Report on Israeli Attacks on Palestinian Fishermen in the Gaza Strip in al-Aqsa Intifada

 
29 September 2000 – 31 May 2002

The Palestinian Centre for Human Rights

Consultative Status with the ECOSOC of the United Nations

Affiliate of the International Commission of Jurists – Geneva

Member of the International Federation for Human Rights – Paris

The Euro-Mediterranean Human Rights Network

 E-mail: pchr@pchrgaza.org

 www.pchrgaza.org

 Introduction

 Since the beginning of al-Aqsa Intifada on 29 September 2000, Israeli occupying forces have perpetrated serious human rights violations against Palestinian civilians.  They have carried out systematic violations against the political, civil, economic, social and cultural rights of the Palestinian people.  Israeli occupying forces have waged a comprehensive war against the Palestinian people, using a wide range of weapons, including F-16’s and Apache helicopters, Merkava tanks and heavy machine guns.  A total siege has been imposed on the Occupied Palestinian Territories, isolating them from the outside world, and cutting them into parts.  Israeli tanks have blocked entrances of Palestinian towns, villages and refugee camps, transforming them into isolated cantons.  Israeli bulldozers raze thousands of acres of Palestinian agricultural land and demolished hundreds of houses, rendering thousands of Palestinian civilians, including women and children, homeless. 

 Israeli practices against Palestinian civilians are part of the policies of collective punishment adopted by the Israeli occupying forces against the Palestinian people, in violation of international human rights legislation, especially the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War of 1949.  Article 3 of the Convention provides that "no protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited."  Article 3 (1) of the Convention provides that "persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) Taking of hostages; (c) Outrages upon personal dignity, in particular humiliating and degrading treatment; (d) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples."

As part of the policy of collective punishment adopted by Israeli forces against Palestinian civilians, they have repeatedly imposed marine sieges on the Gaza Strip, preventing hundreds of Palestinian fishermen from fishing.  According to the Palestinian-Israeli Accords, Palestinian fishermen have the right to sail in Area “L,” which extends up to 20 nautical miles out to sea, but Israeli forces decreased this area to 6 nautical miles.  This area is very small and makes it difficult for fishermen to earn a reasonable income.  Israeli forces also obstruct fishing and block and fire at their fishing boats.  They have arrested and attacked a number of fishermen and imposed heavy fines.

 This report highlights the suffering of Palestinian fishermen in the Gaza Strip while fishing, as a result of continuous attacks by Israeli occupying forces.  It covers Israeli attacks on Palestinian fishermen from 29 September 2000, the beginning of al-Aqsa Intifada, to 31 May 2002.  During this period, 10 Palestinian fishermen were wounded by Israeli gunfire and 5 other sustained bruises and injuries when Israeli naval troops sprayed water on their boat.  Israeli occupying forces also arrested 65 Palestinian fishermen while fishing.  They have also confiscated nets, blocked and sank a number of fishing boats, and imposed a marine siege on the Gaza Strip. 

 Israeli practices against Palestinian fishermen violate international human rights instruments, which ensure the right to work, especially the International Covenant on Economic, Social and Cultural Rights.  Article 6 (1) of the Covenant provides that "the States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right."  Article 1(2) of the Covenant provides that "all peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence."  Israeli practices against Palestinian fishermen also violate the Universal Declaration of Human Rights, as article 23(1) provides that "everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment."  Additionally, they violate Geneva Convention Relative to the Protection of Civilian Persons in Time of War of 1949, with article 52 providing that "all measures aiming at creating unemployment or at restricting the opportunities offered to workers in an occupied territory, in order to induce them to work for the Occupying Power, are prohibited."  Israeli practices against Palestinian fishermen also violate the Declaration on Social Progress and Development whose article 6 provides that "social development requires the assurance to everyone of the right to work and the free choice of employment."  Article 10(a) of the same Declaration provides that "the assurance at all levels of the right to work and the right of everyone to form trade unions and workers' associations and to bargain collectively; promotion of full productive employment and elimination of unemployment and under-employment; establishment of equitable and favourable conditions of work for all, including the improvement of health and safety conditions; assurance of just remuneration for labour without any discrimination as well as a sufficiently high minimum wage to ensure a decent standard of living; the protection of the consumer."

A Regenerated Policy

 For many years, Israeli occupying forces have restricted Palestinian fishermen’s sole income, depriving them of their right to work.  They have unjustifiably attacked Palestinian fishermen and their boats and have imposed restrictions on their work. 

