The Palestinian labors Inside the Green line, in the face of death
Position paper emanating from Lawyers For Justice Based on the declaration of a state of emergency in the occupying Power(Israel), especially after the increase in the number of cases of Corona Kovid virus (19), the Palestinian workers found themselves obliged to choose between staying at home for their safety or keep their living. Thousands of the Palestinian labor have been asked by the Palestinian prime minister to arrange their priorities within a maximum of three days before preventing the movement between the Palestinian territories and Israel, and owing to their economic conditions they choose to work . The forced movement of the labors it has an impact on them health, dignity and to them labor rights. According to these remarkable issues Lawyers for Justice decide to highlight the framework of Israelis laws and the international references. The geographic move of labors from Palestine to Israel applies to the articles of The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families which should be implemented in parallel with other international references, including the basic United Nations human rights instruments, such as the Universal Declaration of Human Rights, the International Covenants – the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and political Rights – and the Convention on the Elimination of All Forms of Racial Discrimination; Conclusion of the Fourth Geneva Convention on the Protection of civilian Persons; These international references have given migrant workers from one region to another rights based on equality between them and what governments in these regions harness to their workers and it’s also recommend to take several prevention procedures especially during emergency cases such as epidemiological. Under the current situation of declaration of emergency in Israel the pillars of labor market it have an obligation to implement the international references recommendations, as they constitute the minimum rights. Here, lawyers for justice mention that the declaration of a state of emergency and the outbreak of the epidemic do not give employers any powers or justifications to prejudice the workers ’rights of the Palestinian worker, whether it concerns wages, working hours, vacations, personal safety controls, insurance, In the case that the situation imposes exceptional limits on these rights, the human dignity of workers must be preserved, and must take into account the guarantees contained in the body of the Fourth Geneva Convention on the Protection of Civilian – workers coming from an occupied territory – including take the necessary measures to preserve their physical and psychological needs arising from the direct and none direct effects to declare a state of emergency, whether by the regular authorities or individuals or groups of citizens of the occupying power, especially that the Palestinian workers will be forcibly resided in inappropriate living conditions that obliged the authorities of the state to tackle intervention procedures in particular the authority of the population and migration, the Ministry of Economy, Labor, and the Ministries of Health and Interior, to provide temporary living environment for decent where the human dignity of workers respected and safeguarded their rights. Scrutiny, we find that the Israeli labor law organized foreign employment, and gave them equal rights for their nationals, but successive Israeli authorities imposed a systematic living condition on the Palestinian worker that forced them to emigrate to work within the green line, with rights that are not consistent with those guaranteed by domestic legislation; as we mentioned above, the declare a state of emergency provides a fertile environment for employers to violate the rights of this category, bearing in mind that the Israeli Emergency Law of the year (2006) and its amendments gave the political and military leadership in Israel the authority to Adopt fair labor policies and procedures. However, the disparity of political power, especially in the context of the Palestinian-Israeli conflict left Thousands of Palestinian workers out of the benefits of these measures. It is important to mention that the International Labor Organization lunching a specialized study for examination, the impact of Corona Kovid virus (19) on the workforce and its rights which is stamped by adopting three labor policies to face the consequences and effects of this situation. Lawyers for Justice high recommend the Palestinian government to provide the families of the workers with the basic needs to enhance their sense of human security and dignity, and emphasizes that the violation of labor rights constitutes a violation that requires domestic and international civil and criminal prosecution Therefore, by paying attention to the international tools mentioned in these references, including the protocol for individual complaints, lawyers for justice team will provide representation and legal assistance services for each worker who violated his legitimate rights or lived in conditions that diminished his human dignity while he was at his workplace in the occupied interior, to prevent damage Has caught up with him, and we also appeal to all partners to intensify efforts to monitor and document what violations of this category may face.
