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INTRODUCTION
University campuses distinguished
by high levels of academic freedom are characterized by open environments
in which students and professors exchange their ideas freely, openly, and
without fear of risk. They are institutions where critical thinking is
developed and valued. This applies to academic writing, campus activities
about internal university matters, as well as to those political issues
that concern the wider society. Furthermore, such universities exact an
environment in which all students have an opportunity for equal education
and one in which students and professors are judged on the merits of their
scholarship.
Five years after the advent of the
Palestinian Authority (PA), Palestinian universities continue as they have
always, to reflect trends of the general society. Today human rights at
risk on a societal level are similarly at peril on campus. The Palestinian
Human Rights Monitoring Group recognizes the vital importance of academic
freedom for the support and preservation of human rights in the wider
Palestinian population. Palestinian universities form the most significant
force for long term national reconstruction and democratization. No other
Palestinian institution can have as dramatic an impact on the intellectual
and technical development of future generations. When academic freedom is
in jeopardy, the development of critical thinking is threatened at its
very foundation. Furthermore, the respect and demand for human rights are
deadened.
There is a common assumption that
the West Bank is freer than Gaza. The PHRMG's research has shown that the
problems of academic freedom are quantitatively and qualitatively worse in
Gaza. The universities in Gaza are governmental which means they are de
facto PA institutions. Furthermore, Gaza universities exist in closer
proximity to the Palestinian Authority and therefore many more people
affiliated with the university are connected to the PA. This report will
show that those who work for the PA receive benefits and protection; those
with no ties often suffer for speaking out. Also, the existence of an
Islamic University in Gaza has led to greater suspicion on the part of the
Authority, with internal and external pressure exerted to squelch Islamic
opposition. We have chosen not to emphasize the differences between the
two areas in order not to create a hierarchy that could lead to the
acceptance of lesser abuses.
The issue of Academic Freedom is a
very sensitive one. A few Palestinian Human Rights organizations, such as
the Palestinian Independent Commission for Citizen's Rights (PICCR), have
covered the subject briefly in their most recent annual report.1 The lack
of published information on this issue stems in great part from the fear
of negative repercussions such as the loss of livelihood or professional
ostracism perceived by Palestinian intellectuals. Students are equally
concerned about risking current and prospective jobs and therefore are
hesitant to speak openly about their experiences on campus. Despite these
obstacles, the PHRMG considers it extremely important to address this
issue. Our hope is that our report will motivate both the academic
community, including administrators and professors, and the Palestinian
Authority to work to foster respect for human rights on campus.
Furthermore, we firmly believe that an improved human rights environment
at the universities will have an impact on the development of democracy
and the strengthening of civil society.
A. 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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