Palestine

Mine Ban Policy

The capture of an Israeli soldier by Palestinian armed groups in Gaza in June 2006 led to renewed military conflict. Subsequently, tensions between Fatah and Hamas escalated, resulting in 2007 in the dissolution of the Palestinian Unity Government, with both Hamas in Gaza and Fatah in the West Bank claiming to be the sole legitimate governing authority of Palestine.

The Palestinian Authority (PA) lacks the international legal status to join international instruments such as the Mine Ban Treaty. It has not made any public statements with regard to the treaty or its policy toward the banning of antipersonnel mines since April 2000.^[1] The PA has not participated in any Mine Ban Treaty-related meetings since May 1999, when its representatives attended the First Meeting of States Parties in Mozambique.

Production and Use

Palestinian militias are considered expert in the production and use of improvised explosive devices (IEDs). Some groups have reportedly lifted mines from border minefields and used the high explosives to make other kinds of explosive devices.^[2] In May 2006, according to a military spokesperson, the Israeli navy seized a Palestinian fishing boat near the Gaza Strip filled with several hundred kilograms of TNT explosive, as well as parts that could be used to make landmines.^[3]

The Mine Ban Treaty prohibits not only antipersonnel mines but also explosive booby-traps and IEDs that are victim-activated. Media and other reports are not always clear whether devices involved in explosive incidents were victim-activated or command-detonated, or use terms interchangeably, citing the use of bombs, landmines, booby-traps and IEDs in the Occupied Palestinian Territories (OPT) without making distinctions.

Since May 2006, many news reports have given details of use, or preparations for use, of explosive devices, including booby-traps, landmines and IEDs by Palestinian militias to counter Israeli military action in Gaza.^[4] Most media reports appeared to be referring to homemade antivehicle mines (IEDs) that were command-detonated.

While Landmine Monitor is unable to confirm any specific instances of use of antipersonnel mines or victim-activated IEDs, the following reports are those mostly likely to have involved such use. In July 2007 Palestinian groups reportedly used landmines against Israeli troops as they operated in the central Gaza Strip.^[5] On 14 June 2007, Hamas militants reportedly used landmines in attacks against the preventive security complex controlled by Fatah.^[6] On 27 January 2007 two Palestinians died in Beit Lahiya in northern Gaza when a landmine they were burying exploded prematurely.^[7] In November 2006 Palestinian groups reportedly used landmines against Israeli troops as they moved into the towns of Beit Hanoun and Jebaliya in northern Gaza.^[8]

There was only one allegation of Israeli use of mines in the OPT in the reporting period. A June 2007, Palestine Liberation Organisation (PLO) report alleged that five children were killed by a landmine laid by the Israeli army in Rafah city in Gaza.^[9]

Landmine and ERW Problem

The OPT are contaminated with landmines and explosive remnants of war (ERW), although the precise extent of contamination is not known. There are at least 15 confirmed minefields, all located in the West Bank on the border with Jordan. It was previously suspected that landmines had also been laid by Israeli forces on the border between Egypt and Gaza and in various areas across the Gaza Strip, as well as at blockades that separate the Palestinian governorates and in some Palestinian-inhabited buildings.^[10] In July 2007 there was a press report of Palestinian militants laying landmines against Israeli incursions into the OPT.^[11]

ERW are mainly a result of the conflict between Israel and the Palestinians, but probably have been added to by combat between Fatah and Hamas, particularly in the Gaza strip.^[12] Both abandoned explosive ordnance and unexploded ordnance (UXO) are found throughout the OPT. Explosive ordnance includes Israeli munitions such as unexploded missiles, grenades and small arms ammunition, as well as booby-traps. In March 2007, for instance, the UN reported that flash flooding led to the discovery of four unexploded Israeli artillery shells.^[13] A further hazard arises from Palestinian IEDs, including homemade mortars, rockets, mines and roadside bombs. An assessment mission by the UN Development Programme (UNDP) in 2005 concluded that mine/ERW contamination in Palestine was mainly a UXO/IED “recycling problem.”^[14]

Mine Action Program

Responsibility for the management and coordination of mine action in Palestine is unclear. It has been ostensibly coordinated, monitored and prioritized through the National Mine Action Committee (NMAC), which was established in 2002 and has been chaired by the Ministry of Interior since 2006.^[15]