December 2019 report, Lawyers for Justice
17 cases of political detention, and 5 of the detainees raise allegations of torture and miss-treatment A contribution from the “Lawyers for Justice” group in monitoring and documenting the Palestinian human rights situation, publishes this second monthly report of December 2019, on the cases it follows legally at the level of political and arbitrary detention and human rights.The following are the highlights of the group during the month of December 2019 (follow the details of the political arrests at the end of the report):• Lawyers for Justice continued to monitor 17 cases of detention in the West Bank in December 2019 for political or trade union activity, or against the background of freedom of opinion and expression.• 6 of the detainees during the month of December are still being held by the Palestinian security services.• Two political detainees are still being held by the security services; they were detained during the previous months, the first of February 2019, and the other in the month of November 2019. The total number of those who still in detention is 8.• 4 of the political detainees during the month of December are university students.• 5 of the political detainees raised allegations of torture and miss-treatment during their arrest and / or investigation.• 5 of the political prisoners were arrested illegally on behalf of the governors during this month, without presenting them to any judicial authority.• 4 of those arrested during previous months; they were released during the month of December, after legal follow-up from the group.• “Lawyers for Justice” obtained the acquittal of the released detainee A.A. from the charges attributed to him during the first session of the trial after the prosecution presented the investigative file without providing any other evidence, while the Public Prosecution decided to save the investigative file of the released detainee A.A., because there was no Any evidence linking him to the charge.• Lawyers for justice group have followed dozens of trial sessions in cases of political detainees or human rights defenders, current and former.• “Lawyers for Justice” attended the second session of the trial of the late Israa Gharib, as part of the legal supervision of fair trial guarantees, and issued a statement of its progress.• Lawyers for Justice issued a set of press releases and urgent appeals in various cases, and launched a legal and other educational campaign on the occasion of the International Day against Violence against Women, via social media.Notes and recommendations:• The group expresses its concern about the continuation of political arrests on the background of political, trade union and student activity in the West Bank and Gaza Strip, and calls for a halt to the pursuit of university students due to their union activities.• The acquittal cases obtained by a number of detainees during the previous months due to insufficient evidence, and keeping the files of other detainees for the same reason, demonstrate the use of criminal charges by the human rights community to pursue political activists, human rights defenders and prisoners of conscience, where charges such as “collection” are used. And receive money, ”“ possession of weapons, ”“ inciting sectarian strife, ”“ vilification of power, ”and others, to cover up the real reason for the arrest.• The group recommends that an investigation be opened into the allegations of torture and miss-treatment raised by a number of detainees, a number of which have been recorded in the public prosecution records, in compliance with Articles 10 and 13 of the Palestinian Basic Law, Articles 5 and 9 of the Universal Declaration of Human Rights, and Articles 1, 4 and 16 of the Convention against Torture And other cruel, inhuman or degrading treatment or punishment, which the State of Palestine has signed, and Articles 7, 9 and 10 of the International Covenant on Civil and Political Rights, to which the State of Palestine has acceded.• The group calls for stopping the detention of the governors, which is considered an administrative detention without a decision or judicial permission, as the Palestinian Basic Law affirmed in Article (11/2) that “it is not permissible to arrest, search, imprison or restrict his freedom with any restriction or prevent him from moving Except by a judicial order in accordance with the provisions of the law, ”and in compliance with Articles 8, 10 and 11 of the Universal Declaration of Human Rights, and in compliance with Articles 9/3 and 14/3 of the International Covenant on Civil and Political Rights to which the State of Palestine joined. Details of the political arrests that the group followed in 12/2019:1. Q.F resident of Tulkarm, a university student, was arrested by the General Intelligence Service on 4/12/2019, and he was transferred to the headquarters of the General Intelligence Service in Jericho, his family did not know about his place of detention until lawyers for justice issued an urgent appeal To find out the location of his arrest after five days, and he was arrested on the authority of the governor of Tulkarm, he raised allegations of torture and miss-treatment, where he told “Lawyers for Justice” that he tortured, and that his hands were tied and hung in the door, and he was released on 11/12/2019, knowing that he was arrested because of his union activities at the university.2. A.A a resident of the Nablus governorate, arrested by the Preventive Security Service on December 11, 2019. The prosecution charged him with defamation against the authority. He denied the charge before the prosecution and said that he was arrested because of his participation in receiving one of the freed prisoners in his town. “Lawyers for Justice” on a decision of the Magistrate’s Court to release him on 12/17/2019 with 200 dinars guarantee.3. A.T resident of Tulkarm, a former prisoner in the occupation prisons, arrested by the Preventive Security Service in Tulkarm on 12/14/2019, he was arrested on the authority of the governor of Tulkarm. “Lawyers for Justice” group lodged an appeal against his illegal arrest. The project is before the Supreme Court of Justice, and
Lawyers for Justice monthly report, November 2019
