officials a doctor’s note indicating that he needed someone to travel with him given his medical situation, but the officer told him, “You either travel alone or go back with her to Gaza.” She said she returned to Gaza, alongside 70 other people, and her father later traveled on his own.
Five people who did manage to travel via Rafah said that they experienced poor conditions and poor treatment, including intrusive searches, by the Egyptian authorities, with several saying that they felt Egyptian authorities treated them like “criminals.” Several people said that Egyptian officers confiscated items from them during the journey, including an expensive camera and a mobile phone, without apparent reason.
Upon leaving Rafah, Palestinians are transported by bus to Cairo’s airport. The trip takes about seven hours, but several people said that the journey took up to three days between long periods of waiting on the bus, at checkpoints and amid other delays, often in extreme weather. Many of those who traveled via Rafah said that, during this journey, Egyptian authorities prevented passengers from using their phones.
The parents of a 7-year-old boy with autism and a rare brain disease said they sought to travel for medical treatment for him in August 2021, but Egyptian authorities only allowed the boy and his mother to enter. The mother said their journey back to Gaza took four days, mostly as a result of Rafah being closed. During this time, she said, they spent hours waiting at checkpoints, in extreme heat, with her son crying nonstop. She said she felt “humiliated” and treated like “an animal,” observing that she “would rather die than travel again through Rafah.”
A 33-year-old filmmaker, who traveled via Rafah to Morocco in late 2019 to attend a film screening, said the return from Cairo to Rafah took three days, much of it spent at checkpoints amid the cold winter in the Sinai desert.
A 34-year-old man said that he planned to travel in August 2019 via Rafah to the United Arab Emirates for a job interview as an Arabic teacher. He said, on his travel date, Egyptian authorities turned him back, saying they had met their quota of travelers. He crossed the next day, but said that, as it was a Thursday and with Rafah closed on Friday, Egyptian authorities made travelers spend two nights sleeping at Rafah, without providing food or access to a clean bathroom.
The journey to Cairo airport then took two days, during which he described going through checkpoints where officers made passengers “put their hands behind their backs while they searched their suitcases.” As a result of these delays totaling four days since his assigned travel date, he missed his job interview and found out that someone else was hired. He is currently unemployed in Gaza.
Given the uncertainty of crossing at Rafah, Gaza residents said that they often wait to book their flight out of Cairo until they arrive. Booking so late often means, beyond other obstacles, having to wait until they can find a reasonably priced and suitable flight, planning extra days for travel and spending extra money on changeable or last-minute tickets. Similar dynamics prevail with regard to travel abroad via Erez to Amman.
Human Rights Watch interviewed four men under the age of 40 with visas to third countries, whom Egyptian authorities allowed entry only for the purpose of transit. The authorities transported these men to Cairo airport and made them wait in what is referred to as the “deportation room” until their flight time. The men likened the room to a “prison cell,” with limited facilities and unsanitary conditions. All described a system in which bribes are required to be able to leave the room to book a plane ticket, get food, drinks, or a cigarette, and avoid abuse. One of the men described an officer taking him outside the room, asking him, “Won’t you give anything to Egypt?” and said that others in the room told him that he then proceeded to do the same with them
EINDE ARTIKEL
”“Israel has the responsibility as the Occupying Power to protect the civilian population. But instead of allowing a healthy people and economy to flourish, Israeli authorities have sealed off the Gaza Strip”
GENEVA, 14 June 2013 – The United Nations Special Rapporteur on the situation of human rights in the Palestinian territories occupied by Israel since 1967, Richard Falk, called today on Israel to end its blockade over the Gaza Strip, six years after it was tightened following the Hamas takeover in June 2007. The human suffering of the land, sea and air blockade imposed on the 1.75 million Palestinians living in one of the most densely populated and impoverished areas of the world has been devastating.
“Six years of Israel’s calculated strangulation of the Gaza Strip has stunted the economy and has kept most Gazans in a state of perpetual poverty and aid dependency,” said the UN expert. “Whether it is fishermen unable to go beyond six nautical miles from the shore, farmers unable to access their land near the Israeli fence, businessmen suffering from severe restrictions on the export of goods, students denied access to education in the West Bank, or patients in need of urgent medical attention refused access to Palestinian hospitals in the West Bank, the destructive designs of blockade have been felt by every single household in Gaza. It is especially felt by Palestinian families separated by the blockade,” he added.
“The people of Gaza have endured the unendurable and suffered what is insufferable for six years. Israel’s collective punishment of the civilian population in Gaza must end today,” said the Special Rapporteur.
“Israel has the responsibility as the Occupying Power to protect the civilian population. But instead of allowing a healthy people and economy to flourish, Israeli authorities have sealed off the Gaza Strip. According to statistics released by the Israeli Ministry of Defense, last month’s exports out of Gaza consisted of 49 truckloads of empty boxes, three truckloads of spices, one truckload of cut flowers, and one truckload of furniture,” he said. In 2012, the total number of truckloads of exports leaving Gaza was 254, compared to 9,787 in 2005 before the tightening of the blockade.
“It does not take an economist to figure out that such a trickle of goods out of Gaza is not the basis of a viable economy,” noted the UN expert. “The easing of the blockade announced by Israel in June 2010 after its deadly assault on the flotilla of ships carrying aid to the besieged population resulted only in an increase in consumer goods entering Gaza, and has not improved living conditions for most Gazans. Since 2007, the productive capacity of Gaza has dwindled with 80 percent of factories in Gaza now closed or operating at half capacity or less due to the loss of export markets and prohibitively high operating costs as a result of the blockade. 34 percent of Gaza’s workforce is unemployed including up to half the youth population, 44 percent of Gazans are food insecure, 80 percent of Gazans are aid recipients,” he said.
“To make matters worse, 90 percent of the water from the Gaza aquifer is unsafe for human consumption without treatment, and severe fuel and electricity shortage results in outages of up to 12 hours a day. Only a small proportion of Gazans who can afford to obtain supplies through the tunnel economy are buffered from the full blow of the blockade, but tunnels alone cannot meet the daily needs of the population in Gaza.”
“Last year, the United Nations forecast that under existing conditions, Gaza would be uninhabitable by 2020. Less optimistic forecasts presented to me were that the Gaza Strip may no longer be viable only three years from now,” said the Special Rapporteur. “It’s clear that the Israeli authorities set out six years ago to devitalize the Gazan population and economy,” he said, referring to a study undertaken by the Israeli Ministry of Defense in early 2008 detailing the minimum number of calories Palestinians in Gaza need to consume on a daily basis to avoid malnutrition. The myriad of restrictions imposed by Israel do not permit civilians in Gaza to develop to their full potential, and enjoy and exercise fully their human rights.
ENDS
In 2008, the UN Human Rights Council designated Richard Falk (United States of America) as the fifth Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967. The mandate was originally established in 1993 by the UN Commission on Human Rights.
”Despite the 2005 Israeli disengagement from Gaza,[26] the United Nations, international human rights organisations, and the majority of governments and legal commentators consider the territory to be still occupied by Israel, supported by additional restrictions placed on Gaza by Egypt. Israel maintains direct external control over Gaza and indirect control over life within Gaza: it controls Gaza’s air and maritime space, as well as six of Gaza’s seven land crossings”
WIKIPEDIA
GAZA STRIP
https://en.wikipedia.org/wiki/Gaza_Strip
”Under the “Disengagement” Plan, Gazans will still be subjected to the effective control of the Israeli military. Although Israel will supposedly remove its permanent military presence, Israeli forces will retain the ability and right to enter the Gaza Strip at will.[28]
Further, Israel will retain control over Gaza’s airspace, sea shore, and borders.[29] Under the Plan, Israel will unilaterally control whether or not Gaza opens a seaport or an airport. Additionally, Israel will control all border crossings, including Gaza’s border with Egypt.[30] And Israel will “continue its military activity along the Gaza Strip’s coastline.”[31] Taken together, these powers mean that all goods and people entering or leaving Gaza will be subject to Israeli control. ”
UNITED NATIONS
THE QUESTION OF PALESTINE
THE ISRAELI ”DISENGAGEMENT” PLAN”GAZA STILL OCCUPIED
THE ISRAELI “DISENGAGEMENT” PLAN: GAZA STILL OCCUPIED
UPDATED SEPTEMBER 2005
“The significance of the disengagement plan is the freezing of the peace process . . . . Effectively, this whole package called the Palestinian state, with all that it entails, has been removed indefinitely from our agenda . . . . All with a presidential blessing and the ratification of both houses of Congress.”.”
– Dov Weisglass, Senior Advisor to Israeli Prime Minister Ariel Sharon
Legal Analysis:
Israel’s “Disengagement” plan from the Gaza Strip states that once fully enacted “there will be no basis to the claim that the Strip is occupied land,”[1] even though the Plan envisages indefinite Israeli military and economic control over the Gaza Strip. over the Gaza Strip.
Israel’s eagerness to declare an end to the Gaza Strip’s occupation illustrates the strategy behind the Plan. First, Israel seeks to proclaim an end to the Gaza Strip’s occupation—ostensibly in order to absolve Israel of all legal responsibilities as an “occupying power”—while simultaneously retaining effective military control over the Gaza Strip and its inhabitants. Second, it hopes to garner international support for retaining and even expanding illegal colonies in the Occupied West Bank in exchange for a withdrawal from Gaza. This strategy’s success was most apparent in the April 14, 2004 Bush-Sharon press conference during which President Bush praised Sharon’s withdrawal plan and announced that “existing Israeli population centers” in Occupied Palestinian Territory would become part of Israel in any permanent status agreement.[2] Third, as Israeli Bureau Chief Dov Weisglass confessed, Israel hopes to indefinitely freeze the peace process.
Variations of this strategy are not new: during the interim period of the Oslo Accords, Israel similarly carved away Palestinian population centers while retaining control over Palestinian movement, economy, and natural resources. Although Israel maintained effective military control over the evacuated areas (“Area A”)—and was therefore legally bound by its legal obligations as an occupying power—some Israeli government advisors argued that Area A was no longer occupied territory and absolved themselves of all legal responsibility.[3] In public and even some diplomatic discourse the occupation disappeared,
occupied territory became “disputed” territory, and the conflict was no longer one between an occupying power and an occupied population but rather a land dispute between two equal parties.
Notwithstanding the terms of the Plan, Israel will remain an occupying power under international law after disengagement from Gaza and is therefore bound by the obligations of an Occupying Power under international customary law and the Fourth Geneva Convention.
This updated legal analysis was originally released in October 2004 and is still accurate today, despite recent developments along the occupied Gaza Strip’s border with Egypt and coordination activities with the Palestinian Authority.
I. ISRAEL OCCUPIES THE GAZA STRIP
A. Israel Occupies the Palestinian Territories
The term “occupation” describes a regime of control over territory and population by a foreign sovereign’s military.[4] When a foreign sovereign occupies land, international law obligates that sovereign to uphold basic standards to protect both the population under its control and the land on which that population lives.[5]
The Hague Regulations of 1907 set forth the basic legal standard: “Territory is occupied when it has actually been placed under the authority of the hostile army. The occupation only extends to the territory where such authority has been established and can be exercised.”[6] This definition represents customary international law [7] and has been reaffirmed and expounded upon at the Nuremberg Tribunal,[8] in the Fourth Geneva Convention (1949) and in its First Additional Protocol (1979),[9] in state practice, in United Nations’ resolutions, and in the judgment of the International Court of Justice.[10]
In June 1967, the Israeli military took control over the West Bank, including East Jerusalem, and the Gaza Strip (together, the “Palestinian Territories”).[11] Ever since, Israel has maintained actual and effective control over the Palestinian Territories and the indigenous Palestinian population thereon. Consequently, Israel belligerently occupies the Palestinian Territories as a matter of law.
B. The International Community Recognizes Israel as the Occupying Power of the Palestinian Territories
Since 1967, the International Community has consistently held that Israel occupies the Palestinian Territories. United Nations Security Council resolution 242 called, in part, for Israel to withdraw from territories it “occupied.”[12] Since then, the international community—including the United States[13] —has consistently reaffirmed that the territories, including East Jerusalem, are “occupied” as a matter of law. Indeed, both the U.N. Security Council and the General Assembly reiterated in May 2004 that the Palestinian Territories are “occupied” as a matter of law.[14]
C. Israel’s Supreme Court Recognizes Israel as the Occupying Power of the Palestinian Territories
The Israeli Supreme Court routinely refers to the Palestinian Territories [15] as occupied and selectively enforces international law with respect to the Israeli military presence there.[16]
In 1979, for example, the Israeli Supreme Court stated: “This is a situation of belligerency and the status of [Israel] with respect to the occupied territory is that of an Occupying Power.”[17] In 2002, the Israeli Supreme Court held again that the West Bank and Gaza Strip “are subject to a belligerent occupation by the State of Israel.”[18]
Most recently, in June, 2004, the Israeli Supreme Court reaffirmed that the Territories are occupied under international law.[19] In order to find the putative legal authority to confiscate thousands of acres of Palestinian land to construct its Wall, the High Court proclaimed: “Since 1967, Israel has been holding [the Palestinian Territories] in belligerent occupation.”[20]
Therefore, even though Israeli politicians may rhetorically dispute Israel’s occupation of the Palestinian Territories, Israeli courts continually recognize the Israeli military as the Occupying Power of the Palestinian Territories.
D. The International Court of Justice Recognizes Israel as the Occupying Power
In July 2004, the International Court of Justice held that “. . .[t]he territories occupied by Israel have for over 37 years been subject to its territorial jurisdiction as the occupying Power.”[21]
E. Israel Remains an Occupying Power under the Oslo Accords
Israel maintained effective military control over the Palestinian Territories during the Oslo period (roughly 1993-2000), satisfying the general international legal standard for occupation. During Oslo, the Israeli military continued land confiscation and nearly doubled the population of its illegal colonies. Further, it continued building bypass roads and infrastructure, rendered Palestinian movement even more difficult, and frequently conducted military operations in and around the areas in which it had putatively ceded control.
Since Oslo, the erection of Israel’s wall inside the Occupied West Bank provides another example of Israel’s ongoing control over Palestinians and their land.[22] The Wall—a regime of concrete, electrified fences, trenches, razor wire and sniper towers—effectively divides Palestinians from their agricultural and water resources, limits access of Palestinians to their property and restricts the freedom of movement of Palestinians within their own territory.
Moreover, the Oslo Accords specifically affirmed that the Palestinian Territories would remain under Israeli occupation until the conclusion and implementation of a final peace treaty. Although the Accords permitted limited self-administration for some Palestinians, the Accords expressly reiterated that the Gaza Strip and the West Bank will continue to be considered one territorial unit, and that withdrawal from Palestinian population centers will do nothing “to change the status” of the West Bank and Gaza Strip for the duration of the Accords.[23]
Finally, the United Nations,[24] the international community,[25] the Israeli Supreme Court,[26] and the International Court of Justice all held during and after Oslo that Israel continues to occupy the West Bank and Gaza Strip. The ICJ specifically emphasized that “[s]ubsequent events [to 1967’s War]…have done nothing to alter [the status of occupation].”[27]
II. THE GAZA STRIP REMAINS OCCUPIED TERRITORY EVEN IMPLEMENTATION OF THE “DISENGAGEMENT” PLAN
A. Israel Will Retain Effective Control over the Gaza Strip and Will Therefore Remain the Occupying Power
Under the “Disengagement” Plan, Gazans will still be subjected to the effective control of the Israeli military. Although Israel will supposedly remove its permanent military presence, Israeli forces will retain the ability and right to enter the Gaza Strip at will.[28]
Further, Israel will retain control over Gaza’s airspace, sea shore, and borders.[29] Under the Plan, Israel will unilaterally control whether or not Gaza opens a seaport or an airport. Additionally, Israel will control all border crossings, including Gaza’s border with Egypt.[30] And Israel will “continue its military activity along the Gaza Strip’s coastline.”[31] Taken together, these powers mean that all goods and people entering or leaving Gaza will be subject to Israeli control.
Finally, Israel will prevent Gazans from engaging in international relations.[32] Accordingly, if it enacts the “Disengagement” Plan as envisaged, Israel will effectively control Gaza—administratively and militarily.[33] Therefore, Israel will remain the Occupying Power of the Gaza Strip.
B. Israel Will Remain the Occupying Power of the Gaza Strip so long as Israel Retains the Ability to Exercise Authority over the Strip
In The Hostages Case, the Nuremburg Tribunal expounded upon The Hague Regulations’ basic definition of occupation in order to ascertain when occupation ends.[34] It held that “[t]he test for application of the legal regime of occupation is not whether the occupying power fails to exercise effective control over the territory, but whether it has the ability to exercise such power.”[35] In that case, the Tribunal had to decide whether Germany’s occupation of Greece and Yugoslavia had ended when Germany had ceded de facto control to non-German forces of certain territories. Even though Germany did not actually control those areas, the Tribunal held that Germany indeed remained the “occupying power”—both in Greece and Yugoslavia generally and in the territories to which it had ceded control—since it could have reentered and controlled those territories at will.
Similarly, Israel will retain ultimate authority over Gaza and to a much greater degree than Germany in The Hostages Case: The Israeli military expressly reserves itself the right to enter the Gaza Strip at will. Further, Israel will not just retain the ability to exercise control over Gaza, but it will also retain effective control over Gaza’s borders, air and sea space, overall security, and international relations.
Moreover, even if Israel should devolve some of its duties to third parties—either as co-occupying powers or as designees—Israel will remain an occupying power so long as it retains the ability to effectively control the Gaza Strip at will, whether with Israel’s own troops or those of its agents or partners.
C. As an Occupying Power, Israel Must Protect Palestinians and Their Lands
Since Israel will continue to occupy the Gaza Strip, Israel will still be bound by its obligations under International Law—namely 1907’s Hague Regulations, the Fourth Geneva Convention, and international customary law. Under international law, an occupying power must uphold certain obligations to the people and land it occupies. For example, an occupying power must maintain the status quo of occupied territory and may never unilaterally annex territory or transfer its civilian population into occupied territory.[36] Moreover, the occupying power’s activity in occupied territory must, inter alia, be for the benefit of the population it occupies.[37]
Nevertheless, the absence of a “permanent” Israeli military presence and illegal settlers will mark a significant change in Gaza’s 37-year-history of belligerent Israeli occupation. The Fourth Geneva Convention does indeed contemplate changes in the degree of occupation; changes in circumstances, however, do not necessarily translate into the end of occupation.[38] Since Israel will retain such a high-degree of administrative and military authority over Gaza—control over air space, sea space, the provision of public utility services, all border crossings, military security, and international relations[39]—Israel will still be bound to all relevant provisions of the Fourth Geneva Convention, 1907’s Hague Regulations, and applicable customary international law.[40]
III. THE STRATEGY BEHIND THE DISENGAGEMENT PLAN
A. THE DISENGAGEMENT PLAN IS DEMOGRAPHICALLY MOTIVATED
Israel’s greatest battle is not against “terrorism,” but against demography. Statistical analyses project that Palestinian Christians and Muslims will comprise the majority of persons in Israel and the Occupied Palestinian Territories by the year 2020.[41] If Israel wants to remain a “Jewish state,” then it will be very difficult to maintain its Jewish identity if an ethno/religious minority continues to rule over an ethnic majority. Israeli journalist David Landau noted in a statement made to a British journalist that the Gaza plans represents “the simplest, crudest solution [to Israel’s demographic time bomb]: to dump Gaza and its 1.3 million Arabs in the hope that that would ‘buy’ [Israel] 50 more years.”[42]
Therefore, one of the primary motivations behind Israel’s “Disengagement” Plan is to “dump” 1.3 million non-Jews while illegally confiscating as much Palestinian land in the West Bank as possible.
B. ISRAEL SEEKS TO CONSOLIDATE GAINS IN THE WEST BANK IN EXCHANGE FOR “CONCESSIONS” IN GAZA
While the world publicly debates the “Disengagement” Plan, Israel has been constructing the Wall in the Occupied West Bank. The Wall severs Palestinians from their lands, communities, and homes, while illegally appropriating more land and natural resources for Israeli colonies. In addition, Israel continues to expand illegal colonies in the Occupied West Bank. Since the ICJ issued its ruling on July 9, 2004 holding that the colonies are illegal, Israel has announced tenders for more than 2,300 housing units in the West Bank.
The success of Israel’s strategy became evident during a press conference on April 14, 2004, when U.S. President Bush, ostensibly in an effort to support the Gaza Plan, endorsed Israel’s plans to keep illegal West Bank colonies (which he termed “Israeli population centers”) in any permanent status agreement. President Bush further expressed U.S. opposition for Palestinian refugees’ right to return to homes and property inside Israel, which international law guarantees to them.
Unlike the Gaza settlements, however, the West Bank settlements that Israel would keep “in exchange” for its unilateral withdrawal from Gaza house tens of thousands of illegal colonists and stretch many miles into Occupied Palestinian Territory. In fact, just as Israel has evacuated 8,500 settlers from the occupied Gaza Strip and parts of the northern West Bank, it has embarked on plans to make room for 30,000 new settlers this year alone, primarily in and around occupied East Jerusalem.
Thus, Israel will demographically, and perhaps permanently, entrench its presence in the West Bank. Therefore, the Gaza withdrawal plan has less to do with what Israel is giving up in Gaza and more to do with what Israel plans on taking from the West Bank.
IV. CONCLUSION: CONSTRUCTIVE SOLUTIONS
Israel will retain effective military, economic, and administrative control over the Gaza Strip and will therefore continue to occupy the Gaza Strip—even after implementation of its “Disengagement Plan” as proposed. Because Israel will continue to occupy Gaza, it will still be bound by the provisions of 1907’s Hague Regulations, the Fourth Geneva Convention and relative international customary law.
This is not to say, however, that removing Gaza’s settlers or reducing the Israeli military presence in and around the Gaza Strip could not usher in a better age for Palestinians and Israelis alike. Palestinians appreciate any movement on Israel’s part towards compliance with international law. Compliance with international law brings Palestinians closer to liberation and the region closer to stability. By providing non-violent channels to achieve fair results, international law helps silence extremist positions and activity while bringing both sides closer to a negotiated peace. Additionally, respect for international law affirms the credibility of more powerful nations who routinely invoke it as the legitimate basis for their own actions.
Israel’s “Disengagement” Plan however does not represent a good faith effort at advancing peace. Rather, Israel is selectively complying with some international legal standards in the Gaza Strip to preempt criticism for massive violations in the West Bank (including East Jerusalem). In so doing, Israel ensures that the conflict will continue and perhaps intensify. If Israel maintains effective control over the Gaza Strip, denying it the ability to develop internally or trade externally, Gaza could become a greater humanitarian disaster than it already is. Or if Israel eventually proclaims Gaza the “State of Palestine,” the freedom guaranteed under international law might become ever more distant for Palestinians elsewhere.
The international community should ensure that whatever unilateral measures Israel takes conform to international law and are not used to justify violations of international law elsewhere.
Today, however, Israel is making room for over 30,000 new settlers in the occupied West Bank this year alone, especially in and around occupied East Jerusalem—or almost four times the number of settlers that were evacuated from the occupied Gaza Strip as part of “Disengagement.”
We now have an historic opportunity for peace in the Middle East. Rather than an illegal declaration of an end of occupation on less than 4% of the Palestinian territory that Israel occupies, Israel should join the new Palestinian Leadership in negotiating an end of conflict.
Peace is the best security for both Palestinians and Israelis and the only secure peace is an agreed peace. We know the contours of any final status agreement; we have the opportunity; and both the Palestinian and Israeli people have the will. An immediate return to bilateral negotiations, with the international community as mediator, would help to bring permanent and positive change to the Middle East.
