Following the last
Israeli offensive on the Gaza Strip in November 2012, in accordance with the
ceasefire agreement between Hamas and Israel, in an online statement on 25
February 2013 the Israeli Coordinator of Government Activities in the
Territories (COGAT) declared that fishermen could access the sea up to six
nautical miles offshore, and that farmers could access lands in the border area
up to 100m from the border fence. However, both references have since been
removed from the statement.[1] Then, on 21 March 2013,
the Israeli forces’ spokesperson announced re-reducing the fishing area allowed
for Palestinian fishermen from 6 nautical miles to 3 nautical
miles.
PCHR’s field updates on
the buffer zone and the seawaters indicate that Israeli attacks in both the
areas have increased after the November ceasefire. PCHR’s documentation reveals
that post ceasefire Israeli forces killed 4 Palestinian civilians, injured another 65 ,
which include 17 children, and arrested 48 others, including 19 children, in the
buffer zone. Many Palestinian civilians were denied free and safe access to
their houses, property, and lands, which seriously violates their right to
work. Also in Gaza’s seawaters, PCHR documented that between 22 November 2012
to 28 February 2013, Israeli forces: engaged in 41 shooting incidents; injured 4
fishermen; arrested 42 fishermen in 11 incidents, damaged 8 fishing boats; and
confiscated other 8 fishing boats.
It should be noted that
since 1994 the Israeli forces have gradually reduced the fishing area in the
Gaza Strip's seawaters from 20 nautical miles (according to Oslo Accords) to 3
nautical miles in 2009. These restrictions form a part of the Israeli naval
blockade of the Gaza Strip, imposed through shootings, illegal arrests and
arbitrary detentions of fishermen, and damaging and confiscating the boats. The
fishing sector in Gaza is on the brink of collapse due to these restrictions and
the prohibition on exports. The number of fishermen has gradually reduced from
around 10,000 in 1999 to approximately 3,200 today. Despite the November
cease-fire agreement, which allowed the fishermen to sail and fish up to 6
nautical miles, the forces continued to attack fishermen even within the
previously imposed 3 nautical mile range.
The Israeli forces’
attacks on fishermen, who do not pose any security threat, constitute a
violation of the international humanitarian law and international human rights
law. The no-fishing area, which was imposed by arbitrary arrests and attacks is
a form of collective punishment prohibited under Article 33 of the 1949 Fourth
Geneva Convention. The right to just and favorable conditions of work is
guaranteed in Article 23 of the 1948 Universal Declaration of Human Rights and
Articles 6 and 7 of the 1966 International Covenant on Economic, Social and
Cultural Rights. Further, Article 11 of the 1966 International Covenant on Civil
and Political Rights recognizes "The right of everyone to an adequate standard
of living for himself and his family, including adequate food, clothing and
housing, and to the continuous improvement of living conditions."
PCHR
severely condemns the recent Israeli measures to deny safe access to land and
sea areas in the Gaza Strip, and:
Denounces
the policy of collective punishment imposed by the Israeli forces against
civilians in the Gaza Strip;
Calls
for a prompt intervention to pressurize Israel to put an end to the recent
measures; and to guarantee the free and safe access of civilians to their
houses, property, and lands and to allow fishermen to sail and fish freely in
the Gaza Strip's waters;
Calls
upon the international community, including the High Contracting Parties to the
fourth Geneva Convention, to fulfill their obligations and responsibilities by
taking immediate measures to ensure that international law is not violated by
Israeli forces against the Palestinian civilians, particularly fishermen and
farmers;
Calls
for discontinuing and non-repetition of the targeting of civilians, who are
entitled to protections under the international human rights law and
international humanitarian law, especially in the Gaza Strip's border area and
waters.
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