Report on Human Rights Practices for 2004 -- The Occupied Territories (including area subject to the jurisdiction of the Palestinian Authority)

Report on Human Rights Practices for 2004

The Occupied Territories

(including area subject to the jurisdiction of the Palestinian Authority)

Israel occupied the West Bank, Gaza Strip, Golan Heights, and East Jerusalem during the 1967 War. Pursuant to the May 1994 Gaza-Jericho Agreement and the September 1995 Interim Agreement, Israel transferred most responsibilities for civil government in the Gaza Strip and parts of the West Bank to the newly created Palestinian Authority (PA). The 1995 Interim Agreement divided the territories into three types of areas denoting different levels of Palestinian Authority and Israeli occupation control. Since Palestinian extremist groups resumed the use of violence in 2000, Israeli forces have resumed control of a number of the PA areas, citing the PA's failure to abide by its security responsibilities.

The body of law governing Palestinians in the occupied territories derives from Ottoman, British Mandate, Jordanian, and Egyptian law, and Israeli military orders. Laws and regulations promulgated by the PA also are in force. Israeli settlers were subject to Israeli law.

The Palestinian Authority now has a democratically elected President and Legislative Council, which elects a Prime Minister and Cabinet. Following the death of PA Chairman Yasir Arafat on November 11, an election for PA president was scheduled for January 9, 2005. Seven candidates competed in a vigorous election campaign throughout the occupied territories. Municipal elections were held in selected West Bank localities on December 23--the first since 1976. Future rounds of municipal elections were scheduled for 2005. New Palestinian Legislative Council elections were scheduled for July 17, 2005.

Israel exercised occupation authority through the Israeli Ministry of Defense's Office of Coordination and Liaison (MATAK).

Violence associated with the Intifada has claimed the lives of 3,517 Palestinians, according to the Palestine Red Crescent Society (PRCS), 1,051 Israelis, according to the Israeli Ministry of Foreign Affairs website, and 52 foreign nationals, according to B'tselem, an Israeli human rights organization that monitors the occupied territories. During the year, over 800 Palestinians were killed during Israeli military operations in the occupied territories, a total of 76 Israeli civilians and 4 foreigners were killed in terrorist attacks in both Israel and the occupied territories, and 41 members of the Israeli Defense Forces were killed in clashes with Palestinian militants.

The Palestinian security forces included the National Security Forces (NSF), the Preventive Security Organization (PSO), the General Intelligence Service, or Mukhabarat, the Presidential Security Force, and the Coastal Police. Other quasi-military security organizations, such as the Military Intelligence Organization, also exercised de facto law enforcement powers. Palestinian police were normally responsible for security and law enforcement for Palestinians and other non Israelis in PA-controlled areas of the West Bank and Gaza Strip. Palestinian security forces were under the authority of the PA. Members of the PA security forces committed numerous, serious abuses.

Israeli security forces in the West Bank and Gaza Strip consisted of the Israeli Defense Forces (IDF), the Israel Security Agency (Shin Bet), the Israeli National Police (INP), and the Border Police, an operational arm of the Israel National Police that is under IDF command when operating in the occupied territories. Israeli military courts tried Palestinians accused of security offenses. Israeli security forces were under effective government control. Members of the Israeli security forces committed numerous, serious abuses.

The population of the Gaza Strip was approximately 1.4 million, of the West Bank (excluding East Jerusalem) approximately 2.4 million, and of East Jerusalem approximately 414,518, including 177,333 Israelis. The economy of the West Bank and Gaza Strip is small, underdeveloped, and highly dependent on Israel and international assistance. The continuing conflict, including Israeli curfews and closures, severely affected the economy.

The PA's overall human rights record remained poor, and it continued to commit numerous, serious abuses. There were credible reports that PA officers engaged in torture, prisoner abuse, and arbitrary and prolonged detention. Conditions for prisoners were poor. PA security forces infringed privacy and freedom of speech and press. The PA did not take available measures to prevent attacks by terrorist groups either within the occupied territories or within Israel. Impunity was a serious problem. Domestic abuse of women persisted. Societal discrimination against women and persons with disabilities and child labor remained problems.

There were reports that Israeli security forces used excessive force, abused and tortured detainees. Conditions in permanent prisons met international standards, but temporary facilities were austere and overcrowded. Many Israeli security personnel were prosecuted for committing abuses, but international and Israeli human rights groups complained of lack of disciplinary action in a large number of cases.

The Israeli Government continued construction of a security barrier along parts of the Green Line (the 1949 Armistice line) and in the West Bank. The PA alleged that the routing of the barrier resulted in the taking of land, isolating residents from hospitals, schools, social services, and agricultural property. Israel asserts that it has sought to build the barrier on public lands where possible, and where private land was used, provided opportunities for compensation. Palestinians filed a number of cases with the Israeli Supreme Court challenging the routing of the barrier. In June, the Court ruled that a section of the barrier must be rerouted; determining that the injury caused by the routing of the barrier did not stand in proper proportion to the security benefits; various portions of the barrier route were rerouted. On July 9, the International Court of Justice issued an advisory opinion, concluding that "The construction of the wall built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem… and its associated regime, are contrary to international law."

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom From:

a. Arbitrary or Unlawful Deprivation of Life

Killings by Palestinian and Israeli security forces and by Israel settlers and Palestinian militant groups remained a serious problem.

'Imran Abu Hamdiyah, a 17-year-old Palestinian, was found dead in Hebron in December 2002. In April 2003, four Israeli Border Police officers were arrested on charges that they had beaten Hamdiyah and then dumped him from their moving vehicle, causing fatal injuries. At year's end, a trial begun in 2003 was reportedly still ongoing.

Three U.S. security personnel in a diplomatic convoy were killed in an attack in October 2003. At year's end, there had been no progress by the PA’s investigative team, and the case remains unsolved.

On May 2, Palestinians belonging to the al-Aqsa Martyrs' Brigades and the Islamic Jihad shot and killed Tali Hatuel, an Israeli settler and her four daughters in the Gaza Strip when their car spun off the road after a shooting. An Israeli traveling in a separate car and two IDF soldiers were injured before the gunmen were killed.

On August 2, grenades were thrown into a room holding suspected Palestinian collaborators in the Gaza Central Prison. Two Palestinian prisoners were killed, and six others were injured. Palestinian security officials arrested two policemen, who allegedly had carried out the attack on behalf of Hamas. At year's end, no further legal action had been taken against the two police officers.

On September 20, gunmen belonging to the al-Aqsa Martyrs' Brigades shot and killed Rami Yaghmour near Ramallah, alleging that Yaghmour had collaborated with Israel. The PA security services arrested two persons who were subsequently released.

On September 27, an Israeli settler, Yehoshua Elitzur, shot and killed Palestinian taxi-driver Sa'al Jabara near Nablus. According to witnesses, Elitzur shot Jabara at close range after he had slowed his car to ask whether Elitzur needed assistance. On October 25, Elitzur was indicted in Tel Aviv District Court.

On October 1, according to a Palestinian human rights group, 10 unknown individuals in military uniforms entered the central prison in Nablus and killed 2 prisoners.

On October 7, gunmen belonging to al-Aqsa entered a hospital in Ramallah, kidnapped a Palestinian accused of collaboration, shot him, and left his body on the street.

On October 11, an assailant believed to be an Israeli settler shot and seriously wounded Palestinian farmer Hani Shadeh, 26, after Shadeh engaged in an argument with settlers. Local Palestinians said that settlers had cut down approximately 1,000 olive trees in an effort to drive Palestinians from their farmland.

On October 27, an Israeli settler shot and killed 18-year-old Salman Yussuf Safadi near the settlement of Yizhar. The settler initially claimed that Safadi attempted to enter his home, but later said that the Palestinian was not in his home when he shot him. Settlers placed spikes in the road that prevented an ambulance from reaching Safadi before he died. The Israeli police opened an investigation into both the shooting and the obstruction of the ambulance; however, at year's end, there were no public results.

On December 27, a Palestinian male was found dead outside Ramallah. Al-Aqsa claimed responsibility for killing the suspected collaborator.

b. Disappearance

There were no reports of politically motivated disappearances during the year.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Article 13 of the PA Basic Law prohibits the use of torture or force against detainees; however, international human rights groups stated that the use of torture was widespread and not restricted to those persons detained on security charges.