In practice, the activities of NMAC have been restricted primarily to coordinating awareness-raising and mine risk education activities.^[16] A planned reform of the NMAC to create the Palestinian National Mine Action Committee (PNMAC) was initiated by ministries of the interior and planning in 2006. According to UNDP, it was expected that the legal basis of PNMAC would be achieved by presidential decree during 2007.^[17] It was also envisaged that a mine action center would be established, although this had not taken place as of August 2007 due to a lack of funding in the context of unstable political relations between the former Hamas government and international donors.^[18]

UNDP earlier noted “an urgent need to expand mine action programming and strengthen the institutional framework through technical assistance so as to ensure the establishment of a mine action policy, clear strategy, and formal structures at all levels.”^[19]

Mine/ERW Clearance

Palestinian police explosive ordnance disposal (EOD) teams are reported to be the only body engaging in demining operations in the OPT.^[20] The Israeli Defense Forces (IDF) also clear mines and UXO on an emergency basis in some parts of the OPT.^[21] There was said to be limited cooperation between Palestinian EOD teams and the IDF. This has sometimes forced EOD police to work in civilian clothes and carry equipment in civilian cars.^[22]

A 2005 UNDP assessment reported that although police EOD capacity is large enough to deal with the ERW problem, training and “more importantly” equipment and vehicles, were lacking.^[23] There had been no equipment upgrades as of August 2007, but overall coordination was said to be sufficient, given the unstable situation in the OPT.^[24]

A European Union Coordinating Office for Palestinian Police Support (EUCOPPS) project operated from May 2005 to March 2006. Although its final report concluded that it had succeeded in increasing civil police EOD capacity, an EUCOPPS monitoring mission in 2006 noted that refresher and advanced/specialized training courses were needed.^[25] These courses had not taken place as of August 2007.^[26]

There was no available data on the results of mine/ERW clearance for 2006 or 2007.^[27]

Mine Risk Education

In 2006, mine risk education (MRE) in the West Bank and Gaza was provided by the Palestine Red Crescent Society (PRCS), with technical and financial support fom UNICEF and the International Committee of the Red Cross (ICRC). MRE targeted children and vulnerable groups of adults in high-risk areas. In 2006, at least 81,892 people received MRE in Palestine, a considerable increase on 2005 (59,720 people). However, MRE is reportedly still relatively limited as mine action “is not on the top of the Palestinian Authority agenda as basic needs of the population are.” ^[28] PNMAC does not coordinate MRE in Palestine, but MRE strategy is informally discussed between the Ministry of Interior, UNICEF and the PRCS.^[29]

The Palestine Red Crescent Society in cooperation with UNICEF organized MRE from May 2006 to March 2007 in the West Bank in Jenin, Tubas, Tulkarm, Nablus, Qalqilyah and Hebron districts, as well as in the Gaza Strip in Northern Gaza, Gaza city, the Middle Area governorate, Khan Younis and Rafah. The selected high-risk areas included areas along border lines, in the vicinity of settlements or Israeli training camps and checkpoints as well as areas prone to incursions or armed clashes. In 2006, 56,863 children and 25,029 adults received MRE by 200 newly trained PRCS volunteers; training included basic knowledge on mines and ERW, facilitation skills with children and awareness raising techniques.^[30] The ICRC provided the PRCS with technical and financial support which ended in 2006.^[31]

UNICEF reported that the focus of MRE would in future be on small arms and light weapons as they constitute the biggest threat for the Palestinian population.^[32]

Landmine/ERW Casualties

In 2006, Landmine Monitor recorded at least 34 new mine/ERW casualties including 12 people killed and 22 injured; the number of IED casualties is unknown. The majority of casualties were children (23, 68 percent) and 11 were adults; all were civilians. Thirteen casualties occurred in the West Bank and 21 in the Gaza Strip. The majority of incidents were caused by ERW (32), but mines accounted for at least two casualties. Within this total, 31 casualties were collected by the UN Office for the Coordination of Humanitarian Affairs (OCHA) and the Palestine Red Crescent Society, including nine people killed and 22 injured (20 children).^[33] Defense for Children International, Palestine Section (DCI/PS) recorded three fatal ERW child casualties in the Gaza Strip.^[34] They were unable to confirm two child casualties in the West Bank they had reported for 2006 in Landmine Monitor Report 2006.^[35]

Landmine Monitor identified one additional incident in June 2006 caused either by a missile attack or a missile dud from the previous day’s shelling, which killed seven members of a Palestinian family, including five children, and injured dozens more in the outskirts of Beit Lahiya. The incident is listed under the category “disputed circumstances” by OCHA.^[36] If the casualties were caused by ERW they should be added to the 2006 total.