 The Palestinian-Israeli Interim Agreement signed between Palestine Liberation Organization and the Israeli government, in Article 11 of the annexed protocol on the redeployment of the Israeli forces and security arrangements, gives Palestinian fishermen the right to sail in Area “L,” which extends up to 20 nautical miles from the coast of Gaza.  Although this arrangement is unfair for Palestinian fishermen, Israeli occupying forces have repeatedly violated it.  They have imposed a marine siege on the Gaza Strip and have decreased the area allowed for fishing without coordination with the Palestinian side in violation of the Agreement.  They have attacked Palestinian fishermen in an apparent attempt to force them to give up their jobs. 

 The first case was on 8 March 1996, when Israeli occupying forces imposed a marine siege on the Gaza Strip.  When they eased the siege on 22 March 2002, they decreased the area where fishing is allowed to 12 nautical miles, preventing fishermen from moving further, which had an adverse affect on their production and income. 

 Israeli naval troops have chased and blocked fishing boats, cut nets and fired at fishermen, although fishing boats and fishermen have borne licenses and carried out their work inside the assigned area where fishing is allowed.  As a result of such Israeli arbitrary practices, many Palestinian fishermen gave up their jobs, despite lack the any skills for other professions.  Fishing has become a journey of death and terror due to the Israeli attacks on fishermen. 

 PCHR has documented and followed up attacks against Palestinian fishermen by Israeli occupying forces.  According to PCHR's investigations, all Israeli attacks on Palestinian fishermen and their boats, in violation of their economic rights, are unjustifiable as the fishermen carry out their work within the prescribed area.  Such Israeli practices are just some of the grave breaches perpetrated by Israeli forces against Palestinian civilians and their property. 

Fishing in the Gaza Strip

 In the Gaza Strip, there are approximately 2500 fishermen, as shown on the table below.  In addition, 1200 Palestinians have jobs related to fishing, such as the manufacture and maintenance of boats and nets, the preparation ice blocks for fish storage and fish skinning and selling. 

 Around 40-50 families, mostly women, from al-Shati refugee camp work in fish skinning for local traders or Israeli companies.  They receive low wages for this job, despite long hours and health problems as a result of the work.  They work in this profession in order to help improve the living conditions of their families.  However, their work suffered a setback as the fish production in the Gaza Strip sharply decreased, while living conditions of those families has rapidly deteriorated as their income from this work used to aid the easing the hard economic conditions under which they live.[1]

Table of the Distribution of Fishermen in the Gaza Strip in 2002

Source: The General Corporation of Fish Wealth

Approximately 4000 families, with an average of 8 members per family, that is 32000 persons, depend upon the fishing industry for their living.[2] The majority of these families live in the al-Shati refugee camp, Deir al-Balah and the al-Mawasi region in Rafah and Khan Yunis.  Their lives are characterized by instability as fishing is seasonal and has to constantly face aggressive Israeli restrictions. 

Palestinian fishermen in the Gaza Strip use approximately 727 boats distributed as shown in the following table:

Source: The General Corporation of Fish Wealth

Palestinian fishermen regularly have to face Israeli measures while fishing.  Israeli naval troops, fire at, chase and arrest the fishermen, damage their fishing equipment, block and sink their boats and unjustifiably impose high fines on them.  In addition, Israeli occupying forces have repeatedly imposed a marine siege on the Gaza Strip, preventing fishermen and those working in relevant jobs from their sole source of income.    

 According to Palestinian official sources, the total loss incurred to fishermen from the beginning of al-Aqsa Intifada until April 2002 is estimated at US$5.5 million, US$700,000 of which is the loss incurred to fishing equipment while the rest is in the fish production.[3]    Fish production sharply decreased in 2000 and 2001 as shown in the following table:

Source: The General Corporation of Fish Wealth

Palestinian fishermen in the Gaza Strip live under dire condition in the al-Aqsa Intifada due to aggressive measures by Israeli forces against them.  They are habitually prevented from fishing, arrested or fired at. 

Al-Tawfiq Cooperative Society for Fishermen in Gaza provides services for fishermen, including fuel, ice and nets.  It also contributes with 30% of the health insurance of fishermen.  As a result of Israeli practices against fishermen during al-Aqsa Intifada, the society stopped its contribution to the health insurance of fishermen.  Many fishermen have been unable to pay the required fees of fishing to the society, so debts have accumulated and mounted to approximately 1.5 million NIS (approximately US$ 320,000).[4]  

 Although there are some international organizations which offer assistance for Palestinian fishermen in the current crisis, this assistance does not meet all the needs of the fishermen, nor covers their losses as a result of losing their jobs and paying excessive fines.  Mohammed Zaqqut, Head of al-Tawfiq Cooperative Society for Fishermen in Gaza stated that "assistance provided by international organizations for fishermen is very little and does not cover the loss incurred to those fishermen as a result of the Israeli practices."  He added that "al-Ta'awon (Cooperation) funded a one-month job creation program for fishermen in the southern area, with an average salary of US$ 10 per day, Tamkeen organized lectures for fishermen on the protection of the sea environment, and UNDP provided nets for about 20 fishermen and trained them on how to use them."

