Repression without hope is harder to bear
Israeli human rights lawyer Lea Tsemel tells International Viewpoint's Sonia Leith about human rights in Palestine and the State of Israel. • How have things changed since the "peace accords?"
Before the "peace agreements," we faced all kinds of breaches of human rights, but we could continue, because we thought change could come. Democratic changes, and change for the Palestinian cause. Since the peace accords were signed, we face the same human rights problems, but that perspectve of struggling for change has been taken away from us. We now experience repression as part of an unchanging bad situation. Militants feel they are in a dead end • There must have been some changes
There are fewer arrests by the Israeli authorities, because the main population centres have been transferred to the Palestinian Authority. But Israel still controls huge areas of the territories, and continues to arrest everyone suspected of opposition of any kind; be it organising independent associations, learning about religion, or throwing stones. The courts have been moved from the towns to the suburbs, but they keep functioning!
The Israeli military authorities cannot convict many of these militants, since the elementary rules of evidence are not met. So Palestinians are held in "Administrative Detention" for months at a time. As a measure of resistance against this pseudojudicial system, many Palestinian prisoners now refuse to appear before these tribunals, even when offered a review of their sentence and possible release. "We reject this facade of justice," they say. "And we refuse your jurisdiction over us.
This struggle has generated significant public concern in Israel itself. People are asking themselves how it is possible that Israel is holding hundreds of Palestinians in "Administrative Detention" when a peace process is supposedly under way.
These detainees don't just come from Israeli-occupied areas, but also from Zone A - the larger towns which are now totally under the control of the Palestinian Authority. There is clearly cooperation between Arafat's police and the Israelis - the Israelis want to minimise opposition currents in Palestine, and this suits Arafat very well.
The big new phenomenon in human rights work since the Oslo agreements, of course, are the arrests by any one of a dozen Palestinian security forces which Arafat has charged with the combat against subversion. Those arrested are being held for months without trial; sometimes even without interrogation. The effect, presumably deliberate, is to terrorise activists. And it works. Palestinian magazines have been closed, and so on. The message is that we shouldn't expect an independent democratic space. • How are Palestinians reacting?
Most people still say that we should give the Palestinian Authority some time to prove itself. But I fear it is already showing its character. It is an arbitrary system, without the rule of law. Democracy is a long way off.
The Palestinians are now struggling against two repressive forces. The well-known Israeli occupation, and the not-yetfully-known Palestinian Authority. People suspect that the world outside doesn't really care. They say "part of the media, and the human rights networks abroad, encouraged us in our struggle against Israel, by talking about our suffering and our struggle. But they don't yet seem ready to do the same when we face repression by Palestinian authorities. • Is torture still a problem?
The Israeli occupier has used torture for years. Now the Palestinian Authority does the same. Except that the rules of the game" and the few means of protection painfully established over 30 years of occupation do not yet have a parallel in Palestinian police stations. All policemen and functionaries know that their jobs depend on the approval of their superiors — on Yasser Arafat. And they act accordingly. • How do you choose your clients?
I represent anyone who acts against the Israeli occupation. As an Israeli, I can" elevate my moral judgement into a reason for
Palestine/Israel * not opposing our occupation of the territories. I have detended people tor things 1 wouldn't have done myself, and wouldn't defend in moral or political terms. But I know where I stand. When the Islamic groups, like Hamas, came to the forefront in the later years of the struggle, they came to me to help defend their militants who had been detained. They still come, without hesitation, because they know what I do.
I only intervene with the Israeli authorities. Only Palestinian lawyers appear in the Palestinian Authority's courts. • What about Jerusalem?
Refugees who once lived in Jerusalem are blocked from returning. West Bank residents traveling from North to South must take a huge detour, rather than travel through Jerusalem (the logical centre of transport systems). And Israel is trying very hard to force out the remaining Palestinians [who didn't flee in 1967]. They cannot get permits to build, and there are not enough jobs for everyone. Israel is denying them an identity as Jerusalemites, and trying to expel them. If an Arab from Jerusalem works or studies abroad, and takes up a foreign citizenship, the Israelis refuse to let him return.
Palestinians are still being denied access to Jerusalem to pray at the holy sites. The Oslo peace accords were supposed to guarantee this right. Maybe this will push Arafat to call for civil disobedience. I do hope Palestinians find enough energy and force to fight back, at least for Jerusalem • So how do you view the future?
I'm so pessimistic I don't want to tell you what I think. *
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