[2] George W. Bush, Letter of Assurances to Israeli Prime Minister Ariel Sharon,
[3]See, e.g., Dore Gold, From ‘Occupied Territories’ to ‘Disputed Territories,’ January, 2002, available at <http://www.jcpa.org/jl/vp470.htm>, last checked July 25, 2004. Cf. Joel Singer, legal adviser to the Israeli Ministry of Foreign Affairs, who stated after the signing of the Oslo Accords that “notwithstanding the transfer of a large portion of the powers and responsibilities currently exercised by Israel to Palestinian hands, the status of the West Bank and Gaza Strip will not be changed during the interim period.” Joel Singer, “The Declaration of Principles on Interim Self-Government Arrangements,” I Justice 4, 6 (Int’l Assn of Jewish Lawyers and Jurists, 1994).
[4] Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulation concerning the Laws and Customs of War on Land, 3 Martens Nouveau Recueil (ser. 3) 461, 187 Consol. T.S. 227, entered into force Jan. 26, 1910, hereinafter “The Hague Convention.”
[5] Customary international law governs these basic obligations, which are articulated in 1907’s Hague Convention, 1949’s Fourth Geneva Convention, and 1977’s First Protocol to the Fourth Geneva Convention.
[7] Robbie Savel, The Problematic Fourth Geneva Convention: Rethinking the International Law of Occupation, The Jurist, available at <http://jurist.law.pitt.edu/forum/forumnew120.php>, last checked June 9, 2004 (asserting that the Hague Regulations have achieved status as customary international law—that is, a set of binding international norms recognized by the community of nations—and that most of the provisions of the Fourth Geneva Convention and its 1st Additional Protocol have also achieved that status).
[8] U.S. v. Wilhelm List, Nuremberg Tribunal, 1948.
[9] Geneva Convention relative to the protection of Civilian Persons in Time of War, 75 U.N.T.S 287 (1949); Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I), 1125 U.N.T.S. 3 (1979).
[11] Israel also assumed control over Syria’s Golan Heights and Egypt’s Sinai Peninsula. While Israel returned the Sinai to Egypt, Israel still occupies Syria’s Golan Heights.
[12] United Nations Security Council Resolution 242 (1967).
[13]See, e.g., U.S. State Department Country Report on Israel and the Occupied Territories, 2003, released February 25, 2004, available at <http://www.state.gov/g/drl/rls/hrrpt/2003/27929.htm#occterr>, last checked June 27, 2004 (referring to the West Bank, Gaza, and East Jerusalem as “occupied territories”).
[14] United Nations Security Council resolution 1544 (2004) (cites Israel’s obligations as an “occupying Power” under international law and references the Territories “occupied” since 1967); United Nations General Assembly resolution 58/292 (2004) (affirming “that the status of the Palestinian Territory occupied since 1967, including East Jerusalem, remains one of military occupation”).
[15] Israel, however, claims to have annexed East Jerusalem and the Golan Heights pursuant to domestic Israeli law, which the international community has rejected en masse. See, e.g., United Nations Security Council Resolution 252.
[16] Although the Israeli Supreme Court does recognize Palestinian territories as “occupied” under international law, it does not recognize de jure application of the Fourth Geneva Convention, contrary to universal international opinio juris. For a discussion on this distinction and its lack of legal foundation, see Claude Bruderlein, “Legal Aspects of Israel’s Disengagement Plan under International Humanitarian Law,” Harvard University Program on Humanitarian Policy and Conflict Research (August, 2004).However, the Supreme Court selectively does apply some humanitarian provisions of the Fourth Geneva Convention.
[17] 606 Il. H.C. 78, Ayub, et al. v. Minister of Defence, et al. (The Beth Case); 610 Il. H.C. 78, Matawa et al. v. Minister of Defence, et al. (The Bekaot Case), reprinted in Antoine Bouvier and Marco Sassoli, How Does Law Protect in War? Cases, Documents and Teaching Materials on Contemporary Practice in International Humanitarian Law, International Committee of the Red Cross, pps. 812-817, Geneva, 1999, hereinafter “ICRC 1999.” Ironically, the Supreme Court terms the Palestinian Territories “occupied” so that it can confiscate Palestinian land: Under the Law of Occupation, the occupying power’s military boasts authority to temporarily confiscate land necessary to achieve military objectives.
[26]See notes 15 et seq. and accompanying text, emphasizing, however, that the Israeli Supreme Court does not consider East Jerusalem or the Golan Heights to be “occupied,” since Israel unilaterally annexed those territories, which the international community recognizes as “null and void.” See, e.g., United Nations Security Council Res. 478 (1980).
[27] Int’l C.J. Advisory Opinion on the L. Consequences of the Construction of a Wall in the Occupied Palestinian Territory, at 78 (2004).
[28] Sharon’s Gaza Disengagement Plan, May 28, 2004, Section III.A.3(stating that “[t]he State of Israel reserves the basic right to self defense, which includes taking preventive measures as well as the use of force against threats originating in the Gaza Strip”).
[33] Claude Bruderlein, “Legal Aspects of Israel’s Disengagement Plan under International Humanitarian Law,” Harvard University Program on Humanitarian Policy and Conflict Research (August, 2004), available upon request.
[40]See, e.g., International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the Convention of the Rights of Child.
[41] See, e.g., Jonathan Freedland, A Gift of Dust and Bones: Sharon’s Plan for a Pullout Owes More to Demographic Shifts than a Belated Conversion to Peace-Making, The Guardian, Wed. June 2, 2004.
When a territory is placed under the authority of a hostile army, the rules of international humanitarian law dealing with occupation apply. Occupation confers certain rights and obligations on the occupying power.
Prohibited actions include forcibly transferring protected persons from the occupied territories to the territory of the occupying power. It is unlawful under the Fourth Geneva Convention for an occupying power to transfer parts of its own population into the territory it occupies. This means that international humanitarian law prohibits the establishment of settlements, as these are a form of population transfer into occupied territory. Any measure designed to expand or consolidate settlements is also illegal. Confiscation of land to build or expand settlements is similarly prohibited.
”The establishment of the settlements contravenes international humanitarian law (IHL), which states that an occupying power may not relocate its own citizens to the occupied territory or make permanent changes to that territory, unless these are needed for imperative military needs, in the narrow sense of the term, or undertaken for the benefit of the local population.”
The illegality of the Israeli settlements is based on article 49, Fourth Geneva Convention and on the Hague Convention of 1907
THE FOURTH GENEVA CONVENTION, ARTICLE 49
”Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.”
Art. 55. The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.
CONVENTION RESPECTING THE LAWS AND CUSTOMS OF WARON LAND AND ITS ANNEX: REGULATIONS CONCERNINGTHE LAWS AND CUSTOMS OF WAR ON LAND
Israel’s policy of settling its civilians in occupied Palestinian territory and displacing the local population contravenes fundamental rules of international humanitarian law.
Article 49 of the Fourth Geneva Convention states: “The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.” It also prohibits the “individual or mass forcible transfers, as well as deportations of protected persons from occupied territory”.
The situation in the OPT is primarily governed by two international legal regimes: international humanitarian law (including the rules of the law of occupation) and international human rights law. International criminal law is also relevant as some serious violations may constitute war crimes.
STATUS OF SETTLEMENTS UNDER INTERNATIONAL LAW
Israel’s policy of settling its civilians in occupied Palestinian territory and displacing the local population contravenes fundamental rules of international humanitarian law.
Article 49 of the Fourth Geneva Convention states: “The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.” It also prohibits the “individual or mass forcible transfers, as well as deportations of protected persons from occupied territory”.
The extensive appropriation of land and the appropriation and destruction of property required to build and expand settlements also breach other rules of international humanitarian law. Under the Hague Regulations of 1907, the public property of the occupied population (such as lands, forests and agricultural estates) is subject to the laws of usufruct. This means that an occupying state is only allowed a very limited use of this property. This limitation is derived from the notion that occupation is temporary, the core idea of the law of occupation. In the words of the International Committee of the Red Cross, the occupying power “has a duty to ensure the protection, security, and welfare of the people living under occupation and to guarantee that they can live as normal a life as possible, in accordance with their own laws, culture, and traditions.”
The Hague Regulations prohibit the confiscation of private property. The Fourth Geneva Convention prohibits the destruction of private or state property, “except where such destruction is rendered absolutely necessary by military operations”.
As the occupier, Israel is therefore forbidden from using state land and natural resources for purposes other than military or security needs or for the benefit of the local population. The unlawful appropriation of property by an occupying power amounts to “pillage”, which is prohibited by both the Hague Regulations and Fourth Geneva Convention and is a war crime under the Rome Statute of the International Criminal Court and many national laws.
Israel’s building of settlements in the West Bank, including in East Jerusalem, does not respect any of these rules and exceptions. Transferring the occupying power’s civilians into the occupied territory is prohibited without exception. Furthermore, as explained earlier, the settlements and associated infrastructure are not temporary, do not benefit Palestinians and do not serve the legitimate security needs of the occupying power. Settlements entirely depend on the large-scale appropriation and/or destruction of Palestinian private and state property which are not militarily necessary. They are created with the sole purpose of permanently establishing Jewish Israelis on occupied land.
In addition to being violations of international humanitarian law, key acts required for the establishment of settlements amount to war crimes under the Rome Statute of the International Criminal Court. Under this body of law, the “extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly” and the “transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory” constitute war crimes. As stated above, “pillage” is also a war crime under the Rome Statute.
Israel’s settlement policy also violates a special category of obligations entitled peremptory norms of international law (jus cogens) from which no derogation is permitted. The International Court of Justice (ICJ) affirmed that the rules of the Geneva Conventions constitute “intransgressible principles of international customary law”. Only a limited number of international norms acquire this status, which is a reflection of the seriousness and importance with which the international community views them. Breaches of these norms give rise to certain obligations on all other states, or “third states”, which are explained below.
SETTLEMENTS, DISCRIMINATION AND HUMAN RIGHTS VIOLATIONS
States have a duty to respect, protect and fulfil the human rights of people under their jurisdiction, including people living in territory that is outside national borders but under the effective control of the state. The ICJ confirmed that Israel is obliged to extend the application of the International Convention on Civil and Political Rights, the International Convention on Economic, Social and Cultural Rights and other treaties to which it is a state party to people in the OPT. Israel is a state party to numerous international human rights treaties and, as the occupying power, it has well defined obligations to respect, protect and fulfil the human rights of Palestinians.
However, as has been well documented for many years by the UN, Amnesty International and other NGOs, Israel’s settlement policy is one of the main driving forces behind the mass human rights violations resulting from the occupation. These include:
Violations of the right to life: Israeli soldiers, police and security guards have unlawfully killed and injured many Palestinian civilians in the OPT, including during protests against the confiscation of land and the construction of settlements. UN agencies and fact-finding missions have also expressed concern about violence perpetrated by a minority of Israeli settlers aimed at intimidating Palestinian populations.
Violations of the rights to liberty, security of the person and equal treatment before the law: Amnesty International has documented how Palestinians in the OPT are routinely subjected to arbitrary detention, including through administrative detention. Whereas settlers are subject to Israeli civil and criminal law, Palestinians are subject to a military court system which falls short of international standards for the fair conduct of trials and administration of justice.
Violations of the right to access an effective remedy for acts violating fundamental rights: Israel’s failure to adequately investigate and enforce the law for acts of violence against Palestinians, together with the multiple legal, financial and procedural barriers faced by Palestinians in accessing the court system, severely limit Palestinians’ ability to seek legal redress. The Israeli High Court of Justice has failed to rule on the legality of settlements, as it considered the settlements to be a political issue that that it is not competent to hear.
Violations of the rights to freedom of expression and peaceful assembly: Amnesty International has documented Israel’s use of military orders to prohibit peaceful protest and criminalize freedom of expression in the West Bank. Israeli forces have used tear gas, rubber bullets and occasionally live rounds to suppress peaceful protests.
Violations of the rights to equality and non-discrimination: Systematic discrimination against Palestinians is inherent in virtually all aspects of Israel’s administration of the OPT. Palestinians are also specifically targeted for a range of actions that constitute human rights violations. The Israeli government allows settlers to exploit land and natural resources that belong to Palestinians. Israel provides preferential treatment to Israeli businesses operating in the OPT while putting up barriers to, or simply blocking, Palestinian ones. Israeli citizens receive entitlements and Palestinians face restrictions on the grounds of nationality, ethnicity and religion, in contravention of international standards.
The Israeli authorities have created a discriminatory urban planning and zoning system. Within Area C, where most settlement construction is based, Israel has allocated 70% of the land to settlements and only 1% to Palestinians. In East Jerusalem, Israel has expropriated 35% of the city for the construction of settlements, while restricting Palestinians to construct on only 13% of the land. These figures clearly illustrate Israel’s use of regulatory measures to discriminate against Palestinian residents in Area C.
The UN has also pointed to discrimination against Palestinians in the way in which the criminal law is enforced. While prosecution rates for settler attacks against Palestinians are low, suggesting a lack of enforcement, most cases of violence against Israeli settlers are investigated and proceed to court.
Violations of the right to adequate housing: Since 1967, Israel has constructed tens of thousands of homes on Palestinian land to accommodate settlers while, at the same time, demolishing an estimated 50,000 Palestinian homes and other structures, such as farm buildings and water tanks. Israel also carries out demolitions as a form of collective punishment against the families of individuals accused of attacks on Israelis. In East Jerusalem, about 800 houses have been demolished since 2004 for lack of permits. Israel also confiscates houses inhabited by Palestinians in the city to allocate them to settlers. By forcibly evicting and/or demolishing their homes without providing adequate alternative accommodation, Israel has failed in its duty to respect the right to adequate housing of thousands of Palestinians.
Violations of the right to freedom of movement: Many restrictions on freedom of movement for Palestinian residents are directly linked to the settlements, including restrictions aimed at protecting the settlements and maintaining “buffer zones”. Restrictions include checkpoints, settler-only roads and physical impediments created by walls and gates.
Violations of the rights of the child: Every year, 500-700 Palestinian children from the occupied West Bank are prosecuted in Israeli juvenile military courts under Israeli military orders. They are often arrested in night raids and systematically ill-treated. Some of these children serve their sentences within Israel, in violation of the Fourth Geneva Convention. The UN has also documented that many children have been killed or injured in settler attacks.
Violations of the right to enjoyment of the highest attainable standard of physical and mental health: Restrictions on movement limit Palestinians’ access to health care. Specialists working with Palestinian populations have also documented a range of serious mental health conditions that stem from exposure to violence and abuse in the OPT.
Violations of the right to water: Most Palestinian communities in Area C are not connected to the water network and are prevented from repairing or constructing wells or water cisterns that hold rainwater. Water consumption in some Area C communities is reported by the UN to be 20% of the minimum recommended standard. Israel’s failure to ensure Palestinian residents have a sufficient supply of clean, safe water for drinking and other domestic uses constitutes a violation of its obligations to respect and fulfil the right to water.
Violations of the right to education: Palestinian students face numerous obstacles in accessing education, including forced displacement, demolitions, restrictions on movement and a shortage of school places. An independent fact-finding mission in 2012 noted an “upward trend” of cases of settler attacks on Palestinian schools and harassment of Palestinian children on their way to and from school. Such problems can result in children not attending school and in a deterioration in the quality of learning.
Violations of the right to earn a decent living through work: The expansion of settlements has reduced the amount of land available to Palestinians for herding and agriculture, increasing the dependency of rural communities on humanitarian assistance. Settler violence and the destruction of Palestinian-owned crops and olive trees have damaged the livelihoods of farmers. The UN has reported that in Hebron city centre, the Israeli military has forced 512 Palestinian businesses to close, while more than 1,000 others have shut down due to restricted access for customers and suppliers.
SUSTAINED INTERNATIONAL CONDEMNATION
Most states and international bodies have long recognized that Israeli settlements are illegal under international law. The European Union (EU) has clearly stated that: “settlement building anywhere in the occupied Palestinian Territory, including East Jerusalem, is illegal under international law, constitutes an obstacle to peace and threatens to make a two-state solution impossible.”
The settlements have been condemned as illegal in many UN Security Council and other UN resolutions. As early as 1980, UN Security Council Resolution 465 called on Israel “to dismantle the existing settlements and, in particular, to cease, on an urgent basis, the establishment, construction and planning of settlements in the Arab territories occupied since 1967, including Jerusalem.” The International Committee of the Red Cross and the Conference of High Contracting Parties to the Fourth Geneva Convention have reaffirmed that settlements violate international humanitarian law. The illegality of the settlements was recently reaffirmed by UN Security Council Resolution 2334, passed inDecember 2016, which reiterates the Security Council’s call on Israel to cease all settlement activities in the OPT. The serious human rights violations that stem from Israeli settlements have also been repeatedly raised and condemned by international bodies and experts.
Reacties uitgeschakeld voor The Israeli settlements in the occupied Palestinian territories are illegal under International Law/Why?
CHRISTMAS MESSAGE 2022/TEN YEARS WANDERING THROUGH AMSTERDAM/TEN YEARS REFUGEE VICTIMS OF THE SADISTIC DUTCH GOVERNMENT
A Poor Couple on their way to their PLace of Birth, on the orders of a foreign occupier, who wants to registrate the occupied people.
So is nthe World.
Rulers want to have, they NEED control on everything and everyone.
It is a journey full of hardships, the Wife is pregnant and travels
on the only way poor people can, when they are not walking:
On a Donkey.
And of course she can not walk, for she is full of
Child and the Birth can happen anytime.
When they arrive in their PLace of Birth, there is nowhere a shelter
or Place and the Mother is obliged to deliver her Child in a sort
of Cave, facilitated by a compassionate innkeeper
The Couple gets a warm welcome, not by the authorities,
who don’t care about poor people [just as in our Times],
but by common people.
Like shepherds and local residents.
But also by three Wise Men, who were intrigued by a
miraculous natural phenomenon……
But Hardship is not the end of their Trouble, for the Couple has
to flee, because the occupiers puppet king wants to kill
the newborn child, since a prediction says, that a child, born in
that city, will overshadow the king, when it grows up.
They flee to Egypt, where they can take shelter until
the Danger is over.
Glad for them, that they lived two thousand years ago:
For in this Time, they were, fleeing from Asia [where their
country is situated] stopped at some Wall or deported again [1]
especially when they had the nerves to go to Europe……
2012-2022
That’s what happened in Christmas Night.
It’s all about persecution, exclusion, discrimination.
That’s NOT something from the past
IT HAPPENS NOW!
Because I know a Group of Refugees, who are hunted down
for ten years by a cruel Dutch government, that throws her responsibility from government to municipality, etc
No one to blame?
THEY ARE ALL TO BLAME, ALL SEGMENTS OF
THE DUTCH STATE!
It concerns the Refugee from the ”WE are Here Group”, originally
coming from asylum refugee Centre Ter Apel [2] to the city
of Amsterdam, because they couldn’t be deported [their asylum had
been rejected] to their country of origin, but were not permitted to remain in the Netherlands either. [3]
Is that not sadistic?
Like throwing people in purgatory! [4]
Yes, there is a socalled ”No Fault Criterium”, implying, that when
refugees can’t possibly return to their country, after tried their
stinking best to leave [for departure is entirely the responsibility of
rejected refugees], that they can get a permit to stay in the Netherlands [5, text alas in Dutch].
But in practice the criteria are that strict, that no one can meet
them……..
This also implies also this Group, composed of people,
coming from all sort of war and conflict countries [6] [which makes that they can’t be deported and also the fact, that their country of origin refuses to give travel documents to return to the country]
WANDERING FROM PLACE TO PLACE
So what’s their Fate?
Wandering from place to place, from squatter centre to squatter centre, mostly helped by leftist radical quatter activists, but
also organizing their own group, their own resistance [7]
With no help whatsoever from the municipality Amsterdam,
only evictions from their poor shelterings, making them homeless…
[8]
It;s a shame
Those people are totally without rights
As undocumented refugees they have only right to an advocate and
medical service in case of an emergency
That’s NOT the way you deal with people
People have the right to flee, the right on elementary
necessities of life, the right on a warm Shelter, the right on
enough food to live, the right to build a decent life
I AM FURIOUS BECAUSE OF THIS AND MORE THAN ONCE I CONFRONTED THE DUTCH AMSTERDAM MUNICIPALITY
GOVERNMENT WITH THIS! [9]
CHRISTMAS 2022
Long ago a Poor Couple was rejected and excluded
After 2022 years, on and on refugees are rejected,
as the We are here Group
We, people who seek Justice, will not stand by and let it pass
Reacties uitgeschakeld voor Christmas Message 2022/2012-2022/Ten Years wandering through Amsterdam/Ten years refugee victims of a sadistic Dutch Government!
RISHI SUNAK NEW UK PRIME MINISTER/A BLESSING AND A CURSE
”I will bring that same compassion to the challenges we face today.
The government I lead will not leave the next generation, your children and grandchildren, with a debt to settle that we were too weak to pay ourselves.
I will unite our country, not with words, but with action.
I will work day in and day out to deliver for you.
This government will have integrity, professionalism and accountability at every level.
On 25 november 2022, Rishi Sunak was appointed by king Charles III
as UK prime minister, making him the first British Asian prime minister
in the British history! [1]
I call it a Blessing and a Curse.
Why I call it a Blessing, the reader will soon know.
Why I call it a Curse, likewise.
WHAT HAPPENED BEFORE
Rishi Sunak, who had made career in the Conservative Party from
2014 [2] became UK’s Prime Minister after the former Conservative Prime
Minister, Liz Truss, made a mess of her prime ministership
with her ”cutting taxes for the riches” plan [together with
her Chancellor of the Exchequer, Kwasi Kwarteng], which even was
criticized by the IMF [3] and
had to resign after 45 days! [4]
AND ironically, Sunak initially lost the UK prime minister
race from Liz Truss…….[5]
And then, dramatically SHE vanished and HE won
CONSERVATIVE, RICH, AGAINST POOR AND REFUGEES
Look, I am not naive or either a Fool and I know exactly,
where the Conservative Party, which leader Rishi is now,
stands for:
This is the Party of the anti refugee ”pushbacks” [6] and other migration
regulating plans like the Rwanda deal and the favouritism for the ”Australian refugee system [7], from which human rights organisation Human Rights
Watch called ” abusive offshore processing policy” [8]
This is the Party, that wages war on the poor, not
just by the Kwarteng taxes advantage for the super-rich [9], but in general and decennialong.
By welfare cuts, driving poor people on the edge
of hunger [10], which, yet apart from the fundamental violation of social rights [11], reveals
contempt for the Poor [12]
And so was it in the Tory past….
Prime minister Margaret Thatcher, the ”Iron Lady” [13] destroyed the welfare state [14] and eventhough that’s a time ago, it’s worth remembring.
