A Wall in
the Heart
The
Separation Barrier and its Impact on the Right to Health and on Palestinian Hospitals in East Jerusalem
Written by Ibrahim Habib
Researched by Hadas Ziv and Ibrahim Habib
Edited by Hadas Ziv
English translation by Tamar Bash
Graphics and print by Gafrourei Dafdefet
Maps provided by OCHA, the United Nations Office for the Coordination of
Humanitarian Affairs and by Health Inforum
Photographs: Niv Kahlili and
Ibrahim Habib
Thank you to our donors
A special thank you to Hagar Goren
ISBN
Contents
Forward, Dr. Omar M. Abdul Shafi
Introduction
The Separation Barrier in
Jerusalem
The City Gates:
Checkpoints between the
West Bank and
Jerusalem
The Barrier and the Law
The Barrier and the Right to Health:
Jerusalem as a
Medical
Center
Palestinian Hospitals
in
East Jerusalem
The Target Population
Dying Slowly: The Barrier's Impact on Hospitals in
East
Jerusalem
Suffocating
Jerusalem:
Summary
Appendices
Forward
The detrimental effects of
the separation barrier are countless whether they are social, economical,
educational, political or otherwise, but they are most pronounced in the part
engulfing
East Jerusalem. The Palestinian population of the
West
Bank is being systematically cut off from
East
Jerusalem and, by the same token,
East Jerusalem
is being deprived of its lifeline i.e. the continuous flow of people and
merchandise through it.
Physicians for Human Rights
(PHR), ever so diligent in pursuing human rights issues, have organized
numerous activities to try and bring about public awareness of this atrocious
measure being applied under the pretext of Israeli security.
In the following,
professionally researched and compiled, report, PHR is concentrating on the
impact of the separation barrier on the health sector in
Jerusalem. This aspect is not to be taken lightly since
Jerusalem
is not only the centre of Palestinian spiritual life, but also where the most
advanced Palestinian medical facilities are located. The adverse effects of the separation
barrier, on the health sector, have just started to show in three main
aspects. The first is the faltering
number of patients managing to reach
East Jerusalem
hospitals, since many patients have to wait for varying periods of time to be
granted permits to enter
Jerusalem
and, many a time, alone without a companion.
The second is the difficulty in getting permits for Palestinian
personnel (
West Bank and
Gaza
residents) employed by
East Jerusalem health care
providers. Those permits are sometimes
given according to a certain quota that often doesn't fulfill the needs of
those institutions, moreover, the permits are rendered void whenever a new
closure is imposed and new permits have to be issued all over again. The third is the financial suffocation of
East
Jerusalem hospitals by the lowered occupancy rates and the ensuing
huge financial losses. Depriving the
hospitals of their West Bank and Gaza patients has caused them to fall under
the mercy of the Israeli
Kupot Holim (health care organizations) that
are imposing harsh contracts on them knowing that the hospitals have no other
alternative e.g. in Diagnosis Related Groups (DRG) it is normal for an Arab
hospital to be paid 33% while a similar Israeli hospital is paid no less than
70 – 80% of the DRG.
This report is raising issues
that need to be addressed if we are to avert the approaching calamity.
The separation barrier is
doing both the Palestinians and Israeli's a great injustice for which the
future generations will pay dearly. By preventing people from getting in
contact and dealing with one another, the perception of the human potential on
the other side ceases to exist, fueling, therefore, more hatred and violence.
Dr. Omar M. Abdul Shafi, FRCS Glasg.
Director of the Austrian-Arab Community Clinic, Old Sity-Jerusalem.
Introduction
This report addresses the impact of the separation barrier
[1] being
constructed in
Jerusalem on
Palestinian hospitals in
East Jerusalem. The report discusses how the barrier affects
access to the city's hospitals by the Palestinian population in the Gaza Strip,
the
West Bank and communities adjacent to
Jerusalem.
It also addresses the difficulties experienced by these hospitals as a result
of being cut off from the communities they serve. Whether by intentional policy or as a
by-product of separation, the barrier threatens these hospitals' continued
existence.
Over the years, a status quo was maintained by which
East
Jerusalem enjoyed special standing, and its relationship with the
rest of the
Occupied Territories
was preserved. More blatantly here than anywhere else in the
West
Bank, separation resembles surgery to disengage Siamese
twins. A large Palestinian population
has been annexed
de facto to the State of Israel and forcibly
disconnected from its natural community in the
West Bank. Similarly, a broad community who depended
upon
Jerusalem as its economic and
social center and for health care and educational services is no longer able to
gain access to the city.
This report discusses the various populations that are affected by forced
separation. While we focus on access to health care, we are aware that what we
describe in this realm is true for other aspects of life as well. In the first
part of the report we briefly survey the barrier and its legal status. We then
address the various groups of people whom it impacts, each on a different
scale. We demonstrate how the barrier cuts off
Jerusalem
residents who have residency status in
Israel
from the city and from their
kupat holim (health maintenance
organization, or HMO) facilities, and how
Israel
shirks its responsibilities toward them. We also show how Palestinian spouses
in "mixed" families (
one spouse Palestinian, one spouse
Palestinian with Israeli residency/citizenship status) become prisoners in
their homes, unable to get medical treatment, as well as how Palestinians
residing in other parts of the Occupied Territories are no longer able to reach
Jerusalem hospitals, even when the care they need is unavailable in the West
Bank and the Gaza Strip.
Finally, the policy of closure, of which the barrier is the most extreme
representation, will decide the fate of
East Jerusalem
as the center for Palestinian healthcare. Beyond the barrier's obvious effect
on access to quality health care, these hospitals have also been a symbol of Palestinian
presence in the city, especially after the closing of the Orient House, and
witness to its centrality for Palestinians.
Israel
will tolerate, albeit with obvious discontent, Palestinian Jerusalemites as
individuals. However, it will not accept
them as a national entity, certainly not in its capital city. The barrier,
which determines – unilaterally and without being disrupted -- the
de facto
boundaries of annexation, is establishing the city's character for the
foreseeable future. By this perspective, the suffocating of hospitals is part
of a well-planned strategy of separation.
As stated, this report is not intended to address the entirety of the
barrier's detrimental effects, which include overcrowding in Palestinian
neighborhoods west of the barrier and exacerbated poverty resulting from
cutting off economic ties, despite the obvious bearing these factors have on
the capacity to realize one's right to health.
[2] In
this report, rather, we have decided to focus on the barrier's critical impact on
freedom of movement, and consequently, on access to health care services, and
its implications for Palestinian hospitals.
The Separation Barrier in Jerusalem
(For a detailed description of the barrier, see Appendix 1)
On
July 18, 2001,
the Israeli cabinet approved a plan to construct a separation barrier between
Israel
and the
West Bank. This decision was made in the wake of
an attack on a nightclub on the Tel Aviv promenade on July 2 that claimed tens
of victims; the attack was carried out by a Palestinian suicide bomber who
entered
Israel
from the
West Bank. Later that year, the Ministerial
Committee on Security Affairs decided to construct a wall around the city of
Jerusalem
as well following the
December 1, 2001
suicide bombing in central
Jerusalem's
Ben Yehuda pedestrian mall. Known as "Enveloping Jerusalem", the
declared objective of this wall was to prevent entry of Palestinians from the
Palestinian Authority's jurisdiction into the city.
It was decided that generally the
Jerusalem
barrier would be built on the city's municipal limits
[3]. In the summer of 2002, the state had already
begun building sections of the separation barrier around
Jerusalem
in the first implementation phase of the separation plan. On
September 11, 2002, the Israeli cabinet
approved the "Enveloping Jerusalem" plan, e.g., surrounding the city
with fences/walls from the south, east and north
[4]. The cabinet determined the current route of
"Enveloping Jerusalem" on
February
20, 2005.
The
Jerusalem barrier is
approximately 90 kilometers long
[5]. In built-up urban areas, separation has been
achieved via a concrete wall; in rural areas an electronic fence has been
erected. Most of the
Jerusalem
barrier's route has already been completed, with the exception of places where
there is debate over the route including areas where a ruling is expected from
the High Court of Justice.
The building of the "Enveloping Jerusalem" barrier has not yet
been completed. In some areas, the
barrier has been, or is intended to be, built adjacent to
Jerusalem's
municipal boundary, and elsewhere strays from it, either leaving neighborhoods
that are within
Jerusalem's
jurisdiction outside of the barrier, or annexing settlements that are not
within the city's jurisdiction. For example, the neighborhoods of Kafr 'Aqab,
north of Qalandia and the Sho'efat refugee camp, east of Jerusalem, are within
Jerusalem's municipal jurisdiction but have been cut off from the city
[6],
while the Ma'aleh Edumim, Pisgat Ze'ev and Giv'at Ze'ev settlements have been
annexed to it via the barrier.
The City Gates: Checkpoints
between the West Bank and Jerusalem
When arguments are made regarding the barrier's destructive impact on
the quality of life of residents of
Jerusalem
and the periphery dependent on the city, the crossings are often raised as a
magic solution to the problem. Past experience shows that the security forces'
checkpoints, sophisticated as they may be, cannot be, and are not intended to
be, a real solution to the problem of freedom of movement in general, and
specifically for crossing of patients, ambulances and medical staff
[7].
In any case, at the time of this writing, construction of checkpoints
intended to allow passage between the city and the
West Bank,
has not been completed. For now, the Palestinian
population continues to endure the difficulties involved in crossing improvised
checkpoints and temporary gates along the barrier, until the "modern"
checkpoints the military has "promised" are constructed. These
checkpoints will not be constructed before a great deal of additional
Palestinian land is seized in order to build pathways, parking lots and
terminals.
The location of the checkpoints is very important, as is the quality of
services they provide, especially for emergency transfer of patients. The
Palestinian population is wary of Israeli promises regarding the expected
"quality of services" in view of past and present experience with the
Israeli military and border police at existing checkpoints. Violence by soldiers towards residents, overcrowding
at checkpoints and arbitrariness of decisions, have all seriously infringed on
Palestinians' quality of life, and have even cost human life when access to
urgent medical treatment has been denied.