Torture by PA security forces reportedly was widespread. Documentation of abuses was very limited, due partly to the hesitancy of alleged victims to file or make public claims of torture or abuse against PA authorities. Palestinian security officers have no formal guidelines regarding the proper conduct of interrogations; most convictions were based largely on confessions

Israeli law, as interpreted by a 1999 High Court of Justice decision, prohibited torture and several interrogation techniques, such as violent shaking, holding and tying of prisoner in painful positions, shackling, sleep deprivation, covering the prisoner's head with a sack, playing loud music, and prolonged exposure to extreme temperatures, but allowed "moderate physical pressure" against detainees considered to possess information about an imminent attack. However, CATI and the Physicians for Human Rights in Israel (PHR) reported that techniques prohibited by the law were used against Palestinian detainees during interrogation and that security forces often beat Palestinians during arrest and transport. Israeli law prohibits the admission of forced confessions, but most convictions in security cases were based on confessions made before legal representation was available to defendants.

(A detainee may not have contact with a lawyer until after interrogation, a process that may last weeks. The International Committee of the Red Cross (ICRC) is notified of arrests 12 days after they take place, and the ICRC is allowed to visit detainees 14 days after their arrest.) Detainees sometimes stated in court that their confessions were coerced, but there were no instances when judges excluded such confessions.

In January, at the Huwwara checkpoint, an IDF sergeant handcuffed and beat a Palestinian man in front of his family. The man was then removed to a hut and further beaten. The incident was taped by an IDF video team. The sergeant was convicted by a military judicial panel in September, sentenced to 6 months in jail, and demoted to the rank of private; he also admitted beating at least 8 other Palestinians and smashing windshields of 10 taxicabs from mid-January until the end of February.

On May 23, a PA prison guard at a facility in Jericho severely beat a prisoner with a metal ruler, according to a witness. The witness also saw several other guards and nonuniformed individuals taking part.

On May 24, another witness in the same facility observed a prisoner being beaten with a nightstick. The prison governor claimed that the prisoner had provoked the initial beating by taunting the guards, but he refused to explain the presence of other guards and plainclothes individuals during the beating.

The Public Committee Against Torture in Israel (PCATI) reported that on July 6, a Palestinian inmate at the Gilboa Prison poured a hot substance on an Israeli prison official. In response, prison officials allegedly forced the cellblock inmates to kneel with their hands tied behind their backs and beat them, resulting in numerous injuries. At of year's end, PCATI had not received a response from the prison authorities regarding this incident.

On September 26, the Israeli Justice Ministry filed indictments against five Border Policemen accused of severely abusing two Palestinians detained for lacking the necessary permits in Abu Dis earlier in September. According to the indictment, the border policemen forced the two Palestinians into a building and beat one with rifles, boots, and fists before forcing him to jump out of a second floor window. The border policemen allegedly burned the second Palestinian with a cigarette and forced him to drink urine. The policemen then allegedly threw the Palestinian's papers into a puddle of urine and ordered him to pick up his papers with his mouth and tongue. They then threw him out the same second story window. At year's end, further legal action remained pending.

In February 2003, Israeli authorities arrested Daoud Dirawi, a Palestinian lawyer, for being in Jerusalem without proper identification. Dirawi told his lawyer that soldiers beat him severely on the way to the Asyun military prison in the Negev. In March 2003, Israel sentenced Dirawi to 6 months of administrative detention. He was released in August.

Israeli soldiers on patrol in June 2003 allegedly attacked 20 Palestinian youths, who were trying to cross a dirt road near a military checkpoint north of Jerusalem. The soldiers allegedly beat the youths with their rifles and threw several of them in a sewage ditch before leaving the scene.

In June 2003, Israeli Border Police in Tulkarm took the identity card of shepherd Nazih Salah 'Awad Damiri, 24, and forced him to mime sexual intercourse with his donkey.

In November 2003, IDF soldiers at the Huwwara checkpoint outside Nablus demanded that two Palestinians stop and clean the checkpoint. When the men refused, the soldiers handcuffed, blindfolded, and detained them for several hours. When B'tselem investigated the incident, the soldiers admitted to the action and claimed their superiors had ordered them to do it. B'tselem has requested an official investigation of the incident; however, at year's end, there was no response to their request.

PA prison conditions were poor. Facilities were old, dilapidated, and neglected. Most prison facilities were destroyed during the Intifada, and prisoners were kept informally in houses or other buildings. There were separate facilities to hold juvenile prisoners. Prison facilities were poorly protected and subject to intrusions by outsiders. The PA generally permitted the ICRC access to detainees and allowed regular inspections of prison conditions; however, the PA denied access to some detainees for 14 days following their arrests. The PA permitted independent monitoring of its prisons, although human rights groups, humanitarian organizations, and lawyers reported difficulties arranging visits or gaining access to specific detainees. Human rights organizations stated that their ability to visit PA prisons and detention centers varied depending on which security organization controlled the facility. Human rights monitors stated that prison authorities did not consistently permit them to have access to PA detention facilities and that they rarely were permitted to see inmates while they were under interrogation.

The conditions of Israeli permanent prison facilities generally met international standards. The standards were less likely to be met in provisional detention centers, because prison facilities refused to take new inmates when their maximum capacity was reached. The detention and interrogation facilities for Palestinian detainees, including the four interrogation centers (Shikma, Kishon, Petah Tikva, and the Jerusalem Internment Center) were austere, overcrowded, provisional facilities. Israel held at least 121 Palestinian prisoners in some form of solitary confinement. Israel permitted independent monitoring of prison conditions by the ICRC and other groups, although human rights groups reported delays and difficulties in gaining access to specific detainees. Male family members between 16 and 40 years of age, and any family members with security records, usually were barred from visiting relatives in Israeli facilities. According to the ICRC, between January and May, 3,517 detainees in Israel, Gaza, and the West Bank had visits from family members.

The NGO, Palestinian Prisoners Club, had approximately 820 medical cases in Israeli prisons. During the year, approximately 57 cases required urgent medical attention. Following the August 18 hunger strike, Israeli authorities provided increased medical attention; however, prisoners continued to claim that it was inadequate. Several private doctors were authorized to visit prisoners.

d. Arbitrary Arrest or Detention

The 2001 PA Criminal Procedures Law allows police to hold detainees without charges for 24 hours. Court approval is necessary for detention without charges for a maximum of 45 days. A trial must start within 6 months of arrest or the detainee must be released. In practice, however, many Palestinians were held in detention without charge for months.

PA security forces detained persons without informing judicial authorities, and often ignored laws that protect the rights of detainees and court decisions calling for the release of alleged security criminals. At year's end, Palestinian sources estimated that between 250 and 300 suspected collaborators were held in PA prisons. Alleged collaborators often were held without presentation of evidence to a court and were denied access to lawyers, their families, or doctors.

Under applicable occupation orders, Israeli security personnel may arrest without warrant or hold for questioning a person suspected of having committed or to be likely to commit a security related offense. Israeli Military Order 1507 permits the Israeli army to detain persons for 10 days, during which detainees are barred from seeing a lawyer or appearing before court. Administrative detention orders could be issued for up to 6-month periods and could be renewed indefinitely by judges. No detainee has ever successfully appealed a detention order. Israeli military Order 1369 provides for a 7 year prison term for anyone who does not respond to a special summons in security cases. Suspects are entitled to an attorney, but this can be deferred during the interrogation phase, which sometimes lasts up to 90 days. Israeli authorities stated that they attempted to post notification of arrests within 48 hours, but senior officers may delay notification for up to 12 days. Additionally, a military commander may appeal to a judge to extend this period in security cases for an unlimited period, and many families reported serious problems in learning of the status and whereabouts of prisoners. Evidence used at hearings for administrative detentions in security cases was often unavailable to the detainee or his attorneys due to security classification.

The Israeli Government maintained that it held no political prisoners, but Palestinians claimed that administrative detainees were political prisoners. At year's end, Israel held approximately 8,300 Palestinian security prisoners (up from 5,900 in 2003), of which at least 960 were in administrative detention.

During the year, Israel did not conduct mass detentions in the West Bank as had been the case in the past; arrest operations were geared more toward specific persons. Israeli authorities intermittently issued special summonses for those suspected of involvement in or knowledge of security offenses.

Palestinians transferred to prison facilities in Israel had difficulty obtaining legal representation because only Israeli citizens or Palestinian lawyers with Jerusalem identification cards were permitted to visit them. However, during the year, procedures were revised to permit more lawyers to have access to the prisons. Israeli authorities in some instances scheduled appointments, but they subsequently moved the clients to another prison to delay lawyer client meetings for as long as 90 days.

The Government of Israel frequently failed to notify foreign consular officials in a timely manner when their citizens were detained.

In contrast to past practice, during the year, Israel did not forcibly transfer Palestinians from the West Bank to the Gaza Strip. On August 27, Israel allowed Kifah Ajouri, a Fatah activist who was forcibly transferred to Gaza in 2002, to return to his home in Nablus. Mahmud Suleiman Sa'id al-Sa'di al-Saffouri was transferred to Gaza from Jenin in May 2003 and was required to remain in the Gaza Strip.