About Lawyers for Justice: The idea of a group of lawyers for justice was launched in Palestine in 2011, with the vision of a number of human rights lawyers, after the emergence of the need for a new independent legal body to defend the prisoners of conscience, in light of the widespread repression of the security services, which took place in peaceful demonstrations. Demands an end to the division; in 15/3/2019In 2018, the idea was transformed into the office of Lawyers for Justice, headquartered in Ramallah, to operate throughout the West Bank, with the participation of lawyers from all legal backgrounds, active in the field of human rights, and legally followed hundreds of political arrests, Issues of freedom of opinion and expression, and issues of journalists and human rights defenders. Contributions from the Lawyers for Justice group to monitor and document the Palestinian human rights situation. This monthly report is issued on cases that you follow on political, trade union, or freedom of opinion and expression, cases pursued through the courts, or urgent appeals on human rights cases. . The following are the highlights of the Group during November 2019: In November, Lawyers for Justice followed up on 17 arrests for political, trade union or freedom of expression arrests, 13 of whom were released and 4 continued. During November, four detainees raised allegations of torture and ill-treatment before the Public Prosecution. In November, 7 university students were arrested. The group appeared before the court and prosecutor, the arrested university student (MN), who has been detained since last February, while the release of (THH), who was arrested in October 2019. The group recorded one case of non-enforcement of court decisions to release one detainee during November.(HM) presented the day after his release to the Public Prosecution, which charged him with a new charge and suspended him accordingly, without applying the release order. The group recorded a six-day detention of a university student (MA) pending the governor of Tulkarm without being brought before any judicial authority. The lawyers and professors of the group followed nearly 25 court hearings in trade union cases, freedom of opinion and expression, political detention or human rights defenders; The group obtained the journalist’s innocence (MA) on 27/11/2019, in two cases; for insufficient evidence, he was arrested on 14/10/2019, and was charged in the first case with collecting and receiving funds from illegal associations, where he reported that those the money is his salary for his journalistic work, and in the second case was accused of possessing weapons where he denied the charges. Attorneys for Justice attended the first session of the trial of the late Esraa Gharib, as part of the legal supervision of fair trial guarantees, and issued a statement of its proceedings, calling on the group to continue to proceed with the proceedings in the open manner in which the first hearing took place. Lawyers for Justice expresses concern about allegations of torture and ill-treatment by a number of political detainees, and calls upon the Attorney General to investigate these allegations; in compliance with Palestinian law and international treaties and treaties signed by the State of Palestine, and sometimes rejects unusual measures; which not allow to have a copy of the clients’ files and not allowed the team members to visit their clients especially in the General Intelligence Service in Ramallah.Lawyers for Justice reports that it has issued 19 press releases and an urgent appeal in several of the cases detailed in this report below.* Recommendations at the end of the report. Details of the Group’s work and issues it followed during November 2019: Detention on political or trade union grounds or freedom of opinion and expression: 3/11/2019 University student (NN) resident of Ni’lin / Ramallah; arrested by the General Intelligence Service and presented to the Public Prosecution on 5/11/2019 on charges of collecting and receiving funds from illegal associations and extending his detention for 24 hours. On 6/11/2019, he was presented to the Ramallah Magistrate’s Court and his detention extended for 15 days. He was released before the expiry period. He was interrogated before the General Intelligence Service about his trade union activity, and the charge against him from the Public Prosecution was only The purpose of the extension of his arrest, “according to what was raised in front of the group’s lawyer,” and raised (ai) Allegations of torture and ill-treatment, as reported that the first day of his arrest at the General Intelligence hit the investigator on his face, and hit by a security man on his face. Arrested by the Preventive Security Agency (PA) in Nablus; he was brought before the prosecution and the court on 10/11/2019 and charged with collecting and receiving funds from illegal associations, and his detention was extended for 15 days. He was released from occupation prisons and was arrested more than once by the Palestinian security services in connection with his activities as a cartoonist. He was active during the prisoners’ hunger strike background of his political activity. 7/11/2019 Arrested university student (m.kh) resident of Sa’ir / Hebron; by the General Intelligence Service, the detainee was charged with collecting and receiving money from illegal associations and obtained a release order on 14/11/2019 on bail, but The decision was not implemented, and was again presented to the Public Prosecution for another charge of possession of weapons. He is still detained on this charge. He told the group’s lawyer that his interrogation was due to his political activism inside the university. 12/11/2019 Al-Bireh university student (NT) was arrested by the General Intelligence Service and released after hours of interrogation. After his release, he told the group’s lawyer that his interrogation was about the suspicion that he and his family were political activists in Ramallah City. 12/11/2019 a university student (AH) resident of Ramallah; was arrested by the General Intelligence Service, he was released after hours of investigation, after his release he talked to the group’s lawyer that his interrogation was about suspicion of political activity. 15/11/2019 The arrest of