In addition, there is no doubt that the security forces will likely
construct the minimal number of checkpoints necessary, so as to achieve maximum
control over the entry of Palestinians from the
West Bank
into
Jerusalem. Limiting the number
of checkpoints that allow crossing significantly harms the Palestinian
populations' basic rights: schoolchildren, workers and patients will have to
walk or drive a longer distance than usual in order to get to the checkpoints.
The location and number of checkpoints along the
Jerusalem
barrier have not yet been determined.
The largest among them will replace the Qalandia checkpoint
[8] in
the north, and is intended for the passage of up to some 4,200 people per hour.
The Barrier and the Law
Jerusalem in the Oslo
Accords
The September 1993 Declaration of Principles explicitly states that the
issue of
Jerusalem is to be
included in the permanent status negotiations.
[9] It
also states that the outcome of the permanent status negotiations should not be
prejudiced or preempted by agreements reached for the interim period. The 1995 Interim Agreement emphasizes that
the Palestinian Council's jurisdiction does not include issues left to the
permanent status negotiations, including
Jerusalem.
Clearly, leaving the issue of
Jerusalem
for the permanent status negotiations obligates both sides not to take
unilateral steps that may change the status quo in
Jerusalem.
Building the barrier, like any action that brings about changes in the existing
situation in
Jerusalem (i.e.,
massive building, policies aimed at changing the demographic balance,
separation of
Jerusalem from the
West
Bank) therefore constitutes a breach of the Agreement.
The Roadmap
The Roadmap repeats
what was stated in every previous negotiation:
the issue of
Jerusalem is to
be deferred to the permanent status negotiations, as is the case with the
issues of refugees and settlements. It recognizes the need for Palestinian
institutions in Jerusalem, and emphasizes that the Israeli government is to
re-open the Palestinian Chamber of Commerce and other closed Palestinian
institutions in East Jerusalem, based on a commitment that these institutions
will operate strictly in accordance with prior agreements between the parties.
The Roadmap also states that the parties will
reach a permanent status agreement ending the occupation that began in 1967,
which will include an agreed, just, fair, and realistic solution to the refugee
issue as well as a negotiated resolution on the status of Jerusalem that takes
into account the political and religious concerns of both sides, protects the
religious interests of Jews, Christians, and Muslims worldwide, and fulfills
the vision of two states: Israel and a sovereign, independent, democratic and
viable Palestine, living side-by-side in peace and security. As in previous
agreements, deferring the discussion on the status of
Jerusalem
requires that neither side take any unilateral action that could change the
existing reality in
Jerusalem.
The Legal Struggle
On
June 30, 2004,
the High Court of Justice ruled that thirty kilometers of the barrier's
forty-kilometer route west of
Jerusalem
were illegal. The petitioners, residents of the Palestinian villages Bidu and
Beit Suriq, joined by a group of Israelis from neighboring Mevasseret Zion,
argued that the barrier's route was determined by political, rather than
security, considerations. The petitioners protested the harsh violation of
Palestinian residents' rights to health care, education and livelihood, caused
by their being cut off from adjacent cities and from their agricultural lands.
The High Court of Justice instructed the state to halt construction of
the barrier in the area, and to come up with an alternate route that balances
security needs with the rights of the Palestinian population. The High Court justices, headed by Supreme
Court President Aharon Barak, determined that a "measured" route must
be chosen, one that achieves a balance between security considerations and the
needs of the Palestinian population, even if this means that a lesser level of
security is attained as compared with another possible route.
[10]
This ruling, regardless of whether it was handed down in the shadow of
concerns about the opinion set to be given the following week by the
International Court in Hague, was nonetheless the first time the Israeli court
system invalidated the barrier's route and compelled the state to take the
needs of the Palestinian population into account, and not employ political
considerations in planning of the route.
However, these standards were not maintained a few months later, when
the justices of the Israeli High Court discussed the considerations for
determining the barrier's route in the a-Ram/Dahiat al-Barid area of northern
Jerusalem.
The International Court of Justice in the
Hague: On
July
9, 2004, the
International Court
in
the Hague issued an advisory
opinion on the legality of the barrier. The opinion included the following
points:
In article 143: The construction of the barrier
constitutes a violation by Israel of various
international obligations incumbent upon it.
In article 145: Israel must cease
the construction of the wall immediately, demolish the portions of the wall that have been constructed, and
make
reparations to the Palestinian residents of the West Bank and East
Jerusalem who have suffered damage because of the
wall. Israel is also
obligated, under the Fourth Geneva Convention and international
humanitarian law, to prosecute persons responsible for the planning and
construction of the wall, which are prima facie illegal actions.
In article 159: The court believes that all states are
under an obligation not to recognize the construction of the wall, not to
render assistance in maintaining the situation created by such
construction, and to ensure Israel's compliance
with international law.[11]
The UN General Assembly was convened on
July 20, 2004, following the advisory opinion by the
International
Court, and voted to demand that
Israel
heed the legal obligations stated in the advisory opinion. The Assembly also requested the UN
Secretary-General to submit a document detailing the damages caused to the
Palestinian population as a result of the wall's construction. To date, no such document has been submitted
by the Secretary-General.
[12]
On
August 19, 2004,
the Israeli High Court of Justice instructed the state to submit its response
to the International High Court's opinion within one month. The state's
response was not officially given until six months later, on
February 23, 2005. In it, the state claimed
that
Israel is
not legally bound by the Hague decision, just as other countries are not.
Israel
also argued that the information brought before the Hague tribunal was
incomplete and inaccurate, and that from the outset,
Israel
opposed raising the issue of the wall's legality before the
International
Court. The state further argued that
the
Hague opinion constitutes no more than legal advice to
the UN General Assembly, and that it is not a binding court ruling or judgment.
[13]
Indeed, despite the UN resolutions calling upon
Israel
to respect international law, and contrary to the
International
Court's opinion, construction of the wall
continued uninterrupted on the ground.
The exceptions were the areas in which the High Court of Justice ordered
that construction be halted for a limited time, as well as a minor alteration
of the barrier's route around the villages northwest of
Jerusalem.
The "Jerusalem
Petition": As noted, the Israeli High Court's
June 30, 2004 decision regarding the barrier's
route west of
Jerusalem established
a certain standard, by which the needs of Palestinian residents were to be
taken into account, and political considerations were to be avoided in
determining the barrier's route. On the
face of it, this standard obligated the state in the future as well. However,
in the June 2005 High Court of Justice petition regarding the barrier's route
near a-Ram in northern
Jerusalem,
the issue received completely different treatment. In this case, the State Attorney's office
informed the court that the barrier in the Jerusalem area had political, not
only security, significance, citing the political implications involved in
moving the barrier adjacent to
the Jewish neighborhoods,
while
leaving Palestinian residents of East Jerusalem on the other side: "…the
political consideration is a relevant consideration regarding the route that
runs within Israel
."
[14] It
appears that the High Court accepted the state's contention that in regard to
East
Jerusalem, the route is considered to run within
Israel,
that is, within its area of sovereignty.
Justice Barak clarifies: "Talking about
East Jerusalem
as occupied territory is not valid as far as we are concerned." Barak adds
that "the question whether the fence has political significance is very
important for the fence constructed in the areas of
Judea
and
Samaria, but is not relevant to
a fence within
Israel.
The state says, in fact: there is a municipal boundary and it is our right as a
state to construct a fence on our boundary, the state's boundary."
[15] In
this state of affairs, it is clear that the Israeli system has no constraints
that can prevent or even mitigate the serious damage the barrier causes by
disconnecting
Jerusalem from the
West
Bank.
A number of international organizations headed by Amnesty
International called upon
Israel
to halt the construction of the barrier in the
Occupied
Territories and to respect
international law. The organization also asked the international community to
ensure that
Israel
fulfill its obligations to the Palestinian people according to the Fourth
Geneva Convention. Amnesty's
February
2, 2004 press release asserted that the barrier violated
international law and caused serious human rights violations. It also stated that by building the barrier,
Israel
prevented the Palestinian population's access to basic services such as health
care services, food, education and jobs. Amnesty recognized
Israel's
right to protect its citizens by building a wall on the Green Line, but not in
the
Occupied Territories. It was further stated that there was no
justification in international law to provide protection to settlers, whose
very existence in the
Occupied Territories
is considered a violation of international law, at the expense of the
Palestinian population.
[16]
John Dugard, Special UN Commissioner's Rapporteur on the Situation of
Human Rights in the Occupied Territories, stated in his
September 8, 2003 report: "Like the settlements it seeks to
protect, the Wall is manifestly intended to create facts on the ground. It may
lack an act of annexation, as occurred in the case of
East Jerusalem
and the
Golan Heights. But its effect is the same:
annexation.
[17]"
Dugard repeated this statement a year later: "Now
Israel
is seizing
East Jerusalem by constructing a Wall around
Greater Jerusalem to enclose settlements and Palestinian parts of
East
Jerusalem. Some 60,000
Palestinians, living in the outer suburbs of
Jerusalem,
on the
West Bank side of the Wall, will be denied access
to schools, hospitals and employment.
Families will be divided by the wall."
[18]
The
Barrier and the Right to Health: Jerusalem as a Medical Center
Palestinian Hospitals in East Jerusalem
The Palestinian hospitals in
East Jerusalem are
considered the most progressive in the
Occupied
Territories. For decades, they have
been serving a Palestinian population from all of the
West Bank
and the Gaza Strip for difficult and complex cases or medical specialties
unavailable locally. Due to its
geographic proximity to the southern and northern
West Bank,
Jerusalem naturally developed as an
important center of Palestinian life in this respect as well. Under the status
quo that has been maintained for the most part since annexation,
Israel
has allowed these hospitals to operate as an almost autonomous system.
In 1994, upon acquiring responsibility for the area of health, the
Palestinian Authority (PA) began developing the government hospitals in the
West
Bank and Gaza Strip. With international assistance, private medical centers and
medical centers run by NGOs and charitable organizations have also continued to
exist and develop in the
Occupied Territories.