As a result of the Israeli practices against Palestinian fishermen, their living conditions have deteriorated and their debts have grown, with many of them have not been able to cover the costs of fishing.  Furthermore, international organizations have failed to provide enough assistance for them to overcome these problems.     

Israeli Attacks on Palestinian Fishermen in the al-Aqsa Intifada

 Israeli attacks on Palestinian fishermen in the Gaza Strip have escalated during the al-Aqsa Intifada.  Israeli gunboats regularly chase and harass Palestinian fishing boats.  Israeli naval troops often attack and arrest fishermen and force them to sail to the Israeli harbour of Ashdod, where they are interrogated and suffer degrading behaviour.  In addition, Israeli naval troops unjustifiably fire live bullets and sound bombs at Palestinian fishing boats, pour hot or waste water on their boats, and obstruct them from going about their work, occasionally forcing the fishermen to stay ashore. 

 Israeli occupying forces have repeatedly imposed a marine siege on the Gaza Strip during the al-Aqsa Intifada, preventing fishermen from their sole source of income.  They have also decreased the area in which Palestinian fishermen are allowed to fish, from 20 nautical miles out to sea, the distance provided for in the Israeli-Palestinian agreements, to 6 nautical miles.  These measures have led to a decrease in the fishing production and income of fishermen. As a result of the total siege imposed on the Gaza Strip, Palestinian fishermen have not been able to sell fish in the markets of the West Bank, and have been restricted to selling fish at low prices in the Gaza Strip. 

 PCHR has documented Israeli attacks on Palestinian fishermen since the beginning of the al-Aqsa Intifada on 29 September 2002.  Following are details of such attacks until 31 May 2002:

1) Shooting at Fishermen

 Israeli action against Palestinian fishermen has not been limited to preventing them from fishing and damaging their fishing equipment, but includes shooting at those fishermen while fishing, in blatant violation of international law. 

 From the cases mentioned below, it can be inferred that Israeli forces intentionally fire at Palestinian fishermen.  During the period under study, 10 Palestinian fishermen were wounded by the Israeli gunfire and five others sustained bruises and injuries as Israeli naval forces sprayed the boat with water.   

 On 6 December 2000, Israeli occupying forces opened fire on a Palestinian fishing boat, wounding a fisherman.  This incident took place at approximately 20:00 when four Palestinian fishing boats were sailing in an area opposite the coast of Rafah, where fishing is permitted.  A Palestinian fisherman said that four Israeli gunboats came close to their boats and without warning opened fire on one of the small vessels.  A fisherman, Jamil Kamal al-Nada, 18, from al-Mawasi area in Rafah was wounded by live bullets to the right leg and the left thigh from a distance of approximately 100 meters. 

 At approximately 16:00 on 20 March 2001, Israeli naval troops opened fire on Palestinian boats sailing across the Rafah sea.  As a result, Ayman Khalil al-Bardawil, 29, from al-Mawasi area in Rafah, was wounded by a live bullet in the leg.  Approximately 50 Palestinian fishing boats were sailing less than 100m away from the Rafah shore, when Israeli soldiers on a military vessel unjustifiably opened fire upon them.  Palestinian fishermen took their colleague to shore.  He was evacuated to hospital by a civilian car, whose passage was obstructed by Israeli soldiers at Tal Al-Sultan roadblock between Rafah and the Al-Mawasi area for approximately two hours, before it was allowed to travel to hospital.  The car arrived at hospital at approximately 18:30.

 At approximately 17:30 on 23 July 2001, Israeli occupying forces in a military location west of the “Dogit” settlement, north of Beit Lahia, fired for no apparent reason at a Palestinian fishing boat near the seashore of Beit Lahia, wounding a fisherman, Mohammed Mohammed Zayed, 28, with a live bullet in the left leg.  Zayed was about to start fishing, approximately 500m away from the Israeli military location, when he was fired at. 

 At approximately 06:40, Israeli occupying soldiers in a military location west of the “Dogit” settlement, north of Beit Lahia in the northern Gaza Strip, fired without any prior warning at Khalil Mohammed Zayed, 60, from Beit Lahia, seriously wounding him with a live bullet to the chest.  According to PCHR’s investigation and eyewitness's testimonies, Zayed, a fisherman, was walking on the beach, opposite to the aforementioned military location, when he was fired at for no apparent reason.