Amnesty International (AI) noted that Muhammad Hassan Mustafa al-Najjar was administratively detained for the fourth consecutive time on May 20. Subsequently, AI reported that al-Najjar was released on June 20.

e. Denial of Fair Public Trial

The PA court system is based on legal codes that predate the 1967 Israeli occupation and Israeli military orders. A High Judicial Council (HJC) maintained authority over most court operations. State security courts were formally abolished in 2003. Military courts, established in 1995, have jurisdiction over police and security force personnel as well as crimes by civilians against security forces. The PA courts were inefficient, lacked staff and resources, and often did not ensure fair and expeditious trials. These problems predated PA jurisdiction, and were aggravated by lack of PA attention thereafter. The PA executive and security services frequently failed to carry out court decisions and otherwise inhibited judicial independence.

The ongoing violence adversely affected the PA administration of justice. Operation Defensive Shield in 2002 damaged the Court of First Instance and Conciliation in Ramallah and the PA's main forensic lab. Many police stations and incarceration facilities were damaged or destroyed. Travel restrictions, curfews, and closures significantly impeded the administration of justice.

Israeli law provides for an independent judiciary, and the Government generally respected this in practice. Palestinians accused of security offenses usually were tried in military courts. Security offenses are comprehensively defined and may include charges as varied as rock throwing or membership in outlawed terrorist organizations, such as Hamas or the PFLP. Military prosecutors brought charges. Serious charges were tried before three-judge panels; lesser offenses were tried before one judge. The Israeli military courts rarely acquitted Palestinians of security offenses, but sentences in some cases were reduced on appeal.

Israeli military trials followed evidentiary rules that were the same as those in regular criminal cases. Convictions may not be based solely on confessions, although, in practice, some security prisoners were convicted on the basis of alleged coerced confessions of themselves and others. The prosecution must justify closing the proceedings to the public in security cases. The accused is entitled to counsel, and a judge may assign counsel. Charges are made available to the defendant and the public in Hebrew, and the court may order that the charges be translated into Arabic, if necessary. Defendants had the right to appeal through the Military High Court or to the Civilian High Court of Justice in certain instances. The court may hear secret evidence in security cases that is not available to the defendant or his attorney. However, a conviction may not be based solely on such evidence.

Trials sometimes were delayed for very extended periods, because Israeli security force witnesses did not appear, the defendant was not brought to court, files were lost, or attorneys were delayed by travel restrictions (see Section 2.d.). Palestinian legal advocates alleged that these delays were designed to pressure defendants to settle their cases.

On May 20, a Tel Aviv District Court convicted West Bank Fatah leader and Palestinian Legislative Council member, Marwan Barghuti, on three charges of murder and one charge of attempted murder involving terror attacks that resulted in the deaths of five Israelis. Barghuti was arrested in April 2002 and initially was barred from seeing an attorney; however, he was allowed to retain and dismiss legal counsel during the course of his trial. The trial began in September 2002 and proceeded sporadically for more than 2 years. Barghuti rejected the Israeli court's jurisdiction, did not mount a legal defense, and did not appeal the five consecutive life sentences he received.

In May 2003, the PA High Court of Justice ordered the release of Taysir Abu Meghasib and Mehdi Abu Seif from detention for lack of evidence on charges of collaborating with Israel. At year's end, it appeared that they had not been released.

On October 16, a PA civil court in the Gaza Strip sentenced a Palestinian to death by hanging after finding him guilty of collaborating with Israel; however, by year's end, there had been no execution. Another three Palestinians convicted of the same charges received prison terms.

On November 28, an Israeli military court delayed PLC member Husam Khader's trial until March 6, 2005. Khader was arrested in March 2003 for alleged involvement in Intifada-related violence, but his trial since has been delayed repeatedly.

Crowded facilities, poor arrangements for scheduling and holding attorney client consultations, and confessions prepared in Hebrew hindered legal defense efforts.

Israeli settlers were tried under Israeli law in the nearest Israeli district court. Civilian judges presided, and the standards of due process and admissibility of evidence were governed by the laws of Israel, not military orders. Settlers rarely were prosecuted for crimes against Palestinians and, in the rare instances in which they were convicted, regularly received lighter punishment than Palestinians convicted in Israeli courts (see Section 1.a.).

f. Arbitrary Interference with Privacy, Family, Home, or Correspondence

The PA required the Attorney General to issue warrants for entry and searches of private property; however, Palestinian security services frequently ignored these requirements. Police searched homes without the consent of their owners. In some cases, police forcibly entered premises.

Under occupation orders, an officer of the rank of lieutenant colonel or above could authorize entry of private homes and institutions without a warrant, based upon military necessity. On some occasions IDF personnel beat occupants and destroyed or looted property. Authorities stated that these were punishable violations of military regulations, and compensation was due.

Israeli security forces demolished and sealed the homes (owned or rented) of Palestinians suspected of terrorism or the relatives of such suspects, without judicial review (see Section 1.g.). During the year, according to B'tselem, Israeli forces demolished 181 housing units in the occupied territories (compared with 219 in 2003) as punishment for terror activity and deterrence against future attacks.

On February 26, the IDF blew up the apartment of 'Itaf Abu Sha'ira in the al-Aida refugee camp near Bethlehem. Abu Sha'ira said that an IDF officer on the scene told her that the demolition was punishment for her husband Hassan's June 2001 killing of an IDF soldier. The IDF gave Abu Sha'ira and her family 10 minutes to remove items from her apartment prior to its destruction; the explosion also damaged other apartments in the building.

On April 4, the IDF blew up the home of Fakhri 'Aarda from the Tulkarm refugee camp after one of his sons killed an Israeli and injured another in a northern West Bank settlement on April 3.

Israel demolished many homes between the Rafah refugee camp and the border with Egypt, claiming that the houses concealed tunnels used for weapons smuggling or provided cover for attacks against Israeli soldiers. Between May 17 and 24, the IDF undertook "Operation Rainbow" to secure the neighborhoods along the Philadelphi road that divides the Gaza Strip from Egypt and eliminate "terrorists and wanted operatives." UNRWA and U.N. Office for the Coordination of Humanitarian Affairs (OCHA), judged that this operation destroyed 298 buildings, leaving 3,794 individuals homeless. Since 2000, approximately 1,500 buildings in Rafah have been demolished by the IDF, making more than 15,000 Palestinians homeless.

The IDF destroyed numerous citrus, olive, and date groves, and irrigation systems, stating that Palestinians had been shooting from those areas. The IDF also cleared and took control of land held by private Palestinians for construction of the separation barrier. B'tselem estimated that at least 6,900 acres of land has been taken for construction of the separation barrier. According to OCHA, the separation barrier was approximately 123 miles long and was projected to be more than 372 miles long.

Human rights monitors reported that the IDF provided greater protection to Palestinian farmers than they did in the past. Still, Palestinians complained that the IDF measures gave insufficient time to complete the harvest, and that they were limited in their own ability to protect their property by curfews and travel restrictions.

On November 17, approximately 70 Israeli settlers from the West Bank settlement of Itamar attacked Palestinian olive harvesters; Israeli security forces attempted to prevent disruption of the harvest.

Between December 9 and 12, according to the daily Ha'aretz, Zufim settlers uprooted more than 217 olive and citrus trees at Jayyus.

Israeli authorities generally did not prosecute settlers for acts of violence against Palestinians, and settlers rarely served prison sentences if convicted of a crime against a Palestinian. However, in August 2003, Israel arrested nine settlers for plotting an attack on a Palestinian school in East Jerusalem. Ultimately, during 2003, two were sentenced to 15-year terms, and one was sentenced to 12 years' imprisonment. The remaining six were released from custody for lack of evidence.

g. Use of Excessive Force and Violations of Humanitarian Law in Internal and External Conflicts

Palestinian members of Fatah, HAMAS, and PFLP attacked and killed civilians in Israel, Israeli settlers, foreign nationals, and soldiers. They used weapons designed to inflict casualties on noncombatants, such as suicide bombs, and fired area weapons such as rockets and mortars at their targets without regard for noncombatants. In addition, they often fired at Israeli security forces from civilian population areas, increasing the risk that Israeli return fire would harm noncombatants. The PA did not take sufficient steps to prevent terrorist attacks, enforce a ban on militant groups, or prevent such groups from seeking shelter in civilian areas. By year's end, some PA officials made statements questioning the utility of violence. During the presidential campaign, PA presidential candidate Abbas called the armed Intifada counterproductive to Palestinian interests.

According to the PA Ministry of Health, the Palestine Red Crescent Society, and B'tselem, at least 800 Palestinians were killed during the course of Israeli military and police operations during the year. The PA Ministry of Health estimated that approximately half of those killed were noncombatants. B'tselem reported a figure of 452 innocent Palestinians killed this year. The IDF stated that the majority of Palestinians killed were armed fighters or persons engaged in planning or carrying out violence against Israeli civilian and military targets. According to the PRCS, IDF operations resulted in injuries to approximately 4,000 Palestinians.