Nevertheless, despite the importance of the medical centers located in
Gaza,
Ramallah and
Nablus, the hospitals
in
Jerusalem are still considered
the most advanced of all Palestinian medical facilities, and tens of thousands
of patients are referred to them every year from all over the
Occupied
Territories. The Israeli policies
of closure, sieges, and limiting of movement by permit have all seriously
impeded patients' access to hospitals in
Jerusalem,
harming both patients and hospitals.
Mukassed Hospital
on the
Mount of Olives, with 220 hospital beds, is the
largest and most skilled hospital in the
Occupied
Territories. A teaching hospital,
it operates in cooperation and coordination with the medical school at al-Quds
University in Abu-Dis. Mukassed, and houses an advanced surgery unit with
capabilities for laparoscopy, neurosurgery and open-heart surgery. The hospital also has internal, intensive
care, pediatric, maternity, neonatal intensive care, genetics and pathology
units.
Augusta Victoria
Hospital is the second largest in
terms of the scope of its services. It
is the primary hospital serving the Palestinian refugee population in the
Occupied
Territories. The services provided at Augusta
Victoria include a surgical unit, and internal, pediatrics, nephrology and
oncology departments. It is the only
hospital in the Territories that provides certain procedures, such as radiation
therapy for cancer patients and pediatric dialysis.
Saint John's Hospital
is the only public hospital in the
Occupied
Territories specializing in
ophthalmology. Keeping abreast of the
latest developments in the field, the hospital operates in cooperation with The
Royal College in
England
and with the Ophthalmology Department at
Hadassah
Medical Center
in
Jerusalem.
The Red Crescent Hospital is the largest maternity
hospital, and includes surgical and neonatal intensive care units. Other
maternity hospitals are al-Dajani in the Beit Hanina neighborhood and al-Quds
in Kafr 'Aqab. The obstetric departments in
Jerusalem
are considered the finest in the
Occupied
Territories. Mukassed and Red
Crescent have advanced neonatal intensive care units, and they are the only
facilities for high-risk pregnancies in the
Jerusalem
area for Palestinian patients from the
West Bank.
Additional hospitals in
Jerusalem
are Princess Basma, the first and most progressive pediatric rehabilitation
facility for children with physical and emotional disabilities; al-Ja'abi
geriatric hospital; and
Saint Joseph's
general hospital serving almost exclusively
East Jerusalem
residents who are insured by Israeli HMOs.
Target Population
About half a million Palestinians live within a 20 kilometer radius of
the Old City of Jerusalem. For them,
Jerusalem
is the hub where all essential services, including health care services, are
located. However,
Jerusalem is
struggling to survive as the most important and progressive medical center for
all residents of the
Occupied Territories.
The Palestinian population in the Jerusalem
metropolitan area: According to the
Palestinian Central Bureau of Statistics, this area has a population of 432,545
people, of whom over 230 thousand hold Israeli identification cards. 67.3% are urban residents, 26.2% live in
villages, and 6.5% live in refugee camps, for the most part in Qalandia and
Sho'efat
[19].
The Palestinian Central Bureau of Statistics makes a distinction between
Palestinian neighborhoods and towns of a more urban type (J1), and villages in
the periphery (J2), without taking into consideration the limits of
jurisdiction of the
Jerusalem Municipality
as established by
Israel.
The urban area (J1) includes the following neighborhoods: Beit Hanina,
Sho'efat, Sho'efat refugee camp, 'Isawiyeh, a-Sheikh Jarrah, Wadi el-Joz,
a-Sawaneh, a-Tur, the Old City, a-Shayah, Ras el-'Amud, Silwan, a-Thuri, Jabal
al-Mukabar, a-Swahara el-'Arbieh, Beit Safafa, Sharafat, Sur Baher and Um
Tubeh.
269,900 Palestinians live in these neighborhoods, most of whom
hold Israeli identification cards. Nearly all these urban neighborhoods will be
on the Israeli side of the barrier.
However, Sho'efat refugee camp (17,000 residents), the adjacent Ras
Hamis neighborhood (3,500 residents), and a-Salaam (Peace) neighborhood (about
4,000 residents) in 'Anata, will all be on the other side of the fence, and
their residents will be cut off from
Jerusalem
and its medical facilities.
The rural area (J2) includes the following villages: Rafat, Kafr 'Aqab, Makhmas, Qalandia refugee
camp, Jab'a, Qalandia, a-Ram and Dahiat al-Barid, Bir Naballah, Beit Hanina
al-Balad, al-Jib, al-Jedira, Beit Duqo, Beit 'Anan, Beit Ijza, al-Kubiba,
Hirbet um al-Lahem, Badu, al-Nabi Samuel, Ketana, Beit Suriq, Beit Iksa,
al-Khan al-Ahmar, Hazma, 'Anata, a-Zayam, al-Izariyeh, Abu-Dis, a-Sawarha
al-Sharkiyyeh, and Sheikh Sa'ed.
162,645 Palestinians live in
these areas, most of whom carry Palestinian identification cards
[20].
Some of the villages, such as parts of Izariyeh and Abu-Dis, have already been
cut off from Jerusalem and are located on the east side of the barrier. Others, such as Bir Naballah, al-Jib and Beit
Hanina al-Balad, will soon find themselves fenced in within enclaves and cut
off from
Jerusalem. It should be
emphasized that Kafr 'Aqab, with some 18,000 residents holding blue (Israeli)
identification cards, included in Jerusalem's municipal area, is on the other
side of the barrier. Its residents' passage between their homes and
Jerusalem
is contingent upon "Kafr 'Aqab" appearing as their official address
on their identification cards. Even then, moving through checkpoints depends
upon gates being open and the amount of congestion at the checkpoints
[21].
The villages of Abu-Dis and Izariyeh, east of Jerusalem, are located
some five to ten minutes' drive from Mukassed, Augusta Victoria and Red
Crescent hospitals in East Jerusalem.
These villages have four clinics that provide primary care only. One
such clinic belongs to the Palestinian Health Ministry and operates until the
early afternoon hours (
8:00-14:00). A second clinic is operated by the Mukassed
not-for-profit agency during the same hours. Two other clinics, privately run,
are open until
22:00. From
ten
o'clock at night until
eight o'clock
in the morning, there are no local medical services available to the residents
of either village.
At night, and for emergencies, the only remedy for these villages'
30,000 residents is going to the Palestinian hospitals in
East
Jerusalem. Now that the barrier in the area is completed, this
option is not accessible to these residents. In order to get to medical
treatment in
Jerusalem, they must
submit a request for entry into the city to the Israeli District Coordination
Office (DCO) in the settlement of Ma'aleh Edumim. If a permit is ultimately
given, the patient must then drive at least 25 minutes on the Ma'aleh Edumim
road, cross a-Za'ayam checkpoint, and go through
Jerusalem's
a-Tur neighborhood to the nearest hospital. When an ambulance is needed to
transfer a patient from Abu-Dis or Izariyeh, it takes at least forty minutes
from the moment the ambulance is called until the patient reaches the hospital
in
Jerusalem.
Under these circumstances, village residents prefer to drive to
hospitals in
Bethlehem, half an
hour away by private car. However, the
only road to
Bethlehem, via Wadi
a-Nar, is blocked by a roadblock located east of Abu-Dis, (the "Container
Roadblock"). Whoever wishes to go through needs a special permit (permit
for movement under siege) or, alternately, must convince the soldiers at the
roadblock of the necessity of immediate passage
[22].
Holders of Blue Identification Cards[23] (who
have residency status in
Israel):
East Jerusalem's
Palestinian residents, unlike residents of the rest of the
Occupied
Territories, were annexed by
Israel
along with
East Jerusalem in 1967, contrary to
international law. Subsequently
Jerusalem's
Palestinians are residents of
Israel
and therefore entitled, among other things, to medical services from the state
through its various health care organizations. The National Health Insurance
Law, which applies to all residents of
Israel,
is supposed to benefit
East Jerusalem residents as
well. For the most part the law is implemented,
but not without difficulties arising from discrimination against residents of
East
Jerusalem as compared to other residents of
Israel.
The Oslo Accords notwithstanding,
Israel
does not recognize the Palestinian Authority's responsibility for implementing
the right to health in
East Jerusalem (as opposed to the
rest of the
Occupied Territories). In this "in-between"
situation,
in which
Israel
is responsible (regardless of whether as occupier or as "sovereign")
for implementing
Jerusalem residents'
right to health, it is incumbent upon it not only to avoid actively harming
residents' health, but also to take positive steps to promote it. The barrier
is a blatant violation of this obligation. In the case of
Jerusalem
residents,
Israel
is in violation not only of international law but also of its own law.
Access to Primary Care: Over the years,
Israeli health care organizations have developed primary care services
accessible to its members. For example, out of six primary care clinics in
a-Ram, four belong to the Israeli HMOs and serve their member residents (the
other two are operated, respectively, by the Palestinian Health Ministry and by
the al-Mukassed not-for-profit agency).
Three of the Israeli clinics are staffed by independent physicians who
work for the Israeli HMOs, and are located within the town's limits. The
largest clinic, operated by the
Clalit HMO
, in which 750
residents of a-Ram and its environs are members, is now located on the west
side of the barrier, while these members live east of it. When the barrier is completed, these insured
will not be able to reach their clinic quickly and simply. They will have to go
to the Qalandia checkpoint, cross over to the western side of the barrier and
proceed to the clinic
[24] In
order to overcome this hurdle, the HMO will have to expand its branches east of
the barrier, typifying the Kafkaesque situation in which residents are within
the system, yet outside of it at the same time.
