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File:BorderPolicePalestinianWomen.jpg
Border police officers prevent Palestinian women from crossing the road in a-Ram, Ramallah District. Source: B'Tselem.

The restriction of the movement of Israelis and Palestinians in Israel and the West Bank by Israel and the Palestinian National Authority is one issue in the Israel-Palestinian conflict. The varying Israeli restrictions were put into place since 1987 and the First Intifada due to Palestinian political violence. Prior to that, Palestinians enjoyed free travel throughout Israel. In the mid-1990s, with the implementation of the Oslo Accords and the division of the West Bank and the Gaza Strip into three separate administrative divisions, Israeli freedom of movement was limited by law. Israel says that the regime of restrictions is necessary to protect Israelis living in Israel proper and the Israeli settlements.

Israel enforces restrictions on Palestinians’ and Israelis' freedom of movement in the West Bank by employing a system of permanent, temporary and random manned checkpoints, the West Bank Barrier and by forbidding the usage of roads by Palestinians and Israelis. A 2007 World Bank report concluded that the West Bank "is experiencing severe and expanding restrictions on movement and access, high levels of unpredictability and a struggling economy." Unmanned physical obstructions to block roads and paths might include dirt piles, concrete blocks, large stones, barriers, ditches, and metal gates. The physical obstructions might be altered often, on the basis of political and security circumstances.

History

Subsequent to the 1967 Six-Day War, Israel's military proclaimed the West Bank and Gaza Strip to be closed military areas.

In 1972, orders were issued allowing residents of the West Bank to freely leave, to enter Israel and East Jerusalem, and travel between the Gaza Strip and the West Bank. However, inhabitants of the West Bank were not permitted to be in Israel or East Jerusalem between 1.00 and 5.00 a.m.

In September 2000, the Second Intifada began in response to Ariel Sharon visiting the Al-Aqsa Mosque. This intifada triggered Israeli closures and restrictions on Palestinian movement. In 2005, Israelis of the Gush Katif Israeli settlements were evacuated as part of Israel's unilateral disengagement plan and it became illegal for Israelis to enter. The Gaza Strip has been blockaded since 2007, restricting the movement of inhabitants into Israel and to other parts of the Palestinian territories on a case by case basis.

Both the 1994 Oslo Accords and the 2003 Road Map for Peace were based on the principle that Palestinian economic and social life would be unimpeded by movement restrictions. Though the Administrative divisions of the Oslo Accords restricted Israeli access to many areas, it was supposed to allow free access to others, including religious sites specified.

Legality of restrictions

The right to freedom of movement within states is recognized in article 13 of the Universal Declaration of Human Rights, adopted by the United Nations General Assembly in 1948.

Criticism

B'Tselem has argued that the consequences of the restrictions on the economic status Palestinian population have been so severe that they breach the rights guaranteed by the International Covenant on Economic, Social and Cultural Rights -- in particular, the right to a livelihood, the right to an acceptable standard of living, the right to satisfactory nutrition, clothing, and housing, and the right to attain the best standard of physical and mental health.

B'Tselem also argues that the restrictions on ill, wounded and pregnant Palestinians seeking acute medical care is in contravention of international law that states that medical professionals and the sick must be granted open passage.

Checkpoints

Main article: Israel Defense Forces checkpoint

As of 31 August 2009, according to B'Tselem, the Israeli army had 60 permanent checkpoints inside the West Bank, 18 of them in the city of Hebron. According to B'Tselem, 28 are regularly staffed - some around the clock, some only during the day, and some only a few hours a day. According to B'Tselem, permanent checkpoints form the most severe restriction on movement of Palestinians, who are subjected to checks that often cause prolonged delays and at some checkpoints, soldiers ban every Palestinian from going through except those who carry special permits.

The army announced in 2007 that it would lift the restrictions on Palestinians entering the Jordan Valley. However in practice, according to B'Tselem, by August 2009 there were still checkpoints restricting entry into the valley and requiring special permits.