But back to Sunak:
That he is no Friend of the Poor, is obvious
Wasn’t it Sunak, who said [presently, in this year 2022, during the energy crisis], that it would be “silly” for the government to provide more help to struggling families now. Despite households across the country facing an average £700 ($879) increase in their gas and electricity bills immediately after April, with another 50 percent spike expected in October, Sunak said he won’t act before “knowing what the situation will be in autumn”…….[15]
YEAH, that’s easy for him to say, since his Family
income is worth more than £700 million ($879 million……..[16]
Some say, that Sunak is richer than the British Royal Family! [17]
Yet I don’t think this comparison is fair:
The British Royal Family was born into this wealth,
built his own Empire [18] and regardless men’s few
about capitalism [I certainly am NOT a fan of those
astronomic differences between the riches and
the poor, as my loyal readers should know] [19], I think it is an accomplishment
of a son of Indian immigrants, whose Indian grandparents migrated to East Africa firstly and
then to Great Britain, building up a newlife again. [20]
THE EMPIRE STRIKES BACK Yet there is another side to this Story.Because however true, that the Conservative Party and it’s new leader, Prime Minister Sunak, is noFriend of the poor and refugees [the most neglectedgroups in society], this is different,For whatever Tory Hardliner [Sunak is in favour ofthe infamous ”Rwanda deal” against refugees] [21],Sunak is also the first Indian UK Prime Minister.The first Man of Colour, who ever had the highestpolitical Office in England. [22]That means something.It is a Historical Achievement and made myskin crawl and not only me, but thousandsand thousands people of colour in England anddoubtless over the world! [23][Now that I write it, I feel that crawling again….] BUT WHY IT GAVE ME THAT SKIN CRAWLINGAND IS THE SUNAK ELECTION SUCH A GRAVE ACHIEVEMENT Because in a way, it is a Victory against the century long Western colonial oppression, not onlyof India [24], but all Asia, Africa, parts of South America and other parts of the World.It is ”The Empire strikes back” againstWhite Supremacy, against the White Man’s Burden doctrine [25] And it is not just the colonial White Supremacy policy:Along came all the British colonial atrocities inIndia, in Africa, in the West Indies [26]Admitted:That is history, but it still has it’s consequences:It still bears bitter Fruits in institutional racism,in opression, in poverty and uneqality [27],not only in England, in all Western countries,once colonial Powers.And of course not all is due to colonialismand racism:Hardline capitalism plays it’s ugly part too.And affects many poor white people too.I don’t close my eyes to that. Back to Rishi SunakThe Bitter Fruits of racism, stemming from colonialism and the Western slavery ridden”concept of race” [28], were tasted by Rishi Sunakhimself:I quote him:
“I was just out with my younger brother and younger sister, and I think, probably pretty young, I was probably a mid-teenager, and we were out at a fast food restaurant and I was just looking after them. There were people sitting nearby, it was the first time I’d experienced it, just saying some very unpleasant things. The ‘P’ word.”
“And it stung. I still remember it. It seared in my memory. You can be insulted in many different ways.” [29]
Painful indeed and reading this, one must realize what a
great achievement it has been, descended from Indian immigrants and tasting racist experiences, not only relatively
”silly” remarks from stupid people in a restaurant, or store, or neighbourhood, but also in real challenges like discrimination in
the job market and in other cases, important in someone’s life,
to climb up in a Party like the Conservative Party and eventually:
Reaching the highest political position in the former Colonial
Motherland:
England.
A Motherland, which had in her clubs in India the rule
[this is NO joke, but real]
‘Dogs and Indians not allowed” [30]
EPILOGUE
I wrote it in the title of this article:”
RISHI SUNAK NEW UK PRIME MINISTER/A BLESSING AND A CURSE”
and that’s just the way I feel it, and with me, others also, as well rejoicing that a man of colour has the highest UK political position, as pointing out the fact, that although an Indian man of colour, he defends Conservative Tory interests, which are clearly not advantageous to the poor Indian community, black community or the communities of other people of colour [31]
BUT YET:
From ”’Dogs and Indians not allowed” [32] tothe Rishi Sunak first speech as a UK PrimeMinister [33], is a great step and an achievementthat crawls my skin.
On Tuesday, June 7, 2022, 07:50:49 PM GMT+2, GVA Inquiries Mailbox <inquiries@icrc.org> wrote:
Dear Astrid
Thank you for your sharing your concerns with the International Committee of the Red Cross (ICRC) and apologies for the delayed answer. We are receiving hundreds of messages and doing our best to answer all of them.
We took note of your opinions and we highly value your feedback about our work.
We work in over 100 contexts affected by armed conflict and violence. Our largest operations are in countries such as Syria, Yemen, Afghanistan, South Sudan, Somalia, and Ethiopia. In Ukraine, our work began in 2014 when the conflict started, and our presence in the country has grown since 24 February.
As you mention in your message, the horror of the crisis in Ukraine shouldn’t make the world forget that people suffering continues in other parts of the world, where millions are still relying on humanitarian assistance to access their basic needs.
We have followed the situation you mention closely and have supported the work that the National Red Cross Societies, their volunteers and other organizations are doing to help refugees. In 2021 we issued this joint press release: ICRC and IFRC on migration crisis at the borders between Belarus, Poland, Lithuania and other countries. In the statement, we expressed our alarm about the humanitarian tragedy unfolding and asked for unrestricted access for all organizations.
If you have specific questions about the situation of refugees, the United Nations Refugee Agency (UNHCR) may be able to provide more information in this regard.
I appreciate your relatively quick reaction on my recent mail [27 may 2022],
knowing your very busy time schedule.
I also appreciate your concern, following my mail on 27 may, that the attention for the humanitarian crisis in Ukraine should not overshadow your concern
for other humanitarian drama’s.
In my letter I especially mentioned the dramatic humanitarian needs of
those refugees, who are still trapped between the borders of Belarus and Poland.I quote from your mail:”
As you mention in your message, the horror of the crisis in Ukraine shouldn’t make the world forget that people suffering continues in other parts of the world, where millions are still relying on humanitarian assistance to access their basic needs. ”I had noticed that before, since I mentioned inmy mail to you the statement of mr F Rocca, presidentof the International Federation of Red Cross and Red CrescentSocieties, that there should be no difference in the receptionand protection of refugees, whether they are Ukrainians orcoming from other countries [1] And in my former mail, I’ve also referred to the Good Work, done by the American Red Cross and the Finnish Red Cross and doubtless other sections of the Red Cross regarding the refugees, trapped between Poland and Belarus [2] and I complimented you with that. As reaction on my mail to you, you referred to your Joint PressRelease of 2021, titled: ”ICRC and IFCR on migration crisisat the borders between Belarus, Lithuania and other countries” [3]I was impressed, as by the Work of the American Red Cross andthe Finnish Red Cross and I fully supported your statement,especially this part [I quote you]”
All migrants, irrespective of their legal status, should have effective access to humanitarian assistance and medical assistance, as well as to protection. Whether this is international protection, or a voluntary return to their home countries, migrants’ rights should be respected at all times and authorities should avoid separating family members and putting at risk their lives and physical integrity.” [4]
True humanity and something the EU leaders should
reflect on.
HOWEVER:
[And reason for my reaction on your answer to me]
That is NOT what I asked you for.
Since you referred to the situation in 2021 and I am
anxious to know about PRESENT the situation, the
situation in 2022, of the
refugees, trapped between Poland and Belarus [and
as I now understand, also Lithuania]
Perhaps I didn’t make that clear in my first mail to you?
Then I will do it now and repeat my questions:Based on the Statement of Amnesty Internationalon 11th of april 2022, the situation of thosetrapped between the Poland-Belarus border is direSee their statement:
POLAND/BELARUS: NEW EVIDENCE OF ABUSES HIGHLIGHTS
”HYPOCRISY” OF UNEQUAL TREATMENT OF ASYLUM SEEKERS
AND the Amnesty report ”POLAND: CRUELTY, NOT COMPASSION, AT EUROPE’S OTHER BORDERS” [5]
MY QUESTIONS ABOUT THE RED CROSS INVOLVEMENT
WITH THE MENTIONED REFUGEES IN 2022:
My questions refer to the PRESENT, 2022 ICRC involvement with
the refugees, who are trapped between the Poland-Belarus border,
as mentioned in my first mail [6]
I REPEAT:
I had the impression, that on this moment, the main attention
of the International Cross goes to the Ukrainian refugees [7] and that the
trapped refugees between Poland and Belarus are somewhat forgotten.
When I am wrong, please send me the information about
your involvement in the no one land between those borders on this
moment, 2022.
When I am NOT wrong, please explain to me, why the International
Red Cross shows less attention to those refugees:
Are you being hindered in your activities, something volunteers have experienced in the past months? [8]
And if that’s so, what did you do, as an International Organisation, to
address to this situation?
Did you write to the Polish and Belarussian authorities?
Did you gave press conferences about this?
Did you try to visit the Polish detention centres, where, according to the
information of Amnesty International, the border refugees are being
mistreated and denied their right to asylum? [9]
If not, why not?
Because you are hindered in your activities?
And again the question:
If you are hindered in your activities, what did you do to protest and get access anyway, as
is your right and obligation as the International Red Cross?
Those are my questions, in short
I would appreciate your reaction, but if you are pressed with time,
the only thing I want is to recall the dire situation those refugees
are in and to urge your humanitarian involvement with them, also
now, in 2022, since their situation doesn’t seem to be more humane now.
Thank you for your involvement
Kind greetings
Astrid Essed
Amsterdam
The Netherlands
NOTES
[1]
IFRC PRESIDENT: ETHNICITY AND NATIONALITY SHOULD NOT
New York / Geneva, 16 May 2022 – President of the International Federation of Red Cross and Red Crescent Societies (IFRC) Francesco Rocca calls on states to step up to their responsibility to save lives, no matter where people are from, ahead of the first review of the Global Compact for Migration (GCM).
Mr Rocca says: “When I was in Marrakech for the adoption of the GCM I made a statement that the world’s approach to migration is painfully broken – but that the GCM can fix it. As we begin the first review of the progress made since then, I am sad to say that this has not been the case so far. Not enough changes to policies and practices to ensure safe and dignified migration have taken place, and many more lives have been lost due to that failure to act.”
On the world’s deadliest sea migration route, the central Mediterranean, the number of deaths has in fact increased since the GCM was signed. The Ocean Viking ship, operated by SOS Mediterranée with IFRC providing humanitarian services on board, saves people in distress on this route.
“We need to carry out this work as state-coordinated search and rescue is absent in the area,” says Mr Rocca. “Our teams have already saved 1,260 people in the nine months we’ve been operating.”
The Ocean Viking is one of the 330 Humanitarian Service Points (HSPs) in 45 countries that supports the ambitions of the GCM, providing assistance and protection to people on the move irrespective of status and without fear of reprisal. The Romanian Red Cross implements HSPs in Bucharest to support people fleeing Ukraine, providing information, food, water, hygiene items and financial assistance, while the Hungarian Red Cross has been operating a HSP at the Keleti railway station 24/7 to welcome people arriving from Ukraine by train with information, food, hygiene items and baby care products.
During the COVID-19 pandemic, the Colombian Red Cross Society has implemented HSPs at the border with Venezuela, offering essential services like healthcare, while Libyan Red Crescent volunteers have provided support to migrants and displaced people, operating HSPs that provided access to information, food, and other necessities, as well as restoring family links services.
At the International Migration Review Forum (IMRF), the IFRC is calling for individual and collective efforts on search and rescue; ensuring access to essential services for migrants regardless of status; scaling up support to people affected of climate related displacement; and the inclusion of migrants in all aspects of society and decision making.
“The political, public and humanitarian response to the Ukraine crisis has shown what is possible when humanity and dignity comes first, when there is global solidarity and the will to assist and protect the most vulnerable,” says Mr Rocca. “This must be extended to everyone in need, wherever they come from. Ethnicity and nationality should not be deciding factors in saving lives.”
The Red Cross is urgently providing relief efforts as thousands of people risk their lives in freezing conditions along the Belarus-Poland border. At least 10 people have died and an estimated 2,000 people are living in makeshift camps near the border between Belarus and neighboring countries Poland, Lithuania and Latvia. The International Federation of Red Cross and Red Crescent Societies (IFRC) urges unhindered access to the border be provided to help the men, women and children risking their lives for a safer future.
Belarus Red Cross has been coordinating aid from partners since last week, distributing food, water, blankets and warm clothes. Staff and volunteers are involved in a continuous response to the situation, sorting and distributing packages, as well as helping authorities set up heating tents for women and children. Assistance was also provided for three children who were hospitalized.
“We are concerned about the increasingly serious situation on the Poland-Belarus border, after large groups of migrants arrived there on November 8. We call for access for the Red Cross and other humanitarian organizations so that all people in need, at the border and other locations, can receive medical treatment, humanitarian assistance and protection services,” said Andreas von Weissenberg, IFRC Europe’s head of Disasters, Climate and Crises.
“While Belarus Red Cross has thankfully been given some access to provide vital life-saving aid to people enduring hunger and freezing conditions, we need that access to be regular and also get access on the other side of the border. People need to be treated humanely,” von Weissenberg said.
The Polish Red Cross has been responding to this crisis for several weeks, delivering blankets, sleeping bags and clothes. Local branches are supporting migrants in provinces near the border with food, water and hygiene kits, as well as providing first aid and helping people trace family members.
Lithuanian Red Cross teams have also been supporting migrants close to the border with water, hygiene kits, footwear and clothing, as well as toys for children. In five large reception centers, volunteers provide food and other humanitarian aid, offer psychological support and legal assistance and help people reconnect with their loved ones by providing mobile phones and SIM cards.
IFRC is in the process of providing the Belarus Red Cross, Polish Red Cross and Lithuanian Red Cross with emergency funding to support the migrants with food, clothes, hygiene items, first aid and family reunification services.
“Humanitarian organizations must be granted unconditional and safe access to all people in need, irrespective of their legal status. People are crossing the border with just the clothes on their backs. They need food, medicine, hygiene items, clothing, and protective equipment against COVID-19. We must be allowed to deliver critical assistance and we want to see a peaceful, humane and rights-based solution to the situation,” von Weissenberg concluded.
The situation of migrants trying to enter the EU at the border of Poland, Lithuania and Belarus is alarming. Thousands of migrants have been stuck on the border region since early autumn. The situation of people sleeping without shelter is expected to worsen as the winter approaches.
The Belarusian, Polish and Lithuanian Red Cross organisations are helping migrants at the borders by distributing food, clean water, hygiene supplies, clothes and blankets and by offering essential health care.
The health of the people sleeping rough is at continuous risk. At least 10 people are known to have died. Among them, a 14-year-old boy who died of hypothermia.
“There are hundreds of children at the border, many of whom have been separated from their families. The are also pregnant women and disabled people among the migrants. Their situation is worsening by the hour as the crisis drags on and nights become colder,” says the Director of International Operations at the Finnish Red Cross Tiina Saarikoski.
“All states are obliged to ensure that humanitarian aid gets through to its target. People have the right to necessary protection, care and safety, regardless of whether they are granted the right to stay in the country or not.”
The International Committee of the Red Cross helps migrants establish contact with their family members.
The Finnish Red Cross maintains preparedness for large-scale migration as part of its continuous readiness. As agreed with the authorities, the Red Cross is permanently prepared to establish and maintain reception centres and temporary accommodation units at the request of the authorities.
The Finnish Red Cross has not received official requests in relation to the situation in Poland, Lithuania and Belarus.
“The most important thing right now is to deliver necessary aid to the migrants in unsafe conditions and allow humanitarian operators to provide aid,” Saarikoski emphasises.
[3]
ICRC AND IFCR ON MIGRATION CRISIS AT THE BORDERS
BETWEEN BELARUS, POLAND, LITHUANIA AND OTHER COUNTRIES
Unrestricted and safe humanitarian access urgently needed to save lives and alleviate suffering.
STATEMENT18 NOVEMBER 2021
Budapest/Geneva – November 18, 2021 — The International Federation of Red Cross and Red Crescent Societies (IFRC) and the International Committee of the Red Cross (ICRC) are alarmed by the humanitarian tragedy unfolding at the borders between Belarus, Poland and Lithuania. At least 10 people are known to have died, including a 14-year-old boy due to hypothermia. The situation is set to worsen with the most serious winter weather yet to arrive.
IFRC has allocated more than 1 million Swiss Francs to Belarus Red Cross, Polish Red Cross and Lithuanian Red Cross, whose volunteers and staff are assisting thousands of vulnerable people with food, water, blankets and vital medical assistance. ICRC is complementing the response, providing support and additional technical expertise to Red Cross partners, notably to keep migrants in contact with their relatives and other protection-related issues.
Birgitte Ebbesen, IFRC Regional Director for Europe said, “There are extremely vulnerable people at the border, including people with disabilities, pregnant women, and hundreds of children – many of them without a parent or family member. They have been sleeping rough in freezing conditions for many days now.”
“Our volunteers have been able to provide some assistance, but many are still hungry and cold. These are mothers, sisters, sons and daughters, people whose lives matter, and they should be protected and treated with compassion and dignity.”
Martin Schüepp, ICRC Regional Director for Europe and Central Asia said: “To protect people’s lives, health and dignity, as well as ease suffering and prevent further tragedy, all Red Cross Red Crescent Movement partners and other humanitarian organisations need immediate, unrestricted access to all migrants, including at borders.”
“The ICRC is providing support and additional technical expertise to our Red Cross partners, on reuniting people with separated family members and other protection-related issues.”
All migrants, irrespective of their legal status, should have effective access to humanitarian assistance and medical assistance, as well as to protection. Whether this is international protection, or a voluntary return to their home countries, migrants’ rights should be respected at all times and authorities should avoid separating family members and putting at risk their lives and physical integrity.
[4]
”All migrants, irrespective of their legal status, should have effective access to humanitarian assistance and medical assistance, as well as to protection. Whether this is international protection, or a voluntary return to their home countries, migrants’ rights should be respected at all times and authorities should avoid separating family members and putting at risk their lives and physical integrity.”
ICRC AND IFCR ON MIGRATION CRISIS AT THE BORDERS
BETWEEN BELARUS, POLAND, LITHUANIA AND OTHER COUNTRIES
Poland/Belarus: New evidence of abuses highlights ‘hypocrisy’ of unequal treatment of asylum-seekers
Authorities violating rights of asylum-seekers, including strip searches and other degrading treatment, in overcrowded detention centres
Some people forcibly sedated during return
Pushbacks and arbitrary detention in stark contrast with welcome shown to those fleeing Ukraine
Spokespeople available
The Polish authorities have arbitrarily detained nearly two thousand asylum-seekers who crossed into the country from Belarus in 2021, and subjected many of them to abuse, including strip searches in unsanitary, overcrowded facilities, and in some cases even to forcible sedation and tasering, Amnesty International said today.
Additionally, after a hiatus during winter, more asylum-seekers are now trying to enter Poland from Belarus, where they are unable to access further funds due to international sanctions and risk harassment or apprehension by Belarusian police due their irregular immigration status. At the Polish border they face razor wire fences and repeated pushbacks by border guards sometimes up to 20-30 times.
“This violent and degrading treatment stands in stark contrast to the warm welcome Poland is offering to displaced people arriving from Ukraine. The behaviour of the Polish authorities smacks of racism and hypocrisy. Poland must urgently extend its admirable compassion for those entering the country from Ukraine to all those crossing its borders to seek safety.”
Arbitrary detention and abysmal detention conditions
Polish border guards have systematically rounded up and violently pushed back people crossing from Belarus, sometimes threatening them with guns. The vast majority of those who have been fortunate enough to avoid being pushed back to Belarus and to apply for asylum in Poland are forced into automatic detention, without a proper assessment of their individual situation and the impact detention would have on their physical and mental health. They are often held for prolonged and indefinite periods of time in overcrowded centres that offer little privacy and only limited access to sanitary facilities, doctors, psychologists, or legal assistance.
Almost all of the people Amnesty International interviewed said they were traumatized after fleeing areas of conflict and being trapped for months on the Belarusian-Polish border. They also suffered from serious psychological problems, including anxiety, insomnia, depression and frequent suicidal thoughts, undoubtedly exacerbated by their unnecessary metres. For most, psychological support was unavailable.
Retraumatized inside a military base
Many of the people who Amnesty spoke to had been in Wędrzyn detention centre, which holds up to 600 people. Overcrowding is particularly acute in this facility, where up to 24 men are detained in rooms measuring just eight square metres.
In 2021, the Polish authorities decreased the minimum required space for foreign detainees from three square meters per person to just two. The Council of Europe minimum standard for personal living space in prisons and detention centres is four square meters per person.
People held in Wędrzyn recounted how guards greeted new detainees by saying “welcome to Guantánamo”. Many of them were victims of torture in their home countries before enduring harrowing experiences both in Belarus and on the border of Poland. The detention centre in Wędrzyn forms part of an active military base. The facility’s barbed wire walls — and the persistent sound of armoured vehicles, helicopters and gunfire from military exercises in the area — only serves to retraumatize them.
In Lesznowola Detention Centre, detainees said that guards’ treatment left them feeling dehumanized. The staff called detainees by their case numbers instead of using their names and meted out excessive punishments, including isolation, for simple requests, such as asking for a towel or more food.
Nearly all those interviewed reported consistently disrespectful and verbally abusive behaviour, racist remarks and other practices that indicated psychological ill-treatment.
Men who Amnesty International interviewed uniformly complained about the manner in which body searches were conducted. When people were transferred from one detention centre to another, they were forced to undergo a strip search at each facility, even though they were in state custody at all times. In Wędrzyn, people recounted abusive searches. For example, all newly admitted foreigners are kept together in a room, required to remove all of their clothes and ordered to perform squats longer than necessary for a legitimate check.
Violent forcible returns
Amnesty International interviewed several people who were forcibly returned as well as some who avoided return and remain in detention in Poland. Many said the Polish border guards who conducted the returns coerced them into signing documents in Polish that they suspected included incriminating information in order to justify their returns. They also said that, in some cases, border guards used excessive force, such as tasers, restrained people with handcuffs, and even sedated those being returned.
Authorities attempted to forcibly return Yezda, a 30-year old Kurdish woman , with her husband and three small children. After being told that the family would be returned to Iraq, Yezda panicked and screamed and pleaded with the guards not to take them. She threatened to take her life and became extremely agitated. “I knew I could not go back to Iraq and I was ready to die in Poland. While I was crying like that, two guards restrained me and my husband, tied our hands behind our backs, and a doctor gave us an injection that made us very weak and sleepy. My head was not clear, but I could hear my children, who were in the room with us, crying and screaming.”
“We were asked to go through the airport security and the guards told us to behave on the plane. But I refused to go. I remember noticing that I didn’t even have any shoes on, as in the chaos at the camp, they slipped of my feet. My head was not clear, and I couldn’t see my husband or the children, but I remember that they forced me on the plane that was full of people. I was still crying and pleading with the police not to take us.” Yezda said that she broke her foot as she fought the guards who tried to put her on the plane. Yezda and her family were returned to Warsaw after the airline refused to take them to Iraq. They remain in a camp in Poland for now.
Volunteers and activists have been barred from accessing the border of Poland and Belarus, and some have even faced prosecution for trying to help people cross the border. In March, activists who had helped people both on Poland’s borders with Ukraine and with Belarus were detained for providing life-saving assistance to refugees and migrants on the Belarussian border, and now face potentially serious charges.
Stranded at the border
On 20 March, the Belarusian authorities reportedly evicted close to 700 refugees and migrants, including many families with young children and people suffering from severe illnesses and disabilities, from the warehouse in the Belarusian village of Bruzgi which had accommodated several thousand people in 2021.
People who were evicted from the warehouse suddenly found themselves stranded in the forest, trying to survive in sub-zero temperatures without shelter, food, water or access to medical care. Many remain in the forest and experience daily abuse from the Belarusian border guards, who use dogs and violence to force people to cross the border into Poland.
“Hundreds of people fleeing conflict in the Middle East and other parts of the world remain stranded on the border between Belarus and Poland. The Polish government must immediately stop pushbacks. They are illegal no matter how the government tries to justify them. The international community – including the EU – must demand that those trapped on Poland’s border with Belarus be afforded the same access to EU territory as any other group seeking refuge in Europe,” said Jelena Sesar.