 On 4 September 2001, Israeli soldiers on a gunboat stopped a fishing boat, owned by Salim Taher Abu al-Sadiq, 76, from al-Shati refugee camp, when it was roughly 5 miles away from the shore of Gaza.  Five fishermen were on the boat and Israeli soldiers ordered them to stand at the front of it.  Then, they sprayed the boat with large quantities of hot and waste water.  According to a testimony by one of the fishermen, they entered the cabin of the boat to have shelter, but Israeli soldiers continued to spray water on them.  Windows of the cabin were broken, and the fishermen sustained bruises and injuries from broken glass.  Then, the Israeli gunboat left the area and the fishermen went back to the seashore.  They were evacuated to Shifa’ Hospital in Gaza City.  They were:

       1)Khaled Ahmed Abu ‘Amra, 36, from al-Shati refugee camp, injured in the head, the face and the hands;

       2)Rashad ‘Abdel-Raziq Baker, 42, from al-Remal neighbourhood in Gaza City, injured in the left hand;

       3)Eihab Fayez Abu al-Sadiq, 14, from al-Shati refugee camp, sustained bruises throughout the body;

       4)Mohammed Salim al-‘Aamoudi, 40, from Sheikh Radwan neighbourhood in Gaza City, sustained bruises all over his body; and Fayez Salim Abu al-Sadiq, 37, from Al-Shati refugee camp, received severe bruising all over his body.

In his testimony to PCHR, one of those fishermen, said:

"On 4 September 2001, I went fishing with four of my colleagues.  We all had required permits.  At approximately 09:30, while we were approximately 5 miles away from Gaza seashore, an Israeli gunboat arrived at the area.  It poured water of the motor of the boat, which immediately stopped working.  Then, it strongly poured water on front part of the boat.  Windows of the boat were broken and the fishermen were injured by shrapnel from glass.  The Israeli gunboat left the area without offering help to the fishermen, despite my asking the officer to do this.  Two hours later, we arrived at Gaza seashore, and from there we were evacuated in an ambulance of the Palestinian Naval Force to hospital." 

 On 16 September 2001, Israeli naval troops opened fire at Palestinian fishing boats that were fishing less than 3 miles away from the Gaza shore.  One of the fishermen, 'Abdul Raziq Baker, 41, was wounded by shrapnel in the back and the limbs, while others were terrified and escaped to the seashore. 

In his testimony to PCHR, one of those fishermen said:

 "At approximately 20:00 on 16 September 2001, while we were sailing across the sea, approximately 3 miles away from Gaza shore, we were surprised by Israeli naval troops firing at us without any prior warning.  Israeli naval troops fired at us for approximately 90 minutes.  They also fired flare bombs.  We were 5 fishermen on the boat.  One of us, Rashad 'Abdul Raziq Baker, was wounded by shrapnel in the back and the limbs, while the boat was damaged. Since that date, we have not gone fishing fearing for our lives from Israeli gunfire." 

 At approximately 20:00 on 5 February 2002, Israeli naval troops fired for no apparent reason at Hussam Fathi al-Sultan, 25, who was fishing near the coast of Beit Lahia, wounding him with a live bullet in the right thigh.

 At approximately 16:00 on 8 April 2002, Israeli naval troops in a gunboat fired at a Palestinian fishing boat that was sailing near Beit Lahia by the north of the Gaza Strip.  Two Palestinian fishermen were wounded:

- Lu’ai Joma’a Zayed, 20, from Beit Lahia, wounded by a bullet to the left foot; and

- Ahmed Isma’il Zayed, 18, from Beit Lahia, wounded by a bullet to the right arm.

At approximately 05:45 on 5 May 2002, Israeli occupying forces in a military location west of the “Dogit” settlement, north of Beit Lahia, fired at a Palestinian fishing boat at Beit Lahia seashore, approximately 100m away.  Two Palestinian fishermen were wounded:

1)      Hamdan ‘Omar al-Sultan, 32, from Beit Lahia, wounded by a medium calibre bullet to the right thigh; and

2)      Lu’ai Jom’a Zayed, 18, from Beit Lahia, wounded by a medium calibre bullet also to the right thigh.

2) Arresting Fishermen While Fishing

 Israeli naval troops systematically attack Palestinian fishermen, in an apparent attempt to terrify them and force them to give up their jobs.  They often chase Palestinian fishing boats and arrest fishermen.  Those fishermen are usually held in detention centres inside Israel and are subject to unfair trials that force them to pay excessive fines, in violation of the Fourth Geneva Convention which prohibits the transfer of persons from the occupied territories to the territory of the occupying power. 

 During the al-Aqsa Intifada, Israeli aggressive measures against Palestinian fishermen have significantly increased.  Israeli forces always claim that fishermen exceed the area where they are allowed to fish, to justify their aggressive measures against them, even though Palestinian fishermen are in fact committed to the space allowed for them. 

 During the period under study, Israeli naval troops arrested 65 Palestinian fishermen while fishing as shown in the following table:

Palestinian Fishermen Arrested by Israeli Occupying Forces

29 September 2000 – 31 May 2002