Many checkpoints only allow the passage of Palestinians who meet certain gender and age-based criteria. Figures from the UN Office for the Coordination of Humanitarian Affairs (OCHA), state that there has been an average of 65 random checkpoints in the West Bank each week between September 2008 and the end of March 2009.

There are 63 gates in the West Bank barrier, of which half are available for Palestinian use, however Palestinians are required to have a permit to cross. Some of the gates for Palestinians are open for a few hours each day, others are manned 24 hours a day.

Forbidden roads

Main article: Route 443 (Israel)
File:Dsp boulders blocking Palestinian road.jpg
Stones placed by the IDF to block access for Palestinian vehicles to the road leading to the Tekoa settlement. Source: B'Tselem.

Splitting of the West Bank

According to B'Tselem, the West Bank has been split into six distinct localities by Israel's restrictions - North, Center, South, the Jordan Valley, the northern Dead Sea, the enclaves created by the West Bank Barrier and East Jerusalem. Travelling between these regions is difficult and an exceptional occurrence, requiring a justification for officials, a great deal of time and sometimes substantial expense. According to a 2007 World Bank report entitled Movement and Access Restriction in the West Bank, "In the West Bank, closure is implemented through an agglomeration of policies, practices and physical impediments which have fragmented the territory into ever smaller and more disconnected cantons."

Closure of the West Bank

File:PalestiniansSarraCheckpoint.jpg
Palestinians stuck at the Sarra checkpoint after the IDF declares a full closure. Most of those trying to cross the checkpoint are students from A-Najah University in Nablus who are trying to return home to villages in the area. Source: B'Tselem.

During a closure, all travels permits issued to residents of the West Bank to travel over the Green Line are frozen, whether they are for purposes of work, trade or medical treatment. In 2006 there were 78 closure days. In 2005 there were 132. Such closures of the West Bank are common during Jewish religious holidays.

The West Bank Barrier and Seam Zone

The Israeli West Bank barrier is the single largest obstacle to Palestinian movement. The zone between the barrier and the Green Line is known as the Seam Zone.

Impact on medical care

Ill and wounded Palestinians who require acute medical care are placed at risk by Israeli restrictions on movement. The residents of villages and outlying regions require permits to travel to hospitals located in central regions. Obtaining the permits is difficult, requiring medical documents testifying to the illness as well as confirmation that the hospital is the only facility where the treatment is available and the time and date of the appointment.

According to B'Tselem, even if they have a valid permit, sick Palestinians must travel on long, winding, unmaintained roads and are often delayed for long periods at checkpoints. If they require medical care at night they must wait until checkpoints open during the day. Some Palestinian communities are prevented from using their cars or ambulances so that the sick must travel to the hospitals by foot. In 2007, B'Tselem documented five cases in which ill or wounded Palestinians died after being delayed at a checkpoint.

According to B'Tselem, Palestinian hospitals in the West Bank have difficulty functioning due to the delays on the arrival of doctors and staff as a result of the movement restrictions. This has prevented the development of medical expertise in the Palestinian health system as staff are prevented from acquiring in-service training and students are preventing from going to university.

Treatment of pregnant women

Obtaining medical treatment is particularly difficult for pregnant Palestinian women about to give birth, since the delivery date is largely unpredictable yet the permits given are only valid for one or two days. The women must therefore constantly renew their permits, and as a consequence mothers have often entered labor and given birth at checkpoints because they did not have up-to-date permits. In 2007, 5 such births occurred at Israeli checkpoints.

Economic Effects of Restrictions

According to B'Tselem, the restrictions on movement put in place by Israel since the Second Intifada are generally accepted as a major reason for the worsening of the Palestinian economy and as a reason for the increasing unemployment and poverty among Palestinians in the West Bank.