The IDF conducted numerous military incursions into Palestinian population centers, in response to Palestinian mortar and antitank fire. These actions often resulted in civilian casualties. Israeli forces fired tank shells, heavy machine-gun rounds, and rockets from aircraft at targets in residential and business neighborhoods where Palestinian gunfire was believed to have originated. Palestinians often used civilian homes to fire upon Israeli forces and booby-trapped civilian homes and apartment buildings. In response to these actions, the IDF usually raided, and often leveled, these buildings.

During an IDF incursion into two refugee camps in the northern Gaza Strip on March 7, Israeli forces killed 10 Palestinian militants and 4 civilians, including 3 children, during fighting throughout the day.

On May 17, Israel launched "Operation Rainbow" in Rafah in the Gaza Strip. According to the IDF, the operation was designed to destroy tunnels used for smuggling weapons into the Gaza Strip from Egypt. Over 40 Palestinians were killed during the operation, including civilians. (See Section 1.f. regarding housing destroyed in this operation.) Human Rights Watch (HRW) also reported that the IDF actions destroyed over 50 percent of Rafah's roads and elements of its water, sewage, and electrical systems.

On May 18 in Rafah, two Palestinian children, 16-year-old Asma al-Mughayr and her 13–year-old brother, were shot in the head on the roof-terrace of their home while performing household chores. AI concluded that IDF snipers killed both; Israeli army officials suggested that they were killed by an explosive device set by Palestinians. At year's end, there was no information on any further official investigation.

On July 6, IDF forces killed Dr. Khaled Salah, a Palestinian engineering professor at al-Najah University, and his teen-age son during a raid on their apartment building. IDF soldiers were seeking Palestinian militants in the building and, in the exchange of gunfire, also killed Salah and his son.

On September 7, a girl sitting in a U.N.-flagged school was struck in the head by gunfire from an Israeli position in Gaza. At year's end, an IDF investigation was ongoing into the circumstances of the shooting.

On September 19 in Nablus, during an exchange of gunfire between the IDF and militants, an 11-year-old Palestinian girl was shot and killed while standing in the doorway of her house. Palestinians claimed the IDF killed the girl, but the IDF stated that a preliminary investigation found that no IDF gunfire had been directed at the girl.

On September 28, the IDF launched "Operation Days of Penitence" into the northern Gaza Strip in response to continued Qassam rocket fire into Israel that killed two Israeli children in the town of Sderot. The IDF attacked targets in Bayt Hanun and Jabaliyah refugee camp using tanks and helicopters during the 17-day operation. Human rights groups claimed that IDF security forces killed as many as 130 Palestinians and wounded over 430 during the operation, although the U.N. put the number of those killed at 107. According to B'tselem, among the Palestinians killed were approximately 50 civilians, including at least 26 Palestinians under the age of 18. The IDF estimated that 19 civilians were killed.

On October 5, IDF soldiers shot and killed Imam al-Hams, a 13-year-old Palestinian schoolgirl, as she approached an IDF outpost in the southern Gaza Strip. The girl approached the outpost carrying a bag that troops suspected contained explosives, but which later turned out to contain only schoolbooks. After the girl had been shot from a distance, the IDF company commander repeatedly fired his automatic weapon into her at close range. On November 22, after investigation including statements by soldiers under his command, an IDF military court indicted the company commander on two counts of illegal use of weapons, obstructing justice, unbecoming behavior, and improper use of authority. At year's end, the court martial remained ongoing.

On October 7, IDF tank fire killed two boys 12 and 15 years of age while they were standing near their school.

On October 8, a 10-year-old Palestinian girl was shot and killed by IDF gunfire in Bayt Hanun in the northern Gaza Strip as she stood on the street in front of her house.

On October 12, Israeli military forces shot and killed an 11-year-old, Ghadir Mokheimer, as she stood outside her school in Khan Yunis refugee camp in Gaza. The IDF claimed that they returned fire after coming under rocket attack from militants using the school as cover.

On October 4, the IDF severely damaged the Gaza City wastewater treatment plant resulting in $200,000 (872,000 NIS) worth of damage to the USAID-funded parts of the plant. An investigation is being conducted into the incident; however, the IDF stated that the plant was not intentionally targeted. According to USAID, the total repair and replacement costs for damage during the year to USAID-funded projects are estimated at $450,000 (1.93 million NIS).

On November 5, Israeli media reported that an IDF tank round killed two Palestinian children, ages 8 and 10 years old, when tank fire hit their home in the al-Qarrara district of Khan Yunis.

On November 6, a 13-year-old Palestinian boy was shot and killed by IDF forces in Jenin. The IDF said the boy had thrown a firebomb at IDF soldiers.

On November 18, IDF tank fire killed three Egyptian policemen at the border near Rafah. Reportedly, the IDF believed the police were Palestinians attempting to plant explosives. Subsequently, the Government apologized for the killings.

IDF soldiers reportedly fired without warning on trespassers in or near restricted areas.

On September 28, Israeli forces killed a mentally ill Palestinian man when he climbed a fence near an army outpost in Jenin. On another occasion in the Gaza Strip, Palestinian youths were killed when they approached the security fence. Soldiers said the boys were providing intelligence to militants; Palestinians maintained that the boys were hunting birds.

During the year, according to Palestinian security and media reports, the IDF targeted for killing at least 25 Palestinians suspected of involvement in terrorism. IDF forces killed at least 18 bystanders--4 of whom were civilians and many of the remaining were affiliated with terrorist organizations and injured a number of others.

On March 22, rockets from Israeli helicopters killed Sheikh Ahmad Yassin, the founder of the Islamic Resistance Movement (HAMAS), as he was leaving a mosque in the Gaza Strip. Two bodyguards and one of Yassin's sons-in-law also died in the attack, along with eight worshippers from the mosque. Fifteen bystanders were injured.

On April 17, rockets from Israeli helicopters killed 'Abd al-Azziz al-Rantisi, a co-founder of Hamas and Yassin's replacement as its leader. Rantisi's bodyguards were killed during the attack. Eighteen other persons were wounded.

On October 21, Israeli aircraft fired two missiles at a car killing Adnan al-Ghoul, a senior Hamas commander, and his assistant. Eight bystanders also were slightly wounded.

Israeli security personnel operating checkpoints killed a number of Palestinians.

There were no developments in the investigation into the circumstances surrounding the July 2003 death of 3-year-old Palestinian Mahmud Jawadat Sharif Kabaha, who was shot while sitting in his parents' car at the Barta'a checkpoint west of Jenin (see Sections 1.a. and 1.c.).

During the year, Israeli forces delayed the movement of, and occasionally fired upon, medical personnel and ambulances. Israel has presented video evidence of armed Palestinians running from a building and entering an ambulance and of an ambulance crew that picked up an injured Palestinian, retrieved his weapon, and put it inside the ambulance before driving away. The U.N. maintained that the ambulance crews acted under duress. The Israeli Government acknowledged that an accusation that an ambulance crew had transported a Qassam rocket was in error.

On January 11, according to PRCS allegations, Israeli soldiers manning a checkpoint in the West Bank beat an ambulance driver and medic as they transferred patients from Nablus to Ramallah hospital.

On June 13, according to PRCS, an ambulance attempted to evacuate protesters injured during an antiseparation barrier demonstration. Israeli security personnel allegedly fired gunshots and tear gas at the ambulance.

The IDF abuse of Palestinians or their vehicles at checkpoints continued, but at a more reduced level than during 2002-03. Qahira Muhsen, age 41, from the village of al-Funduq, alleged that four Israeli Border Police in the vicinity of the Jajuliya checkpoint punched, kicked, and cursed him.

In April, a young Palestinian woman from Bethlehem told Machsom Watch, an Israeli women's rights organization, that she witnessed IDF soldiers at the "Container" checkpoint, southeast of Jerusalem, hit her father with truncheons as he sat in his car as well as abusing other drivers.

Palestinians frequently threw stones, Molotov cocktails, and on occasion fired live ammunition at Israeli security forces. Israeli security forces on various occasions responded with tear gas, rubber bullets, and live fire, including tank fire.

On May 19, at least 10 Palestinians were killed and more than 50 wounded when tank shells exploded near demonstrators in the Rafah refugee camp. IDF officials claimed that the tank had fired warning shots, and denied firing into the crowd. The IDF claimed that gunmen were in the crowd. This claim was disputed by Palestinians, and there was no evidence to substantiate the IDF charge. The IDF released a statement that expressed deep sorrow and regret over the loss of civilian lives.

On November 15, according to witnesses, Israeli border police entered Saint Vincent's Monastery in Bethany and seriously wounded an unarmed 15-year-old boy when his group, holding a mourning demonstration for Arafat, did not disperse as police requested.