In addition to decreased access to essential
services in
Jerusalem, a threat
lingers over these residents' heads of complete loss of their rights, including
health insurance. Palestinian residents who have been cut off from the city,
whether they be residents of Kafr 'Aqab and Sho'efat, originally within
Jerusalem's jurisdiction, or Jerusalemites who have "migrated" to
adjacent neighborhoods, such as a-Ram
[25], are
very concerned about their future "residency" status. The requirement to demonstrate one's
"center of life" in Jerusalem
[26]
which has been fodder for the policy known as "the quiet
deportation", may facilitate massive revocation of rights; proving a
"life center" becomes more difficult if not impossible, when the
state does everything in its power to cut these residents off from Jerusalem
and impede their movement in and out of the city. The National Insurance
Institute insists that health insurance be revoked from those
Jerusalem
residents whose "center of life" is not in
Jerusalem.
[27]
Documenting these residents' crossing at barrier checkpoints may support the
National Insurance Institute's claims that they do not live in
Jerusalem
itself, and serve as an instrument in the policy intended to revoke their
rights.
The new reality that the barrier imposes on
residents by cutting them off from their "center of life", while monitoring of their daily activities is
increased, leaves residents with only unfavorable options. Concern for their freedom of movement and
their rights in Jerusalem, and a lack of clear Israeli policy regarding the way
in which they will be allowed to enter and exit the city through the barrier,
has caused many to choose to migrate to neighborhoods on the west side of the
barrier.
Thousands of residents of a-Ram, Kafr 'Aqab
and other neighborhoods that have been placed outside the barrier, have already
left these areas and rented homes in Palestinian neighborhoods on the west side
of the barrier. Buildings and even
entire streets in a-Ram have been emptied out. On the other hand, housing
shortages and rising housing prices are seen in Palestinian neighborhoods that
are on the "right" side of the barrier, such as Beit Hanina,
Sho'efat, a-Tur and Issawiyeh.
The Sharon administration's decision #3873 of
July 10, 2005 (Appendix 4) established that by September 1, 2005 -- the
estimated time of completion of the Jerusalem barrier's construction --
government ministries involved with the barrier's construction, in cooperation
with the Jerusalem Municipality, will have prepared a program for providing
essential services to residents of Palestinian neighborhoods that are within
the Jerusalem Municipality's jurisdiction, but separated from it by the
barrier. The services are to be provided by community management organizations
to be established by the
Jerusalem Municipality
in these neighborhoods. In that same decision, various government ministries,
including the Ministry of Health, Ministry of Education, Ministry of Social
Affairs (via the National Insurance Institute) and the Ministry of the
Interior, were instructed to complete preparations for providing the necessary
services for
Jerusalem residents
who are located on the other side of the barrier by
September 1, 2005. At the time of this writing, none of
these ministries has announced any plans to fulfill the government's decision.
[28]
Regardless of whether or not they hold blue
identification cards, all residents of the Jerusalem metropolitan area are tied
to Jerusalem, their "center of life", where they receive
health-related services, among other things. Since the construction of checkpoints
at city entrances at the end of 2000, and more so since the separation barrier
has been built in the north and south of the city, there has been a significant
decrease in the number of patients who are able to get to hospitals in the
city. Many patients, particularly
residents of the villages surrounding
Jerusalem,
who frequented
Jerusalem for
medical services, especially for secondary and tertiary health care services
[29],
must now seek medical services in Ramallah,
Bethlehem,
Jericho and
Nablus.
Those without Residency Status: In
many
East Jerusalem families, one spouse is a resident
of
Israel and
the other lacks residency status. Residents of the
Occupied
Territories who married residents
of
East Jerusalem and have not yet received status
[30],
suffer due to construction of the barrier from severe limitations upon their
freedom of movement, especially those who submitted a request for family
unification and whose request was denied by the Israeli Ministry of the
Interior
[31]. Theirs is
the opposite difficulty: exiting
Jerusalem. Many of the spouses without status live with
their Jerusalemite families in the city, without any permit from the
authorities. From
Israel's
perspective, they are considered to be staying illegally, and any run-in they
may have with police or border police may end in their deportation to the
West
Bank. Their lives are
accompanied by a constant worry about being separated from their families. As the barrier is being completed, every
attempt on their part to visit or get treatment in the West Bank (where they
are insured and treatment is less expensive) means taking the risk that going
for treatment may turn into a one-way trip, and they may not be permitted to
return.
S. H., a 45-year-old resident of the
Occupied
Territories, is disabled and
wheelchair-bound. He is married to a
resident of
East Jerusalem and is the father of four,
who also have residency status in
Israel.
The family has been living for years in the Ras al-Amud area. In 1996, the couple submitted a request for family
unification. However, to date S.H. has not received residency status in
Israel.
Since the barrier has been completed in the Abu-Dis area, he has been unable to
leave his house to go to the
West Bank, where he used to
get his necessary medical services and visit his family. Under Israeli law, S.
is in
Israel
illegally, even at his home in Ras al-Amud.
He cannot leave his home without worrying that he may be caught and not
permitted to return to
Jerusalem.
Palestinian Residents of the West Bank and Gaza
Strip: The numerous checkpoints and the selective policy of issuing entry
permits to
Jerusalem have cut off
the Gaza Strip from the
West Bank and certainly from
East
Jerusalem.
[32] In the case of
West Bank
residents, some patients may risk entering the city without a permit. This option is unavailable to residents of
the Gaza Strip, which is enclosed within a barrier. The situation is changing
in the
West Bank as well, and patients who have been
able to "sneak" illegally into
Jerusalem
for medical treatment will no longer be able to do so. When the barrier is
completed, an entry permit to the city will be still more essential than in the
past, even for patients who live in the
Jerusalem
area.
Patients from more remote
West Bank areas or from
the Gaza Strip, whose access to
Jerusalem
was in no way easy before the construction of the barrier, will find it even
more difficult to
Jerusalem for
medical treatment. A Palestinian patient needing treatment in Jerusalem is
first required to produce medical documentation that describes his or her
condition, confirms his or her medical appointment
at a certain
hospital, and states that the needed treatment is not available to the patient
elsewhere in the West Bank. Beyond the medical issue, the patient must also
prove that he or she has no criminal or security record. Then he or she must
wait several days, or weeks, for receipt of the entry permit, if one is
granted. Submitting and receiving a request for a permit means waiting long
hours at the local Israeli DCO offices
[33].
Obtaining an entry permit, a grueling effort in itself, does not
guarantee that the patient will receive treatment in
Jerusalem[34].
Once the permit is obtained, the patient must make his or her way to the city
through one of the checkpoints along the barrier. At the checkpoint, he or she will have to
deal with additional delays due to congestion, security checks, and
unanticipated events. These delays take precious time on the way to the
hospital, and affect all residents, both those moving by permit and those who
are guaranteed entrance into the city by power of their residency.
Not only is the permit policy humiliating, but it also causes delays and
prevents the Palestinian population from getting medical treatment of
reasonable quality within a reasonable time. Patients with a "security
past" are barred from entering
Jerusalem,
as are persons classified by the security forces as "prevented for
security reasons". The reasons for
this restriction are often unclear, and often not directly connected with the
patient him/herself.
Maryam Mazhar, age 71, a resident of the Deheishe refugee camp adjacent
to
Bethlehem, suffers from kidney
failure and diabetes, which has caused her blindness. Her medical condition
requires dialysis three times a week monitored by a nephrologist, a procedure
that is unavailable at her local hospital, al-Husseini in Beit Jalla. Maryam
submitted several requests to receive an entry permit for
Augusta
Victoria Hospital
in
Jerusalem, unsuccessfully. The
Israeli authorities classified her as "prevented for security
reasons". Maryam claimed that the Israelis have long been trying to
pressure her in any way possible to surrender her son who is wanted. Physicians
for Human Rights-Israel (PHR-Israel) made several requests for an entry permits
on her behalf from the Beit El Civil Administration. These requests were denied
as well. Maryam continued to go to Augusta Victoria hospital accompanied by her
daughter, without a permit, bypassing checkpoints and parts of the barrier that
had already been constructed south of the city by using unacceptable roads. She
was not always successful and there were weeks when she was unable to get to
the hospital, receiving no treatment at all.
Other weeks, she received only one or two treatments of the three she
requires. The tribulations and missed
treatments caused her condition to worsen.
On
January 17, 2005,
PHR –
Israel
petitioned the High Court of Justice on Maryam Mazhar's behalf (HCJ
556/05). On January 19 an arrangement
was reached with the Israeli authorities, allowing Maryam to enter
Jerusalem
with a permit to be renewed every three months.
According to the Civil Administration's data, there has been a sharp
increase in the number of entry permits to Jerusalem issued to Palestinian patients
from the West Bank: from 8,000 permits in 2002, to 20,000 in 2003, to 45,000 in
2004 (of these, some 10,000 were permits for people accompanying
patients). The procedure for entering
Israel,
including
East Jerusalem, requires that with the
exception of minors, every resident of the
Occupied
Territories have an entry permit.
The many checkpoints inside the
West Bank, between the
West
Bank and
Israel,
at the entrances to
Jerusalem, and
the closure of
Jerusalem by the
barrier, lead to many more people having to apply for entry permits at local
Civil Administration offices. The
expected number of permits for 2005 is an estimated 60,000
[35].
Indeed, a simple assessment of the 2002 data indicated a lack of
correlation in the past between the number of permits and the number of
patients who came from the West Bank to the hospitals: the total number of patients hospitalized in
2002 in Palestinian hospitals in East Jerusalem was 29,000, not including the
tens of thousands who came to outpatient clinics and for one-day treatment. In
contrast, the Civil Administration's data shows only 8,000 permits were issued
for patients. A similar picture arises regarding 2003, with the Civil
Administration reporting 20,000 permits to patients and their accompaniers,
while the hospitals report some 30,000 patients hospitalized that year, in
addition to 177,500 visits at outpatient clinics at all the Palestinian
hospitals in the city.
The large discrepancies raise the heavy suspicion that despite the
increase in the number of applicants for permits, there still remains a very
large population that is forced or chooses to forego treatment that is
dependent upon Israeli approval. These residents face a choice between two bad
options: to make do with less progressive medical services at a
West
Bank facility, or to do without treatment entirely.