END OF THE ARTICLE
REPORT AMNESTY INTERNATIONAL
POLAND: CRUELTY, NOT COMPASSION, AT EUROPE’S OTHER BORDERS
The rapid relief effort at the border, exceptional generosity of civil society and willingness of Polish authorities to receive people fleeing from Ukraine contrast starkly with the Polish government’s hostility toward refugees and migrants who have arrived in the country via Belarus since July 2021. Hundreds of people who crossed from Belarus have been arbitrarily detained in Poland in appalling conditions and without access to a fair asylum proceeding. Many have been forcibly returned to their countries of origin, some under sedation. In addition, hundreds of people remain stranded inside Belarus and face increasingly desperate conditions.
END OF THIS PIECE
FULL REPORT
AMNESTY INTERNATIONAL
POLAND: CRUELTY, NOT COMPASSION, AT EUROPE’S OTHER BORDERS
Three months into the ongoing conflict in Ukraine, the International Federation of Red Cross and Red Crescent Societies (IFRC) has distributed financial assistance totalling more than 4.3 million Swiss francs to thousands of people on the move.
IFRC Head of Emergency Operations for the Ukraine response, Anne Katherine Moore, said:
“The longer the conflict continues, the greater the needs become. The cost of basic necessities, such as fresh fruit and vegetables, is rising. Increases in the cost of fuel and apartment rentals are also being reported. Millions of people have lost their jobs and their savings are dwindling. Through a new mobile app, we have been able to ramp up our support to help people facing these financial challenges.”
The new technology makes it possible for the IFRC and responding National Societies to reach people at scale and to deliver cash assistance digitally. Successfully introduced in Romania, the mobile app allows refugees to self-register for assistance online, negating the need and cost involved of having to travel to a central location.
The app will soon be expanded to Poland and Slovakia, where cash assistance is already being provided through more traditional methods such as in-person registration, as well as Ukraine and other neighbouring countries.
“This is the fastest we have ever delivered cash at this scale. It has the potential to be a game-changer for our work not just in this response, but also in future operations,” Moore continued.
Cash assistance is a dignified and efficient way to support people impacted by the conflict, allowing them to purchase items specific to their individual needs, while also supporting local economies. It is one part of our integrated and wide-ranging Red Cross and Red Crescent response to the conflict that also includes the provision of health care, first aid, psychosocial support and the distribution of basic household necessities.
Speaking about next steps, Moore said: “There is no short-term solution to the needs of the more than 14 million people who have been forced to flee their homes. We know that even if the conflict was to end tomorrow, rebuilding and recovery will take years. People have lost their homes, their livelihoods, and access to timely healthcare. The IFRC, in support of local National Red Cross Societies in the region, will be there helping people now, and in the months and years to come.”
During the past three months:
Together, we have reached more than 2.1 million people with life-saving aid within Ukraine and in surrounding countries. This is 1 in 10 people who had to flee their homes because of the conflict.
Along the travel routes within and outside Ukraine, we’ve set up 142 Humanitarian Service Points in 15 countries to provide those fleeing with a safe environment. There, they receive essential services like food, hygiene items, blankets, clothing water, first aid, psychosocial support, information, and financial assistance.
In total, we distributed 2.3 million kilograms of aid.
71,000 Red Cross and Red Crescent volunteers are responding to the crisis.
Doctors Without Borders removed its team on the Belarus-Poland border after Warsaw blocked access to migrants trying to enter the European Union. Camped in harsh conditions, several people have died on the EU’s doorstep.
Despite knowing people along the Belarus-Poland border were “in desperate need of medical and humanitarian assistance,” the medical charity Doctors Without Borders (MSF) said it withdrew its emergency response team from the region.
“Since October, MSF has repeatedly requested access to the restricted area and the border guard posts in Poland, but without success,” Frauke Ossig, the charity’s emergency coordinator for Poland and Lithuania, said on Thursday.
“We know that there are still people crossing the border and hiding in the forest, in need of support, but while we are committed to assisting people on the move wherever they may be, we have not been able to reach them in Poland,” Ossig added.
While many of the migrants received shelter in a logistics center, a number of people are reported to have died in the freezing, harsh conditions along the border.
Why can’t aid groups reach migrants and asylum-seekers?
On December 1, Poland’s Interior Ministry extended a state of emergency that prohibits all non-residents, including journalists and non-governmental aid groups, from the border area.
“People are being attacked and beaten at the hands of border guards, and yet state officials continue to allow the practice of pushing people between borders knowing that such maltreatment continues,” MSF said.
With thousands of people on the Belarusian side of the 400-kilometer (250-mile) stretch, Poland built a barbed-wire fence that it intends to replace with a permanent barrier and sent thousands of soldiers to the border, leaving the migrants stuck in camps in no man’s land and unable to apply for asylum in the European Union.
Polish border guards accused of illegal ‘pushbacks’
Polish border guards have been accused of forcibly pushing migrants and asylum-seekers back into Belarus — a move that breaches international law. At least 21 people have lost their lives in the attempt in 2021, MSF reported.
In December, the Polish civil society group Salam Lab reported that five Syrian and one Palestinian who managed to find their way outside Poland’s exclusion zone said they had been pushed back to Belarus several times by Polish authorities.
EU nations Latvia and Lithuania, which also share borders with Belarus, have also reinforced their border security and declared a state of emergency. MSF said it had not received access to migrants at the Belarusian-Lithuanian border.
Belarus denies this and has urged the EU to take in the migrants.
“The current situation is unacceptable and inhumane,” Ossig said. “People have the right to seek safety and asylum and should not be illegitimately pushed back to Belarus.”
[9]
AMNESTY INTERNATIONAL
POLAND/BELARUS: NEW EVIDENCE OF ABUSES HIGHLIGHTS
”HYPOCRISY” OF UNEQUAL TREATMENT OF ASYLUM SEEKERS
I appreciate your relatively quick reaction on my recent mail [27 may 2022],
knowing your very busy time schedule.
I also appreciate your concern, following my mail on 27 may, that the attention for the humanitarian crisis in Ukraine should not overshadow your concern
for other humanitarian drama’s.
In my letter I especially mentioned the dramatic humanitarian needs of
those refugees, who are still trapped between the borders of Belarus and Poland.I quote from your mail:”
As you mention in your message, the horror of the crisis in Ukraine shouldn’t make the world forget that people suffering continues in other parts of the world, where millions are still relying on humanitarian assistance to access their basic needs. ”I had noticed that before, since I mentioned inmy mail to you the statement of mr F Rocca, presidentof the International Federation of Red Cross and Red CrescentSocieties, that there should be no difference in the receptionand protection of refugees, whether they are Ukrainians orcoming from other countries [1] And in my former mail, I’ve also referred to the Good Work, done by the American Red Cross and the Finnish Red Cross and doubtless other sections of the Red Cross regarding the refugees, trapped between Poland and Belarus [2] and I complimented you with that. As reaction on my mail to you, you referred to your Joint PressRelease of 2021, titled: ”ICRC and IFCR on migration crisisat the borders between Belarus, Lithuania and other countries” [3]I was impressed, as by the Work of the American Red Cross andthe Finnish Red Cross and I fully supported your statement,especially this part [I quote you]”
All migrants, irrespective of their legal status, should have effective access to humanitarian assistance and medical assistance, as well as to protection. Whether this is international protection, or a voluntary return to their home countries, migrants’ rights should be respected at all times and authorities should avoid separating family members and putting at risk their lives and physical integrity.” [4]
True humanity and something the EU leaders should
reflect on.
HOWEVER:
[And reason for my reaction on your answer to me]
That is NOT what I asked you for.
Since you referred to the situation in 2021 and I am
anxious to know about PRESENT the situation, the
situation in 2022, of the
refugees, trapped between Poland and Belarus [and
as I now understand, also Lithuania]
Perhaps I didn’t make that clear in my first mail to you?
Then I will do it now and repeat my questions:Based on the Statement of Amnesty Internationalon 11th of april 2022, the situation of thosetrapped between the Poland-Belarus border is direSee their statement:
POLAND/BELARUS: NEW EVIDENCE OF ABUSES HIGHLIGHTS
”HYPOCRISY” OF UNEQUAL TREATMENT OF ASYLUM SEEKERS
AND the Amnesty report ”POLAND: CRUELTY, NOT COMPASSION, AT EUROPE’S OTHER BORDERS” [5]
MY QUESTIONS ABOUT THE RED CROSS INVOLVEMENT
WITH THE MENTIONED REFUGEES IN 2022:
My questions refer to the PRESENT, 2022 ICRC involvement with
the refugees, who are trapped between the Poland-Belarus border,
as mentioned in my first mail [6]
I REPEAT:
I had the impression, that on this moment, the main attention
of the International Cross goes to the Ukrainian refugees [7] and that the
trapped refugees between Poland and Belarus are somewhat forgotten.
When I am wrong, please send me the information about
your involvement in the no one land between those borders on this
moment, 2022.
When I am NOT wrong, please explain to me, why the International
Red Cross shows less attention to those refugees:
Are you being hindered in your activities, something volunteers have experienced in the past months? [8]
And if that’s so, what did you do, as an International Organisation, to
address to this situation?
Did you write to the Polish and Belarussian authorities?
Did you gave press conferences about this?
Did you try to visit the Polish detention centres, where, according to the
information of Amnesty International, the border refugees are being
mistreated and denied their right to asylum? [9]
If not, why not?
Because you are hindered in your activities?
And again the question:
If you are hindered in your activities, what did you do to protest and get access anyway, as
is your right and obligation as the International Red Cross?
Those are my questions, in short
I would appreciate your reaction, but if you are pressed with time,
the only thing I want is to recall the dire situation those refugees
are in and to urge your humanitarian involvement with them, also
now, in 2022, since their situation doesn’t seem to be more humane now.
Thank you for your involvement
Kind greetings
Astrid Essed
Amsterdam
The Netherlands
NOTES
[1]
IFRC PRESIDENT: ETHNICITY AND NATIONALITY SHOULD NOT
New York / Geneva, 16 May 2022 – President of the International Federation of Red Cross and Red Crescent Societies (IFRC) Francesco Rocca calls on states to step up to their responsibility to save lives, no matter where people are from, ahead of the first review of the Global Compact for Migration (GCM).
Mr Rocca says: “When I was in Marrakech for the adoption of the GCM I made a statement that the world’s approach to migration is painfully broken – but that the GCM can fix it. As we begin the first review of the progress made since then, I am sad to say that this has not been the case so far. Not enough changes to policies and practices to ensure safe and dignified migration have taken place, and many more lives have been lost due to that failure to act.”
On the world’s deadliest sea migration route, the central Mediterranean, the number of deaths has in fact increased since the GCM was signed. The Ocean Viking ship, operated by SOS Mediterranée with IFRC providing humanitarian services on board, saves people in distress on this route.
“We need to carry out this work as state-coordinated search and rescue is absent in the area,” says Mr Rocca. “Our teams have already saved 1,260 people in the nine months we’ve been operating.”
The Ocean Viking is one of the 330 Humanitarian Service Points (HSPs) in 45 countries that supports the ambitions of the GCM, providing assistance and protection to people on the move irrespective of status and without fear of reprisal. The Romanian Red Cross implements HSPs in Bucharest to support people fleeing Ukraine, providing information, food, water, hygiene items and financial assistance, while the Hungarian Red Cross has been operating a HSP at the Keleti railway station 24/7 to welcome people arriving from Ukraine by train with information, food, hygiene items and baby care products.
During the COVID-19 pandemic, the Colombian Red Cross Society has implemented HSPs at the border with Venezuela, offering essential services like healthcare, while Libyan Red Crescent volunteers have provided support to migrants and displaced people, operating HSPs that provided access to information, food, and other necessities, as well as restoring family links services.
At the International Migration Review Forum (IMRF), the IFRC is calling for individual and collective efforts on search and rescue; ensuring access to essential services for migrants regardless of status; scaling up support to people affected of climate related displacement; and the inclusion of migrants in all aspects of society and decision making.
“The political, public and humanitarian response to the Ukraine crisis has shown what is possible when humanity and dignity comes first, when there is global solidarity and the will to assist and protect the most vulnerable,” says Mr Rocca. “This must be extended to everyone in need, wherever they come from. Ethnicity and nationality should not be deciding factors in saving lives.”
The Red Cross is urgently providing relief efforts as thousands of people risk their lives in freezing conditions along the Belarus-Poland border. At least 10 people have died and an estimated 2,000 people are living in makeshift camps near the border between Belarus and neighboring countries Poland, Lithuania and Latvia. The International Federation of Red Cross and Red Crescent Societies (IFRC) urges unhindered access to the border be provided to help the men, women and children risking their lives for a safer future.
Belarus Red Cross has been coordinating aid from partners since last week, distributing food, water, blankets and warm clothes. Staff and volunteers are involved in a continuous response to the situation, sorting and distributing packages, as well as helping authorities set up heating tents for women and children. Assistance was also provided for three children who were hospitalized.
“We are concerned about the increasingly serious situation on the Poland-Belarus border, after large groups of migrants arrived there on November 8. We call for access for the Red Cross and other humanitarian organizations so that all people in need, at the border and other locations, can receive medical treatment, humanitarian assistance and protection services,” said Andreas von Weissenberg, IFRC Europe’s head of Disasters, Climate and Crises.
“While Belarus Red Cross has thankfully been given some access to provide vital life-saving aid to people enduring hunger and freezing conditions, we need that access to be regular and also get access on the other side of the border. People need to be treated humanely,” von Weissenberg said.
The Polish Red Cross has been responding to this crisis for several weeks, delivering blankets, sleeping bags and clothes. Local branches are supporting migrants in provinces near the border with food, water and hygiene kits, as well as providing first aid and helping people trace family members.
Lithuanian Red Cross teams have also been supporting migrants close to the border with water, hygiene kits, footwear and clothing, as well as toys for children. In five large reception centers, volunteers provide food and other humanitarian aid, offer psychological support and legal assistance and help people reconnect with their loved ones by providing mobile phones and SIM cards.
IFRC is in the process of providing the Belarus Red Cross, Polish Red Cross and Lithuanian Red Cross with emergency funding to support the migrants with food, clothes, hygiene items, first aid and family reunification services.
“Humanitarian organizations must be granted unconditional and safe access to all people in need, irrespective of their legal status. People are crossing the border with just the clothes on their backs. They need food, medicine, hygiene items, clothing, and protective equipment against COVID-19. We must be allowed to deliver critical assistance and we want to see a peaceful, humane and rights-based solution to the situation,” von Weissenberg concluded.
The situation of migrants trying to enter the EU at the border of Poland, Lithuania and Belarus is alarming. Thousands of migrants have been stuck on the border region since early autumn. The situation of people sleeping without shelter is expected to worsen as the winter approaches.
The Belarusian, Polish and Lithuanian Red Cross organisations are helping migrants at the borders by distributing food, clean water, hygiene supplies, clothes and blankets and by offering essential health care.
The health of the people sleeping rough is at continuous risk. At least 10 people are known to have died. Among them, a 14-year-old boy who died of hypothermia.
“There are hundreds of children at the border, many of whom have been separated from their families. The are also pregnant women and disabled people among the migrants. Their situation is worsening by the hour as the crisis drags on and nights become colder,” says the Director of International Operations at the Finnish Red Cross Tiina Saarikoski.
“All states are obliged to ensure that humanitarian aid gets through to its target. People have the right to necessary protection, care and safety, regardless of whether they are granted the right to stay in the country or not.”
The International Committee of the Red Cross helps migrants establish contact with their family members.
The Finnish Red Cross maintains preparedness for large-scale migration as part of its continuous readiness. As agreed with the authorities, the Red Cross is permanently prepared to establish and maintain reception centres and temporary accommodation units at the request of the authorities.
The Finnish Red Cross has not received official requests in relation to the situation in Poland, Lithuania and Belarus.
“The most important thing right now is to deliver necessary aid to the migrants in unsafe conditions and allow humanitarian operators to provide aid,” Saarikoski emphasises.
[3]
ICRC AND IFCR ON MIGRATION CRISIS AT THE BORDERS
BETWEEN BELARUS, POLAND, LITHUANIA AND OTHER COUNTRIES
Unrestricted and safe humanitarian access urgently needed to save lives and alleviate suffering.
STATEMENT18 NOVEMBER 2021
Budapest/Geneva – November 18, 2021 — The International Federation of Red Cross and Red Crescent Societies (IFRC) and the International Committee of the Red Cross (ICRC) are alarmed by the humanitarian tragedy unfolding at the borders between Belarus, Poland and Lithuania. At least 10 people are known to have died, including a 14-year-old boy due to hypothermia. The situation is set to worsen with the most serious winter weather yet to arrive.
IFRC has allocated more than 1 million Swiss Francs to Belarus Red Cross, Polish Red Cross and Lithuanian Red Cross, whose volunteers and staff are assisting thousands of vulnerable people with food, water, blankets and vital medical assistance. ICRC is complementing the response, providing support and additional technical expertise to Red Cross partners, notably to keep migrants in contact with their relatives and other protection-related issues.
Birgitte Ebbesen, IFRC Regional Director for Europe said, “There are extremely vulnerable people at the border, including people with disabilities, pregnant women, and hundreds of children – many of them without a parent or family member. They have been sleeping rough in freezing conditions for many days now.”
“Our volunteers have been able to provide some assistance, but many are still hungry and cold. These are mothers, sisters, sons and daughters, people whose lives matter, and they should be protected and treated with compassion and dignity.”
Martin Schüepp, ICRC Regional Director for Europe and Central Asia said: “To protect people’s lives, health and dignity, as well as ease suffering and prevent further tragedy, all Red Cross Red Crescent Movement partners and other humanitarian organisations need immediate, unrestricted access to all migrants, including at borders.”
“The ICRC is providing support and additional technical expertise to our Red Cross partners, on reuniting people with separated family members and other protection-related issues.”
All migrants, irrespective of their legal status, should have effective access to humanitarian assistance and medical assistance, as well as to protection. Whether this is international protection, or a voluntary return to their home countries, migrants’ rights should be respected at all times and authorities should avoid separating family members and putting at risk their lives and physical integrity.
[4]
”All migrants, irrespective of their legal status, should have effective access to humanitarian assistance and medical assistance, as well as to protection. Whether this is international protection, or a voluntary return to their home countries, migrants’ rights should be respected at all times and authorities should avoid separating family members and putting at risk their lives and physical integrity.”
ICRC AND IFCR ON MIGRATION CRISIS AT THE BORDERS
BETWEEN BELARUS, POLAND, LITHUANIA AND OTHER COUNTRIES
Poland/Belarus: New evidence of abuses highlights ‘hypocrisy’ of unequal treatment of asylum-seekers
Authorities violating rights of asylum-seekers, including strip searches and other degrading treatment, in overcrowded detention centres
Some people forcibly sedated during return
Pushbacks and arbitrary detention in stark contrast with welcome shown to those fleeing Ukraine
Spokespeople available
The Polish authorities have arbitrarily detained nearly two thousand asylum-seekers who crossed into the country from Belarus in 2021, and subjected many of them to abuse, including strip searches in unsanitary, overcrowded facilities, and in some cases even to forcible sedation and tasering, Amnesty International said today.
Additionally, after a hiatus during winter, more asylum-seekers are now trying to enter Poland from Belarus, where they are unable to access further funds due to international sanctions and risk harassment or apprehension by Belarusian police due their irregular immigration status. At the Polish border they face razor wire fences and repeated pushbacks by border guards sometimes up to 20-30 times.
“This violent and degrading treatment stands in stark contrast to the warm welcome Poland is offering to displaced people arriving from Ukraine. The behaviour of the Polish authorities smacks of racism and hypocrisy. Poland must urgently extend its admirable compassion for those entering the country from Ukraine to all those crossing its borders to seek safety.”
Arbitrary detention and abysmal detention conditions
Polish border guards have systematically rounded up and violently pushed back people crossing from Belarus, sometimes threatening them with guns. The vast majority of those who have been fortunate enough to avoid being pushed back to Belarus and to apply for asylum in Poland are forced into automatic detention, without a proper assessment of their individual situation and the impact detention would have on their physical and mental health. They are often held for prolonged and indefinite periods of time in overcrowded centres that offer little privacy and only limited access to sanitary facilities, doctors, psychologists, or legal assistance.
Almost all of the people Amnesty International interviewed said they were traumatized after fleeing areas of conflict and being trapped for months on the Belarusian-Polish border. They also suffered from serious psychological problems, including anxiety, insomnia, depression and frequent suicidal thoughts, undoubtedly exacerbated by their unnecessary metres. For most, psychological support was unavailable.
Retraumatized inside a military base
Many of the people who Amnesty spoke to had been in Wędrzyn detention centre, which holds up to 600 people. Overcrowding is particularly acute in this facility, where up to 24 men are detained in rooms measuring just eight square metres.
In 2021, the Polish authorities decreased the minimum required space for foreign detainees from three square meters per person to just two. The Council of Europe minimum standard for personal living space in prisons and detention centres is four square meters per person.
People held in Wędrzyn recounted how guards greeted new detainees by saying “welcome to Guantánamo”. Many of them were victims of torture in their home countries before enduring harrowing experiences both in Belarus and on the border of Poland. The detention centre in Wędrzyn forms part of an active military base. The facility’s barbed wire walls — and the persistent sound of armoured vehicles, helicopters and gunfire from military exercises in the area — only serves to retraumatize them.
In Lesznowola Detention Centre, detainees said that guards’ treatment left them feeling dehumanized. The staff called detainees by their case numbers instead of using their names and meted out excessive punishments, including isolation, for simple requests, such as asking for a towel or more food.
Nearly all those interviewed reported consistently disrespectful and verbally abusive behaviour, racist remarks and other practices that indicated psychological ill-treatment.
Men who Amnesty International interviewed uniformly complained about the manner in which body searches were conducted. When people were transferred from one detention centre to another, they were forced to undergo a strip search at each facility, even though they were in state custody at all times. In Wędrzyn, people recounted abusive searches. For example, all newly admitted foreigners are kept together in a room, required to remove all of their clothes and ordered to perform squats longer than necessary for a legitimate check.
Violent forcible returns
Amnesty International interviewed several people who were forcibly returned as well as some who avoided return and remain in detention in Poland. Many said the Polish border guards who conducted the returns coerced them into signing documents in Polish that they suspected included incriminating information in order to justify their returns. They also said that, in some cases, border guards used excessive force, such as tasers, restrained people with handcuffs, and even sedated those being returned.
Authorities attempted to forcibly return Yezda, a 30-year old Kurdish woman , with her husband and three small children. After being told that the family would be returned to Iraq, Yezda panicked and screamed and pleaded with the guards not to take them. She threatened to take her life and became extremely agitated. “I knew I could not go back to Iraq and I was ready to die in Poland. While I was crying like that, two guards restrained me and my husband, tied our hands behind our backs, and a doctor gave us an injection that made us very weak and sleepy. My head was not clear, but I could hear my children, who were in the room with us, crying and screaming.”
“We were asked to go through the airport security and the guards told us to behave on the plane. But I refused to go. I remember noticing that I didn’t even have any shoes on, as in the chaos at the camp, they slipped of my feet. My head was not clear, and I couldn’t see my husband or the children, but I remember that they forced me on the plane that was full of people. I was still crying and pleading with the police not to take us.” Yezda said that she broke her foot as she fought the guards who tried to put her on the plane. Yezda and her family were returned to Warsaw after the airline refused to take them to Iraq. They remain in a camp in Poland for now.
Volunteers and activists have been barred from accessing the border of Poland and Belarus, and some have even faced prosecution for trying to help people cross the border. In March, activists who had helped people both on Poland’s borders with Ukraine and with Belarus were detained for providing life-saving assistance to refugees and migrants on the Belarussian border, and now face potentially serious charges.
