At the center of ACRI’s annual report on the state of human rights in Israel: The privatization of essential public services combined with hasty and detrimental legislation has severely exacerbated human rights violations in Israel.
This is concomitant to the ongoing violations of the rights of workers and the weaker sectors of society, the institutionalized discrimination of the Arab minority, and extensive violations of the full spectrum of rights of the Palestinian residents of the occupied territories.
ACRI published its annual report today on the state of human rights in Israel. At the center of this year`s report are: the severe and worsening violations of the right of Israeli citizens to a dignified existence; the worrying trends of legislation and the privatization of essential social services which impact directly on basic human rights; the egregious human rights violations perpetrated in the occupied territories; and the widespread racism and discrimination confronted by the Arab minority in Israel. The report also highlights the disproportionate steps taken by the authorities against opponents of the disengagement plan, in violation of freedom of political expression and the right to protest.
The following is a more detailed summary of the report:
The economic policy adopted by the government during the past year continued to violate human rights, primarily the right to a dignified existence. The report documents the severe impact on the aged, whose right to live their final years in dignity is uncontested, and of whom many are forced to forgo food and medicine because of their financial situation. Not only has the government privatized public companies, it has also moved on to privatizing public services in areas such as health, education, welfare, employment, and the prison system. This trend negates the basic rights of an individual, converting the individual from someone who is entitled to rights into a consumer who is at the mercy of market forces. In addition, the widespread violation of workers’ rights continues, with contracted workers and recipients of guaranteed income stipends being the most adversely affected by these violations. The phenomenon of the exploitation of migrant workers by their employers continues as the state works energetically against the exploited workers while doing nothing to bring exploitative employers to justice. The state compounds the violations faced by migrant workers slated for deportation by failing to resolve issues such as the lack of translation services during deportation or detention hearings, or the disregard of the detainee`s right to meet with an attorney.
The report presents examples of an ongoing trend of legislation and proposed legislation that grant state authorities sweeping powers to violate human rights, without adequately safeguarding due process. This growing disregard for human rights is part of a worrying global trend, in which draconian measures adopted in the name of the “war on terror” have compromised human rights. As the government progresses with the establishment of Israel`s first privately operated prison, there are rising concerns that the contractor`s profit motives will override the human rights of the inmates. Furthermore, the “disengagement” from the Gaza Strip put both the law enforcement authorities and the public at large to the test. Debates held in the public arena and in the media illustrated the difficulty of drawing a line between legitimate protest and rebellion, and between incitement to violence and breaching the law. In some instances the authorities took disproportionate steps that contravened the right to express a political opinion and to protest.
The past year also saw the Arab minority continue to confront discrimination in many fields of life. The inquiry of the Ministry of Justice`s Police Investigations Department (PID) into the events of October 2000 resulted in no charges being brought against those responsible. The report issued by the PID made clear that no lessons had been learnt and no attitudes have changed: instead of analyzing the events according to the normative framework appropriate for police officers dealing with civil disturbances within the boundaries of the state, the PID report analyzes the events as though they were conducted in the context of military operations in the occupied territories, and fails to impose any limitations on what constitutes legitimate police actions. Similar modes of action, such as the use of open fire as a scare tactic, were utilized once again during the dispersal of a demonstration of Bedouin citizens in the Negev. In addition, the law imposing a blanket ban on the granting of residency or citizenship status to Palestinian spouses of Israeli citizens remains in the law books, while being spuriously justified on the grounds of security needs. The Arab minority continues to suffer from severe discrimination in the allocation of land resources and housing rights. The Bedouin citizens residing in the unrecognized villages of the Negev have for many years suffered from severe discrimination and marginalization; during this past year, they were the victims of particularly harsh enforcement policies – aided by the amendment to the law that was enacted this year (the Public Land Law {Expulsion of Trespassers}) – including the demolition of houses and the destruction of crops. While the Bedouin are subject to great pressure to leave their place of residence without a viable alternative or adequate compensation, these same state authorities who are applying the pressure are allocating large plots of land to Jews only, and empowering the local Jewish municipal authorities with the authority to “guard the land” from its original occupants.
In the occupied territories we are increasingly seeing a cheapening of human life; there are growing restrictions on the freedom of movement of Palestinian residents in order to ensure the security of the Jewish settler population; the living space of the Palestinian residents is being severely curtailed; violations of the right to health, education, employment, family ties, and other rights have become an inescapable part of the Palestinians` daily reality. Furthermore, attacks perpetrated by Jewish settlers against Palestinian residents are encouraged by the lax attitude displayed by the law enforcement authorities. The separation barrier – part of which has already been constructed and part of which is still under construction – continues to have a disastrous impact on the Palestinians who live within its close proximity due to the route of the barrier which encroaches deeply into Palestinian land. Last summer the Knesset endorsed the amendment to the Civil Wrongs (Liability of the State) Law, which prevents Palestinians from seeking compensation from the State of Israel for damages inflicted by the Israeli security forces, even those inflicted outside the context of a military operation, and acts of violence, abuse and looting. The law is applied retroactively to all damages caused since the beginning of the present Intifada. The law relays a message that the lives and rights of the residents injured in the conflict area have no value, as the court provides them with no assistance, and the person who caused their injury will bear no responsibility. The law`s provisions contribute to a lack of military accountability in the occupied territories. They encourage the practice of not opening investigations, and of not bringing to trial those responsible for deaths and injuries caused by the negligent use of firearms or malice, physical abuse and torture, looting and the destruction of civilian property.
This year we saw impressive progress towards legislating for equality for people with disabilities, although this is juxtaposed with severe problems in the mental health system that resulted in violations against the rights of the mentally disabled. Progress was also made towards the recognition of same-sex couples, in the areas of property and family rights.
Again and again we are made aware of the extent to which Israeli society lacks a substantive understanding of the essence of democracy. The report stresses the important role to be played by the education system in developing a democratic culture that is committed to respecting the human rights of all individuals and groups in society.
Click here to read The full English version of the report.
Click here to read an article about the report that appeared in Ha`aretz.
last updated : 11/12/05