Refugees:
For the
Palestinian refugee population, particularly residents of Qalandia and Sho'efat
refugee camps,
Jerusalem is almost
the sole medical center. UNRWA operates two primary care clinics in Qalandia
and Sho'efat, but the main UNRWA clinic is in the
Old
City and serves refugees from the
Jerusalem
environs and from the
West Bank. Over a three-month period in 2005 (August
through October), 19,095 family doctor visits were recorded at the Old City
UNRWA clinic, as were more than 5,000 visits with a pediatrician and 1,802
visits with a dentist. Sixty percent of patients came from the
Jerusalem
vicinity. When the barrier is completed, these patients' entry into the city
will be impossible without special permits
[36].
The barrier's most deleterious effect is preventing access of refugees
to secondary and tertiary health care at Palestinian hospitals in
East
Jerusalem. Over a period of close to a year (
January 1, 2003 to
November 11, 2003), UNRWA referred 6,255
West
Bank refugees for secondary and tertiary care at
Jerusalem
hospitals. Of these, 2,605 were referred
to Augusta Victoria; 2,811 to
Saint John's;
and 839 to Mukassed
[37].
Even before completion of the barrier, getting from Sho'efat or Qalandia
refugee camps to medical treatment in
Jerusalem
could take two hours. The road is filled with roadblocks, walking sections that
are not fit for the task, and even physical obstacles that one must climb
over. Many patients, especially children
and the elderly, are unable to withstand these trying conditions. Therefore, UNWRA has long been referring
patients to alternative hospitals in the
West Bank.
Emergency Transfer: Passage of
Ambulances from the West Bank to Jerusalem
Patients needing to get from the
West Bank to an
East
Jerusalem hospital via ambulance are not guaranteed quick and
trouble-free passage through the checkpoint, even in an emergency. Sometimes
the ambulance carrying a patient is ordered to turn back, despite the emergency
situation. The primary reason for this is that the decision-making power is in
the hands of the soldiers at the checkpoint, rather than with the medical team
in the ambulance, who are familiar with the patient and are caring for him or
her. In certain cases, the patient is allowed to go through, but without the
ambulance that brought him or her. In
these cases, the patient must pay for an Israeli ambulance to be called to the
checkpoint and to take him or her to the hospital in
Jerusalem[38].
Five-year old Izariyeh resident Muhammad Saleh Hamadin suffered from
respiratory problems for which he was treated at
Mukassed
Hospital. On
August
18, 2005, Muhammad was feeling poorly, and the local physician
recommended he be transferred to Mukassed right away. Accompanied by his
father, Muhammad was taken in a Palestinian ambulance. At a-Zayam checkpoint, after a half-hour's
delay, the soldiers refused to let him through, claiming that the ambulance's
entry into
Israel
had not been coordinated, despite the boy's distress and the fact that the
Mukassed medical team was familiar with his case and medical history. The ambulance's crew was forced to drive to a
hospital in
Jericho, half an hour's
drive away, where Muhammad was treated.
In the afternoon hours on
August
19, 2005, a Palestinian ambulance from Izariyeh, carrying a nine-year old girl with a head
injury caused by a fall, arrived at a-Zayam checkpoint. The ambulance crew
requested the soldiers' permission to take the girl to
Mukassed
Hospital due to her serious
condition. The soldiers refused to allow
the ambulance to go through, although the girl was clearly bleeding and the
ambulance crew unable to stabilize her condition. After standing at the checkpoint
for twenty minutes, the crew gave up and drove to a hospital in
Jericho. The refusal to let the child through the
checkpoint caused her to receive treatment an hour after her fall.
In HCJ 9109/96 Physicians for Human Rights-Israel vs. the Minister of
Defense, the State guaranteed patients' passage through the checkpoint
including into
Israel,
regardless of whether he or she holds a permit. Health Coordinator Dalia Basa
now requires prior coordination, as soon as the ambulance leaves for
Jerusalem.
PHR-Israel receives many complaints about ambulances being denied access to
Jerusalem
even in emergencies, including being told by the soldiers to seek treatment at
West
Bank hospitals or to transfer patients to Israeli ambulances in
"back to back" procedures.
Obstetrics: Pre-Natal Care and
Emergency Transfer
for Birth
During 2003, the number of live births in
Jerusalem's
Palestinian metropolitan area was 2,381.
Of these, 2,132 births occurred in hospitals and 249 outside of
hospitals (in private clinics or at home). Among hospital births, 652 were at
Palestinian government hospitals in Ramallah and
Bethlehem,
and 1,480 at non-governmental hospitals in
East Jerusalem,
primarily Mokassed and Red Crescent
[39].
These figures do not include births of
Jerusalem
residents who carry Israeli documents and who have Israeli social security
rights.
These numbers demonstrate the extent to which Palestinian mothers from
the
Jerusalem area depend on
East
Jerusalem hospitals. Palestinian women prefer to give birth in
Jerusalem
because of its proximity to their villages and because its hospitals have
higher medical standards than most of the government hospitals in the
West
Bank.
Blocking access to medical centers, first via checkpoints at the
entrances to the city and now by the barrier, makes it very difficult for
pregnant Palestinian women to access health care, starting with pre-natal
visits. Before every regular pre-natal visit in Jerusalem, at the Red Crescent
or UNRWA clinics in the Old City, a pregnant woman must go through a
bureaucratic sequence: requesting a permit, each time anew; producing medical
and other documentation to justify the visit; and waiting at the entrance to
the DCO, a procedure that involves a great deal of inconvenience, suffering and
humiliation.
Requesting a permit is nearly impossible when it comes to the birth
itself. A woman in labor is usually
unable to submit an urgent request for a permit, especially since the DCO
offices are closed to the public in the evening and night, as are (to Palestinians)
most of the checkpoints on the way to the city.
If she does obtain an entry permit, her journey will be longer than
usual, involving passage though checkpoints along the barrier. Transport in an
ambulance is not an effective solution either. Ambulance service is not
available in every village or neighborhood, and in any case the ambulance
driver needs to show an entry permit into
Jerusalem
before responding to the call (see above). A woman from the town of a-Ram, for
example, a ten-minute drive to the hospitals in
East Jerusalem,
is not allowed to enter the city without a permit. She must go to a hospital in Ramallah or
Jericho,
about a half an hour away assuming there are no delays at the checkpoints.
Jerusalemites must get to Qalandia checkpoint and from there to the hospital,
about a half-hour's drive if there are no delays at the checkpoint.
Mothers-to-be who are residents of
Israel,
thus covered by national health insurance and registered with social security,
are also adversely affected by the barrier. These women are entitled to
coverage of hospital expenses at any of the hospitals in
East
Jerusalem, as well as to a maternity grant from the National
Insurance Institute.
As described above in the case of other residents
with blue identification cards,
these women are also concerned that
their residence east of the wall not only impedes their crossing for treatment
at
Jerusalem hospitals, but may
also lead to revocation of their rights by the National Insurance Institute
[40].
'A. is a resident of a village east of Ramallah. With fertility
treatments, she became pregnant with quintuplets. Considered a high-risk
pregnancy, all of her prenatal care was provided at Mukassed hospital in
Jerusalem. The PA provided her with a payment voucher
for pre-natal care and delivery at Mukassed, the only hospital equipped to
treat her. On
September 5, 2005, 'A. went for a checkup at a
Ramallah
Medical Center
because she was in pain. The medical staff established that she had gone into
labor, and called a Union of Palestinian Medical Relief Committee ambulance to
take her to Mukassed immediately. The
ambulance, with a physician inside, left Ramallah without a problem after being
inspected at two checkpoints. At Hizma
Checkpoint, the soldiers argued between them whether or not to allow the woman
through. Some agreed to do so
, based on medical documents and an
examination by a female soldier confirming that the woman was indeed pregnant.
However, one of the soldiers refused to let her through, saying, "As far
as I'm concerned she can give birth in
Jenin
or
Nablus. No patient goes through here." The
physician attempted in vain to explain that this was a high-risk pregnancy for
which only Mukassed was equipped. She
asked to speak with the officer in command but was told that there was none
available. One of the soldiers told the driver, "Don't listen to him [to
the soldier preventing the passage], just close the door and drive." The
driver feared that going ahead would cause the soldier to shoot at him, and instead
called Health Coordinator Dalia Basa. Ms. Basa asked to speak with the soldier,
but he refused to speak with her. Subsequently, Ms. Basa instructed the driver
to go back to Ramallah, asserting that the ambulance's entry had not been
coordinated with her. The physician
insisted that the woman be transferred to Mukassed right away. Ms. Basa then
called an Israeli ambulance to get to the checkpoint and transfer the
woman. Only after delays did the soldier
allow a "back to back" transfer. 'A. gave birth immediately upon
arriving at the hospital. The delay at
the checkpoint: approximately one hour
[41].
Dying Slowly: The Barrier's Impact on Hospitals in East
Jerusalem[42]
When patients' access to hospitals is blocked, delayed, or rife with
obstacles, they are the first ones harmed, by lack of appropriate treatment.
The decline in Palestinian patients' access to hospitals in
East
Jerusalem also has damaging implications on the hospitals
themselves. The barrier and the almost-total separation it imposes on the
hospitals from the population they are supposed to serve pose a real threat to
the very existence of these hospitals.
East Jerusalem's nine hospitals comprise a total
of 524 hospital beds, which constitute 11.2% of the total beds in the
Occupied
Territories[43]. Of these beds, 450 are in non-governmental
hospitals and the remaining 74 are in the city's private hospitals
[44].
In
2002, a total of 344,172 patients from the
West Bank and
Gaza Strip visited outpatient clinics in
Jerusalem's
Palestinian hospitals. In 2003, this
figure declined by half: only 177,500 patients from the
West Bank
and Gaza Strip visited
East Jerusalem's outpatient
clinics. Of these visits to clinics,
22,937 were for OB/GYN; 13,196 for physiotherapy; 34,638 for ophthalmology;
7,694 for orthopedics; 4,440 for mouth and jaw; and 4,142 for EEG
[45].
