Dear Ministers,Dear High Representative,Dear Commissioner,Since the European Union’s (EU) political commitment to upgrade its relations with Israel in June2008, the human rights situation on the ground has severely deteriorated both in the OccupiedPalestinian Territory (OPT) and in Israel. Given these negative developments, as also reflectedin the European Commission’s progress report on the implementation of the EU-Israel 2008Action Plan1, the EU should publicly declare that the upgrading of EU-Israel relations is on hold,pending tangible progress in Israel’s respect for human rights and international humanitarian law(IHL) in the OPT and inside Israel. The EU should further clearly state that the deepening ofrelations between the EU and Israel is conditioned on Israel’s fulfilment of these commitments.The EU should not accept a mere declaratory commitment of the new Israeli government to atwo-state solution, if made, but it should also demand from Israel that it translates thiscommitment into concrete actions aiming at reversing its illegal actions in the OPT andimproving the human rights situation of the Palestinian Arab minority in Israel.A ‘business as usual’ approach by the EU towards Israel would amount to a blatant disregard ofIsrael’s violations of human rights and IHL, signaling the EU’s acquiesce in or non-objection toIsrael’s conduct. Moreover, in order to comply with its duty of non-recognition of internationallywrongful acts, the EU must proceed with an upgrade only after it has sought an effective legalsolution to the misapplication of existing agreements with Israel and has put in place effectivesafeguard measures to prevent future breaches of such agreements.1

The EMHRN and FIDH are concerned that beside the political discussion on the upgrade takingplace in Brussels, in practice the upgrade is in fact proceeding and discussions regardingIsrael’s participation in Community Programs and EU agencies have resumed just after Israel’sunilateral ceasefire in January.Meanwhile, the blockade imposed by Israel on the Gaza Strip since June 2007 has not beenlifted as requested by the EU but was further tightened. Vital and basic commodities such asfood and fuel, educational supplies, construction materials, spare parts and cash, are routinelydenied entry into the territory. Reconstruction and rehabilitation efforts to which the EU and EUmember states have pledged support after Israel’s devastating military offensive on the GazaStrip between December 2008 and January 2009 are blocked. This offensive has resulted in thedeath of more than 1400 Palestinians, a majority of whom were civilians, including women andchildren, and to the destruction of an unprecedented scale of civilian infrastructure. Israeli airstrikes and ground incursions have led to the total destruction of at least 3500 homes and thecausing of major damage to 2100 more and have damaged and/or destroyed additional civilianinfrastructure such as public buildings, hospitals and schools. Palestinian, Israeli andinternational human rights organizations have reached the conclusion that Israel hasintentionally and systematically disregarded and violated IHL. However, Israel did not conductany independent and impartial investigation into these alleged violations and refuses, to date, togive access to the UN Human Rights Council’s fact-finding commission lead by RichardGoldstone. The EMHRN and FIDH strongly condemn the indiscriminate launch of rockets byPalestinian factions from Gaza and attacks on civilians but also remind that Israel’s legitimatesecurity concerns do not justify violations of international law and that many of Israel's policiestowards Gaza are not security motivated but rather of political nature.In the West Bank, despite repeated calls from the EU, the expansion of Israeli settlements andthe illegal practices in and around East Jerusalem including the building of new settlements andnew housing units, evictions of Palestinian families from their homes and house demolitionshave accelerated. Physical and administrative obstacles to freedom of movement in and aroundthe West Bank and between the West Bank and Gaza, continue to paralyze the Palestinianeconomy and the daily lives of the people, and to undermine the fundamental right of thePalestinian people to self-determination. In Israel, the Palestinian Arab minority faces increasedthreats where a flood of “anti-Arab” legislation has been introduced in the Knesset (Israel'sparliament) by members of the new government to severely restrict their rights of politicalparticipation, freedom of expression and citizenship.

The EMHRN and FIDH urge the EU to use the upcoming EU-Israel Association Council

meeting to put pressure on Israel to:

•Cease immediately its unlawful measures of collective punishment against civilians inGaza, including the immediate lifting of the blockade and the opening of the crossings togoods and people;Allow access of the UN Human Rights Council fact-finding commission to Israel and toIsraeli political and military officials to conduct its investigation into all violationscommitted during Operation Cast Lead in Gaza;Dismantle and freeze the expansion of settlements and outposts in the West Bank,including East Jerusalem;

Seek an end to restrictions on the freedom of movement of Palestinians in the OPT andto cease Israeli policies of land confiscation and home demolition in the West Bank,particularly in and around East Jerusalem;Ensure that practices amounting to the torture and ill-treatment of Palestinian detaineesby General Security Service (GSS or Shabak) interrogators immediately cease inaccordance with the newly released concluding observations of May 2009 of the UNCommittee Against Torture;Put an end to arbitrary detentions especially to administrative detention, and detentionunder the unlawful combatants' law, which severely violate the due process rights ofdetainees;Promote and respect the civil, political, economic, social and cultural rights of PalestinianArab citizens of Israel, as well as their rights to equitable and fair land allocation, landplanning and housing;Not support the racist and discriminatory laws recently proposed by the Knesset;Resume its stalled human rights dialogue with the EU and to set up as soon as possiblea full-fledged EU-Israel human rights subcommittee.

OPEN LETTER

ON THE OCCASION OF THE EU-ISRAEL ASSOCIATION COUNCIL 15 JUNE 2009

The EMHRN and FIDH urge the EU to use the upcoming EU-Israel Association Council

meeting to put pressure on Israel to: