Special Report on

Israeli attacks against

Palestinian fishermen in the Gaza Strip

For the period from 1 June 2002 - 25 October 2003

 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 (FIDH) - Paris

Member of the Euro-Mediterranean Human Rights Network – Copenhagen

E-mail: pchr@pchrgaza.org

Web-Page: www.pchrgaza.org

table of contents

 Background.

Introduction.

Economic importance of fisheries in the Gaza Strip.

Israeli Attacks against fishermen.

Gunfire at fishermen and threatening their lives.

Pursuing and detaining fishermen.

Destroying fishermen’s property and equipment.

Sea blockade.

Stifling measures against Palestinian fishermen in Al-Mawasi

Legal action against Israeli attacks against fishermen.

Conclusion..

Background

Israeli Occupation Forces (IOF) have consistently harassed Palestinian fishermen over the past number of years, abusing them as they try to pursue their livelihoods, and violating their basic right to work.  Furthermore, IOF have imposed restrictions on their freedom to work.  Israeli navy ships have continued to perpetrate provocative actions against fishermen, including unjustified pursuit at sea and firing live ammunition.

Despite an increase in the number of fishermen and an increase in production, the situation for fishermen did not improve significantly after the signing of the Declaration of Principles between the PLO and Israel on 13 Sep 1993 and the subsequent establishment of the Palestinian Authority in 1994.  It is noted that the Interim Agreement signed between the PLO and Israel in May 1994, stated in article 11 in the security protocol that Palestinian fishermen have the right to sail in the area defined as “L”, which extends 20 nautical miles off the coast.

Despite the injustice of this agreement[1], Israel has repeatedly violated it through imposing a sea blockade on the Gaza Strip for varying amounts of time, reducing the fishing area for Palestinian fishermen without coordination with the Palestinian Authority, and harassing and attacking Palestinian fishermen at sea in an effort to terrorize them and force them to leave the sea.  These violations began on 8 March 1996, when IOF unjustly imposed a sea blockade on the Gaza Strip.  When the blockade was downgraded, Palestinian fishermen were allowed to fish up to 12 nautical miles off the cost starting on 22 March 1996.  As a result, fishermen were denied access to deeper and richer areas; thus reducing production and affecting income.  At the same time, IOF continued with their provocative measures against fishermen, including pursuing boats and confiscating them, tearing fishing nets, detaining fishermen, and firing at fishing boats.  These harassments were carried out despite the fact that Palestinian fishermen had the necessary permits to fish and adhered to the area limitations in accordance with the Interim Agreement.

Introduction

This is the second PCHR report[2] on the plight of Palestinian fishermen in the Gaza Strip, who have endured repeated IOF attacks, aimed at hampering fishing activity and forcing fishermen out of the sea.  In the long term, these attacks aim to drive fishermen away from their only profession and means of livelihood.  This report covers the period from 1 June 2002 to 25 October 2003.

PCHR information indicates that, during the reporting period, many fishing boats were damaged by unjustified IOF gunfire during fishing activities and 44 fishermen were detained while fishing at sea.  Furthermore, IOF confiscated and damaged fishing nets; sank or detained fishing boats; repeatedly fired at fishing boats to force fishermen out of the sea; and imposed a sea blockade that prevented fishermen from working.

It should be noted that IOF attacks against Palestinian fishermen during the current Al-Aqsa Intifada are a continuation of old policies implemented prior to 2000.  PCHR monitors IOF attacks against fishermen regularly and according to PCHR investigations in this regard, there is no justification for the repeated IOF attacks against fishermen, who adhere to the fishing area limits.  PCHR views these violations as an extension of the grave violations of all international covenants and agreements, perpetrated by IOF against Palestinian civilians and their property, in the context of a collective-punishment policy against Palestinians.

IOF’s violations against fishermen are specifically relevant to the 4^th Geneva Convention, which states in its 33^rd article, “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.  Pillage is prohibited.  Reprisals against protected persons and their property are prohibited.”  These violations also constitute a serious violation of the right to work.  Article 52 of the 4^th Geneva Convention states, “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.”

The IOF violations contradict with article 6.1 of the International Covenant on Economic, Social and Cultural Rights, which states, “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.”  In addition, article 2.1 of the covenant stipulates 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.”

Finally, article 23.1 of the Universal Declaration of Human Rights states, “Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.”