Stranded at the border
On 20 March, the Belarusian authorities reportedly evicted close to 700 refugees and migrants, including many families with young children and people suffering from severe illnesses and disabilities, from the warehouse in the Belarusian village of Bruzgi which had accommodated several thousand people in 2021.
People who were evicted from the warehouse suddenly found themselves stranded in the forest, trying to survive in sub-zero temperatures without shelter, food, water or access to medical care. Many remain in the forest and experience daily abuse from the Belarusian border guards, who use dogs and violence to force people to cross the border into Poland.
“Hundreds of people fleeing conflict in the Middle East and other parts of the world remain stranded on the border between Belarus and Poland. The Polish government must immediately stop pushbacks. They are illegal no matter how the government tries to justify them. The international community – including the EU – must demand that those trapped on Poland’s border with Belarus be afforded the same access to EU territory as any other group seeking refuge in Europe,” said Jelena Sesar.
END OF THE ARTICLE
REPORT AMNESTY INTERNATIONAL
POLAND: CRUELTY, NOT COMPASSION, AT EUROPE’S OTHER BORDERS
The rapid relief effort at the border, exceptional generosity of civil society and willingness of Polish authorities to receive people fleeing from Ukraine contrast starkly with the Polish government’s hostility toward refugees and migrants who have arrived in the country via Belarus since July 2021. Hundreds of people who crossed from Belarus have been arbitrarily detained in Poland in appalling conditions and without access to a fair asylum proceeding. Many have been forcibly returned to their countries of origin, some under sedation. In addition, hundreds of people remain stranded inside Belarus and face increasingly desperate conditions.
END OF THIS PIECE
FULL REPORT
AMNESTY INTERNATIONAL
POLAND: CRUELTY, NOT COMPASSION, AT EUROPE’S OTHER BORDERS
Three months into the ongoing conflict in Ukraine, the International Federation of Red Cross and Red Crescent Societies (IFRC) has distributed financial assistance totalling more than 4.3 million Swiss francs to thousands of people on the move.
IFRC Head of Emergency Operations for the Ukraine response, Anne Katherine Moore, said:
“The longer the conflict continues, the greater the needs become. The cost of basic necessities, such as fresh fruit and vegetables, is rising. Increases in the cost of fuel and apartment rentals are also being reported. Millions of people have lost their jobs and their savings are dwindling. Through a new mobile app, we have been able to ramp up our support to help people facing these financial challenges.”
The new technology makes it possible for the IFRC and responding National Societies to reach people at scale and to deliver cash assistance digitally. Successfully introduced in Romania, the mobile app allows refugees to self-register for assistance online, negating the need and cost involved of having to travel to a central location.
The app will soon be expanded to Poland and Slovakia, where cash assistance is already being provided through more traditional methods such as in-person registration, as well as Ukraine and other neighbouring countries.
“This is the fastest we have ever delivered cash at this scale. It has the potential to be a game-changer for our work not just in this response, but also in future operations,” Moore continued.
Cash assistance is a dignified and efficient way to support people impacted by the conflict, allowing them to purchase items specific to their individual needs, while also supporting local economies. It is one part of our integrated and wide-ranging Red Cross and Red Crescent response to the conflict that also includes the provision of health care, first aid, psychosocial support and the distribution of basic household necessities.
Speaking about next steps, Moore said: “There is no short-term solution to the needs of the more than 14 million people who have been forced to flee their homes. We know that even if the conflict was to end tomorrow, rebuilding and recovery will take years. People have lost their homes, their livelihoods, and access to timely healthcare. The IFRC, in support of local National Red Cross Societies in the region, will be there helping people now, and in the months and years to come.”
During the past three months:
Together, we have reached more than 2.1 million people with life-saving aid within Ukraine and in surrounding countries. This is 1 in 10 people who had to flee their homes because of the conflict.
Along the travel routes within and outside Ukraine, we’ve set up 142 Humanitarian Service Points in 15 countries to provide those fleeing with a safe environment. There, they receive essential services like food, hygiene items, blankets, clothing water, first aid, psychosocial support, information, and financial assistance.
In total, we distributed 2.3 million kilograms of aid.
71,000 Red Cross and Red Crescent volunteers are responding to the crisis.
Doctors Without Borders removed its team on the Belarus-Poland border after Warsaw blocked access to migrants trying to enter the European Union. Camped in harsh conditions, several people have died on the EU’s doorstep.
Despite knowing people along the Belarus-Poland border were “in desperate need of medical and humanitarian assistance,” the medical charity Doctors Without Borders (MSF) said it withdrew its emergency response team from the region.
“Since October, MSF has repeatedly requested access to the restricted area and the border guard posts in Poland, but without success,” Frauke Ossig, the charity’s emergency coordinator for Poland and Lithuania, said on Thursday.
“We know that there are still people crossing the border and hiding in the forest, in need of support, but while we are committed to assisting people on the move wherever they may be, we have not been able to reach them in Poland,” Ossig added.
While many of the migrants received shelter in a logistics center, a number of people are reported to have died in the freezing, harsh conditions along the border.
Why can’t aid groups reach migrants and asylum-seekers?
On December 1, Poland’s Interior Ministry extended a state of emergency that prohibits all non-residents, including journalists and non-governmental aid groups, from the border area.
“People are being attacked and beaten at the hands of border guards, and yet state officials continue to allow the practice of pushing people between borders knowing that such maltreatment continues,” MSF said.
With thousands of people on the Belarusian side of the 400-kilometer (250-mile) stretch, Poland built a barbed-wire fence that it intends to replace with a permanent barrier and sent thousands of soldiers to the border, leaving the migrants stuck in camps in no man’s land and unable to apply for asylum in the European Union.
Polish border guards accused of illegal ‘pushbacks’
Polish border guards have been accused of forcibly pushing migrants and asylum-seekers back into Belarus — a move that breaches international law. At least 21 people have lost their lives in the attempt in 2021, MSF reported.
In December, the Polish civil society group Salam Lab reported that five Syrian and one Palestinian who managed to find their way outside Poland’s exclusion zone said they had been pushed back to Belarus several times by Polish authorities.
EU nations Latvia and Lithuania, which also share borders with Belarus, have also reinforced their border security and declared a state of emergency. MSF said it had not received access to migrants at the Belarusian-Lithuanian border.
Belarus denies this and has urged the EU to take in the migrants.
“The current situation is unacceptable and inhumane,” Ossig said. “People have the right to seek safety and asylum and should not be illegitimately pushed back to Belarus.”
[9]
AMNESTY INTERNATIONAL
POLAND/BELARUS: NEW EVIDENCE OF ABUSES HIGHLIGHTS
”HYPOCRISY” OF UNEQUAL TREATMENT OF ASYLUM SEEKERS
Reacties uitgeschakeld voor Astrid Essed insists: Red Cross, please give me information about your present [2022] involvement with the refugees, trapped between Poland and Belarus
THE INTERNATIONAL RED CROSS, UKRAINIAN REFUGEES AND REFUGEES, TRAPPED BETWEEN POLAND AND BELARUS/DO YOU TREAT THEM WITH EQUAL ATTENTION, INTERNATIONAL RED CROSS?
ASTRID ESSED LETTER!
TO
THE INTERNATIONAL RED CROSS
PRESIDENT AND ASSEMBLY
Subject:
Questions about the International Red Cross attitude against
Ukrainian refugees versus refugees trapped between Belarus and
Poland
Your mission as International Red Cross
”The work of the ICRC is based on the Geneva Conventions of 1949, their Additional Protocols, its Statutes – and those of the International Red Cross and Red Crescent Movement – and the resolutions of the International Conferences of the Red Cross and Red Crescent. The ICRC is an independent, neutral organization ensuring humanitarian protection and assistance for victims of armed conflict and other situations of violence. It takes action in response to emergencies and at the same time promotes respect for international humanitarian law and its implementation in national law.
https://www.icrc.org/en/who-we-are/mandate
[When you are pressed with time, go directly to the part below:
”QUESTIONS TO THE INTERNATIONAL RED CROSS”]
Dear President
Dear members of the Assembly,
Firstly my great appreciation for your fantastic and indispensable Work
through the whole world!
Without your humanitarian involvement and the sometimes great risks
your co workers take, life would be extremely difficult, if not impossible,
for the millions of people you are helping day after day.
But even the best of organisations need critical attention and have their
flaws and that’s precisely the reason of this letter.
For in my opinion the International Red Cross attention for the Ukrainian
refugees, who have crossed the Polish Border is far more greater than the attention for the refugees, who tried to cross the Polish Border and are still trapped between the borders of Poland and Belarus.
Now I will not say, that the International Red Cross did nothing for these refugees.
On the contrary:
My great appreciation for the Good Work of the Finnish Red Cross, that
helped those people wonderfully! [1]
I also appreciate the emergency calls and involvement
of the American Red Cross, The Belarus Red Cross, the Poland Red Cross,
the Lithuanian Red Cross and the other Red Cross departments [2]
Thank you, Finnish Red Cross [which gets this letter cc also]
and thank you, the other mentioned and peerhaps not mentioned Red Cross departments !
Also a Shout out to all those anonymous Polish people,
who helped refugees! [3]
And I express my appreciation to the president of the International
Federation of Red Cross and Red Crescent Societies mr F Rocca, who
stated, that thee should be no difference in the reception and protection
of refugees, whether they are Ukrainians or coming from other countries.
I quote him:
”“The political, public and humanitarian response to the Ukraine crisis has shown what is possible when humanity and dignity comes first, when there is global solidarity and the will to assist and protect the most vulnerable,”and”
“This must be extended to everyone in need, wherever they come from. Ethnicity and nationality should not be deciding factors in saving lives.” [4]
UKRAINIAN REFUGEES VERSUS REFUGEES, TRAPPED BETWEEN
POLAND AND BELARUS
I referred to the great attention of the International Red Cross to the Ukrainian
refugees [5] and don’t get me wrong:
I appreciate that very much and I think it is of the utmost importance to stand
for these people, who were the victims of the Russian invasion and had to flee their countries under so dramatic circumstances.
I sympathise with all refugees whoever they are and where they came from
and I know the International Red Cross does the same.
And yet, according to me, sometimes things go wrong.
Too often I learn from people from the field: Volunteers who do their utmost
to help those. who are trapped between the borders of Belarus and Poland, that
the Red Cross is not, or not enough, present to help the between border refugees”:
I quote something that made great impression on me:
It’s from mrs Anna Albot, a spokeswoman for the Polish Minority
Right Group [also mentioned in cc] and member of the Grupa Granica:
Quote: [first in Dutch, then translation in English]:
”Waar is het Rode Kruis, de Internationale Organisatie voor Migratie van de VN en de VN-vluchtelingenorganisatie? Die organisaties die zelfs in oorlogsgebieden opereren? Die voedsel en water naar de gevaarlijkste criminelen brengen? Is Elina, 5, gevaarlijker of minder waard? ” [6]
In English:
”Where is the Red Cross, The International Organisation for Migration
of the UN and the UNHCR?
Those organisations which even operate in warzones?
Which bring food and water to the most dangerous criminals?
Is Elina, 5, more dangerous and worth less?
Mrs Albot also published this article in the Guardian [8 december 2021]
QUESTIONS TO THE INTERNATIONAL RED CROSS
This was in december 2021
And to my knowledge, the situation of the refugees, trapped
in the Polish-Belarussian border is yet inhuman, as is the
situation of the refugees, who reached Poland and are in
Polish detention centres in dire conditions.
See the statement of Amnesty International [7]
Now I had the impression, that on this moment, the main attention
of the International Cross goes to the Ukrainian refugees and that the
trapped refugees between Poland and Belarus are somewhat forgotten.
When I am wrong, please send me the information about
your involvement in the no one land between those borders.
When I am NOT wrong, please explain to me, why the International
Red Cross shows less attention to those refugees:
Are you being hindered in your activities, something volunteers have experienced in the past months? [8]
And if that’s so, what did you do, as an International Organisation, to
address to this situation?
Did you write to the Polish and Belarussian authorities?
Did you gave press conferences about this?
Did you try to visit the Polish detention centres, where, according to the
information of Amnesty International, the border refugees are being
mistreated and denied their right to asylum? [9]
If not, why not?
Because you are hindered in your activities?
And again the question:
If you are hindered in your activities, what did you do to protest and get access anyway, as
is your right and obligation as the International Red Cross?
And when, suppose you HAD access to the mentioned detention centres and
were not hindered in your activities, why did you give more attention
to the Ukrainian refugees then to those trapped between Belarus and
Poland.
Again, I don’t say you on purpose neglected those between borders refugees, I only had the impression more attention went to the Ukrainian refugees, who have, of course, the full right to your attention, only not more then
others.
EPILOGUE
Dear president, members of the International Red Cross, I hope you
forgive me my bold and critical questions, but they were necessary:
Like Amnesty International [10] I am very concerned about the
inhuman situation of the refugees between the border, as their reception in
Poland, that is quite different from the warm welcome
the Ukrainian refugees received, as it should be for all refugees.
You as a great humanitarian organisation can make the difference and
show the World and especially the European leaders, that all refugees
must be treated and received humanely, regardless where they came from
or what their origins are.
Do your best.
The refugees count on you!
And if you’re pressed with time and can’t answer me, no problem
All I want is that you do your humanitarian task to all refugees,
The situation of migrants trying to enter the EU at the border of Poland, Lithuania and Belarus is alarming. Thousands of migrants have been stuck on the border region since early autumn. The situation of people sleeping without shelter is expected to worsen as the winter approaches.
The Belarusian, Polish and Lithuanian Red Cross organisations are helping migrants at the borders by distributing food, clean water, hygiene supplies, clothes and blankets and by offering essential health care.
The health of the people sleeping rough is at continuous risk. At least 10 people are known to have died. Among them, a 14-year-old boy who died of hypothermia.
“There are hundreds of children at the border, many of whom have been separated from their families. The are also pregnant women and disabled people among the migrants. Their situation is worsening by the hour as the crisis drags on and nights become colder,” says the Director of International Operations at the Finnish Red Cross Tiina Saarikoski.
“All states are obliged to ensure that humanitarian aid gets through to its target. People have the right to necessary protection, care and safety, regardless of whether they are granted the right to stay in the country or not.”
The International Committee of the Red Cross helps migrants establish contact with their family members.
The Finnish Red Cross maintains preparedness for large-scale migration as part of its continuous readiness. As agreed with the authorities, the Red Cross is permanently prepared to establish and maintain reception centres and temporary accommodation units at the request of the authorities.
The Finnish Red Cross has not received official requests in relation to the situation in Poland, Lithuania and Belarus.
“The most important thing right now is to deliver necessary aid to the migrants in unsafe conditions and allow humanitarian operators to provide aid,” Saarikoski emphasises.
The Red Cross is urgently providing relief efforts as thousands of people risk their lives in freezing conditions along the Belarus-Poland border. At least 10 people have died and an estimated 2,000 people are living in makeshift camps near the border between Belarus and neighboring countries Poland, Lithuania and Latvia. The International Federation of Red Cross and Red Crescent Societies (IFRC) urges unhindered access to the border be provided to help the men, women and children risking their lives for a safer future.
Belarus Red Cross has been coordinating aid from partners since last week, distributing food, water, blankets and warm clothes. Staff and volunteers are involved in a continuous response to the situation, sorting and distributing packages, as well as helping authorities set up heating tents for women and children. Assistance was also provided for three children who were hospitalized.
“We are concerned about the increasingly serious situation on the Poland-Belarus border, after large groups of migrants arrived there on November 8. We call for access for the Red Cross and other humanitarian organizations so that all people in need, at the border and other locations, can receive medical treatment, humanitarian assistance and protection services,” said Andreas von Weissenberg, IFRC Europe’s head of Disasters, Climate and Crises.
“While Belarus Red Cross has thankfully been given some access to provide vital life-saving aid to people enduring hunger and freezing conditions, we need that access to be regular and also get access on the other side of the border. People need to be treated humanely,” von Weissenberg said.
The Polish Red Cross has been responding to this crisis for several weeks, delivering blankets, sleeping bags and clothes. Local branches are supporting migrants in provinces near the border with food, water and hygiene kits, as well as providing first aid and helping people trace family members.
Lithuanian Red Cross teams have also been supporting migrants close to the border with water, hygiene kits, footwear and clothing, as well as toys for children. In five large reception centers, volunteers provide food and other humanitarian aid, offer psychological support and legal assistance and help people reconnect with their loved ones by providing mobile phones and SIM cards.
IFRC is in the process of providing the Belarus Red Cross, Polish Red Cross and Lithuanian Red Cross with emergency funding to support the migrants with food, clothes, hygiene items, first aid and family reunification services.
“Humanitarian organizations must be granted unconditional and safe access to all people in need, irrespective of their legal status. People are crossing the border with just the clothes on their backs. They need food, medicine, hygiene items, clothing, and protective equipment against COVID-19. We must be allowed to deliver critical assistance and we want to see a peaceful, humane and rights-based solution to the situation,” von Weissenberg concluded.
[3]
24/7 NEWS BULLETIN
IT’S HEART BREAKING: HOW POLISH VOLUNTEERS
RESCUE POVERTY STRICKEN MIGRANTS AT
THE BELARUSIAN BORDER
11 NOVEMBER 2021
https://247newsbulletin.com/politics/4802.html
While the official Warsaw refuses to let in the migrants who have accumulated on the Belarusian border, not wanting to recognize them as refugees, many Poles express a desire to help people in difficult situations.
In the Polish media, you can see lists of various NGOs that are involved in helping migrants, as well as talk about ways to help them. One of the most popular is called a financial donation, but it is also suggested to become a volunteer working with refugees. The monetary contributions are spent on humanitarian transportation, shelter, medical and legal assistance, and integration with the host society.
“You don’t have to be at the border to help refugees,” writes Gazeta Wyborcza. “We can’t do much on this issue, but here’s exactly what we can: offer a blanket, a sleeping bag or waterproof clothing.”
Among the organizations that help refugees and migrants, mention is made, for example, of Caritas Polska, which carries out humanitarian aid campaigns both in Poland and abroad. This organization operates centers for refugees and migrants in Szczecin, Kalisz and Warsaw, providing systematic assistance in the field of intercultural integration, career counseling, psychological and legal assistance, classes in community centers and educational packages. Since the beginning of the current migration crisis at the Polish-Belarusian border, Caritas Polska has been organizing humanitarian transfers to centers where foreigners arrive, providing migrants with food, detergents, hygiene items, and blankets.
Helping migrants and the Polish Red Cross collecting material gifts for aid packages for migrants. Donations are accepted at Red Cross offices throughout Poland. Currently, the most in demand are: jackets, sweaters, thick socks, warm shoes, hats, scarves, blankets and sleeping bags. At the same time, clothes and shoes must be new or used, but in good condition. High-energy products are accepted (bars, chocolate, dried fruits), as well as other food products (pies and other canned poultry, canned fish, crackers, waffles, etc.).
The Polish non-governmental humanitarian organization Grupa Granica, which monitors the situation on the Polish-Belarusian border, believes that refugees need to be rescued as soon as possible. Indeed, if the Polish border police finds injured migrants before doctors, they send them back to Belarus, explaining this step by the fact that their health condition may deteriorate at any time, and the risk of death in such conditions is great.
The Guardian tells how 15 Iraqi Kurds ended up in the forests of the Polish village of Narewka after they managed to cross the border of Belarus and the European Union. All migrants had early signs of hypothermia. One woman could hardly walk. They had no choice but to turn to volunteers for help. A team from Grupa Granica, before the border guards, found migrants who found themselves in completely extreme conditions. It was already starting to get dark, and the temperature dropped to almost zero degrees. Volunteers distributed blankets and hot tea to people.
After some time, the police arrived in the forest. Up to this point, volunteers have explained to the frozen migrants how to properly apply for asylum.
“We have about eight teams operating near the border and a total of about 40 people,” Anna Albot, a spokeswoman for the Polish Minority Rights Group and member of Grupa Granica, told The Guardian. – Whenever we receive calls from migrant families, we send a request to our teams and check who is closest to the place. People often ask for food, water, a doctor, or clothing. The other day I met a Syrian family who didn’t even have shoes. ”
Anna Chmielewska, coordinator of the Center for Assistance to Foreigners in Warsaw, noted that “it is difficult to work in the border zone for several reasons”. First, the Polish police stop the cars of the volunteers a few kilometers before the Kuznitsa checkpoint on the Polish-Belarusian border. The fact is that three kilometers from the border begins the territory on which the state of emergency is in force, so access to it is prohibited.
“We cannot get into this zone and help the people who are there,” she added. “Only local residents can do this.” According to her, volunteers only have the opportunity to contact migrants only when they can pass the border zone: “But not everyone succeeds in doing this. Winter is coming and people are not ready to stay outside in the cold day after day. We are afraid that bad weather will lead to more deaths. It’s heartbreaking for us. “
In addition, the activist said that border police officers often behave quite aggressively. “We are not doing anything illegal, but they make us feel like we are violators,” Khmelevska said. “Helping people is okay. But in the current situation we seem to be engaged in secret activities. “
According to a representative of another non-governmental Polish organization, Medycy na granicy (Doctors at the Border – MK), border guards periodically obstruct the provision of medical assistance to migrants.
On their official Facebook page, the volunteers reported that before going on another call, they found that the ambulance’s wheels had been deflated. In addition, the doctors found “people in uniform” at the service car, and an olive-colored car with registration numbers beginning with the letters denoting the off-road vehicles of the Polish army stood nearby, the report said.
The doctors added that they tried to talk to the people sitting in the car, but they left almost immediately. Then they turned to the Ministry of National Defense of Poland with a request to “urgently provide clarification regarding this shameful incident.”
The department gave a response almost immediately. “The soldiers of the Polish army have no relation to the damage to the ambulance at the border,” the ministry’s press service informed. “They have much more serious questions than the denial of fake news in the media space.”
At the same time, such situations do not lead volunteers astray. They continue to provide assistance to refugees. On their social networks, doctors posted a post in five languages – English, French, Arabic, Persian and Kurdish – with the following content: “If you or someone from your family needs any humanitarian or medical assistance on the Polish-Belarusian border, write US. We will connect you with the right people. “
Those wishing to help migrants have to face not only opposition from the authorities. After one of the theaters in the city of Legnica began collecting gifts for refugees on the Polish-Belarusian border, it was attacked by haters on the Internet. “But there are more people willing to help,” says one of the initiators of the action.
In this regard, Polish volunteers are pleased to know that activists from Germany are trying to help migrants stranded on the Polish-Belarusian border. According to the Polish Internet resource Oko.press, a group of German volunteers came to Poland to deliver parcels for refugees to local organizations, show solidarity with immigrants and protest against the actions of the Polish authorities and the inaction of German politicians.
“We have free seats on the bus,” says one of the activists Ruben Neugebauer. “We could take people who need help with us. If only the German government would agree to this … We call on the German authorities to create humanitarian corridors on the Polish-Belarusian border. This should be one of the priorities of the government that is currently being formed in Germany. “
.
Source From: MK
[4]
IFRC PRESIDENT: ETHNICITY AND NATIONALITY SHOULD NOT
New York / Geneva, 16 May 2022 – President of the International Federation of Red Cross and Red Crescent Societies (IFRC) Francesco Rocca calls on states to step up to their responsibility to save lives, no matter where people are from, ahead of the first review of the Global Compact for Migration (GCM).
Mr Rocca says: “When I was in Marrakech for the adoption of the GCM I made a statement that the world’s approach to migration is painfully broken – but that the GCM can fix it. As we begin the first review of the progress made since then, I am sad to say that this has not been the case so far. Not enough changes to policies and practices to ensure safe and dignified migration have taken place, and many more lives have been lost due to that failure to act.”
