The UN Declaration on Human Rights Defenders defines human rights defenders as individuals who play an important role in furthering the cause of human rights through activities such as the documentation of violations, providing support and assistance to victims seeking remedies, combating cultures of impunity and mainstreaming human rights culture and information on an international and domestic level.
Palestinians who organize and participate in protests and demonstrations against the Separation Wall and settlements are widely recognized as human rights defenders, due to their efforts to engage civil society in peaceful methods of resistance aimed at ending Israel’s violations of human rights and international law and its practices of land confiscation, house demolitions and movement restrictions on the Palestinian population. Israel has adopted a policy of arrest, detention, intimidation, threats and, at times, collective punishment against communities who take part in weekly demonstrations and other non-violent actions against the Wall and settlements. Leading Palestinian human rights activists, prominent figures, such as mayors and teachers, and members of the Popular Committees, who are instrumental in coordinating weekly protests and advocacy efforts including legal cases, are often personally targeted and arrested in an attempt to sideline them from organizing the protests, or to discredit them and their efforts. Local cameramen and photographers, as well as members of the press, are also targeted. In 2011, there were at least 295 documented cases of arrest of human rights defenders, 58 of whom were under the age of 18.
Some of the protestors and human rights defenders are prosecuted in the Israeli Military Courts under Military order 101 which was issued by the Israeli military commander in August 1967 and is still in effect in the occupied West Bank despite the Oslo Agreement and the beginning of the Peace Process. Military order 101 criminalizes many civic activities including: organizing and participating in protests; taking part in assemblies or vigils; waving flags and other political symbols; printing and distributing of political material. In addition, the order deems any acts of influencing public opinion as prohibited “political incitement”. Under the heading “support to a hostile organization”, the order further prohibits any activity that demonstrates sympathy for an organization deemed illegal under military orders, be it chanting slogans, waving a flag or other political symbols.
Despite the lack of evidence or independent witnesses, and the vague or empty basis of the charges levied against human rights defenders, the vast majority of activists will be found guilty of committing a “security offense” and sentenced to a term of imprisonment. In the Israeli military courts, the accused’s inalienable right to due process is never upheld. Soldiers’ testimonies and, occasionally, photos of individuals at a demonstration, are very often sufficient for an individual to be found guilty of an offense under the military orders that govern the West Bank. Moreover, if the detainee has been coerced into signing a confession, they will invariably be sentenced and serve time in a military jail.
Human rights defenders who have been arrested and detained include Abdallah Abu Rahma, a high school teacher from the West Bank village of Bil’in who was convicted of incitement and organising illegal demonstrations, and sentenced to 16 months imprisonment and a six-month suspended sentence of three years. Mr. Abu Rahma’s conviction and imprisonment have been repeatedly condemned by amongst others Catherine Ashton, the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission.
More recently, protest organiser in the village of Nabi Saleh, Bassem Tamimi, was arrested and charged with incitement, organizing unauthorized marches, solicitation to throw stones, failure to report for questioning, and an obstruction of justice charge for allegedly advising youth on how to act if under Israeli police interrogation. Human rights defenders face ongoing forms of indiscriminate and arbitrary punishment long after they have been released. Requests from them and their families for permits from the Israeli authorities are consistently denied, they face targeted persecution and intimidation, detention and questioning at checkpoints, defamation, and, in some cases, re-arrest.