Economic importance of fisheries in the Gaza Strip

Fishing constitutes an important part of agricultural resources in the Gaza Strip.  The increase in fishing production and its value reflects on its share in agricultural production.  That is why most countries with coasts rely heavily on the fishing sector, as an important economic source of income.  As a result, fishing contributes a large percentage of the national product and is an essential component in developing the economy as a whole[3].

The importance of fisheries lies in:

-         providing adequate amounts of fresh fish to the local populace, and meeting the demands of the local market;

-         employing a large number of workers in fishing and in fishing-related work such as boat-construction and maintenance and dock workers;

-         employing a large number of private transportation vehicles to market fish;

-         exporting fish, which is a large source of income for the state.

The fishing sector in the Gaza Strip has been unable to contribute effectively to the Palestinian economy.  The contribution percentage of fishing in the years prior to the establishment of the Palestinian Authority was very low at 0.5%.  The percentage of employees in the fishing sector constituted just 4% of the total actual work force and only 3% of the population of the Gaza Strip depended on the fishing sector[4].  The reasons for this could have been the limited resources in the form of old fishing boats; lack of a central port for import and export activity; Israeli harassment stemming from restrictive military orders against fishing; and competition from Israeli fishermen in light of the fact that the Gaza coast is not a fish habitat but a migration route.

Since 1993, the fishing sector’s contribution percentage to the national product increased significantly to reach 2.5% in 1996[5].  The reason behind this improvement was the increase in the number of fishermen and fishing boats compared to the years before 1993.  In 1992, the number of fishermen was 1680, whereas the number increased to 2000 in 1993[6].  Currently, the number of fishermen and fishing laborers is 2500 in 4 governorates: 1650 in Gaza, 210 in Deir El-Balah, 430 in Khan Younis, and 220 in Rafah.  They use a total of 727 fishing boats, and sustain 4000 families.

The following table indicates the number of fishing boats and labourers in each governorate[7]:

Palestinian fishermen use old methods when fishing due to resource limitations.  They rely on the experience they have gained over time, while the rest of the world advances technologically.  Some fishermen started to incorporate modern equipment in their work, which has helped to develop capacity and production.

The increase in the number of fishermen and boats resulted in a minor increase in production.  However, this increase was reduced during the Al-Aqsa Intifada.  The reduction was caused by IOF continuous attacks against fishermen.  The following table compares fishing production over different periods according to the statistics of the General Directorate of Fisheries[8]:

Israeli Attacks against fishermen

PCHR sources confirmed the continuation of IOF attacks against Palestinian fishermen during the reporting period (1 June 2002 – 25 October 2003).  The most notable attacks included pursuing and detaining Palestinian fishing boats; attacking and detaining fishermen; forcing fishermen to sail to the Israeli port of Ashdod; and interrogating and humiliating fishermen.  In addition, Israeli navy ships unjustifiably fired live ammunition and sound charges at fishing boats; confiscated and detained these boats; tore fishing nets; damaged equipment; and forced fishermen out of the sea for no reason.

IOF continued to impose a sea blockade on the Gaza Strip and prevented fishermen from working for long spans of time during the reporting period.  Furthermore, IOF reduced the fishing area to 6 nautical miles off the Gaza coast, despite agreement between Israel and the Palestinian Authority that the area should be 20 nautical miles.  As a result, fishermen were prevented from reaching the richer deep waters, thus reducing production and fishermen’s income.

On another front, the complete closure imposed by IOF on the Gaza Strip has deprived fishermen from marketing their produce in the West Bank, forcing them to sell at much lower prices in the local market.

Gunfire at fishermen and threatening their lives

PCHR documented scores of cases of fishermen and fishing boats coming under gunfire from Israeli navy ships.  The pursuit and attack of fishing boats by the occupation forces was continuous during the reporting period.  It is clear that these attacks are aimed at terrorizing fishermen, as there were no reported injuries among fishermen.

