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Structure of the Report
This report presents a summary of findings on the
extent and nature of human rights violations at the major universities in
the West Bank and Gaza Strip. The background section opens with an
examination of international norms. It is followed by a discussion of the
human rights situation under the Israeli occupation before and during the
Intifada. Both because the history of the Palestinian University has been
documented elsewhere and because the PHRMG's mission is to combat current
violations, the bulk of the report concentrates on human rights abuses
since the inception of the Palestinian Authority. In the final segment of
the background section, we have included a section on the neighboring Arab
countries of Jordan and Egypt. These two countries have been chosen
because as neighboring states, they have influenced the legal system and
the political culture of Palestine. Furthermore, many Palestinian
academics were educated in these two countries and brought the memory of
their experiences at foreign universities home to Palestine. There are
many differences between the Palestinian and Egyptian and Jordanian
systems. The differences are delineated not to attribute any qualitative
advantage to Palestinian University life but merely to point out what is
unique about the Palestinian case and to cite a historical example to help
in analyzing the modern Palestinian campus. The PHRMG is appreciative of
the legitimate security concerns confronting the Palestinian Authority and
is aware that it is a difficult task to balance the complex demands of
contemporary Palestinian life. Nonetheless, security should not be placed
above human rights.
Section two considers the issue of security on
campus including the creation and duties of the University Security
Administration as well as the activities of other security services at
Palestinian Universities. The presence of security officers on campus has
led to the repression of freedoms of expression and association for both
students and faculty. The subsequent two sections, therefore, deal with
the restrictions facing students and faculty respectively
A significant problem is the arrests of students
by the Palestinian Authority as well as by Israel. The report addresses
the tension between the protections of freedom of expression and
association and the legitimate punishment of activists who incite
violence. The Israeli government continues to restrict the freedom of
movement of students and faculty between Gaza and the West Bank. This
violation infringes on academic freedom and is therefore summarized in
this report. However, since other organizations have been following the
issue, we have chosen to focus our report on other questions of academic
freedom and to refer the reader to the work of our colleagues in the
field. Other constraints on student activities include interference with
elections and with the publication of student pamphlets. The role of the
student movements and the democratization of the student councils are
linked to university freedom and this report touches on election
violations. It is beyond the scope of this report, however, to address
fully the current situation of the student movement.2
Following the discussions of student life, the
subject of abuses of faculty's academic freedom is developed. A number of
cases are documented here, but the case of Dr. Fathi Subuh stands out.
While his situation may seem extreme and we are aware that his may be an
exception, his case encapsulates several types of violations currently
manifested under the PA. Furthermore, it is the duty of human rights
organizations to document and to report on the most flagrant human rights
violations. Finally, because of financial and time constraints of the
PHRMG, we have decided to concentrate on cases about which there is ample
access and information.
Universities are microcosms of society and as
such encompass many activities. Since the establishment of the Palestinian
Authority, employment has been a major source of tension for the
Palestinian people. In the final stages of research for this report, a
strike broke out at many of the universities. The strike had to do with
the money, which was to have been transferred from the PA to the
universities in order to pay workers' salaries; because of the failure in
transferring these funds, professors and other staff members had not been
paid in over four months. The PHRMG considers these economic and social
rights critical to the human rights struggle and plans to investigate the
issues further. For the time being, the issue is briefly analyzed at the
end of the section on faculty. The PHRMG will continue to investigate and
document abuses of academic freedom in the future.
The PHRMG recommends that the Palestinian
Authority recommit itself to higher education and, in so doing, pledge
sufficient financial and human resources in order to advance the research
and teaching at Palestinian universities. We also propose that the PA
rescind all security measures implemented solely for the purpose of
controlling the academic community.
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