Israeli forces used Palestinians as "human shields" in violation of applicable Israeli law. In 2002, the Israeli High Court of Justice granted an injunction against the use of Palestinians as "shields" for Israeli forces. The IDF admitted violations of existing procedures and reiterated that IDF forces "are absolutely forbidden to use civilians of any kind as a means of 'living shield' against gunfire or attack by the Palestinian side, or as 'hostages.'" However, IDF soldiers were permitted to seek consensual assistance of civilians in operations. Human rights groups asserted that Palestinians who consented often did so out of fear even if they were not coerced. Such Palestinians face the risk of being branded as collaborators.

On January 12, IDF soldiers used Ahamd Assaf to enter and search homes in the Tulkarm refugee camp and fired gunshots into the homes as Assaf searched them. Another Tulkarm refugee camp resident, Ahmad Ganem, claimed that Israeli soldiers made him search homes in the camp.

In April, Adalah, an Israeli-Arab human rights organization, asked the Israeli High Court to issue an injunction against the IDF seeking the assistance of Palestinians, without exception. On September 5, the President of the Court urged the IDF to forego use of the procedure, citing the Fourth Geneva Convention. The High Court announced that it would give its decision at a later date.

According to B'tselem, there have been 90 Military Police investigations since September 2000 relating to Palestinians killed and injured during the Intifada, resulting in the filing of 29 indictments. B'tselem reported that one soldier was convicted for causing the death of a Palestinian.

B'tselem and the Association for Civil Rights in Israel (ACRI) petitioned the High Court in September 2003 to open military investigations into all cases where IDF soldiers killed Palestinians who had not engaged in hostilities. At year's end, the High Court had not ruled on the petition.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The PA restricted freedom of speech and freedom of the press. During the year, the PA limited free expression, particularly regarding human rights and alleged security issues. PA security services banned publications or broadcasts and periodically harassed or detained members of the media. Palestinian commentators and human rights groups stated that, as a result, journalists practiced self-censorship. In addition, armed extremist groups attacked journalists.

There were three Palestinian dailies and several Palestinian weekly newspapers. There also were several monthly magazines and three tabloids. The PA operated two television stations and one radio station. There were approximately 30 independently owned television stations and approximately 9 radio stations. According to an October study published by the Palestinian Central Bureau of Statistics, approximately 33 percent of Palestinians in the occupied territories had access to the Internet.

The Israeli occupation authorities limited speech. In East Jerusalem, the display of Palestinian political symbols, such as flags, national colors, and graffiti, was prohibited and punishable by fines or imprisonment, as were public expressions of anti-Israeli sentiment and of support for Islamic extremist groups. Israeli authorities censored press coverage of the Intifada and reviewed Arabic publications for material related to public order and security issues. Closures and curfews limited the ability of Palestinian journalists to do their jobs.

On January 8, journalist Saifeddin Shahin was beaten by five armed men after his car was stopped. The attackers claimed to be from the Fatah movement and threatened reprisals if he continued to write about Fatah. PA police arrested one of the attackers; however, at year's end, there had been no further legal action.

On March 22, Mohammad Abu Halima, a correspondent for the al-Najah University-affiliated radio station, was killed by IDF gunfire as he reported on clashes in the Balata refugee camp in Nablus, according to the Committee to Protect Journalists. An IDF spokesperson said that Abu Halima had opened fire. At year's end, there was no report of any Israeli investigation of the circumstances of the killing.

During the year, Israeli gunfire killed a journalist, and at least 11 other journalists sustained injuries during clashes between IDF soldiers and Palestinians in the occupied territories. Israeli soldiers beat journalists on several occasions, detained others, and confiscated their press cards.

On September 27, Riad Ali, a Cable News Network journalist, was abducted by a group of armed Palestinian men. Ali, an Israeli citizen from the Druze community, was released 36 hours after his abduction. There were no claims of responsibility for the kidnapping.

In March 2003, PA police in Gaza City shut the Palestinian newspaper, al-Risalah, a weekly publication of the Islamic National Salvation Party (Khalas). The paper returned to publication during the year.

On April 2, Ammar Awad was covering clashes between Israeli police and Palestinian demonstrators in Jerusalem. The policemen destroyed the journalist's cameras.

On April 24, an IDF soldier shot journalist Ali Samoudi in the nose as he was covering an Israeli army incursion into Jenin. Samoudi, who was wearing a "press" sign, alleged that the soldier intentionally fired at him.

James Miller was killed by the IDF in May 2003 while filming a documentary in Gaza City. After repeated requests from his family and from foreign diplomatic representatives, the IDF Military Attorney General (MAG) ordered an investigation into the incident. At year's end, the NGO B'tselem had no information regarding the status of the investigation.

In April 2003, an IDF soldier killed Nazeeh Darwaza while he was filming a wounded child during an IDF incursion in Nablus. On June 16, B'tselem was informed that the MAG was investigating the case. At year's end, there was no further information.

On December 27, Israeli police detained PA presidential candidate Mustafa Barghuti for several hours after he attempted to campaign in Jerusalem. Barghuti lacked a permit to enter Jerusalem (see Sections 2.d. and 3).

The PA had authority over all levels of education. During the year, the PA did not interfere with education, but academic institutions were adversely affected by the violence.

On November 27, Yaser al-Madhoun, a Palestinian professor at al-Azhar University in Gaza City, was killed when a remote control bomb exploded in his office; another Palestinian was injured. At year's end, PA police continued the investigation.

Israeli closures, curfews and the separation barrier restricted access to Palestinian academic institutions. In some instances, Israeli authorities shut universities entirely. Israeli shelling and gunfire during military operations damaged a number of schools and, in some cases, killed schoolchildren (see Section 1.g.).

In 2003, Israeli authorities closed the Hebron University and the Hebron Polytechnic School, which served 5,000 students. The schools reopened during the year.

According to UNICEF, years of conflict damaged 300 schools and, in 2003, 580 schools were periodically forced to close.

The PA Ministry of Education claimed that, since 2001, the IDF had converted three schools in Hebron into military barracks.

Physical damage to schools and universities was calculated at more than $10 million (43 million NIS).

b. Freedom of Peaceful Assembly and Association

The PA imposed some formal limits on freedom of assembly; however, while it required permits for rallies, demonstrations, and large cultural events, these permits rarely were denied. In Gaza, police approval was required for political meetings at specific meeting halls and for buses to transport passengers to attend political meetings. The PA prohibited calls for violence, displays of arms, and racist slogans, although these provisions were rarely enforced. The PA placed some limits on freedom of association; however, charitable, community, professional, and self-help organizations were able to operate.

Israeli military orders banned public gatherings of 10 or more persons without a permit; however, Palestinians were able to ignore this order without punishment.

Israeli security forces used force against Palestinians involved in demonstrations (see Section 1.c.). The Israeli and Palestinian authorities disputed whether Palestinians attacked security forces during such demonstrations. In 2001, the IDF authorized the use of gunfire in some rock-throwing situations.

On February 26, Israeli security forces used tear gas, rubber bullets, and live ammunition, reportedly after demonstrators began throwing stones at Israeli forces during an antiseparation barrier demonstration Biddu village. Two persons were killed and approximately 70 persons sustained injuries.

Orient House, the preeminent Palestinian political institution in Jerusalem, was shut by Israeli forces in 2001 and remained closed throughout the year. In 2002-03, Israel closed the Arab Graduates Club, frequented by Fatah activists, the Multi-Sectoral Review Project, the Land Research Center, the East Jerusalem offices of the Federation of Palestinian Chambers of Commerce, and the Jerusalem Cultural Association and the Union of Sports Clubs. Israeli authorities claimed that these institutions were operating under PA supervision in violation of signed agreements. At year's end, these organizations remained closed.

c. Freedom of Religion

The PA has no law that specifically protects religious freedom, but religious freedom was respected in practice. Islam is the official religion of the PA. Religion must be declared on identification papers, and personal status legal matters must be handled in ecclesiastical courts. The PA's Ministry of Waqf and Religious Affairs paid for the construction and maintenance of mosques and the salaries of imams. Christian clergymen and charitable organizations received limited financial support. The PA did not provide financial support to any Jewish institutions or holy sites in the occupied territories; these areas were generally under Israeli control. During the year, there were no reports of violence against or vandalism of Jewish institutions in the occupied territories.

The PA required that religion be taught in PA schools. The PA provided separate religious instruction for Muslim and Christian students.

Media frequently published and broadcast material about the occupation that included anti-Semitic content. The rhetoric used by Palestinian terrorist groups included expressions of anti-Semitism. Muslim religious leaders and the PA television station engaged in expressions of anti-Semitism. On the positive side, in a December 3 sermon broadcast on PA Television, preacher Muhammad Jammal Abu Hunud called for the development of a modern Islamic discourse, to recognize the "other," to treat him with tolerance, and to avoid extremism and violence.