According to B'Tselem, tens of thousands of Palestinians lost employment in Israel as a direct result of the closure of the West Bank that Israel initiated at the start of the Second Intifada. Before the closure 110,000 Palestinians were employed in Israel and the settlements, which has been much reduced depending on the number of permits that Israel decides to issue to Palestinians.

According to B'Tselem, the checkpoints and restrictions with the West Bank make it difficult for Palestinians to commute to their places of employment and for goods to be transported to where they are needed. This has increased the costs of transportations and has thus led to lower profits for companies operating in the territories. According to B'Tselem, the restrictions have made trade between different sections of the West Bank inefficient, costly and erratic and this has split the West Bank economy into smaller localized markets. Agriculture and tourism are two sectors that have been greatly damaged by the movement restrictions.

According to B'Tselem, Palestinian importers and exporters have been particularly hard hit by the Israeli restrictions on commercial trade. Palestinian manufacturers that require the importation of raw materials have also faced hardship, and the Palestinian economy is highly dependent on foreign trade.

Gaza Blockade

Main article: Gaza Blockade

According to B'Tselem, the blockade of Gaza has harmed the Gaza economy and significantly impaired Palestinian trade between the West Bank and the Gaza Strip.

Opinions on the Israeli restriction of Palestinian movement

Praise

Criticism

Professor David Kretzmer, who teaches constitutional law and international law at the Hebrew University of Jerusalem and at the Ramat Gan Law School heavily criticized the closure of Route 443 to Palestinians in Haaretz.

See also

References

  1. ^ "Closure". B'Tselem. Retrieved 2010-03-29.
  2. ^ "OCHA Closure Update" (PDF). United Nations Office for the Coordination of Humanitarian Affairs. 2008-05. Retrieved 2010-03-29. {{cite web}}: Check date values in: |date= (help)
  3. "חל איסור מוחלט על אזרחים ישראלים להיכנס לשטחי A ללא היתר והכניסה לשטחי B מסוכנת". IDF Spokesperson's Unit. Retrieved 2010-03-31.
  4. ^ "Restrictions on Movement: Checkpoints, Physical Obstructions, and Forbidden Roads". B'Tselem. Retrieved 2010-03-29.
  5. ^ "Movement and Access Restrictions in the West Bank: Uncertainty and Inefficiency in the Palestinian Economy" (PDF). World Bank. 2007-05-09. Retrieved 2010-03-29.
  6. ^ "Restrictions on Movement: Effect of Restrictions on the Economy". B'Tselem. Retrieved 2010-03-29.
  7. ^ "Infringement of the Right to Medical Treatment". B'Tselem. Retrieved 2010-03-29.
  8. ^ "Restrictions on Movement: Information on checkpoints and roadblocks". B'Tselem. Retrieved 2010-03-29.
  9. ^ "Restrictions on Movement: Splitting the West Bank". B'Tselem. Retrieved 2010-03-29.
  10. ^ "Closure: Figures on comprehensive closure days". B'Tselem. Retrieved 2010-03-29.
  11. "IDF closes West Bank for Passover". Jewish Telegraphic Agency. 2010-03-28. Retrieved 2010-03-29.
  12. Kretzmer, David (2008-01-31). "Tyranny of Tar". Retrieved 2010-03-29.
  13. "Restrictions on Movement". B'Tselem. Retrieved 2010-03-29.
  14. "Restrictions on Movement: Route 443 – West Bank road for Israelis only". B'Tselem. Retrieved 2010-03-29.
  15. "Siege". B'Tselem. Retrieved 2010-03-29.
  16. "Curfew". B'Tselem. Retrieved 2010-03-29.
  17. "Restrictions on Movement: Alternative Roads for Palestinians". B'Tselem. Retrieved 2010-03-29.
  18. "WEST BANK MOVEMENT AND ACCESS UPDATE NOVEMBER 2009". United Nations Office for the Coordination of Humanitarian Affairs. 2009-11. Retrieved 2010-03-29. {{cite web}}: Check date values in: |date= (help)
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