Funding
East Jerusalem hospitals rely financially on
payments from several referring sources:
The Palestinian Authority, UNRWA, Israeli health care organizations, the
National Insurance Institute (for births), payment by private patients and
donations from international funds and organizations.
The ongoing closures imposed on the
Occupied
Territories since the 1991 Gulf War
cut the Territories off from
East Jerusalem, disrupted
operations of Palestinian institutions active in the city at the time, and
caused some of them to move to the
West Bank, primarily
to Ramallah
[46]. According
to various agreements between Israel and Palestinian representatives, any
institution interested in operating in Jerusalem required special permission
from the Israeli authorities, while the Israelis pledged to keep the status quo
in East Jerusalem.
Following these agreements international
organizations, principally the World Bank, suspended their support of
Palestinian institutions in
Jerusalem
pending a decision on the political fate of the city
[47].
This decision dealt a blow to
East Jerusalem hospitals
as well, as most of them had been receiving support through donations by
international organizations
[48]. In addition, the rift between Palestinians
and the Gulf countries, due to Palestinian support of Saddam Hussein, cost
hospitals the loss of these countries as a significant funding source.
Nonetheless, some funding still comes from donations.
Patient referrals by the Palestinian Authority: Residents of the
Authority's jurisdiction who are covered by Palestinian health insurance are
usually referred for treatment at government hospitals in the
West
Bank and Gaza Strip. When the required treatment is unavailable at
government hospitals, the Palestinian Ministry of Health refers patients to
hospitals in
Jerusalem, or
alternatively, in
Jordan,
Egypt or
Israel.
Payment rates are determined in advance by contracts with hospitals
[49]; the
PA prefers to refer patients to the less expensive facilities.
In 2003, the PA referred 28,866 patients for hospitalization at
non-governmental hospitals in
East Jerusalem, and was
charged for a total of 128,373 hospitalization days (an average of 4.5
hospitalization days per patient)
[50].
In January 2005, the Palestinian Ministry of Health and Mokassed
hospital agreed that residents of the villages in the Jerusalem area (J2)
covered by Palestinian health insurance could be treated at Mokassed by
referral from the local government clinic, without having to get a referral
from the main Health Bureau in Ramallah. The change was intended to facilitate
access by patients living in these areas, and demonstrates these patients'
dependence on
East Jerusalem hospitals, Mukassed in
particular.
Certainly, this move has great political significance for the PA, as it
represents its commitment to the struggle for the continued existence of
Palestinian institutions in
East Jerusalem. The
agreement's significance for Mukassed hospital should not be underestimated
either, as it provides the hospital with an additional source of revenue
(provided that the PA indeed fulfills its obligations and pays for the
hospital's services). After hospital management ended its contract with the
Clalit
HMO (see below), following the significant decrease in financial support from
the Gulf countries, the hospital lost its financial stability, reaching losses
estimated at tens of millions of NIS. An agreement with the Palestinian
Ministry of Health would help, at least in part, to restore financial stability
and to maintain medical standards.
Referring patients who are members of Israeli HMOs:
East Jerusalem
residents holding blue identification cards have national health insurance and
are members of Israeli HMOs. These insured often prefer to receive treatment at
Palestinian hospitals in the city, an inclination that has become stronger in
years when nationalist sentiment runs high, permeating hospitals as well. Due
to loss of income, most of the hospitals found themselves depending upon
referrals from Israeli HMOs as their primary source of funding. The Israeli
HMOs, in turn, lost no time in taking advantage of the situation. From
conversations with some of the Palestinian hospitals, it has been confirmed
that none of the Israeli HMOs pay Palestinian hospitals the full
hospitalization rate, nor have they, to our knowledge, in the past: up until
the end of 2003, the
Clalit HMO paid Mokassed 45% of the public
rate. The
Meuhedet, Maccabi and
Leumit HMOs pay Mokassed between 45-50% of this rate. In 2004, a crisis
occurred when the
Clalit HMO offered Mokassed 33% of the public rate for
its services, up to a ceiling of
NIS
300,000, after which they would pay 25% for referrals. The hospital refused,
maintaining that this rate would not cover costs and would cause losses.
Subsequently, Mokassed's contract with
Clalit has not been renewed since
the beginning of 2004. As most
East Jerusalem residents
are members in this HMO, the hospital lost a very important source of
income. Non-renewal of the contract also
negatively impacted the insured who can no longer use the hospital's services.
PHR- Israel appealed to the Israeli Minister of Health to use his
authority to defend Mokassed hospital vis-a-vis
Clalit HMO. The minister
responded that he had no authority to obligate a HMO to pay the hospital the
full hospitalization rate, but added that he would consider intervening if the
hospital appealed directly. However, due to the ambivalent relationship between
them, the hospital would not make such a request to the minister (see below).
By maintaining this condition, the Ministry of Health sustains the HMOs’ power
to control the market. Thus, the HMO can lower its rates for
East
Jerusalem hospitals to levels that jeopardize service provision
and quality
[51].
In fact, "The Minister of
Health may determine that certain contracts between a HMO and a service
provider […] require his approval." (Article 30 of the National Health
Insurance Law) The law states in clear language that "regarding contracts
between HMOs and service providers […] the HMO will act without discrimination
between service providers."
(Unofficial translation) We
believe, therefore, that the Minister of Health is authorized and even
obligated to intervene in the discriminatory arrangement described above.
In contrast to Mokassed,
Saint Joseph's
and Red Crescent hospitals enjoy relative financial stability, because the
population they serve is almost exclusively insured by the Israeli HMOs. Ninety-five percent of the referrals to
Saint
Joseph's Hospital come from Israeli HMOs, with whom
the hospital has agreed to a reduced rate, thereby weakening other hospitals'
bargaining power. Red Crescent Obstetric Hospital maintains its stability for a
different reason: as a maternity hospital, most of its hospitalizations are for
births, for which it receives payment from the National Insurance Institute – a
fixed rate, unlike HMOs payments. According to Israeli Ministry of Health data,
its occupancy rate has gone up from 91.7% in 2002, to 115.4% in 2003
[52].
Medical Staff
In addition to cutting off patients, the closure has impaired hospitals'
functioning by impeding medical staff's access to their workplaces.
Since their inception, Palestinian hospitals in
Jerusalem
have relied on employees who are residents of the
West Bank
and the Gaza Strip; 70% of their employees were residents of these areas.
Israel
is gradually cutting them off as well.
In 1996, a general curfew was imposed on the
Occupied
Territories, forcing these
hospitals to operate with less than one-third of their staff. This intolerable situation led to a petition
to the High Court of Justice by
Mukassed
Hospital, PHR-Israel and the
Association for Civil Rights in
Israel
on
February 21,1996 (HCJ 2054/96).
The petition demanded that
Israel
issue permits immediately to Palestinian medical personnel and create a policy
for keeping medical personnel's entry permits valid during periods of
closure. An agreement was reached by
which, for a limited period of time, 250 employees would receive permits; if
this number of permits was not increased over a reasonable period of time, the
petitioners would be able to court. A
conditional order was also handed down instructing the state to issue a
procedure for granting permits to a limited number of medical personnel within
45 days. The closure would remain in effect for the first days of each closure.
The hospital's willingness to work
understaffed for a few days would
allow the state to review the names of medical personnel, and hopefully to
approve them, so that after the first few days of each future closure, staff
would be able to travel to their place of employment.
Contrary to the spirit of the agreement
, Israel
showed no willingness to expand the quota for medical personnel after the HCJ
case. On the contrary,
Israel
made cynical use of the ruling by establishing as a norm, unrelated to any
particular closure, quotas for the number of residents of the
Occupied
Territories that
East
Jerusalem hospitals could employ.
Israel
also refused to grant permits to residents of the Gaza Strip. Hospitals that
were paying salaries to employees who were "stuck" in the Strip for
months, unable to get to work, gave up hope and finally had to let them go
entirely.
Despite the ruling's accomplishment --allowing hospitals to return to
functioning during that specific closure –
Israel
exploited it by limiting the number of permits for hospital staff. The
hospitals' dependence on employees from the
Occupied
Territories creates a control
mechanism for
Israel:
Civil Administration Health Coordinator Basa "releases" medical staff
to reach their workplaces whenever she sees fit, and denies access when she
deems appropriate, all in the name of security, with the General Security
Service (GSS) making the final decisions. The Civil Administration's permit
mechanism facilitates a "carrot and stick" policy; most hospitals
avoid fighting for entry permits for staff members that have been classified
"prevented for security reasons "
[53], so
as not to jeopardize the security forces' "goodwill".
When PHR-Israel asks the authorities to explain on what grounds a
particular medical employee has been barred from entering the hospital he or
she works at in East Jerusalem, the Civil Administration often responds that
the hospital must appeal on behalf of its employee, knowing full well that the
hospital is in a sensitive situation and prefers to avoid confrontation
regarding restrictions placed on one or the other of its employees. Thus, the
employee remains alone in the battle for an entry permit, and may lose his or
her source of income. Often, the "security" bar is removed from
employees represented by PHR-Israel, after we contact the authorities or
petition the High Court of Justice. Receipt of the permit, however, is then
delayed until a check is done to see whether the employee's hospital has
exceeded its quota, and whether an official request has been submitted by the
hospital on the employee's behalf. This intentional "red tape" costs
the hospital loss of personnel who were trained for their jobs, and impedes its
functioning because it must find suitable replacements again and again.
In May 2003, PHR-Israel petitioned the High Court of Justice via
attorney Andre Rosenthal on behalf of twenty Mukassed Hospital employees (HCJ
4326/03), requesting to remove their security restrictions and allow them
access to the hospital.