Israeli authorities generally respected religious freedom and permitted all faiths to operate schools and institutions. However, internal and external closures prevented tens of thousands of Palestinians from reaching their places of worship in Jerusalem and the West Bank, including during religious holidays. Citing security reasons, Israel prevented most male Muslim worshippers under the age of 45 from attending Friday prayers inside the Haram al-Sharif/Temple Mount, the third holiest site in Islam and the holiest site in Judaism. Most West Bank residents and virtually all Gaza residents were restricted from entering Jerusalem during Ramadan.

In August 2003, Israeli police began escorting tourists to the Haram al-Sharif/Temple Mount to reassert the right of non-Muslims to visit the shrine.

For a more detailed discussion, see the 2004 International Religious Freedom Report.

d. Freedom of Movement Within the Occupied Territories, Foreign Travel, Emigration, and Repatriation

The PA generally did not restrict freedom of movement. The Israeli occupation authorities, citing military necessity, often tightly restricted the movement of Palestinians in response to changing security conditions.

During periods of unrest (in the aftermath of terrorist attacks or during military exercises), travel between some or all towns within the territories was prohibited. Such "internal closures" were supplemented, during periods of potential unrest and during major Israeli and Muslim holidays, by "comprehensive, external closures," which precluded Palestinians from leaving the territories. During the year, there were no extended blanket closures, although several Gaza crossing points were simultaneously closed for extended periods, completely closing off the Gaza Strip. Since 1993, Palestinians were able to enter East Jerusalem only with a travel permit issued by Israeli authorities. The Israeli authorities also imposed curfews in some areas, which confined Palestinians to their homes for all but a few hours per week. During the year, there were fewer curfews than in 2003.

The PA issued passports for Palestinian residents of the West Bank and Gaza. Because there are no commercial flights from the territories, travelers must depart via land crossings into Israel, Jordan or Egypt. Even prior to the Intifada, it was difficult for Palestinians to obtain permits to visit Israel. While transit passes for travelers using Ben Gurion airport exist, they are not widely available. Vehicles originating in the territories are often not permitted entry into Israel or Jerusalem. Palestinians were prohibited from using the Sheikh Hussein or Arava crossings. As a result, most Palestinians traveling abroad could exit and enter only via the Allenby Bridge or Rafah crossing points.

Between April 16 and September 18, the IDF prevented Palestinian males between the ages of 16 and 35 from exiting Gaza through the Rafah terminal. On July 18 the terminal was closed completely, leaving approximately 2,500 Palestinians on the Egyptian side for more than 2 weeks. The IDF was searching for a tunnel in the vicinity, but failed to locate it. On December 12, a terrorist attack extensively damaged the terminal and killed five Israeli soldiers. At year's end, the terminal remained closed.

Palestinians with Jerusalem identification cards, issued by the Israeli Government, needed special documents to travel abroad. Upon request, the Jordanian Government also issued travel documents to Palestinians in the West Bank and East Jerusalem. Palestinians who wish to travel to Jordan must leave their Israeli identification documents with Israeli authorities at the Allenby Bridge. Bridge-crossing permits to Jordan were available at post offices without a screening process.

The external and internal closures contributed to increased unemployment and poverty in the occupied territories. Approximately 146,000 West Bank and Gaza workers, representing roughly 25 percent of the Palestinian work force, depended on day jobs in Israel, Israeli settlements, and Jerusalem. The closures impeded Palestinians from reaching jobs or markets in the occupied territories and disrupted internal and external trade. The unemployment rate was estimated at 31 percent at year's end. The economic dependency ratio (total population divided by employed persons) increased during the year. The percentage of employees whose monthly wages fell below the poverty line increased from 43.5 percent in the third quarter 2000 to 56.8 percent at year's end.

For the approximately 200,000 Palestinians who lived in rural villages without the full range of urban services--such as medical care, education, or potable water—the closures were a particular hardship.

Apart from closures, delays at checkpoints and roadblocks affected all aspects of life, particularly emergency health care. According to OCHA, in the West Bank there were 61 fully manned checkpoints, 6 occasionally manned checkpoints, 374 earthen mounds blocking roads, 102 cement roadblocks, 48 road gates, and 51 gates along the separation barrier. The Israeli authorities’ figures show 47 checkpoints and 130 roadblocks in the West Bank as of December. (OCHA and Israeli Government statistics are based on different methodology.) Although ambulance response times improved during the year as the Israeli authorities provided additional permits, many problems remained, including difficulties for ambulances attempting to reach villages in remote areas of the West Bank.

In January, villagers from Jayyus were unable to exit the village to tend fields or graze sheep.

On March 10, the IDF delayed a car containing an ill 10-month-old for 3 hours at a roadblock near Khan Yunis in the Gaza Strip. The baby died.

On April 30, Mohammad Dagaghmah, a shepherd from Hebron who claimed to have a valid permit, was not permitted to pass a checkpoint for 2 days, although his sheep were allowed to pass.

According to B'tselem, on June 15, taxi driver Fuad al-Jaiyusi reported that IDF soldiers refused to let him and four other drivers cross the Jit checkpoint, contending that al-Jaiyusi did not have the proper permit, and impounded his vehicle for 4 days.

On July 10, Israeli soldiers delayed at the Allenby Bridge gates for approximately 2 hours a PRCS ambulance carrying a cancer patient in critical condition to a local Palestinian hospital. During a search of the ambulance by Israeli security personnel, the patient's condition deteriorated, but PRCS medics were not permitted to intervene. The patient was dead on arrival.

On July 20, Abdel Latif Emlaitat died of a heart attack at a roadblock near the village of Bayt Furik. According to his family, Emlaitat suffered severe chest pain and was trying to reach the hospital in Nablus. Israeli soldiers stopped the car when it attempted to leave the village for approximately 2 hours.

On December 23, at the Erez Crossing into Israel from Gaza city, only 5 of 25 medical cases that had permits to enter were allowed to cross into Israel. Those unable to enter were directed to leave and reapply to enter on another day.

At the end of the year, the barrier divided approximately 157,800 acres with a population of 93,200 from the rest of the West Bank. According to OCHA, Palestinians have been impeded from reaching their land to harvest crops and graze animals. Residents' access to schools, medical care and other services was also impeded. In October 2003, Israeli military orders required Palestinians residing in "seam zones" between the separation barrier and the Green Line (approximately 5,000 of the 93,200 mentioned above) to obtain residency permits to remain in these areas.

Israel offered East Jerusalem residents citizenship following Israel's occupation of Jerusalem in 1967. Most have chosen not to accept Israeli citizenship, but instead have sought a residence permit or Jerusalem identification card. Under the 1952 Law of Permanent Residency, such residents risk loss of status if their ties with Jerusalem lapse, although human rights groups report that such revocations have been infrequent. On July 8, an Israeli ministerial committee reportedly adopted an unpublished resolution calling for the application of the 1950 Absentee Property Law to East Jerusalem; however, the resolution does not appear to have been acted upon or implemented by year's end.

Residency restrictions affected family reunification. Palestinians who were abroad during the 1967 War, or who subsequently lost their residence permits, were not permitted to reside permanently with their families in the occupied territories. Foreign-born spouses and children of Palestinian residents experienced difficulty in obtaining residency. Palestinian spouses of Jerusalem residents must obtain a permit to reside there. Palestinians reported delays of several years or more before spouses were granted residency permits. The Government of Israel occasionally issued limited-duration permits, but renewing the permits could take up to 8 months, which resulted in many Palestinians falling out of status. Palestinians also reported extensive delays in registering newborn children with Israeli authorities.

Neither the Israeli Government nor the PA used forced exile or forcibly deported anyone from the occupied territories during the year.

Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government

Following the death of PA Chairman Yasir Arafat on November 11, an election for PA president was scheduled for January 9, 2005. Seven candidates competed in a vigorous election campaign throughout the occupied territories. The Government of Israel and the PA agreed to follow the 1996 parameters for voting in East Jerusalem.

On December 23, the PA held municipal elections in 26 West Bank localities for the first time since 1976. Further elections were scheduled for Gaza on January 27, 2005, and for other municipalities in the spring and summer of 2005. Domestic and international election observers found the December 23 elections met democratic standards, while noting several technical and procedural problems.

The 88-member Palestinian Legislative Council (PLC) and Chairman of the Executive Authority were elected in 1996 in a process that international observers concluded generally met democratic standards, despite some irregularities.

On September 27, the Palestinian cabinet adopted a 1-year reform action plan, approved by the council, that was designed to create a more equal balance of power between the executive and the council and more accountability and transparency in governance.