On the world’s deadliest sea migration route, the central Mediterranean, the number of deaths has in fact increased since the GCM was signed. The Ocean Viking ship, operated by SOS Mediterranée with IFRC providing humanitarian services on board, saves people in distress on this route.
“We need to carry out this work as state-coordinated search and rescue is absent in the area,” says Mr Rocca. “Our teams have already saved 1,260 people in the nine months we’ve been operating.”
The Ocean Viking is one of the 330 Humanitarian Service Points (HSPs) in 45 countries that supports the ambitions of the GCM, providing assistance and protection to people on the move irrespective of status and without fear of reprisal. The Romanian Red Cross implements HSPs in Bucharest to support people fleeing Ukraine, providing information, food, water, hygiene items and financial assistance, while the Hungarian Red Cross has been operating a HSP at the Keleti railway station 24/7 to welcome people arriving from Ukraine by train with information, food, hygiene items and baby care products.
During the COVID-19 pandemic, the Colombian Red Cross Society has implemented HSPs at the border with Venezuela, offering essential services like healthcare, while Libyan Red Crescent volunteers have provided support to migrants and displaced people, operating HSPs that provided access to information, food, and other necessities, as well as restoring family links services.
At the International Migration Review Forum (IMRF), the IFRC is calling for individual and collective efforts on search and rescue; ensuring access to essential services for migrants regardless of status; scaling up support to people affected of climate related displacement; and the inclusion of migrants in all aspects of society and decision making.
“The political, public and humanitarian response to the Ukraine crisis has shown what is possible when humanity and dignity comes first, when there is global solidarity and the will to assist and protect the most vulnerable,” says Mr Rocca. “This must be extended to everyone in need, wherever they come from. Ethnicity and nationality should not be deciding factors in saving lives.”
Three months into the ongoing conflict in Ukraine, the International Federation of Red Cross and Red Crescent Societies (IFRC) has distributed financial assistance totalling more than 4.3 million Swiss francs to thousands of people on the move.
IFRC Head of Emergency Operations for the Ukraine response, Anne Katherine Moore, said:
“The longer the conflict continues, the greater the needs become. The cost of basic necessities, such as fresh fruit and vegetables, is rising. Increases in the cost of fuel and apartment rentals are also being reported. Millions of people have lost their jobs and their savings are dwindling. Through a new mobile app, we have been able to ramp up our support to help people facing these financial challenges.”
The new technology makes it possible for the IFRC and responding National Societies to reach people at scale and to deliver cash assistance digitally. Successfully introduced in Romania, the mobile app allows refugees to self-register for assistance online, negating the need and cost involved of having to travel to a central location.
The app will soon be expanded to Poland and Slovakia, where cash assistance is already being provided through more traditional methods such as in-person registration, as well as Ukraine and other neighbouring countries.
“This is the fastest we have ever delivered cash at this scale. It has the potential to be a game-changer for our work not just in this response, but also in future operations,” Moore continued.
Cash assistance is a dignified and efficient way to support people impacted by the conflict, allowing them to purchase items specific to their individual needs, while also supporting local economies. It is one part of our integrated and wide-ranging Red Cross and Red Crescent response to the conflict that also includes the provision of health care, first aid, psychosocial support and the distribution of basic household necessities.
Speaking about next steps, Moore said: “There is no short-term solution to the needs of the more than 14 million people who have been forced to flee their homes. We know that even if the conflict was to end tomorrow, rebuilding and recovery will take years. People have lost their homes, their livelihoods, and access to timely healthcare. The IFRC, in support of local National Red Cross Societies in the region, will be there helping people now, and in the months and years to come.”
During the past three months:
Together, we have reached more than 2.1 million people with life-saving aid within Ukraine and in surrounding countries. This is 1 in 10 people who had to flee their homes because of the conflict.
Along the travel routes within and outside Ukraine, we’ve set up 142 Humanitarian Service Points in 15 countries to provide those fleeing with a safe environment. There, they receive essential services like food, hygiene items, blankets, clothing water, first aid, psychosocial support, information, and financial assistance.
In total, we distributed 2.3 million kilograms of aid.
71,000 Red Cross and Red Crescent volunteers are responding to the crisis.
Due to the conflict escalation in Ukraine, millions of people have left their homes and crossed into neighbouring countries. The Ukrainian Red Cross is helping people affected by the conflict as the security situation allows. National Societies in surrounding countries, with support from the IFRC, are assisting people leaving Ukraine with shelter, basic aid items and medical supplies. People from Ukraine will need long-term, ongoing support. Our priority is addressing the humanitarian needs of all people affected by the conflict, inside and outside Ukraine.
8 dec 2021, door Anna Albot in the Guardian. Zij is met in Narewka, Polen, vlakbij de grens met Wit-Rusland.
Het helpen van vluchtelingen die verhongeren in de ijzige grensbossen van Polen is illegaal, maar het is niet de echte misdaad
Eén gedachte gaat constant door mijn hoofd: “Ik heb kinderen thuis, ik kan niet de cel in, ik kan niet de cel in.” De politiek ligt buiten mijn bereik of dat van de slachtoffers aan de grens tussen Polen en Wit-Rusland. Die gaat erom dat de vertrekkende Duitse kanselier Angela Merkel doordringt tot Alexander Loekasjenko, de president van Wit-Rusland. Het is ironisch dat deze grens meer dan 50 mediaploegen op de been heeft gebracht, maar Polen de enige plaats in de EU is waar journalisten niet vrijuit kunnen rapporteren.
Ondertussen nadert de strenge Noord-Europese winter en bevriezen mijn vingers in de donkere sneeuwnachten.
De grenssituatie laat de kloof zien tussen wat legaal is en wat moreel is. Hij beheerst de inspanningen van degenen die levens redden. Het enige wat wij, activisten in de bossen aan de grens tussen Polen en Wit-Rusland, kunnen doen is water, voedsel en kleding naar wanhopige mensen brengen. Maar deze fundamentele humanitaire daad, kan alleen in het geheim worden uitgevoerd. We moeten ons verstoppen en door de bossen sluipen. De aandacht trekken van grenswachten, politie of leger zou een nieuwe pushback kunnen forceren.
We ontmoeten bange ogen, uitgeputte gezichten, lichamen kapot door de kou … Bevroren, dorstige, hongerige mensen.
Ik heb verschillende groepen tussen de bomen ontmoet: gezinnen, moeders met kinderen, vaders met gehandicapte kinderen, ouderen en mensen uit de meest kwetsbare groepen ter wereld – etnisch, religieus en LGBTQ+. Ze zochten vrijheid, maar werden sinds augustus tot nu, december, vijf, tien en zelfs vijftien keer teruggedreven naar Wit-Rusland.
Tijdens mijn nachtelijke tochten ben ik uitgerust met een grote rugzak vol thermoskannen warme soep, sokken, laarzen, jassen, handschoenen, sjaals, mutsen, pleisters, medicijnen en powerbanks. Ik loop in het donker en verschuil me achter bomen als ik helikopters hoor of de felle lichten van de politie zie. Ik hoor het geplons van de soep in de kannen op mijn rug, ik hoor mijn kortademigheid – niemand heeft me geleerd om te sluipen en onzichtbaar te zijn als een beroepsmilitair. Ik heb jarenlang voor mensenrechten gewerkt, de meeste EU-grenzen en vluchtelingenkampen bezocht, maar ik was nooit bang om takken onder mijn voeten te laten kraken of voor het ritselen van de bomen boven mijn hoofd terwijl ik me voortbeweeg.
Uit persoonlijke verhalen en bewijzen verzameld door Minority Rights Group International en collega’s van Grupa Granica, een alliantie van 14 Poolse maatschappelijke organisaties die reageren op de crisis, weten we dat er minstens 5.000 mensen in de bossen zijn geweest en dat er momenteel minstens 1.000 zijn. We hebben met iedereen contact gehad: wanhopige slachtoffers van een walgelijk machtsspel tussen staten.
Elke keer dat we reageren op een telefoontje van iemand in nood, of hun moeder die nog in Irak of Afghanistan is, of een neef in Berlijn, hangen we onze rugzakken om en gaan. Dag en nacht – lang nadat de wereld zijn interesse heeft verloren. Soms zijn we uren op zoek naar mensen. Die veranderen voor de veiligheid vaak van locatie. Soms zijn bejaarde grootmoeders of de kleine kinderen die geen energie meer hebben om te lopen, gestrand in Poolse moerassen. Nu de bossen bedekt zijn met sneeuw en mensen ons niet kunnen bellen omdat hun telefoons zijn vernietigd door het Poolse leger, gebruiken we infrarood camera’s.
We ontmoeten bange ogen, uitgeputte gezichten, lichamen kapot door de kou, wanhopig verzwakt na weken in het ijzige, natte bos. Bevroren, dorstige, hongerige mensen. Ik had geen idee wat honger betekende. Ik gaf mijn kinderen wel eens een stuk chocola als ze klaagden voor het eten. Ik heb armoedestatistieken en geschiedenisboeken gelezen. Ik wist niets van honger.
Mensen aan de grens tussen Polen en Wit-Rusland hebben al weken niet gegeten. Om de paar dagen krijgen ze, als ze geld hebben, misschien een oude aardappel van een Wit-Russische soldaat na een gewelddadige pushback over het prikkeldraad. Die delen ze met de kinderen. Ze hebben dagenlang niets te drinken. Of drinken moeras- of regenwater, dat maagkrampen en een verlammende hoofdpijn veroorzaakt, waardoor ze verder verzwakken.
We wensen hen het beste aan het einde van onze ontmoeting. Voor een paar dagen voldoende voedsel en water achterlaten is onmogelijk: niemand heeft de kracht om zoveel te dragen. We kunnen geen mensen meenemen of naar een veilige plek brengen. Dat zou een strafbaar feit zijn. Maar het is geen misdaad om deze mensen langzaam dood te laten gaan…
Waar is het Rode Kruis, de Internationale Organisatie voor Migratie van de VN en de VN-vluchtelingenorganisatie? Die organisaties die zelfs in oorlogsgebieden opereren? Die voedsel en water naar de gevaarlijkste criminelen brengen? Is Elina, 5, gevaarlijker of minder waard? Ze heeft epilepsie, maar geen medicijnen. Ik ontmoette haar in het bos met negen andere Koerden, allemaal zonder laarzen. Ze hebben thuis oorlogen en luchtaanvallen overleefd, maar kunnen in het Poolse bos doodvriezen. Bij elke pushback pakken Poolse en Wit-Russische officieren alles af: geld, kleding en schoeisel.
Er was de groep van negen vrouwen uit de Democratische Republiek Congo, waarschijnlijk verhandeld. Toen ik ze de situatie uitlegde, huilden en huilden ze maar. Of de Yezidi-zussen, die zeven jaar geleden ontsnapten aan de genocide in Sinjar, Irak, maar nog steeds op zoek zijn naar een veilige plek. Of de jongens uit Jemen, die perfect Engels spreken. Of de drie homoseksuele mannen uit Iran, wanhopig om niet teruggestuurd te worden naar Wit-Russische soldaten.
We blijven contact houden. Als ze erin slagen hun telefoons te verbergen, kunnen we communiceren na een pushback. Ze delen foto’s en video’s van Wit-Russische honden. Laten me bijtwonden zien als we elkaar aan de Poolse kant ontmoeten. Zij huilen. Ze vragen om advies. Ze willen hun familie niet vertellen over hun benarde situatie, maar ze hebben iemand nodig om mee te praten.
“De vijfde pushback. Na de zesde pleeg ik zelfmoord.”
“Ik heb mijn zoon verloren, hij heeft astma. De laatste keer dat hij belde was drie dagen geleden. Weet je waar hij is?”
“Wanneer ben je hier? Heb je water? Al is het een druppel?”
Onderworpen aan een desinformatiecampagne krijgen de vluchtelingen tegenstrijdige berichten van Wit-Russische diensten, die formulieren verspreiden over de vestiging in Polen of Duitsland. Dit schept hoop op een veilige reis. Maar het echte doel is om ze aan de Poolse grens neer te zetten om druk uit te oefenen op de EU. Sommige verontrustende berichten suggereren dat migranten worden gedwongen om deel te nemen aan geweld als onderdeel van Wit-Russische pogingen om Poolse functionarissen te provoceren.
Met het risico van een escalatie van geweld willen wij, de activisten in de bossen, de wereld eraan herinneren dat vluchtelingen geen agressors zijn. Ze zijn gijzelaars van het regime van Loekasjenko, dat hen voor zijn agenda gebruikt.
Polen sturen me berichten: “Waar moet ik warme en donkere kleding naartoe sturen?” “Hoe is de situatie aan de grens? De media laten ons alleen video’s zien van het Poolse ministerie of de Wit-Russische autoriteiten.” “Ik huil als ik mijn kinderen in bed stop. Schrijf alsjeblieft iets dat kan helpen.”
Dunja Mijatović, de commissaris voor mensenrechten van de Raad van Europa, verbleef vier dagen in Polen en ging met ons mee het veld in. Ze zei: “De grootste kracht van de hulpbeweging voor vluchtelingen aan de grens tussen Polen en Wit-Rusland zijn de inwoners van de naburige steden – in de noodzone en ernaast. Het is hun compassie en empathie die het leven van mensen in het bos verlengt. Hun moed en onbaatzuchtigheid. Hun goedheid redt levens.”
Anderen zien het natuurlijk anders: mensen die aan de grens helpen zijn “vijanden van de natie”, “agenten van Loekasjenko”, “schuldig aan het vernietigen van Europese waarden”, “het uitnodigen van terroristen hier”.
We maken ons schuldig aan het achterlaten van pakken water in het bos voor de dorstigen. We maken ons schuldig aan het uitdelen van soep. Aan schoenen aan koude voeten doen die niet meer konden bewegen. Als helpen illegaal is, begrijpen we dan wel wat misdaad is?
Anna Alboth is vrijwilliger bij Minority Rights Group
[7]
AMNESTY INTERNATIONAL
POLAND/BELARUS: NEW EVIDENCE OF ABUSES HIGHLIGHTS
”HYPOCRISY” OF UNEQUAL TREATMENT OF ASYLUM SEEKERS
Poland/Belarus: New evidence of abuses highlights ‘hypocrisy’ of unequal treatment of asylum-seekers
Authorities violating rights of asylum-seekers, including strip searches and other degrading treatment, in overcrowded detention centres
Some people forcibly sedated during return
Pushbacks and arbitrary detention in stark contrast with welcome shown to those fleeing Ukraine
Spokespeople available
The Polish authorities have arbitrarily detained nearly two thousand asylum-seekers who crossed into the country from Belarus in 2021, and subjected many of them to abuse, including strip searches in unsanitary, overcrowded facilities, and in some cases even to forcible sedation and tasering, Amnesty International said today.
Additionally, after a hiatus during winter, more asylum-seekers are now trying to enter Poland from Belarus, where they are unable to access further funds due to international sanctions and risk harassment or apprehension by Belarusian police due their irregular immigration status. At the Polish border they face razor wire fences and repeated pushbacks by border guards sometimes up to 20-30 times.
“This violent and degrading treatment stands in stark contrast to the warm welcome Poland is offering to displaced people arriving from Ukraine. The behaviour of the Polish authorities smacks of racism and hypocrisy. Poland must urgently extend its admirable compassion for those entering the country from Ukraine to all those crossing its borders to seek safety.”
Arbitrary detention and abysmal detention conditions
Polish border guards have systematically rounded up and violently pushed back people crossing from Belarus, sometimes threatening them with guns. The vast majority of those who have been fortunate enough to avoid being pushed back to Belarus and to apply for asylum in Poland are forced into automatic detention, without a proper assessment of their individual situation and the impact detention would have on their physical and mental health. They are often held for prolonged and indefinite periods of time in overcrowded centres that offer little privacy and only limited access to sanitary facilities, doctors, psychologists, or legal assistance.
Almost all of the people Amnesty International interviewed said they were traumatized after fleeing areas of conflict and being trapped for months on the Belarusian-Polish border. They also suffered from serious psychological problems, including anxiety, insomnia, depression and frequent suicidal thoughts, undoubtedly exacerbated by their unnecessary metres. For most, psychological support was unavailable.
Retraumatized inside a military base
Many of the people who Amnesty spoke to had been in Wędrzyn detention centre, which holds up to 600 people. Overcrowding is particularly acute in this facility, where up to 24 men are detained in rooms measuring just eight square metres.
In 2021, the Polish authorities decreased the minimum required space for foreign detainees from three square meters per person to just two. The Council of Europe minimum standard for personal living space in prisons and detention centres is four square meters per person.
People held in Wędrzyn recounted how guards greeted new detainees by saying “welcome to Guantánamo”. Many of them were victims of torture in their home countries before enduring harrowing experiences both in Belarus and on the border of Poland. The detention centre in Wędrzyn forms part of an active military base. The facility’s barbed wire walls — and the persistent sound of armoured vehicles, helicopters and gunfire from military exercises in the area — only serves to retraumatize them.
In Lesznowola Detention Centre, detainees said that guards’ treatment left them feeling dehumanized. The staff called detainees by their case numbers instead of using their names and meted out excessive punishments, including isolation, for simple requests, such as asking for a towel or more food.
Nearly all those interviewed reported consistently disrespectful and verbally abusive behaviour, racist remarks and other practices that indicated psychological ill-treatment.
Men who Amnesty International interviewed uniformly complained about the manner in which body searches were conducted. When people were transferred from one detention centre to another, they were forced to undergo a strip search at each facility, even though they were in state custody at all times. In Wędrzyn, people recounted abusive searches. For example, all newly admitted foreigners are kept together in a room, required to remove all of their clothes and ordered to perform squats longer than necessary for a legitimate check.
Violent forcible returns
Amnesty International interviewed several people who were forcibly returned as well as some who avoided return and remain in detention in Poland. Many said the Polish border guards who conducted the returns coerced them into signing documents in Polish that they suspected included incriminating information in order to justify their returns. They also said that, in some cases, border guards used excessive force, such as tasers, restrained people with handcuffs, and even sedated those being returned.
Authorities attempted to forcibly return Yezda, a 30-year old Kurdish woman , with her husband and three small children. After being told that the family would be returned to Iraq, Yezda panicked and screamed and pleaded with the guards not to take them. She threatened to take her life and became extremely agitated. “I knew I could not go back to Iraq and I was ready to die in Poland. While I was crying like that, two guards restrained me and my husband, tied our hands behind our backs, and a doctor gave us an injection that made us very weak and sleepy. My head was not clear, but I could hear my children, who were in the room with us, crying and screaming.”
“We were asked to go through the airport security and the guards told us to behave on the plane. But I refused to go. I remember noticing that I didn’t even have any shoes on, as in the chaos at the camp, they slipped of my feet. My head was not clear, and I couldn’t see my husband or the children, but I remember that they forced me on the plane that was full of people. I was still crying and pleading with the police not to take us.” Yezda said that she broke her foot as she fought the guards who tried to put her on the plane. Yezda and her family were returned to Warsaw after the airline refused to take them to Iraq. They remain in a camp in Poland for now.
Volunteers and activists have been barred from accessing the border of Poland and Belarus, and some have even faced prosecution for trying to help people cross the border. In March, activists who had helped people both on Poland’s borders with Ukraine and with Belarus were detained for providing life-saving assistance to refugees and migrants on the Belarussian border, and now face potentially serious charges.
Stranded at the border
On 20 March, the Belarusian authorities reportedly evicted close to 700 refugees and migrants, including many families with young children and people suffering from severe illnesses and disabilities, from the warehouse in the Belarusian village of Bruzgi which had accommodated several thousand people in 2021.
People who were evicted from the warehouse suddenly found themselves stranded in the forest, trying to survive in sub-zero temperatures without shelter, food, water or access to medical care. Many remain in the forest and experience daily abuse from the Belarusian border guards, who use dogs and violence to force people to cross the border into Poland.
“Hundreds of people fleeing conflict in the Middle East and other parts of the world remain stranded on the border between Belarus and Poland. The Polish government must immediately stop pushbacks. They are illegal no matter how the government tries to justify them. The international community – including the EU – must demand that those trapped on Poland’s border with Belarus be afforded the same access to EU territory as any other group seeking refuge in Europe,” said Jelena Sesar.
END OF THE ARTICLE
REPORT AMNESTY INTERNATIONAL
POLAND: CRUELTY, NOT COMPASSION, AT EUROPE’S OTHER BORDERS
The rapid relief effort at the border, exceptional generosity of civil society and willingness of Polish authorities to receive people fleeing from Ukraine contrast starkly with the Polish government’s hostility toward refugees and migrants who have arrived in the country via Belarus since July 2021. Hundreds of people who crossed from Belarus have been arbitrarily detained in Poland in appalling conditions and without access to a fair asylum proceeding. Many have been forcibly returned to their countries of origin, some under sedation. In addition, hundreds of people remain stranded inside Belarus and face increasingly desperate conditions.
END OF THIS PIECE
FULL REPORT
AMNESTY INTERNATIONAL
POLAND: CRUELTY, NOT COMPASSION, AT EUROPE’S OTHER BORDERS
Doctors Without Borders removed its team on the Belarus-Poland border after Warsaw blocked access to migrants trying to enter the European Union. Camped in harsh conditions, several people have died on the EU’s doorstep.
Despite knowing people along the Belarus-Poland border were “in desperate need of medical and humanitarian assistance,” the medical charity Doctors Without Borders (MSF) said it withdrew its emergency response team from the region.
“Since October, MSF has repeatedly requested access to the restricted area and the border guard posts in Poland, but without success,” Frauke Ossig, the charity’s emergency coordinator for Poland and Lithuania, said on Thursday.
“We know that there are still people crossing the border and hiding in the forest, in need of support, but while we are committed to assisting people on the move wherever they may be, we have not been able to reach them in Poland,” Ossig added.
While many of the migrants received shelter in a logistics center, a number of people are reported to have died in the freezing, harsh conditions along the border.
Why can’t aid groups reach migrants and asylum-seekers?
On December 1, Poland’s Interior Ministry extended a state of emergency that prohibits all non-residents, including journalists and non-governmental aid groups, from the border area.
“People are being attacked and beaten at the hands of border guards, and yet state officials continue to allow the practice of pushing people between borders knowing that such maltreatment continues,” MSF said.
With thousands of people on the Belarusian side of the 400-kilometer (250-mile) stretch, Poland built a barbed-wire fence that it intends to replace with a permanent barrier and sent thousands of soldiers to the border, leaving the migrants stuck in camps in no man’s land and unable to apply for asylum in the European Union.
Polish border guards accused of illegal ‘pushbacks’
Polish border guards have been accused of forcibly pushing migrants and asylum-seekers back into Belarus — a move that breaches international law. At least 21 people have lost their lives in the attempt in 2021, MSF reported.
In December, the Polish civil society group Salam Lab reported that five Syrian and one Palestinian who managed to find their way outside Poland’s exclusion zone said they had been pushed back to Belarus several times by Polish authorities.
EU nations Latvia and Lithuania, which also share borders with Belarus, have also reinforced their border security and declared a state of emergency. MSF said it had not received access to migrants at the Belarusian-Lithuanian border.
Belarus denies this and has urged the EU to take in the migrants.
“The current situation is unacceptable and inhumane,” Ossig said. “People have the right to seek safety and asylum and should not be illegitimately pushed back to Belarus.”