Mukassed Hospital
did not join the petition for the reasons described above, although many of the
petitioning employees held very important positions at the hospital, some
having been employed there for many years. PHR-Israel withdrew its petition
after
a settlement was reached by which nine employees' restrictions would be
removed; as for the others, the court determined that they had to appeal
separately, not as a group. Appealing to the court individually would remove
their special status as medical staff, and prevent a principle advocacy
discussion regarding the status of
Jerusalem
hospitals. The fact that the hospital does not appeal on behalf of its
employees weakens any attempt to bring forth the underlying principle issue to
the court. This action also seems to demonstrate the hospital’s reluctance to
rely on the Israeli court system. The current allotment for entry permits for
medical personnel is 1,100; one thousand of these are for staff of the
Palestinian hospitals in
East Jerusalem. This quota is completely used up and even
exceeded, due to hospitals' constant demand for more permits
[54]. Each hospital has a certain allotment
determined by the Civil Administration. In the current situation, tens of
medical personnel go to work without a permit, due either to a security bar by
the Israeli authorities or because their institution's quota has been used up.
Some employees are forced to sleep at their workplace for days, or even months
at a time, for fear of being discovered on their way to, or from, work. Upon
completion of sections of the barrier south and north of the city, many
hospital employees without entry permits left their workplaces in Jerusalem,
having to make do with jobs available locally in the West Bank, because of the
great difficulty and the daily risk involved in reaching their workplaces in
the city.
Dr. 'A. completed his medical studies at
al-Quds
University in Abu-Dis in 2001, and
began a residency at
Mukassed Hospital.
At the hospital's request, Dr. 'A applied to the Israeli DCO in
Hebron,
where he resides, for a magnetic card.
Receiving a magnetic card is a prerequisite for obtaining an entry
permit into
Jerusalem. At the DCO,
Dr. 'A was told that in order to get the card, he would have to meet with the
GSS representative at the Hebron DCO.
Dr. 'A. arrived several times at the DCO, where soldiers made him wait
for hours at the office entrance to meet the representative, to no avail. Dr.
'A repeatedly received the same kind of response: "The GSS is busy today", or
"The GSS doesn't want to meet with you today. Come back another
time." PHR-Israel contacted the Civil Administration on Dr. 'A's behalf,
requesting that the campaign of humiliation be stopped and that he be allowed
to complete his residency. The Civil
Administration responded by summoning him for yet another meeting with the GSS
representative at the Hebron DCO. Despite PHR-Israel's opposition to the
meeting, 'A. preferred to try this way for the final time. The script repeated itself: Dr. 'A. waited all day for the
representative, only to be told by one of the soldiers that he must go home
because no GSS representative was present at the DCO that day
[55].
Hospitals and the Israeli Ministry of Health
Over the years, a kind of status quo has been maintained: the Israeli
Ministry of Health does not finance
East Jerusalem
hospitals (who do not even make this request of it). In turn, the Ministry
makes do with formal monitoring only.
The reality is that the Israeli health care system does not consider
these hospitals to be an integral part of it.
Occasionally, the Civil Administration demands that hospitals apply for
work permits for their medical staff. These permits require a license to work
in
Israel,
provided by the Ministry of Labor and Welfare. These licenses, significantly
different from entry permits that allow medical staff to enter
Jerusalem,
require authorization from the Ministry of Health that the licensee is allowed
to practice medicine in
Israel.
Every time PHR-Israel has fought in support of medical staff's special status
in the Palestinian health care system, the Civil Administration has retreated
from this demand. The threat of new licensing requirements, which has increased
in recent years, makes the struggle for maintaining ties between
East
Jerusalem and the
West Bank even more
difficult.
The hospitals in
East Jerusalem operate under
Israeli law, which has been applied to the entire city. Formally, therefore, these hospitals must
meet Israeli licensing requirements. .Traditionally, the Israeli Ministry of
Health renewed the temporary working licenses of these hospitals annually. For some
of these hospitals, the licensing issues are perceived as a permanent threat,
looming over their heads and very existence.
The Ministry of Health has recently begun to demand an individual work
permit for each member of hospitals' medical staff. This issue causes much concern among staff,
especially among physicians, most of whom have a Palestinian, not an Israeli,
license.
This issue has not yet been decided. Hospitals' licensing
depends upon staff's meeting these conditions. The Ministry of Health's
requirement implements the policy of separation
de facto.
According to this new policy,
physicians with blue identification
cards (mostly residents from
East Jerusalem) must
meet Israeli standards for licensing. These standards require a general
practitioner who is not a specialist to pass an examination prior to receiving
a license to practice medicine in
Israel.
A physician who is a specialist is forced to leave his or her job to complete a
residency period of about six months in an Israeli hospital, regardless of the
length of time he or she has actually worked as a specialist. Following this
residency, he or she must take the
certification
examinations.
Physicians who did their residencies abroad are also required to take the
examination. At al-Quds obstetric
hospital in Kafr Aqab, several physicians have already been fired and are not
licensed to work because of this policy.
On the other hand,
physicians, including specialists, who hold
Palestinian identification cards may continue to work at the same hospital.
These physicians, like their Jerusalemite colleagues, completed studies abroad,
and work in their respective fields with a special license that does not
require Israeli entrance exams (provided the physicians produce documentation
proving their certification abroad). This license is renewed yearly.
A third category of physicians includes residents of the
Occupied
Territories who have Palestinian
identification cards and who are graduates of the al-Quds medical school in
Abu-Dis. They cannot get a special license, nor can they do residency in
Israel
or take the exams
[56].
Under this policy, three different categories of physicians may work in
one hospital: those with an Israeli license, those with a special license, and
al-Quds graduates who have no license. One might surmise that because Israeli
patients are hospitalized there (note that only patients from
East
Jerusalem are referred to these hospitals), the Ministry of Health
has a clear interest in monitoring the hospital's medical standards. Were this
not? the case however, why would the Ministry agree to a hybrid situation, in
which physicians who have passed examinations and those who have not, work side
by side? If the Ministry implements Israeli standards, why does it not finance
these hospitals, help them develop, and provide continuing medical education
programs for their staff? Again, we seriously question whether
Israel's
consideration (at least not its only one) is its concern for these hospitals'
medical standards, or rather jeopardizing these hospitals' existence in the
guise of professionalism or for bureaucratic reasons .
Furthermore, if the barrier is completed, these hospitals will clearly
become hospitals for East Jerusalem Palestinians only. Israeli HMOs do not
refer Jews to these hospitals, and Jews do not go to them. This development
would fit in well with the trend of apartheid in
Jerusalem
health care, where separate and unequal health care systems have already been
created.
This practice, even more than the previous ones described, exposes the
liminal situation of
Jerusalem
hospitals.
Israel
has a clear interest in maintaining this situation, which facilitates Israeli
control over the hospitals without obligating it professionally or
financially.
Damage Control: When
Patients are not Mobile, the Hospital is Mobile
Different hospitals have developed various survival tactics; all of them
have undergone changes in consumer patterns and service provision. Some
examples:
Creating unique services:
Augusta
Victoria Hospital
has recently opened an advanced oncology department, the only one in the
Occupied
Territories that provides radiation
treatments for cancer patients. In addition, the hospital operates a pediatric
dialysis unit, also one of its kind in the Territories. Thus the hospital guarantees that patients
will make an effort to get to it, and that the Palestinian Authority will make
referrals to it, simply because it is the sole provider of these services.
Organized transportation: In addition, since September 2004
Augusta Victoria's management has been organizing transportation for patients
and medical staff from the
West Bank. This project is called "Health and Hope
Cross the Barrier" and its objective is to assist patients and staff by
ensuring fast passage at the checkpoints. Other hospitals also prefer to bring
in patients by organized transportation.
This is not an optimal solution that can neutralize the occupation's
bureaucracy, as arriving in these transports also requires an entry permit from
the Israeli security forces for each Palestinian who wishes to get treatment at
a Jerusalem hospital. Nor is organized transportation a solution for patients
who need to get to the hospital in an emergency, or for staff summoned urgently
to work, especially in the evening or at night.
Dr. Naim Salameh, a 54-year old Abu-Dis resident, is a senior oncologist
and director of the emergency room at
Augusta
Victoria Hospital. Dr. Salameh is often summoned to the hospital
at night for emergencies. He applied several times to the Civil Administration
for an entry permit into
Jerusalem
by private car. Before construction of
the barrier in the Abu-Dis/Izariyeh area, Dr. Salameh was able to get to the
hospital with an individual permit within 10-15 minutes. Now, in absence of
direct access from Abu-Dis to
Jerusalem
he must go through a-Zayam checkpoint, at least twenty minutes' drive to
Augusta Victoria. The difficult situation is made impossible at night when he
is on call and is summoned to the hospital, because there is no public
transportation and it is very hard to find an Israeli cab in Abu-Dis at night.
Calling a cab from
Jerusalem means
doubling the time it would have taken for him to get there on his own. Dr.
Salameh's inability to get to the hospital in a reasonable amount of time has
cost human lives.
On
November 17, 2003,
PHR-Israel petitioned the High Court of Justice on Dr. Salameh's behalf,
demanding the military authorities allow him to drive to the hospital in his
own car (HCJ 10261/2003). Following a few months of negotiations, the petition
was canceled, as its prospects were hopeless. Dr. Salameh remains prohibited
from driving his own car to work, despite the risk this poses to human
lives.
Moving services to the east side of the barrier: As part of
Augusta
Victoria Hospital's
attempts to ease patients' access, it opened a medical center in Ramallah at
the end of December 2004. The center
includes outpatient clinics with most of the specializations that exist in the
Jerusalem
hospital. The center is operated by the hospital's own staff, and is intended
to be an alternative address for patients who are having difficulty getting to
the hospital in
Jerusalem because
of the obstacles on the way. As part of the service it provides, the center
makes referrals and arranges transportation for patients who need continued
treatment or surgery at the hospital in
Jerusalem.
Augusta Victoria's endeavor may be viewed as an attempt to help patients
and ease their access to the care they need; it may also be construed as
Palestinian submission to the barrier, which serves
Israel's
interest in cutting
East Jerusalem off from the rest of
the
Occupied Territories
and restricting West Bank Palestinians' entry into
Jerusalem.
