On 29 April 2013, the EU-PA sub-committee on human rights, good governance and the rule of law (sub-committee) is convening in Ramallah, the Occupied Palestinian Territory (OPT). This meeting is an opportunity to address the Palestinian Authority’s (PA) implementation of the existing EU-PA Action Plan[1] and its human rights record since April 2012. With respect to this meeting, the Euro-Mediterranean Human Rights Network (EMHRN) and the Palestinian Human Rights Organisations Council (PHROC) present this submission to the European Union (EU), outlining their concerns relating to the PA’s compliance with human rights, the rule of law and democracy during the past year.
The human rights situation in the OPT is the result of two principal factors: the on-going Israeli occupation and the physical and political divide between the Gaza Strip and the West Bank. While the undersigned organisations recognise that the PA’s control over the occupied West Bank is limited, the PA is nonetheless responsible for complying with its obligations under international customary law in all parts where it exercises full authority.
The undersigned organisations stress that accountability, including access to justice for human rights violations, is an overarching issue that should be addressed with the PA. We, however, note with regret the absence of focus on accountability in the ENP progress report for Palestine covering 2012. [2] We therefore call upon the EU to ensure that it is a priority in EU-PA relations, including in the implementation of the new Action Plan, which was adopted on 18 March 2013. To this end, and considering Palestine’s new status as a non-member State of the United Nations, we call on the EU to encourage Palestine to ratify all international law instruments by identifying such ratification as a priority in the new Action Plan and in turn address it in its political dialogue with the PA.
The undersigned organisations take this opportunity to welcome the new EU-PA Action Plan, which will enhance EU-PA relations. In this regard, we look forward to an Action Plan that will contain measurable benchmarks accompanied by a timetable that will serve as an indicator to condition possible advancement of EU relations with the PA, in line with the ‘more for more criteria’ of the reviewed European Neighbourhood Policy.[3] We hope that this will be included in the matrix accompanying the Action Plan, which is set to be adopted shortly. Moreover, such benchmarks should be based on, and seek to ensure, the PA’s compliance with customary human rights and IHL obligations, including the rights to freedom of expression, peaceful assembly, association and a fair trial, and the prohibitions against torture and arbitrary detention. A review mechanism should also be established to assess the implementation of the objectives of the Action Plan by the PA. Such a mechanism should include formalised, regular and timely consultations with human rights organisations.[4]
The undersigned organisations greatly appreciate the consultations and debriefings of human rights organisations held previously in connection with the sub-committee and hope that this good practice will continue. Furthermore, we underline the importance of consulting all Palestinian human rights organisations at a location in East Jerusalem, including those based in the Gaza Strip.
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[1] EU-PA action plan (2005), available at : http://ec.europa.eu/world/enp/pdf/action_plans/pa_enp_ap_final_en.pdf.
[2] European Commission and High representative of the EU for foreign affairs and security policy, Implementation of the European Neighbourhood Policy in Palestine Progress in 2012 and recommendations for action (20 March 2013), available at http://ec.europa.eu/world/enp/docs/2013_enp_pack/2013_progress_report_palestine_en.pdf.
[3]“A Partnership for Democracy and Shared Prosperity with the Southern Mediterranean”, Commission Communication, 8 March 2011, COM (2011) 200 final, available at http://ec.europa.eu/commission_2010-2014/president/news/speeches-statements/pdf/20110308_en.pdf; and “A New Response to a Changing Neighbourhood”, Joint Communication from the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy, 25 May 2011, COM (2011) 303, available at http://ec.europa.eu/world/enp/pdf/com_11_303_en.pdf.
[4] EMHRN and Palestinian Human Rights NGOs recommendations ahead of the EU-PA action plan (1 March 2012), available at https://euromedrights.org/files/2012_03_01_Statement_EU_PA_action_plan_903074131.pdf.