On 19 November 2001, JCSER sent the following letter to the Ministers of Foreign Affairs of the European Union countries. The aim of the letter is to focus attention on the problems that Palestinians face because of the closure and checkpoints in and around Jerusalem and to ask the EU countries to take effective measures during the coming Israel - EU Association meeting and the meeting of the High Contracting Parties of the Fourth Geneva Convention to oblige Israel to respect human rights.

Dear Minister of Foreign Affairs,

Last week, Israeli authorities said they were easing the closure imposed on the Occupied Territories and East Jerusalem marking the for Muslims holy month of Ramadan. However, human rights observers, including the Jerusalem Center for Social & Economic Rights cannot affirm this.

Israeli Foreign Minister Shimon Peres told the General Assembly of the United Nations in New York that Israel does not want to rule the Palestinians. The reality, however, is different.

Palestinians in Jerusalem are specifically affected by the Israeli imposed closure. The Jerusalem Center for Social and Economic Rights has taken the initiative to submit a petition to the Israeli High Court of Justice to remove the checkpoints around Jerusalem. On November 11, 2001, the Jerusalem Center for Social and Economic Rights sent a letter to Israeli Defense Minister Benjamin Ben-Elizer requesting the removal of checkpoints in and around Jerusalem, in particular, those in Beit Hanina, Ras al-Amud and Qalandia. The letter was sent on behalf of more than 500 residents of these neighborhoods.

Checkpoints in Jerusalem are guarded by the Israeli Border Police. They decide who, when and how long one has to wait before one is allowed to pass. These checkpoints have a direct and negative effect on the daily life of thousands of residents who have to pass through these checkpoints daily.

The Israeli imposed closure on Occupied East Jerusalem has a devastating impact on all aspects of Palestinian life in Jerusalem as it isolates the city from the other parts of the Occupied Palestinian Territories. The closure has halted the economy in East Jerusalem, which used to be an important source for surrounding villages and towns. Apart from the economic impact, the closure has also negatively affected social, political, religious and cultural life in Jerusalem. The closure restrains Muslims and Christians from reaching religious sites in Jerusalem and prohibits residents from other parts of the Occupied Palestinian Territories to visit their relatives in Jerusalem and makes it for them virtual impossible to make use of Palestinian health care services in Jerusalem.

Israel's policy of closure is a deliberate act of state that discriminates against Palestinians and regressively impacts their enjoyment of the full range of economic and social rights. Israel's policy of closure is a violation of the freedom of movement (UDHR art. 9 and 13; ICCPR, art. 12) and violates the Covenant on Economic, Social and Cultural Rights to which Israel is a State Party. Israel's policy of closure negatively impacts the right to work (art. 6 and 7), education (art. 13) and health (art. 12).

Moreover, the imposition of closure represents serious violations to rules of international humanitarian law, specifically, article 50 of the Hague Convention (1907) and Article 33 of the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War (1949), which prohibit the use of collective punishment against civilians. Furthermore, these illegal practices result in the breakdown of the social and economic fabric of Occupied East Jerusalem. Israel's actions stand in direct contradiction to the legal duties of an Occupying Power as set forth in customary international law. According to Article 33 of the Hague Regulations Addendum to the Hague Convention of 1907, Israel, as an Occupying Power, is under a legal obligation to maintain normal life in the territory it occupies.

The Jerusalem Center for Social & Economic Rights urges you to demand from Israel to lift the closure imposed on Occupied East Jerusalem and requests you to oblige Israel to respect international conventions, in particular, those related to social and economic rights, and comply with international humanitarian law.

On November 20, 2001, the annual Israel-EU Association meeting is set to discuss the Association Agreement. This provides you with an opportunity to enforce effective measures, under article 2 of the Association Agreement, which provides that Israel must respect human rights.

On December 5, 2001, the High Contracting Parties of the Fourth Geneva Convention will be held in Geneva. This meeting is an essential step in ensuring the implementation of the Convention in the Occupied Palestinian Territories, including Jerusalem. The Jerusalem Center for Social & Economic Rights demands that the outcome of this meeting be a plan of action, consisting of practical measures, to be implemented with immediate effect to ensure Israel's respect of the Fourth Geneva Convention.

Yours sincerely,


Ziad Hammouri
Director Jerusalem Center for Social and Economic Rights

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