Firing at fishermen and their boats is done with feeble justification.  For example, if fishermen come within one kilometre of area “K” in the north or area “M” in the south, the Israeli navy ship located in the area fires without warning and fishermen flee, fearing for their lives.  In this context, the fisherman Moussa Ibrahim Abu Jayyab gave PCHR the following statement:

“At 9:30 on Friday 17 Jan 2003, I sailed one kilometre into the sea, opposite the dock southwest of the city of Deir El-Balah.  I threw my nets to fish and then went home.  At about 13:00 on the same day, I went back out to sea to gather the nets but I was told that fishing was prohibited and that I had one hour to get my nets out.  When I sailed to gather my nets, the Israeli boat fired at me and at the boat; and I fled to the beach.  At the same time, soldiers in a tank at a military outpost in a settlement in the Gush Katif settlement bloc fired at me from the east.  I took cover inside the boat and let it go in the direction of the beach.  I turned off the engine and got out when the gunfire had stopped.  I left the beach and went home.  And at 6:00 in the morning of the next day, I went out to sea to gather the nets.  And when I reached the place, I didn’t find the nets.  Then I saw the Israeli boat speeding in the direction of my boat and I fled towards the beach.  I think that Israeli soldiers cut the net floaters and sank the nets in the sea.”

The fisherman Khamis Radwan Abd-Allah Bakir from Gaza gave PCHR the following statement:

“At 21:30 on Saturday 3 May 2003, I and a group of fishermen were 6 nautical miles off the Gaza coast and within the area where we are permitted to fish.  I saw an Israeli boat advance in our direction.  Suddenly and for no apparent reason, it started firing heavily at one of the boats without warning.  We went to the boat before it sank and we were able to take it out of the sea.  The boat sustained heavy damage valued at about 2000 Jordanian Dinars and even if it is repaired, it will not return to what it was (before the attack).”

Pursuing and detaining fishermen

During the reporting period, IOF continued to pursue and detain fishermen who were out fishing at sea.  Those detained were taken to the Israeli port of Ashdod, where they were interrogated, tortured and humiliated by Israeli officers.  Following intervention from the (Palestinian) military liaison and coordination with the Israeli side, these fishermen were released.  It is noted that the fishermen detained in Ashdod spend several day in prison and are fined before their release.

The number of fishermen who were pursued at sea and detained during the reporting period was 44.  And it is noted that another 65 fishermen were pursued and detained from the beginning of Al-Aqsa Intifada to 31 May 2002; thus the total number of detained fishermen is 109 since the start of the Intifada.  Below are some cases of detained fishermen according to information gathered by PCHR.

-         At 15:30 on Sunday 2 June 2002, Israeli navy boat boats intercepted a small fishing boat belonging to Ramiz Izzat Sa’id Bakir (31) from El-Rimal area in Gaza City.  IOF detained Ramiz and his companion Ehab Jawad Hasan Bakir (24) who is also from El-Rimal.  The boat was towed to Ashdod port inside Israel.

-         On 8 July 2002, the Israeli navy boat detained Ramiz Bakir a second time and held the boat and the fishing equipment on board.  He was released on 15 July 2002, following a trial.  On 26 September 2002, IOF returned the boat to Ramiz, after confiscating the fishing equipment, including a Yamaha engine and fishing nets.

-         On 8 July 2002, IOF detained the fisherman Abd-El-Rahman Hashem Abu Reyala (30) from Gaza City, and held his fishing boat and equipment on board.  He was released on 15 July 2002 and his boat and equipment were returned on 26 September 2002.

-         At 10:00 on 29 December 2002, Rami and Ra’id Izzat Bakir were in a fishing boat off the coast of the Beach camp in Gaza city.  An Israeli navy boat came near the fishing boat.  At gunpoint and without stating any reasons, the Israeli boat crew requested that the fishermen in the boat strip their clothing and throw themselves into the sea.  After detaining the two fishermen, the Israeli boat fired machine guns and rockets at the fishing boat and sank it.  The Israeli claimed that the boat had gone beyond the permitted fishing area.  But they didn’t follow the procedures of warning the fishermen of their violation.  As a result, the family of Izzat Bakir, the boat owner and the father of the detained fishermen, suffered great losses.  The boat was the sole means of income for the family.  In addition, Izzat Bakir is handicapped and his sons were responsible for providing for the family.