Mobile clinic: The management of
Saint
John's Hospital
has reinforced its mobile clinic, in operation in the
West Bank
since 1982, with a second, similar, clinic. Each of the clinics is staffed by
medical personnel with equipment and medication, who go twice a week to remote
villages and refugee camps in the
West Bank; there they
provide free medical treatment to populations whose access to
Jerusalem
has been blocked because of the barrier and the checkpoints. The mobile clinic
also refers patients to hospitals for continued treatment and surgery; some
patients are covered by the Palestinian Authority or UNRWA, and others receive
care free of charge.
Patients referred by
Saint John's
mobile clinic's physicians for continued treatment in
Jerusalem
must request an entry permit into
Jerusalem
from their local DCO. The original summons from the hospital's mobile clinic
makes it difficult for the Israeli authorities to reject the application.
Creating parallel hospitals on the east side of the barrier: For the past few years, there have been
reports of efforts to open a teaching hospital in Abu-Dis, east of
Jerusalem. This initiative is to be funded by the
Japanese government, in coordination with, and assisted by,
Israel.
The new hospital is intended to serve
al-Quds
University's medical school,
thereby offering an alternative to
Mokassed
Hospital as the only teaching
hospital in the
Occupied Territories.
The new hospital is also meant to serve the Palestinian population east and
south of
Jerusalem, whose freedom
of movement to medical services in
Jerusalem
has been restricted, especially after the building of the barrier south and
east of the city.
While the planned hospital is intended to ease patients' and students'
access to medical treatment, it will contribute, in the long term, to
disconnecting
Jerusalem from the
rest of the
West Bank. Moreover, creating an alternative
hospital to Mokassed may put Mokassed at risk for closure, after its
decades-long reputation as the most advanced medical center in the
Occupied
Territories.
It is not surprising, then, that at the cabinet meeting that decided to
provide services to the Palestinian population cut off from the city by the
barrier, the government offered hospitals assistance in opening branches beyond
the barrier. This "bear hug" is clearly motivated by the interest of
complete separation: if there is no flow of patients to the hospitals, the
hospitals will cease to operate
[57].
The Future of Palestinian Medicine: al-Quds
University Medical
School
In all the years of occupation,
Israel
has not allowed Palestinian students to study in
Israel.
Whoever wished to study medicine had to travel outside the area, usually to
Eastern European countries. When the PA
was created, one of its goals was to create a future for local medicine.
The Faculty of Medicine was created in 1994, as part of
al-Quds
University in Abu-Dis. This
institution has great significance as the only one that trains physicians in
the
Occupied Territories.
Graduates receive a Palestinian work license to practice medicine, following
six years of study and two years' residency at Palestinian hospitals in
East
Jerusalem, where a wide range of specialization fields is
available. The practical studies beginning in the fourth year of studies take
place mostly at
Mokassed Hospital,
as well as at other hospitals in
East Jerusalem and
elsewhere in the
Occupied Territories.
The demand for studying at the al-Quds Medical School is constantly on the rise
by high school graduates all over the
West Bank and Gaza
Strip. Four classes have graduated so far, and enrollment is now at 290,
including 60% women.
The degree awarded by
al-Quds University
is not recognized by the World Health Organization, based on the UN regulations
that only accept certification by universities in countries recognized by the
UN. Subsequently, the
al-Quds University
Medical School
has appealed to other countries, including the
US,
Canada and
Britain,
all of whom have agreed to recognize al-Quds certification and open their
doors to its graduates for work or residency.
Israel
does not recognize the al-Quds degree and bars its graduates from doing
residencies at, or being employed by, Israeli hospitals.
Israel
also prevents them from working at Palestinian hospitals in
East
Jerusalem (see section on medical staff).
Notwithstanding the assistance received from local and international
organizations, students face many hardships on the way to the degree, primarily
difficulties in access to the Abu-Dis campus and to
Mokassed
Hospital. Harsh restrictions have
been imposed on the students' freedom of movement: according to Civil
Administration policy, a Palestinian under age 24 cannot receive a magnetic
card, a prerequisite for applying for a permit for passage within the
Occupied
Territories and/or between the
Territories and
Jerusalem.
Therefore the large majority of Palestinian students, including medical
students, could not get these permits. Before September 2000, some traveled to
the university via detours,
and others chose to live close to the
university, avoiding the tiring daily trip, full of uncertainty, to another day
of studies. In January 2005, al-Quds Medical School administration was able to
reach an agreement with the Civil Administration that medical students would be
able to apply for a magnetic card from age 21. Consequently, some of
the
medical students, residents of the
West Bank only,
received permits to travel between parts of the
West Bank
and the Abu-Dis campus, and between the campus and
East Jerusalem.
The problem became more acute with the outbreak of the Intifada in
September 2000 and the proliferation of checkpoints all over the
Occupied
Territories, particularly at
entrances to
East Jerusalem.
Students' arrival at
East Jerusalem hospitals has become a nearly impossible
task:
the eastern section of the
barrier being completed around
Jerusalem
runs only meters from the Abu-Dis campus, separating the medical school, which
is on the eastern side of the barrier, from the East Jerusalem Palestinian
hospitals on the western side. Students
from the Gaza Strip are in a particularly difficult situation.
Their
access to
Jerusalem was never easy,
but since September 2000,
Israel
does not allow their access to the medical school at all.
On
July 23, 2002,
Israeli forces
entered the university, arresting two students from the Gaza Strip and
deporting them back to
Gaza.
The medical school attempted to partially resolve Gazan students'
predicament through the assistance of the Gazan institutions
al-Azhar
University,
al-Shafa
Hospital and the
European
Hospital, which allowed these
students to make up practical training. As these are not teaching hospitals,
however, this solution constitutes a significant compromise both in terms of
the academic standards
set by the medical school and of the
essential connection between the
West Bank and the Gaza
Strip. In addition, some of the studies take place via lecturers sent from the
West
Bank to the Gaza Strip, and some via videoconferencing
[58].
These harsh restrictions severely infringe upon Palestinians'
opportunity to
produce a
suitable medical
reserve
necessary for the creation of an independent, efficient health care
system. Furthermore, up until a few
months ago, young people from the Gaza Strip wishing to study at higher
education institutions abroad were thwarted by the inflexible Israeli policy
barring men ages 16-35 and women up to age 25 from leaving Gaza's borders.
This
policy prevented hundreds of young people from going abroad to begin or
continue their studies, and prohibited young doctors from going for their
residencies abroad
[59].
PHR-Israel contacted the Coordinator of Government Operations in the
Territories
protesting the damage done to the education system,
particularly to medical studies
. We
asserted that
these restrictions deprive Palestinian society of the
opportunity to plan and build a specialized society able to fulfill its future
needs.
It takes no small measure
of cynicism on the part of Israel to contend on the one hand that the
Palestinian Authority is responsible for
malnutrition and for providing health
care services in its jurisdiction, while reserving the right on the other hand
to restrict development of health care and education services.
No
response to our complaint has been received.
Preventing Palestinian students, particularly Gaza Strip residents, from
studying medicine is an ongoing Israeli policy. Throughout all the years of
occupation,
Israel
has not allowed Palestinians to pursue medical studies at Israeli universities.
Palestinian young people wishing to do so have had to study abroad, placing a
heavy financial burden on their families.
Having nothing to do with
students' security backgrounds,
Israel's
arbitrary policy prevents Palestinians from realizing training opportunities,
their right to education, their personal futures and the future of the society
they wish to serve.
Preventing passage from Gaza Strip to the
West
Bank also contradicts the Oslo Accords, which obligate
Israel
to preserve the territorial integrity of the two areas
[60].
N. is a 24-year-old
Jenin resident, a
sixth-year student at
al-Quds University's
Medical School.
Since the beginning of her practical training at Mokassed, N. has been barred
from entering
Jerusalem on the
grounds that she is under the minimum age for a magnetic card and a permit.
After removal of the age condition, N. was again denied a permit, this time on
security grounds. In December 2004, after all of N.'s efforts, even with the
assistance of both the medical school and the hospital, failed, she contacted
PHR-Israel requesting our help in getting the restriction removed.
PHR-Israel
contacted several authorities, including the
Jenin
DCO, the Civil Administration's Health Coordinator, and the military's Legal
Advisor.
Only then did it become apparent that a police restriction had
been placed on N.'s entry into
Jerusalem,
because in the past she entered without a permit, and has since been classified
as staying in
Israel
illegally. N.'s sixth and final school year is supposed to begin in
mid-September 2005, and the case still awaits resolution.
Suffocating Jerusalem: Summary[61]
The debate on
Jerusalem and
its status touches upon the most sensitive nerves of the conflict, and is of
considerable impact in the international arena. It is particularly astonishing,
then, that facts are being established on the ground without interference, by
the only player on the field:
Israel.
From what we have learned about the manner of planning and decision-making
regarding the barrier's route, it is clear that the health and welfare of the
Palestinian population is not a significant, if at all existent, consideration
in the Israeli government's decisions. Unilateral, calculated political
maneuvers, which violate many basic human rights of Palestinians and contradict
international agreements, are facilitated by the apparent lack of interest or
pressure by Israeli society and its legal system, as well as on the part of
international groups.
The cutting off of hospitals in
East Jerusalem
from the rest of the
Occupied Territories
is a gradual process which can only be perceived as calculated, intended to
serve political ends. Requiring patients
who wish to get to hospitals to obtain permits has in turn led to hospitals'
dependence on Jerusalemite patients, who are referred through Israeli health
maintentance organizations (
kupot holim). Hospitals have been required
to comply with permits, quotas and licenses for their staff, all in keeping
with
the times, and serving the needs of the Israelis.
The implications of the closure and the barrier on hospitals are devastating.
As far as
Israel
is concerned, hospitals are not a target in themselves, but rather a symbol of
urban life in what is, still, a Palestinian metropolis. Clearly, as we head for
possible negotiations, or even without negotiations,
Israel
is willing to tolerate the presence of "Palestinian residents of
East
Jerusalem" but not the presence of a Palestinian center
declaring itself as such. The connection with the
West Bank
is, therefore, the initial target for destruction by the barrier.
The survival tactics adopted by the hospitals are just that: good for
the short term and for economic survival, as long as
Israel
does not take di