[9]
AMNESTY INTERNATIONAL
POLAND/BELARUS: NEW EVIDENCE OF ABUSES HIGHLIGHTS
”HYPOCRISY” OF UNEQUAL TREATMENT OF ASYLUM SEEKERS
Questions about the International Red Cross attitude against
Ukrainian refugees versus refugees trapped between Belarus and
Poland
Your mission as International Red Cross
”The work of the ICRC is based on the Geneva Conventions of 1949, their Additional Protocols, its Statutes – and those of the International Red Cross and Red Crescent Movement – and the resolutions of the International Conferences of the Red Cross and Red Crescent. The ICRC is an independent, neutral organization ensuring humanitarian protection and assistance for victims of armed conflict and other situations of violence. It takes action in response to emergencies and at the same time promotes respect for international humanitarian law and its implementation in national law.
https://www.icrc.org/en/who-we-are/mandate
[When you are pressed with time, go directly to the part below:
”QUESTIONS TO THE INTERNATIONAL RED CROSS”]
Dear President
Dear members of the Assembly,
Firstly my great appreciation for your fantastic and indispensable Work
through the whole world!
Without your humanitarian involvement and the sometimes great risks
your co workers take, life would be extremely difficult, if not impossible,
for the millions of people you are helping day after day.
But even the best of organisations need critical attention and have their
flaws and that’s precisely the reason of this letter.
For in my opinion the International Red Cross attention for the Ukrainian
refugees, who have crossed the Polish Border is far more greater than the attention for the refugees, who tried to cross the Polish Border and are still trapped between the borders of Poland and Belarus.
Now I will not say, that the International Red Cross did nothing for these refugees.
On the contrary:
My great appreciation for the Good Work of the Finnish Red Cross, that
helped those people wonderfully! [1]
I also appreciate the emergency calls and involvement
of the American Red Cross, The Belarus Red Cross, the Poland Red Cross,
the Lithuanian Red Cross and the other Red Cross departments [2]
Thank you, Finnish Red Cross [which gets this letter cc also]
and thank you, the other mentioned and peerhaps not mentioned Red Cross departments !
Also a Shout out to all those anonymous Polish people,
who helped refugees! [3]
And I express my appreciation to the president of the International
Federation of Red Cross and Red Crescent Societies mr F Rocca, who
stated, that thee should be no difference in the reception and protection
of refugees, whether they are Ukrainians or coming from other countries.
I quote him:
”“The political, public and humanitarian response to the Ukraine crisis has shown what is possible when humanity and dignity comes first, when there is global solidarity and the will to assist and protect the most vulnerable,”and”
“This must be extended to everyone in need, wherever they come from. Ethnicity and nationality should not be deciding factors in saving lives.” [4]
UKRAINIAN REFUGEES VERSUS REFUGEES, TRAPPED BETWEEN
POLAND AND BELARUS
I referred to the great attention of the International Red Cross to the Ukrainian
refugees [5] and don’t get me wrong:
I appreciate that very much and I think it is of the utmost importance to stand
for these people, who were the victims of the Russian invasion and had to flee their countries under so dramatic circumstances.
I sympathise with all refugees whoever they are and where they came from
and I know the International Red Cross does the same.
And yet, according to me, sometimes things go wrong.
Too often I learn from people from the field: Volunteers who do their utmost
to help those. who are trapped between the borders of Belarus and Poland, that
the Red Cross is not, or not enough, present to help the between border refugees”:
I quote something that made great impression on me:
It’s from mrs Anna Albot, a spokeswoman for the Polish Minority
Right Group [also mentioned in cc] and member of the Grupa Granica:
Quote: [first in Dutch, then translation in English]:
”Waar is het Rode Kruis, de Internationale Organisatie voor Migratie van de VN en de VN-vluchtelingenorganisatie? Die organisaties die zelfs in oorlogsgebieden opereren? Die voedsel en water naar de gevaarlijkste criminelen brengen? Is Elina, 5, gevaarlijker of minder waard? ” [6]
In English:
”Where is the Red Cross, The International Organisation for Migration
of the UN and the UNHCR?
Those organisations which even operate in warzones?
Which bring food and water to the most dangerous criminals?
Is Elina, 5, more dangerous and worth less?
Mrs Albot also published this article in the Guardian [8 december 2021]
QUESTIONS TO THE INTERNATIONAL RED CROSS
This was in december 2021
And to my knowledge, the situation of the refugees, trapped
in the Polish-Belarussian border is yet inhuman, as is the
situation of the refugees, who reached Poland and are in
Polish detention centres in dire conditions.
See the statement of Amnesty International [7]
Now I had the impression, that on this moment, the main attention
of the International Cross goes to the Ukrainian refugees and that the
trapped refugees between Poland and Belarus are somewhat forgotten.
When I am wrong, please send me the information about
your involvement in the no one land between those borders.
When I am NOT wrong, please explain to me, why the International
Red Cross shows less attention to those refugees:
Are you being hindered in your activities, something volunteers have experienced in the past months? [8]
And if that’s so, what did you do, as an International Organisation, to
address to this situation?
Did you write to the Polish and Belarussian authorities?
Did you gave press conferences about this?
Did you try to visit the Polish detention centres, where, according to the
information of Amnesty International, the border refugees are being
mistreated and denied their right to asylum? [9]
If not, why not?
Because you are hindered in your activities?
And again the question:
If you are hindered in your activities, what did you do to protest and get access anyway, as
is your right and obligation as the International Red Cross?
And when, suppose you HAD access to the mentioned detention centres and
were not hindered in your activities, why did you give more attention
to the Ukrainian refugees then to those trapped between Belarus and
Poland.
Again, I don’t say you on purpose neglected those between borders refugees, I only had the impression more attention went to the Ukrainian refugees, who have, of course, the full right to your attention, only not more then
others.
EPILOGUE
Dear president, members of the International Red Cross, I hope you
forgive me my bold and critical questions, but they were necessary:
Like Amnesty International [10] I am very concerned about the
inhuman situation of the refugees between the border, as their reception in
Poland, that is quite different from the warm welcome
the Ukrainian refugees received, as it should be for all refugees.
You as a great humanitarian organisation can make the difference and
show the World and especially the European leaders, that all refugees
must be treated and received humanely, regardless where they came from
or what their origins are.
Do your best.
The refugees count on you!
And if you’re pressed with time and can’t answer me, no problem
All I want is that you do your humanitarian task to all refugees,
The situation of migrants trying to enter the EU at the border of Poland, Lithuania and Belarus is alarming. Thousands of migrants have been stuck on the border region since early autumn. The situation of people sleeping without shelter is expected to worsen as the winter approaches.
The Belarusian, Polish and Lithuanian Red Cross organisations are helping migrants at the borders by distributing food, clean water, hygiene supplies, clothes and blankets and by offering essential health care.
The health of the people sleeping rough is at continuous risk. At least 10 people are known to have died. Among them, a 14-year-old boy who died of hypothermia.
“There are hundreds of children at the border, many of whom have been separated from their families. The are also pregnant women and disabled people among the migrants. Their situation is worsening by the hour as the crisis drags on and nights become colder,” says the Director of International Operations at the Finnish Red Cross Tiina Saarikoski.
“All states are obliged to ensure that humanitarian aid gets through to its target. People have the right to necessary protection, care and safety, regardless of whether they are granted the right to stay in the country or not.”
The International Committee of the Red Cross helps migrants establish contact with their family members.
The Finnish Red Cross maintains preparedness for large-scale migration as part of its continuous readiness. As agreed with the authorities, the Red Cross is permanently prepared to establish and maintain reception centres and temporary accommodation units at the request of the authorities.
The Finnish Red Cross has not received official requests in relation to the situation in Poland, Lithuania and Belarus.
“The most important thing right now is to deliver necessary aid to the migrants in unsafe conditions and allow humanitarian operators to provide aid,” Saarikoski emphasises.
The Red Cross is urgently providing relief efforts as thousands of people risk their lives in freezing conditions along the Belarus-Poland border. At least 10 people have died and an estimated 2,000 people are living in makeshift camps near the border between Belarus and neighboring countries Poland, Lithuania and Latvia. The International Federation of Red Cross and Red Crescent Societies (IFRC) urges unhindered access to the border be provided to help the men, women and children risking their lives for a safer future.
Belarus Red Cross has been coordinating aid from partners since last week, distributing food, water, blankets and warm clothes. Staff and volunteers are involved in a continuous response to the situation, sorting and distributing packages, as well as helping authorities set up heating tents for women and children. Assistance was also provided for three children who were hospitalized.
“We are concerned about the increasingly serious situation on the Poland-Belarus border, after large groups of migrants arrived there on November 8. We call for access for the Red Cross and other humanitarian organizations so that all people in need, at the border and other locations, can receive medical treatment, humanitarian assistance and protection services,” said Andreas von Weissenberg, IFRC Europe’s head of Disasters, Climate and Crises.
“While Belarus Red Cross has thankfully been given some access to provide vital life-saving aid to people enduring hunger and freezing conditions, we need that access to be regular and also get access on the other side of the border. People need to be treated humanely,” von Weissenberg said.
The Polish Red Cross has been responding to this crisis for several weeks, delivering blankets, sleeping bags and clothes. Local branches are supporting migrants in provinces near the border with food, water and hygiene kits, as well as providing first aid and helping people trace family members.
Lithuanian Red Cross teams have also been supporting migrants close to the border with water, hygiene kits, footwear and clothing, as well as toys for children. In five large reception centers, volunteers provide food and other humanitarian aid, offer psychological support and legal assistance and help people reconnect with their loved ones by providing mobile phones and SIM cards.
IFRC is in the process of providing the Belarus Red Cross, Polish Red Cross and Lithuanian Red Cross with emergency funding to support the migrants with food, clothes, hygiene items, first aid and family reunification services.
“Humanitarian organizations must be granted unconditional and safe access to all people in need, irrespective of their legal status. People are crossing the border with just the clothes on their backs. They need food, medicine, hygiene items, clothing, and protective equipment against COVID-19. We must be allowed to deliver critical assistance and we want to see a peaceful, humane and rights-based solution to the situation,” von Weissenberg concluded.
[3]
24/7 NEWS BULLETIN
IT’S HEART BREAKING: HOW POLISH VOLUNTEERS
RESCUE POVERTY STRICKEN MIGRANTS AT
THE BELARUSIAN BORDER
11 NOVEMBER 2021
https://247newsbulletin.com/politics/4802.html
While the official Warsaw refuses to let in the migrants who have accumulated on the Belarusian border, not wanting to recognize them as refugees, many Poles express a desire to help people in difficult situations.
In the Polish media, you can see lists of various NGOs that are involved in helping migrants, as well as talk about ways to help them. One of the most popular is called a financial donation, but it is also suggested to become a volunteer working with refugees. The monetary contributions are spent on humanitarian transportation, shelter, medical and legal assistance, and integration with the host society.
“You don’t have to be at the border to help refugees,” writes Gazeta Wyborcza. “We can’t do much on this issue, but here’s exactly what we can: offer a blanket, a sleeping bag or waterproof clothing.”
Among the organizations that help refugees and migrants, mention is made, for example, of Caritas Polska, which carries out humanitarian aid campaigns both in Poland and abroad. This organization operates centers for refugees and migrants in Szczecin, Kalisz and Warsaw, providing systematic assistance in the field of intercultural integration, career counseling, psychological and legal assistance, classes in community centers and educational packages. Since the beginning of the current migration crisis at the Polish-Belarusian border, Caritas Polska has been organizing humanitarian transfers to centers where foreigners arrive, providing migrants with food, detergents, hygiene items, and blankets.
Helping migrants and the Polish Red Cross collecting material gifts for aid packages for migrants. Donations are accepted at Red Cross offices throughout Poland. Currently, the most in demand are: jackets, sweaters, thick socks, warm shoes, hats, scarves, blankets and sleeping bags. At the same time, clothes and shoes must be new or used, but in good condition. High-energy products are accepted (bars, chocolate, dried fruits), as well as other food products (pies and other canned poultry, canned fish, crackers, waffles, etc.).
The Polish non-governmental humanitarian organization Grupa Granica, which monitors the situation on the Polish-Belarusian border, believes that refugees need to be rescued as soon as possible. Indeed, if the Polish border police finds injured migrants before doctors, they send them back to Belarus, explaining this step by the fact that their health condition may deteriorate at any time, and the risk of death in such conditions is great.
The Guardian tells how 15 Iraqi Kurds ended up in the forests of the Polish village of Narewka after they managed to cross the border of Belarus and the European Union. All migrants had early signs of hypothermia. One woman could hardly walk. They had no choice but to turn to volunteers for help. A team from Grupa Granica, before the border guards, found migrants who found themselves in completely extreme conditions. It was already starting to get dark, and the temperature dropped to almost zero degrees. Volunteers distributed blankets and hot tea to people.
After some time, the police arrived in the forest. Up to this point, volunteers have explained to the frozen migrants how to properly apply for asylum.
“We have about eight teams operating near the border and a total of about 40 people,” Anna Albot, a spokeswoman for the Polish Minority Rights Group and member of Grupa Granica, told The Guardian. – Whenever we receive calls from migrant families, we send a request to our teams and check who is closest to the place. People often ask for food, water, a doctor, or clothing. The other day I met a Syrian family who didn’t even have shoes. ”
Anna Chmielewska, coordinator of the Center for Assistance to Foreigners in Warsaw, noted that “it is difficult to work in the border zone for several reasons”. First, the Polish police stop the cars of the volunteers a few kilometers before the Kuznitsa checkpoint on the Polish-Belarusian border. The fact is that three kilometers from the border begins the territory on which the state of emergency is in force, so access to it is prohibited.
“We cannot get into this zone and help the people who are there,” she added. “Only local residents can do this.” According to her, volunteers only have the opportunity to contact migrants only when they can pass the border zone: “But not everyone succeeds in doing this. Winter is coming and people are not ready to stay outside in the cold day after day. We are afraid that bad weather will lead to more deaths. It’s heartbreaking for us. “
In addition, the activist said that border police officers often behave quite aggressively. “We are not doing anything illegal, but they make us feel like we are violators,” Khmelevska said. “Helping people is okay. But in the current situation we seem to be engaged in secret activities. “
According to a representative of another non-governmental Polish organization, Medycy na granicy (Doctors at the Border – MK), border guards periodically obstruct the provision of medical assistance to migrants.
On their official Facebook page, the volunteers reported that before going on another call, they found that the ambulance’s wheels had been deflated. In addition, the doctors found “people in uniform” at the service car, and an olive-colored car with registration numbers beginning with the letters denoting the off-road vehicles of the Polish army stood nearby, the report said.
The doctors added that they tried to talk to the people sitting in the car, but they left almost immediately. Then they turned to the Ministry of National Defense of Poland with a request to “urgently provide clarification regarding this shameful incident.”
The department gave a response almost immediately. “The soldiers of the Polish army have no relation to the damage to the ambulance at the border,” the ministry’s press service informed. “They have much more serious questions than the denial of fake news in the media space.”
At the same time, such situations do not lead volunteers astray. They continue to provide assistance to refugees. On their social networks, doctors posted a post in five languages – English, French, Arabic, Persian and Kurdish – with the following content: “If you or someone from your family needs any humanitarian or medical assistance on the Polish-Belarusian border, write US. We will connect you with the right people. “
Those wishing to help migrants have to face not only opposition from the authorities. After one of the theaters in the city of Legnica began collecting gifts for refugees on the Polish-Belarusian border, it was attacked by haters on the Internet. “But there are more people willing to help,” says one of the initiators of the action.
In this regard, Polish volunteers are pleased to know that activists from Germany are trying to help migrants stranded on the Polish-Belarusian border. According to the Polish Internet resource Oko.press, a group of German volunteers came to Poland to deliver parcels for refugees to local organizations, show solidarity with immigrants and protest against the actions of the Polish authorities and the inaction of German politicians.
“We have free seats on the bus,” says one of the activists Ruben Neugebauer. “We could take people who need help with us. If only the German government would agree to this … We call on the German authorities to create humanitarian corridors on the Polish-Belarusian border. This should be one of the priorities of the government that is currently being formed in Germany. “
.
Source From: MK
[4]
IFRC PRESIDENT: ETHNICITY AND NATIONALITY SHOULD NOT
New York / Geneva, 16 May 2022 – President of the International Federation of Red Cross and Red Crescent Societies (IFRC) Francesco Rocca calls on states to step up to their responsibility to save lives, no matter where people are from, ahead of the first review of the Global Compact for Migration (GCM).
Mr Rocca says: “When I was in Marrakech for the adoption of the GCM I made a statement that the world’s approach to migration is painfully broken – but that the GCM can fix it. As we begin the first review of the progress made since then, I am sad to say that this has not been the case so far. Not enough changes to policies and practices to ensure safe and dignified migration have taken place, and many more lives have been lost due to that failure to act.”
On the world’s deadliest sea migration route, the central Mediterranean, the number of deaths has in fact increased since the GCM was signed. The Ocean Viking ship, operated by SOS Mediterranée with IFRC providing humanitarian services on board, saves people in distress on this route.
“We need to carry out this work as state-coordinated search and rescue is absent in the area,” says Mr Rocca. “Our teams have already saved 1,260 people in the nine months we’ve been operating.”
The Ocean Viking is one of the 330 Humanitarian Service Points (HSPs) in 45 countries that supports the ambitions of the GCM, providing assistance and protection to people on the move irrespective of status and without fear of reprisal. The Romanian Red Cross implements HSPs in Bucharest to support people fleeing Ukraine, providing information, food, water, hygiene items and financial assistance, while the Hungarian Red Cross has been operating a HSP at the Keleti railway station 24/7 to welcome people arriving from Ukraine by train with information, food, hygiene items and baby care products.
During the COVID-19 pandemic, the Colombian Red Cross Society has implemented HSPs at the border with Venezuela, offering essential services like healthcare, while Libyan Red Crescent volunteers have provided support to migrants and displaced people, operating HSPs that provided access to information, food, and other necessities, as well as restoring family links services.
At the International Migration Review Forum (IMRF), the IFRC is calling for individual and collective efforts on search and rescue; ensuring access to essential services for migrants regardless of status; scaling up support to people affected of climate related displacement; and the inclusion of migrants in all aspects of society and decision making.
“The political, public and humanitarian response to the Ukraine crisis has shown what is possible when humanity and dignity comes first, when there is global solidarity and the will to assist and protect the most vulnerable,” says Mr Rocca. “This must be extended to everyone in need, wherever they come from. Ethnicity and nationality should not be deciding factors in saving lives.”
Three months into the ongoing conflict in Ukraine, the International Federation of Red Cross and Red Crescent Societies (IFRC) has distributed financial assistance totalling more than 4.3 million Swiss francs to thousands of people on the move.
IFRC Head of Emergency Operations for the Ukraine response, Anne Katherine Moore, said:
“The longer the conflict continues, the greater the needs become. The cost of basic necessities, such as fresh fruit and vegetables, is rising. Increases in the cost of fuel and apartment rentals are also being reported. Millions of people have lost their jobs and their savings are dwindling. Through a new mobile app, we have been able to ramp up our support to help people facing these financial challenges.”
The new technology makes it possible for the IFRC and responding National Societies to reach people at scale and to deliver cash assistance digitally. Successfully introduced in Romania, the mobile app allows refugees to self-register for assistance online, negating the need and cost involved of having to travel to a central location.
The app will soon be expanded to Poland and Slovakia, where cash assistance is already being provided through more traditional methods such as in-person registration, as well as Ukraine and other neighbouring countries.
“This is the fastest we have ever delivered cash at this scale. It has the potential to be a game-changer for our work not just in this response, but also in future operations,” Moore continued.
Cash assistance is a dignified and efficient way to support people impacted by the conflict, allowing them to purchase items specific to their individual needs, while also supporting local economies. It is one part of our integrated and wide-ranging Red Cross and Red Crescent response to the conflict that also includes the provision of health care, first aid, psychosocial support and the distribution of basic household necessities.
Speaking about next steps, Moore said: “There is no short-term solution to the needs of the more than 14 million people who have been forced to flee their homes. We know that even if the conflict was to end tomorrow, rebuilding and recovery will take years. People have lost their homes, their livelihoods, and access to timely healthcare. The IFRC, in support of local National Red Cross Societies in the region, will be there helping people now, and in the months and years to come.”
During the past three months:
Together, we have reached more than 2.1 million people with life-saving aid within Ukraine and in surrounding countries. This is 1 in 10 people who had to flee their homes because of the conflict.
Along the travel routes within and outside Ukraine, we’ve set up 142 Humanitarian Service Points in 15 countries to provide those fleeing with a safe environment. There, they receive essential services like food, hygiene items, blankets, clothing water, first aid, psychosocial support, information, and financial assistance.
In total, we distributed 2.3 million kilograms of aid.
71,000 Red Cross and Red Crescent volunteers are responding to the crisis.
Due to the conflict escalation in Ukraine, millions of people have left their homes and crossed into neighbouring countries. The Ukrainian Red Cross is helping people affected by the conflict as the security situation allows. National Societies in surrounding countries, with support from the IFRC, are assisting people leaving Ukraine with shelter, basic aid items and medical supplies. People from Ukraine will need long-term, ongoing support. Our priority is addressing the humanitarian needs of all people affected by the conflict, inside and outside Ukraine.
8 dec 2021, door Anna Albot in the Guardian. Zij is met in Narewka, Polen, vlakbij de grens met Wit-Rusland.
Het helpen van vluchtelingen die verhongeren in de ijzige grensbossen van Polen is illegaal, maar het is niet de echte misdaad
Eén gedachte gaat constant door mijn hoofd: “Ik heb kinderen thuis, ik kan niet de cel in, ik kan niet de cel in.” De politiek ligt buiten mijn bereik of dat van de slachtoffers aan de grens tussen Polen en Wit-Rusland. Die gaat erom dat de vertrekkende Duitse kanselier Angela Merkel doordringt tot Alexander Loekasjenko, de president van Wit-Rusland. Het is ironisch dat deze grens meer dan 50 mediaploegen op de been heeft gebracht, maar Polen de enige plaats in de EU is waar journalisten niet vrijuit kunnen rapporteren.
Ondertussen nadert de strenge Noord-Europese winter en bevriezen mijn vingers in de donkere sneeuwnachten.
De grenssituatie laat de kloof zien tussen wat legaal is en wat moreel is. Hij beheerst de inspanningen van degenen die levens redden. Het enige wat wij, activisten in de bossen aan de grens tussen Polen en Wit-Rusland, kunnen doen is water, voedsel en kleding naar wanhopige mensen brengen. Maar deze fundamentele humanitaire daad, kan alleen in het geheim worden uitgevoerd. We moeten ons verstoppen en door de bossen sluipen. De aandacht trekken van grenswachten, politie of leger zou een nieuwe pushback kunnen forceren.
We ontmoeten bange ogen, uitgeputte gezichten, lichamen kapot door de kou … Bevroren, dorstige, hongerige mensen.
Ik heb verschillende groepen tussen de bomen ontmoet: gezinnen, moeders met kinderen, vaders met gehandicapte kinderen, ouderen en mensen uit de meest kwetsbare groepen ter wereld – etnisch, religieus en LGBTQ+. Ze zochten vrijheid, maar werden sinds augustus tot nu, december, vijf, tien en zelfs vijftien keer teruggedreven naar Wit-Rusland.
Tijdens mijn nachtelijke tochten ben ik uitgerust met een grote rugzak vol thermoskannen warme soep, sokken, laarzen, jassen, handschoenen, sjaals, mutsen, pleisters, medicijnen en powerbanks. Ik loop in het donker en verschuil me achter bomen als ik helikopters hoor of de felle lichten van de politie zie. Ik hoor het geplons van de soep in de kannen op mijn rug, ik hoor mijn kortademigheid – niemand heeft me geleerd om te sluipen en onzichtbaar te zijn als een beroepsmilitair. Ik heb jarenlang voor mensenrechten gewerkt, de meeste EU-grenzen en vluchtelingenkampen bezocht, maar ik was nooit bang om takken onder mijn voeten te laten kraken of voor het ritselen van de bomen boven mijn hoofd terwijl ik me voortbeweeg.
