Israeli practices.

Israeli Practices

The Committee considered several reports regarding the work of the Special Committee to Investigate Israeli Practices affecting the Human Rights of the Population of the Occupied Territories. The body was established by the General Assembly in 1968. Its mandate has been renewed annually.

The main report (document A/38/409) reviewed was that of the Special Committee itself, whose members are from Sri Lanka, Senegal and Yugoslavia. Covering the period 27 August 1982 to 19 August 1983, it contains information on annexation and settlements, treatment of civilians and detainees, judicial remedies sought by the civilian population, and measures affecting freedom of education and activities of Israeli settlers, as well as a series of conclusions and a map showing Israeli settlements established, planned or under construction in the territories occupied in June 1967.

The report draws attention to what it terms the general policy of the Government of Israel as reflected in a statement made by the Israeli Minister of Foreign Affairs in March, which specified that the occupied territories were part of "Yeretz Israel' and in that sense their annexation was not necessary since they formed part of the Israeli "homeland'. In the view of the Special Committee, such statements "confirm that the Government of Israel continues to follow a policy aimed at the annexation of these territories in violation of its obligations under the Fourth Geneva Convention'.

The imposition of "civil administration' had caused serious problems of maintenance of public order and it would be desirable to restore a military government, the Special Committee reports. It cites some 140 incidents "indicating that hardly a day goes by in the occupied territories without some incident involving violence being reported'. The dissolution of properly elected municipal councils in the principal towns of the West Bank and their replacement by military governors had further complicated life for the civilian population. The Special Committee notes a distinct tendency in measures taken by the occupation authorities to put pressure on Arab civilians to leave their homes and emigrate, parallel to a policy of expulsion on other pretexts.

Regarding the activities of Israeli settlers, the Special Committee report states that in the period covered there had been "unprecedented violence and acts of aggression by Israeli settlers to the detriment of the civilians in the occupied territories; while the former go unpunished, the latter are the subject of severe measures of reprisal if they attempt to react in any way to the acts perpetrated against them'.

The Special Committee points out that the Karp Report, dealing with the acts of violence of Israeli settlers and their impunity, was illustrative of the problem. Mrs. Yehudit Karp, Deputy-Attorney General of Israel, resigned from her post as Chairman of a committee of the Israeli Ministry of Justice established to investigate "anti-Arab vigilantism' by the Jewish settlers in the West Bank. The reason for her resignation was reported to be the absence of any action on the recommendations made by her committee.

Regarding the Israeli settlement policy, the Special Committee report states that "plans continue to be announced of the establishment of more and more settlements; reports continue to be received of expropriation of property for a variety of reasons. The net result is the continuation of the consolidation of the Israeli presence in the occupied territories to the detriment of the civilian population'.

The Special Committee's report also states that there is a "marked double standard of justice' in the occupied territories, "one aimed at the civilian Arab population characterized by its harshness and arbitrariness, and another aimed at the Israeli settlers characterized by connivance and permissiveness'. Recourse to judicial remedies by the civilian population, the report states, "has not provided any firm or long lasting safeguard of the interests of the civilian population. The judicial authorities appear to be completely subjected to the discretion vested in the military occupation authorities.'

In another report before the Special Political Committee (document A/38/262), the Secretary-General gives details of correspondence with the Government of Israel regarding what the Assembly, by resolution 37/88 D, termed "the illegal measures taken by the Israeli military occupation authorities in expelling and imprisoning the Mayors of Hebron and Halhul'.

On 24 May 1983, the Secretary-General reports, Israel drew attention to the fact that "the former Mayors of Hebron and Halhul and the former Qadi of Hebron have never recanted their statements and actions and have never committed themselves to desist from inciting anti-Israel hatred'.

The Committee also had before it the report of the Secretary-General (document A/38/481) concerning administrative and legislative measures and actions taken by the Government of Israel in the occupied Syrian Golan Heights. The report gives the response of Israel and other States to the call by the General Assembly that Member States should not recognize those measures. Israel said its position was set out in a letter to the Secretary-General of 29 December 1981 (S/14821).

In that letter, Israel said it was "preposterous' that a State should be permitted to unleash repeated acts of aggression with the aim of conquering and even destroying a neighbouring country and then, having been repulsed, should be permitted to invoke international law "in a selective and distorted manner' and to find fault with legislation that sought to normalize the situation in the area, in the absence of peace or negotiations aimed at peace. Israel could not wait for Syria to begin to show political will to make peace and agree on secure boundaries. The Israeli legislation in question "does not in the slightest manner' diminish the rights of the local population.

Another report (document A/38/ 483) deals with Israeli compliance with the provisions of the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of War, which applied to the Palestinian and other Arab territories occupied by Israel since 1967, including Jerusalem. The Assembly in 1982 (resolution 37/88F) asked Israel to rescind all actions and measures against all educational institutions, ensure the freedom of those institutions and refrain forthwith from hindering the effective operation of the universities and other educational institutions.

The Assembly also condemned Israeli policies and practices against Palestinian students and faculties, especially "the policy of opening fire on defenceless students, causing many casualties'. It condemned the systematic Israeli campaign of repression against and closing of universities in the occupied Palestinian territories, restricting and impeding academic activities of Palestinian universities by subjecting the selection of courses, textbooks and educational programmes, admission of students and appointment of faculty members to the control and supervision of the military occupation authorities.

On 27 September 1983, the Secretary-General reports, Israel replied that it "utterly rejects the accusations levelled against it' in resolution 37/88F "with regard to the situation in the educational institutionsin Judea, Samaria and the Gaza District.'

The school system in the area, Israel said, was staffed by several thousand local Arab teachers, inspectors and administrative personnel. Currently, it had 12 Israelis and 8,533 local employees. Also, while the population in those areas increased by 20 per cent between 1967 and 1983, governmental, UNRWA and private educational networks had increased by 90 per cent and the number of classes by 88 per cent.

Israel said since June 1967--when there were no higher education institutions in Judea and Samaria--it had established four universities, as well as other colleges and teacher training schools.

Israel further stated that academic activity on the university campuses and other institutions "is conducted without interference by the Israel administration'. The curricula and other educational programmes were those of the Jordanian and Egyptian educational authorities. Academic freedom, however, "does not license the disruption of public order by incitement, threats or violence. When security is, or is likely to be, endangered by virulent demonstrations . . . authorities are obliged by international law to restore and maintain public order and safety', Israel stated.

In a report on assassination attempts against the Mayors of Nablus, Ramallah and Al Bireh (document A/38/484), the Secretary-General said the Assembly in 1982 (resolution 37/88G) demanded Israel inform him of the results of investigations relevant to those assassination attempts and asked for a report in 1983. Mr. Perez de Cuellar reported he had on 10 March 1983 addressed a note verbale to Israel requesting it to transmit any relevant information.

Israel, on 27 September 1983, referred to its 3 December 1982 statement in the Special Political Committee, in which it said that every effort was being made to arrest those responsible for the assassination attempts. The fact that the culprits were still at large could not prejudge the outcome. Whoever the culprits were, Israel had condemned them strongly. There was no justification for singling out the crime referred to in the resolution.

Photo: School in a canvas tent is part of daily life.