The 2006 casualty rate appears to have decreased significantly compared to 2005 (363 casualties), but reliable comparison with previous years cannot be made due to changes in information providers and their methods of data collection, lack of a complete and standardized data management system, and under-reporting of casualties caused by illegal activities and security obstacles. The majority of casualties reported by the EOD police and EUCOPPS in 2004 and 2005 were said to be caused by IEDs (59 percent) and handling ERW (41 percent), but these sources were unable to provide casualty information for 2006.^[37] Limited information from other sources indicates an increase in casualties in 2006 compared to 2005, when DCI/PS recorded 28 casualties (seven killed and 21 injured).^[38]

OCHA acknowledged that casualties were under-reported and the PRCS estimated that at least 20 percent of casualties went unreported. In addition, the PRCS stated there often is a lack of detailed information on casualties as families are hesitant to give details on gender, location and activity at the time of incident.^[39]

Casualties continued to be recorded in 2007 and at a higher rate than in 2006, with at least 49 casualties (12 killed, 37 injured) by July 2007. Within this total, OCHA/PRCS reported 42 new mine/ERW casualties (seven killed, 35 injured); almost all were caused by ERW, and at least seven of the casualties were children. The vast majority of casualties occurred in Gaza (38), due to expanded conflict and increased ERW contamination. Only four casualties were reported in the West Bank.^[40] DCI/PS recorded five fatal child ERW casualties in Gaza in 2007.^[41] Landmine Monitor media analysis identified two additional mine casualties: in July a 10 year-old boy and his 17 year-old cousin were severely injured while clearing land around their home in Gaza.^[42] The UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) reported that eight Palestinians were killed and 47 injured in explosive incidents in Gaza from January to July, but details were not provided on the cause of the incidents. Most of the casualties were boys younger than 16.^[43]

Data Collection

There is no comprehensive and reliable data collection mechanism in the OPT and it is not clear who has the final responsibility to collect casualty information. Hospitals do not register the cause of incidents; actors such as OCHA, PRCS, DCI/PS and the EOD police only collect limited data. Many people do not seem to know where to report ERW casualties and they are reluctant to report casualties related to illegal activities or scrap metal collection.^[44] In 2006 the PRCS started using a mine/ERW casualty information reporting system, which should become the basis of the future centralized database.^[45] As of July 2007 the PRCS reporting remained incomplete.^[46] EUCOPPS receives casualty data via the Palestinian police EOD commander in Gaza who collects information through police EOD interventions. Due to internal Palestinian clashes, EOD police are carrying out fewer tasks, information exchange between Gaza and the West Bank has been limited and EUCOPPS does not have access to updated casualty information.^[47] However, EOD police data recorded previously indicated that approximately 70 percent of EOD tasks were carried out in Gaza and all involved ERW and IEDs.^[48] ERW contamination and risk-taking behavior out of economic necessity have probably increased due to the intensified conflict in 2006-2007. “Some incidents classified as UXO incidents” are related to the preparation of explosive devices by militant groups.^[49]

In 2006, UNDP reported that the establishment of a central monitoring system at the Ministry of Health should be a priority for the Palestinian National Mine Action Committee.^[50] However, as of July 2007, this had not been developed.^[51] Because of internal turmoil and political and financial challenges, mine action is not a priority for the Palestinian Authority.^[52]

The total number of Palestinian mine/ERW casualties in is not known, but DCI/PS recorded more than 2,500 people killed and injured by mines between 1967 and 1998. Landmine Monitor identified at least 199 mine/ERW casualties between 2000 and the end of 2006 (49 killed and 150 injured). EUCOPPS recorded an additional 550 ERW/IED casualties in 2004-2005 (65 killed, 485 injured).^[53]

Survivor Assistance

There are no special programs for mine/ERW survivors, but conflict-disabled people and war victims constitute a significant proportion of society. According to the Palestinian Medical Relief Society some 40,000 people have been injured in the Palestinian-Israeli conflict since 2000; 10 percent were permanently disabled.^[54]