Uit persoonlijke verhalen en bewijzen verzameld door Minority Rights Group International en collega’s van Grupa Granica, een alliantie van 14 Poolse maatschappelijke organisaties die reageren op de crisis, weten we dat er minstens 5.000 mensen in de bossen zijn geweest en dat er momenteel minstens 1.000 zijn. We hebben met iedereen contact gehad: wanhopige slachtoffers van een walgelijk machtsspel tussen staten.
Elke keer dat we reageren op een telefoontje van iemand in nood, of hun moeder die nog in Irak of Afghanistan is, of een neef in Berlijn, hangen we onze rugzakken om en gaan. Dag en nacht – lang nadat de wereld zijn interesse heeft verloren. Soms zijn we uren op zoek naar mensen. Die veranderen voor de veiligheid vaak van locatie. Soms zijn bejaarde grootmoeders of de kleine kinderen die geen energie meer hebben om te lopen, gestrand in Poolse moerassen. Nu de bossen bedekt zijn met sneeuw en mensen ons niet kunnen bellen omdat hun telefoons zijn vernietigd door het Poolse leger, gebruiken we infrarood camera’s.
We ontmoeten bange ogen, uitgeputte gezichten, lichamen kapot door de kou, wanhopig verzwakt na weken in het ijzige, natte bos. Bevroren, dorstige, hongerige mensen. Ik had geen idee wat honger betekende. Ik gaf mijn kinderen wel eens een stuk chocola als ze klaagden voor het eten. Ik heb armoedestatistieken en geschiedenisboeken gelezen. Ik wist niets van honger.
Mensen aan de grens tussen Polen en Wit-Rusland hebben al weken niet gegeten. Om de paar dagen krijgen ze, als ze geld hebben, misschien een oude aardappel van een Wit-Russische soldaat na een gewelddadige pushback over het prikkeldraad. Die delen ze met de kinderen. Ze hebben dagenlang niets te drinken. Of drinken moeras- of regenwater, dat maagkrampen en een verlammende hoofdpijn veroorzaakt, waardoor ze verder verzwakken.
We wensen hen het beste aan het einde van onze ontmoeting. Voor een paar dagen voldoende voedsel en water achterlaten is onmogelijk: niemand heeft de kracht om zoveel te dragen. We kunnen geen mensen meenemen of naar een veilige plek brengen. Dat zou een strafbaar feit zijn. Maar het is geen misdaad om deze mensen langzaam dood te laten gaan…
Waar is het Rode Kruis, de Internationale Organisatie voor Migratie van de VN en de VN-vluchtelingenorganisatie? Die organisaties die zelfs in oorlogsgebieden opereren? Die voedsel en water naar de gevaarlijkste criminelen brengen? Is Elina, 5, gevaarlijker of minder waard? Ze heeft epilepsie, maar geen medicijnen. Ik ontmoette haar in het bos met negen andere Koerden, allemaal zonder laarzen. Ze hebben thuis oorlogen en luchtaanvallen overleefd, maar kunnen in het Poolse bos doodvriezen. Bij elke pushback pakken Poolse en Wit-Russische officieren alles af: geld, kleding en schoeisel.
Er was de groep van negen vrouwen uit de Democratische Republiek Congo, waarschijnlijk verhandeld. Toen ik ze de situatie uitlegde, huilden en huilden ze maar. Of de Yezidi-zussen, die zeven jaar geleden ontsnapten aan de genocide in Sinjar, Irak, maar nog steeds op zoek zijn naar een veilige plek. Of de jongens uit Jemen, die perfect Engels spreken. Of de drie homoseksuele mannen uit Iran, wanhopig om niet teruggestuurd te worden naar Wit-Russische soldaten.
We blijven contact houden. Als ze erin slagen hun telefoons te verbergen, kunnen we communiceren na een pushback. Ze delen foto’s en video’s van Wit-Russische honden. Laten me bijtwonden zien als we elkaar aan de Poolse kant ontmoeten. Zij huilen. Ze vragen om advies. Ze willen hun familie niet vertellen over hun benarde situatie, maar ze hebben iemand nodig om mee te praten.
“De vijfde pushback. Na de zesde pleeg ik zelfmoord.”
“Ik heb mijn zoon verloren, hij heeft astma. De laatste keer dat hij belde was drie dagen geleden. Weet je waar hij is?”
“Wanneer ben je hier? Heb je water? Al is het een druppel?”
Onderworpen aan een desinformatiecampagne krijgen de vluchtelingen tegenstrijdige berichten van Wit-Russische diensten, die formulieren verspreiden over de vestiging in Polen of Duitsland. Dit schept hoop op een veilige reis. Maar het echte doel is om ze aan de Poolse grens neer te zetten om druk uit te oefenen op de EU. Sommige verontrustende berichten suggereren dat migranten worden gedwongen om deel te nemen aan geweld als onderdeel van Wit-Russische pogingen om Poolse functionarissen te provoceren.
Met het risico van een escalatie van geweld willen wij, de activisten in de bossen, de wereld eraan herinneren dat vluchtelingen geen agressors zijn. Ze zijn gijzelaars van het regime van Loekasjenko, dat hen voor zijn agenda gebruikt.
Polen sturen me berichten: “Waar moet ik warme en donkere kleding naartoe sturen?” “Hoe is de situatie aan de grens? De media laten ons alleen video’s zien van het Poolse ministerie of de Wit-Russische autoriteiten.” “Ik huil als ik mijn kinderen in bed stop. Schrijf alsjeblieft iets dat kan helpen.”
Dunja Mijatović, de commissaris voor mensenrechten van de Raad van Europa, verbleef vier dagen in Polen en ging met ons mee het veld in. Ze zei: “De grootste kracht van de hulpbeweging voor vluchtelingen aan de grens tussen Polen en Wit-Rusland zijn de inwoners van de naburige steden – in de noodzone en ernaast. Het is hun compassie en empathie die het leven van mensen in het bos verlengt. Hun moed en onbaatzuchtigheid. Hun goedheid redt levens.”
Anderen zien het natuurlijk anders: mensen die aan de grens helpen zijn “vijanden van de natie”, “agenten van Loekasjenko”, “schuldig aan het vernietigen van Europese waarden”, “het uitnodigen van terroristen hier”.
We maken ons schuldig aan het achterlaten van pakken water in het bos voor de dorstigen. We maken ons schuldig aan het uitdelen van soep. Aan schoenen aan koude voeten doen die niet meer konden bewegen. Als helpen illegaal is, begrijpen we dan wel wat misdaad is?
Anna Alboth is vrijwilliger bij Minority Rights Group
[7]
AMNESTY INTERNATIONAL
POLAND/BELARUS: NEW EVIDENCE OF ABUSES HIGHLIGHTS
”HYPOCRISY” OF UNEQUAL TREATMENT OF ASYLUM SEEKERS
Poland/Belarus: New evidence of abuses highlights ‘hypocrisy’ of unequal treatment of asylum-seekers
Authorities violating rights of asylum-seekers, including strip searches and other degrading treatment, in overcrowded detention centres
Some people forcibly sedated during return
Pushbacks and arbitrary detention in stark contrast with welcome shown to those fleeing Ukraine
Spokespeople available
The Polish authorities have arbitrarily detained nearly two thousand asylum-seekers who crossed into the country from Belarus in 2021, and subjected many of them to abuse, including strip searches in unsanitary, overcrowded facilities, and in some cases even to forcible sedation and tasering, Amnesty International said today.
Additionally, after a hiatus during winter, more asylum-seekers are now trying to enter Poland from Belarus, where they are unable to access further funds due to international sanctions and risk harassment or apprehension by Belarusian police due their irregular immigration status. At the Polish border they face razor wire fences and repeated pushbacks by border guards sometimes up to 20-30 times.
“This violent and degrading treatment stands in stark contrast to the warm welcome Poland is offering to displaced people arriving from Ukraine. The behaviour of the Polish authorities smacks of racism and hypocrisy. Poland must urgently extend its admirable compassion for those entering the country from Ukraine to all those crossing its borders to seek safety.”
Arbitrary detention and abysmal detention conditions
Polish border guards have systematically rounded up and violently pushed back people crossing from Belarus, sometimes threatening them with guns. The vast majority of those who have been fortunate enough to avoid being pushed back to Belarus and to apply for asylum in Poland are forced into automatic detention, without a proper assessment of their individual situation and the impact detention would have on their physical and mental health. They are often held for prolonged and indefinite periods of time in overcrowded centres that offer little privacy and only limited access to sanitary facilities, doctors, psychologists, or legal assistance.
Almost all of the people Amnesty International interviewed said they were traumatized after fleeing areas of conflict and being trapped for months on the Belarusian-Polish border. They also suffered from serious psychological problems, including anxiety, insomnia, depression and frequent suicidal thoughts, undoubtedly exacerbated by their unnecessary metres. For most, psychological support was unavailable.
Retraumatized inside a military base
Many of the people who Amnesty spoke to had been in Wędrzyn detention centre, which holds up to 600 people. Overcrowding is particularly acute in this facility, where up to 24 men are detained in rooms measuring just eight square metres.
In 2021, the Polish authorities decreased the minimum required space for foreign detainees from three square meters per person to just two. The Council of Europe minimum standard for personal living space in prisons and detention centres is four square meters per person.
People held in Wędrzyn recounted how guards greeted new detainees by saying “welcome to Guantánamo”. Many of them were victims of torture in their home countries before enduring harrowing experiences both in Belarus and on the border of Poland. The detention centre in Wędrzyn forms part of an active military base. The facility’s barbed wire walls — and the persistent sound of armoured vehicles, helicopters and gunfire from military exercises in the area — only serves to retraumatize them.
In Lesznowola Detention Centre, detainees said that guards’ treatment left them feeling dehumanized. The staff called detainees by their case numbers instead of using their names and meted out excessive punishments, including isolation, for simple requests, such as asking for a towel or more food.
Nearly all those interviewed reported consistently disrespectful and verbally abusive behaviour, racist remarks and other practices that indicated psychological ill-treatment.
Men who Amnesty International interviewed uniformly complained about the manner in which body searches were conducted. When people were transferred from one detention centre to another, they were forced to undergo a strip search at each facility, even though they were in state custody at all times. In Wędrzyn, people recounted abusive searches. For example, all newly admitted foreigners are kept together in a room, required to remove all of their clothes and ordered to perform squats longer than necessary for a legitimate check.
Violent forcible returns
Amnesty International interviewed several people who were forcibly returned as well as some who avoided return and remain in detention in Poland. Many said the Polish border guards who conducted the returns coerced them into signing documents in Polish that they suspected included incriminating information in order to justify their returns. They also said that, in some cases, border guards used excessive force, such as tasers, restrained people with handcuffs, and even sedated those being returned.
Authorities attempted to forcibly return Yezda, a 30-year old Kurdish woman , with her husband and three small children. After being told that the family would be returned to Iraq, Yezda panicked and screamed and pleaded with the guards not to take them. She threatened to take her life and became extremely agitated. “I knew I could not go back to Iraq and I was ready to die in Poland. While I was crying like that, two guards restrained me and my husband, tied our hands behind our backs, and a doctor gave us an injection that made us very weak and sleepy. My head was not clear, but I could hear my children, who were in the room with us, crying and screaming.”
“We were asked to go through the airport security and the guards told us to behave on the plane. But I refused to go. I remember noticing that I didn’t even have any shoes on, as in the chaos at the camp, they slipped of my feet. My head was not clear, and I couldn’t see my husband or the children, but I remember that they forced me on the plane that was full of people. I was still crying and pleading with the police not to take us.” Yezda said that she broke her foot as she fought the guards who tried to put her on the plane. Yezda and her family were returned to Warsaw after the airline refused to take them to Iraq. They remain in a camp in Poland for now.
Volunteers and activists have been barred from accessing the border of Poland and Belarus, and some have even faced prosecution for trying to help people cross the border. In March, activists who had helped people both on Poland’s borders with Ukraine and with Belarus were detained for providing life-saving assistance to refugees and migrants on the Belarussian border, and now face potentially serious charges.
Stranded at the border
On 20 March, the Belarusian authorities reportedly evicted close to 700 refugees and migrants, including many families with young children and people suffering from severe illnesses and disabilities, from the warehouse in the Belarusian village of Bruzgi which had accommodated several thousand people in 2021.
People who were evicted from the warehouse suddenly found themselves stranded in the forest, trying to survive in sub-zero temperatures without shelter, food, water or access to medical care. Many remain in the forest and experience daily abuse from the Belarusian border guards, who use dogs and violence to force people to cross the border into Poland.
“Hundreds of people fleeing conflict in the Middle East and other parts of the world remain stranded on the border between Belarus and Poland. The Polish government must immediately stop pushbacks. They are illegal no matter how the government tries to justify them. The international community – including the EU – must demand that those trapped on Poland’s border with Belarus be afforded the same access to EU territory as any other group seeking refuge in Europe,” said Jelena Sesar.
END OF THE ARTICLE
REPORT AMNESTY INTERNATIONAL
POLAND: CRUELTY, NOT COMPASSION, AT EUROPE’S OTHER BORDERS
The rapid relief effort at the border, exceptional generosity of civil society and willingness of Polish authorities to receive people fleeing from Ukraine contrast starkly with the Polish government’s hostility toward refugees and migrants who have arrived in the country via Belarus since July 2021. Hundreds of people who crossed from Belarus have been arbitrarily detained in Poland in appalling conditions and without access to a fair asylum proceeding. Many have been forcibly returned to their countries of origin, some under sedation. In addition, hundreds of people remain stranded inside Belarus and face increasingly desperate conditions.
END OF THIS PIECE
FULL REPORT
AMNESTY INTERNATIONAL
POLAND: CRUELTY, NOT COMPASSION, AT EUROPE’S OTHER BORDERS
Doctors Without Borders removed its team on the Belarus-Poland border after Warsaw blocked access to migrants trying to enter the European Union. Camped in harsh conditions, several people have died on the EU’s doorstep.
Despite knowing people along the Belarus-Poland border were “in desperate need of medical and humanitarian assistance,” the medical charity Doctors Without Borders (MSF) said it withdrew its emergency response team from the region.
“Since October, MSF has repeatedly requested access to the restricted area and the border guard posts in Poland, but without success,” Frauke Ossig, the charity’s emergency coordinator for Poland and Lithuania, said on Thursday.
“We know that there are still people crossing the border and hiding in the forest, in need of support, but while we are committed to assisting people on the move wherever they may be, we have not been able to reach them in Poland,” Ossig added.
While many of the migrants received shelter in a logistics center, a number of people are reported to have died in the freezing, harsh conditions along the border.
Why can’t aid groups reach migrants and asylum-seekers?
On December 1, Poland’s Interior Ministry extended a state of emergency that prohibits all non-residents, including journalists and non-governmental aid groups, from the border area.
“People are being attacked and beaten at the hands of border guards, and yet state officials continue to allow the practice of pushing people between borders knowing that such maltreatment continues,” MSF said.
With thousands of people on the Belarusian side of the 400-kilometer (250-mile) stretch, Poland built a barbed-wire fence that it intends to replace with a permanent barrier and sent thousands of soldiers to the border, leaving the migrants stuck in camps in no man’s land and unable to apply for asylum in the European Union.
Polish border guards accused of illegal ‘pushbacks’
Polish border guards have been accused of forcibly pushing migrants and asylum-seekers back into Belarus — a move that breaches international law. At least 21 people have lost their lives in the attempt in 2021, MSF reported.
In December, the Polish civil society group Salam Lab reported that five Syrian and one Palestinian who managed to find their way outside Poland’s exclusion zone said they had been pushed back to Belarus several times by Polish authorities.
EU nations Latvia and Lithuania, which also share borders with Belarus, have also reinforced their border security and declared a state of emergency. MSF said it had not received access to migrants at the Belarusian-Lithuanian border.
Belarus denies this and has urged the EU to take in the migrants.
“The current situation is unacceptable and inhumane,” Ossig said. “People have the right to seek safety and asylum and should not be illegitimately pushed back to Belarus.”
[9]
AMNESTY INTERNATIONAL
POLAND/BELARUS: NEW EVIDENCE OF ABUSES HIGHLIGHTS
”HYPOCRISY” OF UNEQUAL TREATMENT OF ASYLUM SEEKERS
Reacties uitgeschakeld voor The International Red Cross, the Ukrainian refugees and the refugees, trapped between Poland and Belarus/Do you treat them with equal attention, Red Cross?
SWEDISH IRANIAN NATIONAL SENTENCED TO DEATH/NO TO DEATH PENALTY!/LETTER TO THE IRANIAN AMBASSADOR IN BELGIUM
IMMINENT EXECUTION AT 21 MAY 2022!PREVENT THISWRITE TO THE IRANIAN EMBASSY IN BELGIUM MAILADRESS:secretariat@iranembassy.be
SAVE A LIFE!THANKS IN ADVANCE’ SEE ALSO [IN DUTCH] ”Volgens de bron van ISNA zou zijn executie plaatsvinden voor het einde van de Iraanse maand Ordibehesht, wat overeenkomt met 21 mei 2022”
https://www.amnesty-international.be/help-djalali
Article 3
Everyone has the right to life, liberty and security of person.
TO THE AMBASSADOR OF THE ISLAMIC REPUBLIC OF IRAN Subject:The imminent execution of mr Ahmadreza Djalali Your Excellency, Hereby I want to draw your attention to the following:From reliable sources I’ve learnt about the imminent execution of the Swedish-Iranian academic, mr Ahmadreza Djalali [1] and I write to you with the urgent request to issue your influence to prevent thisexecution.Reason?Because I am of the opinion, that the death penalty is a cruel and inhumanepunishment, which is also irreversible. BACKGROUND: According to my information, mr Djalali was sentenced to death forthe charge of ”corruption on earth” (ifsad fil-arz) [2]and has given a 200 000 euro fine.According to my information, the court verdict states, thatmr Djalali worked with the Israeli government [3], which means espionage. However, I learnt, that his trial was, according tothe information of Amnesty International, ”grosslyunfair” [4] and also that he supposedly wastortured. [5]Of course you understand, that any confession, thatis made under torture, is illegal.
DEATH PENALTY But even when his trial has been fair and he was not tortured, I reqquest to you to urge your influence toprevent the death penalty.Not only, in my opinion, the ending of a human lifeis always illegal and wrong, whether done by theState, or by an individual, because all human beingshave the right to life, problem with the death penaly is also, that this is irreversible.What if the person turns to be innocent?When someone is sentenced to imprisonment,he can be released, but death is death.I bring in your memory two famous British flawsof Justice:The Guildford Four and the Maguire Seven [6]If there had been a death penalty in the United Kingdom,they couldn’t have been released. Your Excellency, this is very, very serious and grave, since it concerns a human lifeTherefore I took my time to write to you toprevent this execution, as I did so many times, whenit concerned executions in one of the headmen onthe area of executions, the USA, and also other countries. So I speak out hope, that you will do everything inyour Power to stop this.Time is pressing, since the execution is imminent[21 may] Human Life belongs to our Lord and Father God.Only He may end it.Not the State, not other human beings. Thanks for reading my LetterI hope you will help Kind regards Astrid EssedAmsterdam The Netherlands NOTES
Tortured Swedish-Iranian academic Ahmadreza Djalali, arbitrarily detained in Tehran’s Evin prison, is at risk of imminent execution according to multiple Iranian state media reports that his death sentence for “corruption on earth” (efsad-e fel-arz) will be carried out by 21 May 2022 at the latest. He was sentenced to death in 2017 following a grossly unfair trial that relied on torture-tainted “confessions.” The authorities must halt any plans to execute him and release him immediately.
The Iranian authorities must urgently quash the death sentence against Iranian-born Swedish resident and specialist in emergency medicine Ahmadreza Djalali, said Amnesty International today.
The medical doctor and university lecturer had studied and taught in Sweden, Italy and Belgium. Since his arrest in April 2016, several European officials have called for his release.
Zeynab Taheri, one of Ahmadreza Djalali’s lawyers, told Amnesty International that he was sentenced to death for the charge of “corruption on earth” (ifsad fil-arz), and has been given a 200,000 euro fine. The court verdict, which was shown to one of the lawyers, states that Ahmadreza Djalali worked with the Israeli government, who subsequently helped him obtain his residency permit in Sweden.
“Ahmadreza Djalali was sentenced to death after a grossly unfair trial that once again exposes not only the Iranian authorities’ steadfast commitment to use of the death penalty but their utter contempt for the rule of law,” said Philip Luther, Amnesty International’s Research and Advocacy Director for the Middle East and North Africa.
“No evidence has ever been presented to show that he is anything other than an academic peacefully pursuing his profession. If he has been convicted and sentenced for peacefully exercising his rights to freedom of expression, association and assembly, including through his academic work, the authorities must immediately and unconditionally release him and drop all charges against him.”
Ahmadreza Djalali was arrested by Ministry of Intelligence officials in April 2016 and held without access to a lawyer for seven months, three of which were in solitary confinement. Even after that period, every lawyer he selected was rejected by the court.
In a voice recording that was published on YouTube on 22 October, Ahmadreza Djalali is heard saying that, while in solitary confinement, he was twice forced to make “confessions” in front of a video camera by reading out statements pre-written by his interrogators. He says that he was put under intense pressure through psychological torture and threats to execute him and arrest his children to “confess” to being a spy for a “hostile government”. In the recording, he says that his academic beliefs have been used to convict him and sentence him to death. He also denies the accusations against him and says they have been fabricated by Ministry of Intelligence interrogators.
“At a time when the Iranian authorities are actively strengthening ties with countries in the European Union, it is absurd that they are using Ahmadreza Djalali’s academic links to a European country as part of the ‘evidence’ against him,” said Philip Luther.
Ahmadreza Djalali’s wife Vida Mehrannia, who lives in Sweden with their two children, has told Amnesty International that his physical and mental health have sharply deteriorated since he was detained. She added: “We are calling for his release because he has not committed any crime.”
Amnesty International opposes the death penalty in all cases without exception regardless of the nature of the crime, the characteristics of the offender, or the method used by the state to kill the prisoner. The death penalty is a violation of the right to life and the ultimate cruel, inhuman and degrading punishment.
[3]
”The court verdict, which was shown to one of the lawyers, states that Ahmadreza Djalali worked with the Israeli government, who subsequently helped him obtain his residency permit in Sweden.”
”“Ahmadreza Djalali was sentenced to death after a grossly unfair trial that once again exposes not only the Iranian authorities’ steadfast commitment to use of the death penalty but their utter contempt for the rule of law,” said Philip Luther, Amnesty International’s Research and Advocacy Director for the Middle East and North Africa.” AMNESTY INTERNATIONALIRAN: PROMINENT ACADEMIC SENTENCEDTO DEATH AFTER GROSSLY UNFAIR TRIAL23 OCTOBER 2017 https://www.amnesty.org/en/latest/news/2017/10/iran-prominent-academic-sentenced-to-death-after-grossly-unfair-trial/
Tortured Swedish-Iranian academic Ahmadreza Djalali, arbitrarily detained in Tehran’s Evin prison, is at risk of imminent execution according to multiple Iranian state media reports that his death sentence for “corruption on earth” (efsad-e fel-arz) will be carried out by 21 May 2022 at the latest. He was sentenced to death in 2017 following a grossly unfair trial that relied on torture-tainted “confessions.” The authorities must halt any plans to execute him and release him immediately.
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