In September and October, the independent Central Elections Commission conducted voter registration. The registration process went smoothly except in East Jerusalem, where Israeli police closed registration centers, and in some parts of Gaza, where IDF operations disrupted the process. The register was used in the December 23 municipal elections and will be used in elections scheduled for 2005. Following the closure of registration centers in East Jerusalem, very few Palestinian residents of the city attempted to register elsewhere, though they were eligible to do so.

While Palestinians with residency permits were eligible to vote in Jerusalem municipal elections, most did not recognize the jurisdiction of the Israeli municipality of Jerusalem and did not participate. There were no Palestinian residents of Jerusalem on the city council.

There was a widespread public perception of corruption within the PA, notably within the security forces. There were calls for reform from many social and political elements, especially during the summer.

The law requires official PA institutions to "facilitate" the acquisition of requested documents or information to any Palestinian; however, the law does not require any PA agency to provide such information. Many Palestinians cited the law when seeking to acquire information from the PA; however, no cases have come before the PA courts. NGOs were seeking to amend the law to make it mandatory to provide information to Palestinians.

During the year, there were 5 women on the 88-member Council, and 2 women served in Ministerial-level positions.

Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

Local Palestinian human rights groups and several international organizations monitored the PA's human rights practices. By the end of 2003, the PA had issued registration certificates for 150 of the approximately 350 new and existing NGOs that submitted applications under the 2000 NGO law. During the year, an additional 74 such certificates were granted; others still were being processed at year's end.

PA officials usually met with NGO representatives. Public criticism from these groups has been somewhat less forthcoming since the outbreak of the Intifada, with several NGOs voluntarily deciding to defer criticism of the PA's human rights performance. Observers noted that documentation of abuses was very limited.

On March 2, Khalil al-Zaban, a journalist and advisor to PA Chairman Arafat on human rights and the media, was shot and killed in Gaza City. Al-Zaban headed the PA's government-appointed NGO Council and published its monthly newsletter. Al-Zaban was noted both for open criticism of Islamic militancy and aggressive attacks on those critical of the PA, particularly on human rights. At year's end, neither the perpetrators nor their motives had been identified.

Some PA security organizations, including the General Intelligence Service in the West Bank and the police, appointed officials to act as liaisons with human rights groups. These officers met with human rights organizations and members of the diplomatic community to discuss human rights cases.

The ICRC and human rights groups, such as the Palestinian Independent Commission for Citizens' Rights and the Mandela Institute, regularly visited PA prisons and detention centers. During the year, some groups reported that they occasionally encountered delays in obtaining access to detainees in Palestinian prisons. PA officials reportedly were less responsive to queries regarding the PA's policies toward and treatment of collaborators than to queries on other detainees (see Sections 1.c. and 1.d.).

Israeli, Palestinian, and international humanitarian and human rights NGOs monitored the Israeli Government's practices in the occupied territories. The Israeli Government permitted human rights groups to publish and hold press conferences, and provided the ICRC and other groups with access to detainees (see Section 1.c.). Some of these organizations were critical of the Israeli Government's practices and cooperation. In many cases, human rights groups refused to apply to Israeli authorities for special travel permits in order to protest Israel's regulation of their activities. During the year, human rights groups reported that Israeli closures impeded and, at times, completely prevented their work.

On January 13, Thomas Hurndall, 22, a British activist with the International Solidarity Movement, died as a result of injuries sustained in April 2003 when an IDF soldier shot him as he attempted to move Palestinian children to safety during clashes in Rafah. At year's end, the court-martial of the IDF soldier charged with manslaughter was still pending.

In May 2003, Israel began requiring foreigners entering the Gaza Strip to sign a waiver providing that "the Government of the State of Israel and its organs cannot be held responsible for death, injury and/or damage/loss of property which may be incurred as a result of military activity."

In May 2003, then-Israeli Minister of Foreign Affairs Silvan Shalom said, "Most human rights offices in the West Bank and Gaza Strip provide shelter for Palestinian terrorists."

In September, a settler confronted two members of the Temporary International Presence in Hebron (TIPH), an NGO that monitored relations between Israeli and Palestinian security forces, Palestinian civilians, and settlers in the city, and attempted to run over one of the TIPH staff. IDF soldiers refused to intervene, allegedly told the TIPH members to leave, and blamed them for the incident.

On September 29, unidentified assailants suspected of belonging to the Maon settlement in the South Hebron Hills attacked and robbed two U.S. citizen members of the Christian Peacemakers Teams (CPT) as they escorted Palestinian children to school. One sustained internal injuries, including a punctured lung, and the other a broken arm. Settler officials denied any knowledge of the attack. At year's end, the assailants had not been apprehended.

On October 9, members of the CPT, AI, and an Italian NGO ("Operation Dove") were escorting Palestinian children from the village of Tuwani to a school in the village of Tabban southeast of Hebron. As they were walking by the settlement of Maon, settlers wearing masks and shouting obscenities in Hebrew attacked the escorts with baseball bats, seriously injuring an Italian volunteer. At year's end, the assailants had not been apprehended.

The U.N. Relief and Works Agency (UNRWA) and other groups reported continued delays in transporting goods to Palestinian refugees in the occupied territories. During Operation Days of Penitence in September and October, the IDF restricted entrance into the Gaza Strip, preventing humanitarian agencies such as UNRWA from delivering food and providing assistance.

In October, UNRWA claimed that 24 of its staffers were detained by the IDF and that it was not notified. An Israeli official stated the number detained was not 24, but said that other UNRWA staff members were under indictment.

Physicians for Human Rights, which offered weekly "mobile clinics" in Palestinian villages, has been denied access to Gaza for 3 years and has only limited access to the West Bank.

On March 16, 2003, an Israeli bulldozer clearing land in Rafah in the Gaza Strip crushed and killed Rachel Corrie, 23, a U.S. citizen peace activist. Corrie was standing in front of the bulldozer and was wearing a reflective vest. Eyewitness demonstrators stated that they believe the driver knew Corrie was in front of the bulldozer as he proceeded forward. IDF investigations concluded that the operator was not negligent. U.S. officials who have seen the IDF report found inconsistencies among the statements of the people involved in the accident and other witnesses. The Corrie family believes that the investigation was not thorough, credible, and transparent and continued to pursue the case. In conjunction with the report of the IDF Judge Advocate General, the IDF implemented two remedial procedures for improved safety: The presence of more senior officers to oversee such operations and the designation of closed military zones with orders forbidding the presence of civilians in areas when IDF military operations are concluded.

On April 7, 2003, gunfire from an undetermined source struck 24-year-old U.S. citizen Brian Avery in Jenin. The IDF denied responsibility for the incident. Avery, an activist with the International Solidarity Movement, was walking outside during curfew in the city when an IDF armored personnel carrier approached him. Avery was shot in the face and required considerable surgery and extended hospitalization. In December, a lawyer petitioned the Supreme Court to require Israel military authorities to investigate his shooting. According to B'tselem, the IDF had reportedly conducted an internal investigation and concluded that it was impossible to determine whether Avery was hit by IDF or Palestinian gunfire. At year's end, the Israeli High Court had not delivered its decision in the case.

On December 26, 2003, Israeli security forces fired at demonstrators attempting to penetrate the separation barrier built near the town of Qalqilya. The gunfire wounded a 25-year-old U.S. citizen and seriously wounded Israeli citizen Gil Na'amati in both legs. The IDF internal inquiry concluded that the soldiers involved had not violated the open-fire regulations. On November 27, the Military Attorney General (MAG) decided that no criminal charges would be brought. However, the MAG recommended a reprimand for the regional brigade commander and further recommended that the commander of the Engineers Corps unit that was involved, his second in command, and two other soldiers be brought to a disciplinary hearing.

At year's end, the Government of Israel continued to withhold information regarding the documents and property taken during the 2001 seizure of Orient House (see Section 2.b.).

Section 5 Discrimination, Societal Abuses, and Trafficking in Persons

Women

PA law does not explicitly prohibit domestic violence, but assault and battery are crimes. There were reports indicating that Palestinian domestic violence increased since 2000.

So-called honor crimes occurred infrequently, according to human rights groups. Public discussion of the issue gained greater attention due to a significant effort by Palestinian women's groups. The crimes almost exclusively involved alleged sexual interactions of female family members with men who were not their husbands. Women's shelters were not accepted culturally. There was no reliable data on the incidence of violence against women.

Rape is illegal, but spousal rape is not.

Palestinian women endured social prejudice and repression. Some girls, especially in rural areas, did not finish mandatory schooling because prospective husbands did not approve. Education and cultural restrictions occasionally prevented women from attending college. Muslim and Christian women who married outside of their faith often were disowned and sometimes harassed. Local officials sometimes advised such women to leave their communities to protect themselves.

