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Internal and External Obstacles
Preventing Development in the Field of Human Rights

 

 

By Mr. Bassem Eid

Human Rights organisations' fight to protect and promote Palestinian's human rights has always faced many obstacles. Since the coming of the PNA in 1993, these obstacles have increased in number.

Under Israeli occupation since 1967 (and during the 1980s in particular), the Palestinian human rights movement has flourished. Its progress continued during the Palestinian Uprising (1988-1991) and up to he signing of the Oslo Agreement in September 1993. This flourishing may be explained by two principal factors:

  1. Human rights organizations have received extensive financial support from international funders. This has enabled a steady increase in the monitoring of human rights violations.

  2. Most human workers are affiliated to political parties. Consequently, these workers consider their work a national duty that will help rid Palestinians of the Occupation and will, without discrimination, protect and promote Palestinian rights. Political support provided workers with the strength and courage needed to face the challenges of recording violations by the Occupation.

Since the coming of the PNA, these human rights organisations - not all of whom have turned their attention to the PNA - have, as a collective force, become weaker. This may be explained thorough internal and external reasons:

Internal reasons

  1. The PNA believes that human rights organization' criticism damages the reputation of the PNA and serves Israeli interest. Human rights work has thus turned into a confrontation between the PNA and the alestinian human rights movement. For this reason, the PNA started detaining human rights activists in order to mute the voices criticising the PNA. Such measures undoubtedly led to a reduction in the criticism of the PNA.

  2. The Law of Charitable and Non­government Organizations which the PNA tried to pass through the PLC dealt unfairly with those organizations and their employees. In this law, the PNA attempted to impose control over the work of these organizations so as to weaken the human rights movement.

  3. The PNA attempted to establish new human rights organizations with a view to replacing the old effective once that had been critical of PNA violations. The new powerful organizations supported by the authority began criticising genuine human rights organisations that were working efficiently in order to establish a democratic civil society. The situation resulted in the undermining of actual work in the field.

  4. The failure of the PNA and human rights organizations to establish communi­cation channels between each other led to deterioration in relations. Neither party attempted to find a way out of the ensuing vicious circle. This deterioration might have been caused by the PNA's failure to recognise the important role played by such organisations.

  5. One of the most problematic internal factors is the indefensible competition existing between various human rights organizations. This phenomenon is increasing so rapidly, that it jeopardises the very future of the human rights movement in this country. Not only is there a lack of co-operation between these organisations: they also exchange antagonistic language in public. As a result of this, the output of the organizations has deteriorated and it has become obvious that if the situation continues, these organisations will not achieve their vital objectives. In addition, because of this compettion, the Palestinian community (whose interests these organisations are supposed to be protecting) is losing confidence in these organisations.

  6. In spite of the numerous projects and schemes receiving sponsorship from international funds, human rights organisations have failed to educate and enlighten the local community on this fact. This problem is related to the lack of education and culture which needs more development in order to enable the ordinary citizen to comprehend the concept of human rights. In the context of increasing violence between members of the Palestinian community, such education has becomes all the more crucial.

  7. The conservative sector in society does not help to improve the state of human rights. Some religious people in society believe that the concept of human rights is a western principle that contradicts Islamic teaching and that aims, so they claim, to lead the community towards evil. This idea limits the chance for progress in this field. An example of this is the case of the two Abu-Sultan brothers from Gazaa who received capital sentences on 30 August 1998. This judgement received great approval as people believed that "a killer must be killed", a rule contained in the teachings of Islam. Such an attitude represents a major obstacle to the advancement of human rights.

  8. The lack of legislation regulating governmental institutions and individuals' rights has become an obstacle threatening the existence of human rights. The seriousness of this, legal lacuna is reinforced by the fact that the PNA does not yet represent a State, meaning that it has been unable to sign and ratify international human rights conventions. (It should however be stressed that the PNA has already committed itself, through public statements, to respect international human rights principles and standards.)

External reasons

  1. The political pressure exerted by Israel and the United States on the PNA has encouraged, and at times obliged, the PA to violate human rights. These violations have been necessary in order to satisfy the interests of the opposing side, which has demanded increased security measures for the purpose of protecting Israelis. It is worth mentioning that when President Arafat decided to establish the State Security Court in April 1995 by Presidential decree. Israel and the United States not only gave their blessing to its establishment but also supported the illegal way in which it has functioned since 1995. The external interference in Palestinian internal matters creates many problems for the Palestinians and reflects the lack of Israeli and American concern for the development of Palestinian civil society. Specific example of this include the harsh treatment by the PNA of the Palestinian policital opposition movement.

  2. It is dangerous and harmful that most human rights organizations depend a great deal on the external funding. In particular, if such organisations have failed to find internal sponsors for their projects. the drying up. for whatever reason, of external support endangers their very existence. In general, Palestinian NGO's have not attempted to receive support from local businessmen and establishments, nor have they attempted to collect contributions from the local community for their noble purposes. By isolating themselves from the local community, the way in which human rights organizations are funded has become an issue giving rise to suspicion.

  3. External funders appear to have their own set or priorities. By supporting the building of Palestinian civil society, they indirectly aim to reinforce Israel's security. They achieve this by openingjoint Israeli­Palestinian projects, by securing millions of US dollars for such projects and by encouraging scholars and researchers from both sides to participate in these projects. In many cases there is no monitoring in order to establish whether the objectives of these projects are actually fulfilled.

  4. This unmonitored external funding has encouraged the founding of more and more human rights organisations. This non-unifying multiplication, of organisations has led to a doubling of efforts (duplication of work, etc.) which has weakened the functioning of human rights organisations, Instead of being united, competition has been created and this has made it even more difficult for the human rights movements to help the people.

Recommendations and suggestions to develop the effectiveness of human rights work

  1. A commitment by the PNA to implement principles of customary, international human rights law and international human rights conventions.

  2. The securing of funding from Arab sources in order to increase the chance for continued human rights activity. This would be an alternative to submitting to conditions imposed by some foreign donors who function on the basis of political, rather than humanitarian, motives. By doing this, Arab support could replace questionable foreign funding.

  3. The creations of certain mechanisms that would put pressure on human rights organisations to engage in healthy co-operation between each other. Donors should make this a basic and specific precondition for the provision of funding and support to human rights organisations.

  4. The establishment, by human rights NGO's of a monitoring mechanism in order to observe and regulate the way in which these NGO's deal with each other and with their community. It appears that at present some of these NGO's like the PNA, appear to be a one-man show. Human rights NGO's should reflect the notions of democracy and civility in their functioning and should be models for others to follow.

  5. The undertaking of the training projects by all existing human rights organizations in order to develop and improve their performance and in order to acknowledge the distinguished and important role that they play in building a civil democratic society. Such a program should include meetings, seminars, workshops and ongoing educational course in this field that would help these organisations to improve their planning and execution of their crucial work.

 

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Author : Mr. Bassem Muhammad Eid, a nonviolent activist, is the Executive Director of the Palestinian Human Rights Monitoring Group ( PHRMG) based in East Jerusalem

Article Source : Anuvibha Reporter ( Special Issue : Dec. 2000 )
Ahimsa, Peacemaking, Conflict Prevention and Management Proceedings and Presentations
Fourth International Conference on Peace and Nonviolent Action ( IV ICPNA )
New Delhi : Nov. 10-14, 1999

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