Health services in Palestine are mostly provided by the Ministry of Health which, under normal circumstances, supplies 70 percent of all health services. In 2006-2007 the healthcare system was severely affected by the expanding conflict, roadblocks and closures, sanctions against the government and delays in value-added tax returns. This resulted in strikes of government medical staff who had not received salaries since March 2006. Since August 2006 most West Bank government hospitals and healthcare centers have operated on a skeleton staff and only provide emergency services.^[55] As humanitarian access to Gaza is extremely limited, medical supplies have become scarce; and frequent power and water cuts further hampered services. The economic situation of most people has deteriorated rapidly.^[56]

Physical rehabilitation services are relatively well-developed in the OPT, but almost all the services are provided by NGOs due to the PA’s financial and technical constraints. The Ministry of Health is responsible for coordinating rehabilitation services, but the referral system is weak and patient registers poorly developed.^[57] Psychosocial support, vocational training and economic reintegration projects are offered by several organizations, but remain limited. Opportunities for people with disabilities are further limited by high unemployment and movement constraints.

The PA provides health insurance that includes disabled people although the quality is reportedly poor. Palestinian residents of the OPT injured by Israeli acts are not entitled to insurance or compensation under the Israeli National Insurance Services and cannot take their cases to Israeli courts.^[58]

Palestine has legislation to protect the rights of people with disabilities, but implementation has been lacking.^[59]

Survivor Assistance Strategic Framework

One of the main recommendations of a 2005 UNDP assessment was the development of a comprehensive mine action strategy, including survivor assistance and data collection. However, the recommendations remain largely unimplemented.^[60]

Services for people with disabilities are provided by the ministries of health, education and social affairs, the PRCS, NGOs and UNRWA. Reportedly, the Ministry of Education is the only governmental body actively involved in disability issues.^[61] The PA relies heavily on NGOs to provide assistance but many organizations lack funding and have difficulties gaining access to Gaza.

At least 34,920 people with disabilities received services in 2006, but the number of mine/ERW survivors benefiting was unknown.

The Bethlehem Arab Society for Rehabilitation (BASR) is a Palestinian NGO providing comprehensive medical, rehabilitation, social, educational and economic reintegration services for people with special needs. The Crisis Intervention Program provides psychosocial support to children and families traumatized by conflict in the Bethlehem area. Services are free of charge for those who cannot afford the cost; others pay according to their standard of living. Mine/ERW casualties are rare but started to increase due to expanded conflict.^[62]

The Palestine Red Crescent Society provides a wide range of center and community-based health, physical rehabilitation, psychosocial, economic and other humanitarian services in the OPT and for Palestinian refugees elsewhere. Its national emergency number receives on average 240 calls per day. PRCS also organized sports and arts programs for disabled children and a disability awareness campaign which reached 7,493 people in 2006. The number of people receiving physical rehabilitation increased and those receiving occupational rehabilitation remained similar to 2005; but some other services decreased by 15-50 percent, especially community-based rehabilitation, due to security issues. PRCS trained 238 staff and 763 university students in rehabilitation issues. To lead by example, PRCS recruited 75 people with disabilities in its centers in 2006, bringing the total to 130.^[63]

The ICRC continued to provide financial and material assistance to the PRCS in 2006, by covering salaries and some operating costs. It also conducted a workshop on emergency medical services for PRCS staff.^[64]

The UN Relief and Works Agency is one of the main service providers for Palestinian refugees, operating health, education, relief, social, micro-finance and micro-enterprise programs. In 2006 the demand for assistance grew among the refugee population, and increased the agency’s financial constraints.^[65] UNRWA reported a growing demand for physical rehabilitation as a result of the increased violence; an additional physiotherapy unit was opened in the Baqa’a camp in Jordan. A 15 percent increase in people receiving physical rehabilitation services was noted.^[66]

Palestinian Medical Relief Society (PMRS), a Palestinian NGO based in Ramallah, operates emergency health and community-based rehabilitation programs. All services are offered free of charge.^[67]

Funding and Assistance

No international contributions for mine action in Palestine were reported in 2006. The 2006 end-year review of the UN’s Portfolio of Mine Action Projects reported that Palestine received only two percent ($49,950) of funds requested through the appeal process in 2006, from the United Kingdom.^[68] The UN Mine Action Service (UNMAS) reported that the change in Palestinian government in 2006 resulted in a drastic reduction of international aid to mine action.^[69]

The 2007 Portfolio of Mine Action Projects includes four project appeals for Palestine totaling $1,606,335, none of which had been funded by November 2006.^[70]