UPN, Alm.del - 2009-10

17 March 2010EMHRN – FIDH STATEMENT ON THE OCCASION OF THE EU-ISRAEL ASSOCIATIONCOUNCIL(23 March 2010)PROXIMITY TALKS ARE NOT ENOUGH TO RESUME UPGRADING WITH ISRAELTangible progress re the humanitarian and human rights situation is neededIn the run-up to the Association Council meeting between the European Union and Israel, to beheld on 23 March 2010, the Euro-Mediterranean Human Rights Network (EMHRN) and theInternational Federation for Human Rights (FIDH) would like to raise their concerns regarding EU’sprospect to upgrade its relations with Israel.While proximity talks between Israel and thePalestinians should be welcomed, tangible progress regarding the humanitarian and humanrights situation on the ground are necessary before the EU considers resuming theupgrading of its relations with Israel.Israel’s recent announcement that it would be constructing1,600 houses in a Jewish settlement in occupied East-Jerusalem underlines the importance ofconcrete steps on the ground. The EMHRN and FIDH are also concerned that despite the politicaldecision of the EU in June 2009 to put the upgrade on hold, in practice the upgrade is proceedingand discussions regarding Israel’s participation in Community Programs and EU agencies havecontinued.Since the last Association Council meeting in June 2009, Israeli violations of international humanrights and humanitarian law in Israel and the Occupied Palestinian Territory (OPT) have continued.More than one year after Operation Cast Lead,Israel has failed to conduct investigations inconformity with international law as demanded in the report of the UN Fact-Finding Missionon the Gaza Conflict (the Goldstone Mission) and endorsed by the UN General Assembly,the EU and the European Parliament.As reported by various Israeli, Palestinian andinternational NGOs, the Israeli investigations are conducted by the military. Many aspects of thesemilitary investigations are carried out in the form of so-called operational debriefings. Theseoperational debriefings are conducted for the purposes of evaluating lessons learned for themilitary itself, and not to investigate the possibility of criminal behavior. Further, Israeliinvestigations as a whole look only into violations resulting from deviations from orders; they do notexamine the legality of the orders themselves. However, most of the harm to civilians, property andcivilian buildings during Operation Cast Lead was a result of policies determined at the seniorgovernment and army levels, with the approval of the Military Advocate-General.Meanwhile, theblockade imposed by Israel on the Gaza Strip since June 2007 has not beenlifted as requested by the EU, significantly contributing to its de-development.Vital andbasic commodities such as fuel, educational supplies, construction materials, spare parts andcash, are routinely denied entry into the territory. Reconstruction and rehabilitation efforts to whichthe EU and EU member states have pledged support after Israel’s devastating military offensive onthe Gaza Strip between December 2008 and January 2009 are blocked. While humanitarian aid ismostly allowed to enter Gaza, Israel has denied most of the reconstruction materials from reachingthe Strip, with only 41 truckloads of construction materials permitted into Gaza by the Israeliauthorities since Operation Cast Lead. Poverty and unemployment levels have reached

unprecedented levels, with 80% of families living on a dollar a day and employment rates reaching40-45%.The EMHRN and FIDH are also concerned regarding therecent attempts of the Israeligovernment to de-legitimise and restrict the freedom of association and expressionof Israelihuman rights organisations. Under the pretext of increasing transparency of foreign funding ofNGOs, the government backed “Billfor the Duty of Disclosure for Someone Supported by aForeign Political Entity”,if adopted, will severely restrict the work and funding of Israeli humanrights organisations. It stipulates that any organisation “seeking to influence public opinion inIsrael”, should be deemed a “political organisation” rather than one serving a charitable purpose.Such organisations will be required to register with the Political Party Registrar, and lose tax-exempt status. Furthermore, the bill requires any spokesperson of such an organisation to declarein all public appearances that they represent an organisation that receives funding from a “foreignpolitical entity”. Non-compliance with the bill will result in fines or imprisonment.Once again, the EMHRN and FIDH reminds the EU that “business as usual” approachtowards Israel amounts to disregarding Israeli policies in the OPT and Israel, signalling EUacquiesce in or non-objection to Israel’s conduct. At the upcoming Association Council, theEU should therefore publicly declare that the upgrading of EU-Israel relations continues tobe on hold, pending tangible progress in Israel’s respect for human rights and internationalhumanitarian law (IHL) in the OPT and inside Israel.The EU should urge Israel during the meeting to implement the recommendations of theGoldstone Mission,including the immediate and full opening of crossings for humanitarian andcommercial goods and movement of people to and from the Gaza Strip and the holding ofdomestic investigations into the alleged violations of international law. These investigations mustbe independent, credible and in conformity with international standards. The EU has committeditself to “following closely” the domestic investigations by Israel and the Palestinians. TheEuropean Parliament, in its resolution dated 10 March 2010, called upon the EU to publiclydemand the implementation of the recommendations of the UN Fact Finding Mission, as well asaccountability for all violations of international law. The European Parliament also called for theinclusion of the Goldstone recommendations and related observations in the EU’s bilateraldialogue with Israel. The European Parliament also stressed that ”the responsibility and credibilityof the EU and its Member States requires them to fully monitor the investigations”.At the upcoming Association Council meeting, the EMHRN and FIDH also call on the EU to urgethe Israeli government towithdraw its support for the “foreign funding” billand refrain fromintroducing any law under which independent human rights organisations would be redefined as“political” and/or jeopardising their foreign funding and support.