Before 2000, a growing number of women worked outside the home, where they often encountered discrimination and, occasionally, sexual harassment. There were no special laws on women's rights in the workplace. Women were underrepresented in most aspects of professional life, although a small group of women were prominent in politics, medicine, law, teaching, and NGOs.

For Muslims, personal status law is derived from Shari'a (Islamic law). Ecclesiastical courts rule on personal status issues for Christians. Shari'a pertaining to women is part of the Jordanian Status Law of 1976, which includes inheritance and marriage laws. Women in most cases are not entitled to inheritance. Men may take more than one wife, although few did so. Women may make "stipulations" in the marriage contract to protect them in the event of divorce and on questions of child custody; however, only an estimated 1 percent of women took advantage of this provision. Ecclesiastical courts also often favored men over women in divorce and child custody cases.

Children

The PA provides for compulsory education through the ninth grade. However, girls who married before the ninth grade left at the behest of husbands and, in rural areas and refugee camps, boys left school to help support their families.

Internal closures, checkpoints, and the separation barrier significantly impeded the ability of both students and teachers to reach educational facilities (see Sections 2.a. and 2.d.).

In areas under curfew, all classes were cancelled. UNRWA reported that more than 35,000 teacher workdays were lost in the 2002-03 academic year. Enrollment of students from Gaza at Birzeit University in the West Bank declined from 370 in 2000 to 39 at year's end.

Education and health care professionals judged that the violence produced lack of focus, nightmares, incontinence, and other behavioral problems. UNRWA reported that elementary school exam pass rates in Arabic, mathematics, and science declined dramatically between 2000-01 and 2003-04.

OCHA reported that during the past 3 years, Palestinian universities lost approximately $4.85 million (20.8 million NIS) worth of infrastructure. During the year, university dropout rates increased by 7 percent, in part, because families were unable to pay the fees.

The PA Ministry of Health provided for children's immunizations. The PA insurance program provided basic medical care for children, for a small monthly fee. The latest available figures showed a slight improvement in nutrition levels from 2003. In 2003, 3.4 percent of Palestinian children suffered from acute malnutrition and 10.7 percent suffered from chronic malnutrition. The prevalence of anemia varied between the West Bank (17.4 percent) and the Gaza Strip (31.2 percent).

Child abuse was not a widespread problem. The law does not explicitly prohibit child abuse, but does sanction parents who failed to protect children from abuse. PA courts may protect children in "difficult situations," including cases of neglect or abuse. The Ministry of Social Affairs may ask a court to intervene to place a child in an official protective institution or with an alternate family.

The law provides that no one under 14 can work. Those between 15 and 18 can be employed under limited conditions (see Section 6.d.). There was no juvenile court system, but certain judges specialized in juvenile cases.

Palestinians in East Jerusalem received municipal services inferior to those available in other parts of Jerusalem. In 2001, the Israeli High Court ordered the construction of new infant care clinics in East Jerusalem. The Association for Civil Rights in Israel stated that six centers now existed in East Jerusalem and the surrounding areas and that there was sufficient coverage for the local East Jerusalem population. East Jerusalem schools remained under-funded and overcrowded, and many students were denied enrollment due to lack of space. In 2001, the Israeli High Court ordered the municipality to build 245 new classrooms within the next 4 years, but, at year’s end, only 2 new classrooms were finished and 28 were under construction

International and domestic NGOs, including UNICEF, Save the Children, and Defense for Children International, promoted educational, medical, and cultural services for children, and other groups specialized in the needs of children with disabilities.

Palestinian terrorist groups used minors to conduct attacks or as human shields. On January 11, a 17-year-old high school student from Nablus blew himself up near an army post at Jinsafut; no IDF solders were hurt. On November 1, a 16-year-old Palestinian bomber blew himself up in a Tel Aviv marketplace, killing three Israeli civilians.

Trafficking in Persons

Palestinian law does not prohibit trafficking in persons; however, there were no reports that persons were trafficked to, from, or within the occupied territories.

Persons with Disabilities

Accessibility to public facilities was not mandated in the occupied territories. Palestinians with disabilities were discriminated against in most spheres, including education, employment, transportation, and access to public facilities. There were approximately 130,000 Palestinians with disabilities prior to the outbreak of the current Intifada. The Health, Development, Information, and Policy Institute estimated that one-tenth of the approximately 28,000 Palestinians injured in the Intifada will have permanent disabilities.

Some institutions cared for persons with disabilities; however, their efforts consistently were underfunded.

Care for Palestinians with physical and mental disabilities remained a problem. Cultural stigmas coupled with inadequate funding produced poor quality care. The PA depended on NGOs to care for physical disabilities, and offered substandard care for mental disabilities. In February, the Ministry of Health, with input from the World Health Organization, released a national strategy for mental health services that called for increased efforts to care for mental health patients and to reintegrate them into the community.

Other Societal Abuses and Discrimination

There were no laws that discriminated against homosexuals, and there were no reports of specific incidents of abuse because of sexual orientation. However, cultural traditions and religious publications reject homosexuality, and Palestinians alleged that the public and PA security officers subjected them to harassment, abuse, and sometimes arrest because of their sexual orientation.

Section 6 Worker Rights

a. The Right of Association

Labor Law 7 went into effect in 2001, but calls for 48 bylaws. Nine have been approved by the Ministers Council and published; 9 were approved but have not yet been published; and 30 remain incomplete. Workers may establish unions without government authorization. There were 19 trade unions registered with the Ministry of Labor.

The International Labor Organization (ILO) has paid to disseminate an explanation of labor laws prepared by the Department of Law at Birzeit University.

Workers in Jerusalem are free to establish unions, but may not join West Bank federations; however, this restriction was not enforced. Workers, holding Jerusalem identity cards, may belong simultaneously to West Bank unions and the Israeli Histadrut Labor Federation.

Palestinians who worked in Israel or Jerusalem prior to 2000 were partial members of Histadrut and had 1 percent of their wages withheld. Partial membership entitled them to limited benefits, including compensation for on-the-job injuries, maternity leave, and employer bankruptcy. Histadrut and West Bank union officials negotiated an agreement to transfer half of this fee to the Palestinian General Federation of Trade Unions (PGFTU), which claimed it was owed $6.5 million (28 million NIS).

Article 66 of the labor law provides for the right to strike. Prospective strikers must send a written warning 2 weeks in advance to the other party and the Ministry of Labor notifying them of the basis for the strike. (For strikes affecting public utilities, the period is 4 weeks.) In practice, strikers had little protection from retribution. Unions that seek to strike must accept arbitration by the Ministry of Labor and are subject to disciplinary action if they do not accept the result.

The PGFTU participated in some programs of the International Confederation of Free Trade Unions, but was not a member. The PGFTU became an ICFTU affiliate in 2002.

b. The Right to Organize and Bargain Collectively

A majority of workers in the occupied territories were self employed or unpaid family helpers. Approximately 35 percent had wage jobs. Most were employed by UNRWA and the PA. Articles 60 to 65 of the labor law stated that conflicts should be resolved by a mediator from the ministry. If the ministry cannot resolve the dispute, it can be referred to a special committee, and, eventually to a special court. Accordingly, in practice the right to strike remained questionable.

There are no export processing zones in the occupied territories, although the Gaza Industrial Estate previously enjoyed free trade access to foreign markets.

c. Prohibition of Forced or Compulsory Labor

PA law does not prohibit specifically forced or compulsory labor; however, there were no reports that such practices occurred.

d. Prohibition of Child Labor and Minimum Age for Employment

The minimum employment age is 15, and there are special conditions for employment between 15 and 18. For minors, working at night, hard labor, and travel outside their area of domicile were prohibited. However, many children under 15 worked in family farms and shops, or as street vendors, and in small manufacturing enterprises, such as shoe and textile factories. According to the Palestinian Central Bureau of Statistics' Labor Force Survey Report, July-September 2003, 1.7 percent of children 10 to 14 years of age worked in 2003. The PA had only 40 labor inspectors for an estimated 65,000 enterprises. The ILO and UNICEF worked with the PA to develop capacity. During the year, the ILO began to implement its International Program for the Elimination of Child Labor, conducted a survey, and hired a specialist to conduct a technical assessment.

e. Acceptable Conditions of Work

There was no minimum wage. Prior to 2000, the average wage for full-time workers provided a decent standard of living. The standard of living dropped significantly over the last 4 years.

The normal workweek was 45 to 48 hours. There was no effective enforcement of maximum workweek laws.

The PA Ministry of Labor was responsible for enforcing safety standards, and, while its ability was limited, it carried out some inspections. The ministry stated that new factories and workplaces met international health and safety standards, but that older ones did not. Palestinians who worked in Israel were required to contribute to the National Insurance Institute and received limited benefits.

Source: U.S. State Department Report on Human Rights Practices for 2004