September 14, 2006

On Friday, September 8, a large band of police and Shin Bet security forces stormed the Majd al-Krum office of the Arab human rights NGO, Prisoners Association (Ansar Al-Sajeen) at 1:30am and the home of the Chairperson of the Association, Munir Mansour. The security officials and police took from the office telephones, computers, photocopying machines, and gifts received from prisoners. In addition, Mr Mansour's home was searched and his mobile confiscated.

This security raid came following an order signed by Amir Peretz, Israel's Defense Minister, to close the organisation by Administrative Order and to confiscate all properties belonging to the Association for the Israeli government, declaring this Arab NGO to be illegal.

Prisoners Association is a human rights NGO that works to provide financial and legal assistance to Palestinian citizens of Israel that are political prisoners and to advocate for their rights. The Association also works with prisoners' families in need.

This action by the Israeli government is a gross violation of the UN's Declaration on Human Rights Defenders (1998), the European Union Guidelines on Human Rights Defenders (2004), and Article 2 of the EU-Israel Association Agreement and the EU-Israel Action Plan. This action is in violation of not only these agreements but also the principle of Israel's duty by international law to protect and promote human rights within the State.

The UN's Declaration on Human Rights Defenders (1998) Article 5 states,
"For the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels:
(a) To meet or assemble peacefully;
(b) To form, join and participate in non-governmental organizations, associations or groups;
(c) To communicate with non-governmental or intergovernmental organizations".
 
European Union policy as regards human rights defenders (HRDs) was outlined in Ensuring Protection: European Union Guidelines on Human Rights Defenders (2004). These Guidelines recognise the role of HRDs and support the principles contained in the UN Declaration on Human Rights Defenders; they also aim to effectively promote and protect HRDs in third countries within the context of the Common Foreign and Security Policy. Indeed, the Guidelines also provide for interventions by the EU for HRDs at risk.

Article 2 of the EU-Israel Association Agreement states, Relations between the Parties, as well as all the provisions of the Agreement itself shall be based on respect for human rights and democratic principles which guide their domestic and international policies and constitute an essential element of the Agreement.

Furthermore, the EU-Israel Action Plan places as a priority the enhancement of 'political dialogue and cooperation, based on shared values, including issues such as…promoting the protection of human rights'.

The media reported that the Prisoners Association received support from Hamas and channeled this money to militants and hence the issuance of the order. Signed by Defense Minister Peretz, the order called for closing down the Association and confiscating all its properties in accordance with Article 84-2B of the Defense (Emergency) Regulations(1945), which are emergency regulations that have been in place since the British Mandate. The issuance of such an order is indicative of the State's inability to produce enough evidence to follow regular judicial procedures. Instead, they resort to an emergency order without due process.

The State's entire protocol in this matter should be put into question because these Defense (Emergency) Regulations came into place before the creation of the State of Israel while the right of association, the right of organisation and freedom of opinion are all violated.

The HRA believes that because the order does not publish reasons for the raid, confiscation and shutting down of the Association, and because they used this Defense Regulation, which in 1951 was decided by the Knesset to be in opposition to the basic principles of democracy (but never abolished), that from here on a just and fair trial cannot be ensured.

This move by the State of Israel has intensified the degree of violations of the rights of Arab NGOs and against the Palestinian Arab community in general. We firmly believe that the international community is obliged to act urgently on this matter to take immediate steps to ensure that this human rights NGO continues in its important work, and to guarantee the right of Palestinian citizens to organise.

We particularly call on the UN's Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression and the UN's Special Representative of the Secretary General on Human Rights Defenders to act. In addition, we urgently call on the European Union to take real action by implementing the relevant agreements it has signed with Israel (EU-Israel Action Plan, Association Agreement) to stress the meaningfulness of such documents – that they are not solely for show but to be implemented when the situation demands.

14/9/2006