WRITTEN QUESTION E-2866/97 by Thomas Megahy (PSE) to the Commission (11 September 1997)

Subject: A serious human rights abuse by the Israeli government

Israel is in the process of introducing legislation preventing Palestinians from seeking compensation through its courts from Israeli security forces or the state for injury or death. This law is clearly racially discriminatory, as it does not apply to Israeli or foreign residents, and has been condemned as such not only by Palestinian authorities but by the independent Israeli Information Centre for Human Rights in the Occupied Territories.

Will the Commission raise this matter in its trade negotiations with the government of Israel or its agents, or take some other form of action to demonstrate that such laws are unacceptable to the European Union as an association of democratic nations?

Answer given by Mr Marin on behalf of the Commission (16 October 1997)

The Commission is highly concerned about the draft Israeli law for handing of claims arising from security force activities in Judea, Samaria and the Gaza Strip, 5757-1997. The Commission has been made aware of the fact that the proposed legislation would effectively exempt Israeli security forces from most tort liability towards Palestinian victims of the former's activities in the Occupied territories during the 'Intifadah'.

The draft law largely expands the definition of 'combatant activity' to encompass the vast majority of incidents provoking injuries to Palestinians, in a manner contradictory to prior rulings of Israeli courts, including the Supreme court.

The draft law underwent its first reading at the Israeli Knesset on 30 July 1997. The Knesset committee must now meet to decide to which committee to send the draft law. The relevant committee will then review the draft law and decide whether or not to return it to Knesset (with any amendments it may decide to make). If returned, it must then pass a second and third reading before becoming law. Knesset committees can meet during the recess that will last until the Knesset plenary reconvenes on 2 November 1997.

Despite the active mobilisation of Israeli human rights organisations, the draft law has not generated a great deal of discussion among the public at large.

The Commission believes that the draft law in its present form would violate international human rights standards by undermining the basic principle of the right of victims of human rights abuses to seek fair compensation recognized inter alia in the International covenant on civil and political rights and the United Nations Convention against torture and other cruel, inhuman or degrading treatment or punishment. As the draft law only applies to Palestinians and not to other nationalities, it would also violate the prohibition on discrimination in international human rights law.

The Israeli authorities are well aware of the importance which the Community, and the Commission, attach to the rule of law and to strict respect for international human rights standards. The monitoring of human rights and respect of democratic principles in countries linked to the Community by association agreements is done in accordance with the rules of the common foreign and security policy. Under the present interim agreement with Israel, the latter is already subject to a periodic monitoring regarding respect of these principles. The Commission uses every appropriate opportunity afforded by its regular contacts with the Israeli authorities to express its views on the human rights situation in Israel.

Once ratification of the recently concluded Euro-Mediterranean association agreement between the Community and Israel is completed, the Community as a whole will be in a better position to exercise a positive influence regarding all human rights-related issues in the framework of the political dialogue with Israel established by the agreement. A particular human rights clause stipulates that respect for human rights constitutes an essential element of the agreement.