-         At 9:00 on Friday, 17 January 2003, Israeli navy boats intercepted two fishing boats off the coast of Sheikh Ejleen area south of Gaza City, and detained the fishermen onboard the boats.  The fishermen were taken to Erez, north of the Gaza Strip; and the boats were towed to Ashdod port and detained there.  Two days later the boats were returned to the place where they had been detained, 6 nautical miles off the coast.  The boats belonged to Yousef Mohammad Abu Odeh and Mohammad Mohammad Suliman Abu Odeh.  The detained fishermen were Mohammad Jihad Mohammad Abu Odeh (59), Mahdi Mohammad Mohammad Abu Odeh (33), Ra’id Yousef Mohammad Abu Odeh (19), Ayman Fathi Bakir (46), Sami Yousef Abd-Allah Abu Odeh (38), Mohammad Yousef Abd-Allah Abu Odeh (24), Osama Awni Yousef Abu Odeh (17), and Fayez Ahmad Abu Fuol (34).  The boat belonging to Yousef Odeh suffered various damages in the form of a partial destruction of the sides valued at $5000.

-         On 29 March 2003, Israeli navy boats detained two fishermen, Mahmoud Mohammad Muneer BAkir (27) and Mohammad Mohammad Muneer Bakir (25), who were in a fishing boat off the Gaza coast.  The soldiers forced them to take off their clothing and throw themselves into the sea before they were arrested.  They were released 4 days later and fined 100 New Israeli Shekels each.

-         At 5:00, on the morning of Tuesday, 6 May 2003, Israeli navy boats detained two fishermen as they were carrying out fishing activities in the permitted zone of 6 nautical miles off shore.  The detained fishermen were Ayman Ali Mohammad El-Habeel (28) and Ibrahim Khamis Ibrahim Murad (34), both from Gaza City.

-         At 22:30, on the evening of Tuesday, 20 May 2003, Israeli navy boats detained 4 fishermen in two fishing boats working off the coast of Gaza.  The detention was carried out under the pretext of a violation of the permitted fishing area limits.  The detainees, all of them Gaza City residents, were Rami Abd-El-Mu’ti Ibrahim El-Habeel (24), Hani Ibrahim El-Najjar (23), who doesn’t have an ID card as he was deported from Al-Ariesh a few years ago, Sufian Muhye-El-Deen Ahmad Kullab (35) and Osama Mohammad Mahmoud El-Hissi (27).  They were on board two fishing boats belonging to Abd-El-Mu’ti Ibrahim El-Habeel and Jihad Mohammad Mohammad Abu Odeh.  An Israeli boat advanced towards the two boats while firing its guns heavily at them.  The fishermen were ordered to strip their clothes and swim to the Israeli boat before they were detained.  Israeli navy boats usually keep a distance of 300-500 metres between them and Palestinian fishing boats.

-         At 10:00 on the morning of Thursday, 2 October 2003, Israeli navy boats detained the fishermen Mohammad Sa’id Abd-El-Rahman Bakir (38) and Yousef Mohammad Muneer Bakir (33) from Gaza City.  They were taken to an unknown location.  At the time of publication of this report, the whereabouts of both fishermen were still unknown.  PCHR investigations indicated that both were fishing in one boat off the coast of El-Sudane’ya area, north of Gaza City, when the Israeli navy arrested them.

-         At 12:30 on Monday, 13 October 2003, Israeli navy ships fired heavily at a group of fishermen off the coast of Deir El-Balah.  Without stating their reasons, they arrested Fathi Sa’id Fathi El-Su’eidi (22), who lives in the Beach camp in Gaza City.  His location was still unknown at the time of publication of this report.  Awwad Awad El-Sayyed el-Su’eidi (35), the prisoner’s cousin, informed PCHR that they were with a group of fishermen, including his uncle Sa’id and cousin Fathi, that was fishing less than 8 miles off the coast of Deir El-Balah.  The Israeli boat fired in their direction and blockaded the boat manned by Fathi and his father.  The Israeli navy released the father and detained his son.

-         At 11:30 on Monday, 20 October 2003, Israeli navy boats detained 3 fishermen who had been on their way to fish of the coast of Deir El-Balah.  The detainees were Maher Kamal Abu Sultan (23), Ra’id Zeyad Kes’kien (23), and Mohammad Ibrahim El-Najjar, all residents of Gaza City.  Haidar El-Qouqa, head of the fishermen’s union in the Gaza governorate, stated that there had been 4 fishermen on a boat about 7 nautical miles off the coast.  The Israeli boat approached the boat and detained the 3 fishermen under the pretext of going beyond the fishing area limits.  The fourth fisherman was allowed to take the boat ashore.

List of fishermen detained in the period between 1 June 2002 and 25 October 2003: