A Palestinian State: No Freedom of Movement

A Palestinian State: No Freedom of Movement

"Nothing shall be done that may prejudice the religious or civil rights of the existing non-Jewish communities in Palestine" – Balfour Declaration, 1917

Despite the intention of the 1917 Balfour Declaration, existing non-Jewish communities in Palestine have consistently been denied their civil rights. Palestinians have been under strict regulations in the form of checkpoints, curfews, closures, and physical boundaries such as roads and blockades that have hindered the formation of a vibrant Palestinian civil society. The Israeli-Palestinian Agreement in 1993 (Olso I) served as a framework towards a two-state solution whereby Israel and Palestine agreed to, “strive to live in peaceful coexistence and mutual dignity and security to achieve a just, lasting, and comprehensive peace settlement.” Oslo included in Article 8, “Public Order and Security,” that “Israel will continue to carry the responsibility for defending against external threats, as well as the responsibility for overall security of Israelis for the purpose of safeguarding their internal security and public order.” On the ground, the enforcement of security became the strict establishment of separate roads for Israelis and Palestinians along with harsher restrictions on permits. A fundamental component of social order is the freedom of movement. Described as the matrix of control, Israeli regulations deny Palestinians freedom of movement through militarized regulations that directly prevent the emergence of an effective civil society within Palestinian territories. Throughout the peace process security concerns have resulted in the establishment of checkpoints with harsher permit systems, separation in the form of highways, bypass roads and curfews. These security measures have been in the interest of Israeli’s safety and have become methods of indirect control over Palestinian civil society.

Olso I marked the beginning of highly restricted movement within and around Occupied Territories. Oslo served as an interim-agreement to facilitate the establishment of a Palestinian state that could peacefully coexist with Israel. The agreement sought to establish a valid Palestinian state, ensured the withdrawal of the Israeli military, and also ensured the deployment of Israeli troops in Occupied Territories. These practices were important measures of ensuring security. During the time of Oslo, Israel had been victim to a suicide bombing, attacks and stabbings. Soon it was common for Israeli cars to be stoned when crossing Occupied Territories. An increase in uprisings during 1987 until 1993 instilled fear among Israelis. Thus, the legitimate use of force over the Palestinians in order to maintain security was regularly employed.

In September 1995, the Oslo II agreement set-up a framework that would divide the settlements into blocs: the West Bank was divided into Areas A, B, C, and D and Gaza was divided into Yellow, Green, Blue and White Areas. Oslo II began the total redeployment of the Israeli military in the areas that were strictly Palestinian settlements. These divisions worsened the constraints on movement between settlements. The break of the Second Intifada (2000-2004) resulted in severe enforcements on closures and curfews in Occupied Territories and established roads for Israelis with secondary routes for Palestinians.

Checkpoints serve as barriers between the areas within Occupied Territories. About 50,000 settlers live in each area and are required to present their permits in order to cross the checkpoints. Israeli troops staff checkpoints and are in charge of controlling the movement of persons and goods. By 2004, there were 48 staffed permanent barriers and 607 blockades. Palestinians apply for permits through the Civil Administration on the basis of age, sex, employment, institutional affiliation and political activity. Israelis are issued cards with blue plastic holders, Palestinian carry orange, and Gazans carry red holders. Additionally, political prisoners are also issued a different color. Based on criteria authorized by the Civil Administration, permits control access to cross certain checkpoints and roads.

Restrictions placed on movement through the use of checkpoints indirectly prevents Palestinians the access to resources, jobs and healthcare. After 1991, strict sanctions on Arab employers who were required permits resulted in a significant decline of the Palestinian workforce in Israel. Stories of Palestinian sending for an ambulance and the ambulance not being able to cross the checkpoint or blockade are commonly heard. Palestinian women have given birth at checkpoints. Moreover, the restrictions on movement undermine a flourishing Palestinian civil society. The humiliation the checkpoint system instills in the Palestinian people is detrimental. For a pregnant woman to have to give birth at a checkpoint because she is a potential security threat highlights the extreme measures taken on the restriction of movement by the Israeli military.

Systems of roads are constructed throughout the Occupied Territories to maintain separation between Israelis and Palestinians. There are twenty-nine bypass roads that cross West Bank settlements in order to connect Israeli settlements. Israeli settlements are built along the highways and the Green line. Palestinian construction is prohibited nearby. Highways and bypass roads fragment Palestinian settlements, creating disunity and isolation. A civil society becomes impossible to garner when there is such a divide among communities. Palestinian settlements are cut off from one another making inter-relationships, mobilization and attaining resources nearly impossible. The construction of roads has connected Israeli settlers while fragmenting Palestinian settlers.

Curfews have been issued in Palestinian settlements by the Israeli military as a method of security. This has proved to be a repressive security tactic against Palestinian life. Curfews function as collective punishment. Curfews allow the military to restrict entering and exiting an area under curfew and can last anywhere from a few hours to a few weeks. Palestinians refer to curfews as man’ al-tajawwul, an Arabic expression meaning “banning of movement.” Curfews were commonly used during the Second Intifada as a means of repressing uprisings and violence. Loss of jobs was a consequence for areas that were under curfew. Data has shown that from September 2000 to June 2003 employed dropped 50% in areas under curfew. Additionally, schools have been forced to close for long periods of time due to absences of students and teachers. Curfews are still a legitimate security measure employed by the Israeli military. These measures hinder the prospects of an effective civil society by denying Palestinians their basic rights through confinement. The divisions that are caused by checkpoints and roads are only furthered by the social and political isolation caused by curfews.

The formation of a civil society relies on basic freedoms that allow for freedom expression and movement. Israel’s interest in maintaining security has restricted basic freedoms, which has severely harmed the social and political fabric of the Palestinian people. Civil society among Occupied Territories cannot emerge when freedom of movement is denied. Apart from the immediate effects on movement, the morale of Palestinian nationhood is at risk. Unity and self-determination are values that strengthen civil society. Restrictions on movement through separation and control has divided and humiliated the Palestinian people. The civil liberties of Palestinians are absent from the current social and political reality. The peace process must reconsider what a two-state solution means for such an asymmetrical structure of power. There must be a shift in Israeli’s interest for security otherwise Palestinian civil society will not flourish.

Juliano Mer-Khamis, actor, director and political activist, was killed on April 4^th in the Palestinian city of Jenin. He ran the Freedom Theatre in Jenin, which sought to empower Palestinian children through expression. There must be justice for Juliano and those who are suffering due to this enduring crisis.