With a global population in excess of six billion, childbirth is such a commonplace event that the complexities of human reproduction and potential for adverse outcome are often overlooked. Even with the best of medical care, there are inevitably a number of risks associated with pregnancy, childbirth and the postnatal period that run the gamut from the minor (e.g. nausea) to the severest consequences in the form of maternal or infant death.

In most industrialized nations, maternal mortality ratios average 5-6/100,000 live births. In less developed countries, the ratio may be as high as 1,000 or more maternal deaths for every 100,000 live births. The necessary medical precautions and care to ensure a safe and respectful environment for both mother and child are the main determinants of positive obstetric outcomes. And for those women whose lives are threatened by motherhood, the stakes are all too real.

Consider the situation in the West Bank and Gaza Strip. Babies wait for no one. Once they are on their way into the world, no tank, curfew or gunfire will stop them. With nearly 800 military barriers erected in the Occupied Palestinian Territories (OCHA Consolidated Appeal, November 2004) emergency obstetric care has become one of the most serious public health concerns and human rights issues. From the outbreak of the second Intifada in September 2000, the scale of violence and restriction on movement has had a severe and detrimental impact on the access of Palestinians to appropriate health services and care.

Palestinian Ministry of Health statistics show that essential reproductive health services, such as antenatal care have dropped from 82.4 percent at end 2002 to 71 percent at the end 2003. Deliveries at home have also risen, particularly in the West Bank, where numbers are not only higher but where the incidence of internal closures is also more important, notably because of the Separation Barrier that has isolated some 210,000 people. What poses a further risk is the threat of delivering in emergencies where no skilled attendant is available.

The time to reach health facilities as a result of this imposed fragmentation has also translated into increased delays, effort and funds (often with out-of-pocket family resources). With traditional support networks to women collapsing coupled with rampant poverty rates at 47 percent of the population in the West Bank and Gaza (Disengagement, the Palestinian Economy and the Settlements, World Bank Report; June 2004), it is likely that that women's health will deteriorate even further. Though it is arguable that any denial of access to appropriate health care is a breach of human rights, impeding a pregnant woman from such care is particularly insidious since the repercussions impact the mother, infant and family, based on the fact that mothers are the main caretakers in traditional societies such as in the Palestinian context. Loss of a mother to sickness or death will inevitably mean less care for existing children. Remarriage of the husband is also common and tends to upset the family dynamics when a stepmother is introduced, with negative consequences on gender equity concerns, though this is not within the scope of this article. Such has been the fate of at least 61 Palestinian women in the OPT in the last four years (Palestinian Ministry of Health statistics, Oct. 2004).

Let us take the case of Houria Miri (Birth at the Checkpoint; film by UNFPA, 2002). To listen to her story is to understand.

In 2002, Houria, then 40 years old, was in the eighth month of her sixth pregnancy when sudden complications arose and she began hemorrhaging. Alerted, her husband immediately rang the emergency medical services for an ambulance. The Yassins live in a village just outside of Jericho that is closed off by a checkpoint on the main road as well as a dirt mound barricade around their village. The Yassins were informed by the emergency services that an ambulance would be waiting outside the checkpoint on the main road, but that they were denied entry to the road itself and to their village; somehow, Houria and her husband would have to find a way to cross the distance to get to the ambulance.

They set out by car after crossing the dirt mound to their village by foot. Upon arriving at the checkpoint on the road to Jericho, armed soldiers confronted the couple with pointed guns even though it was obvious that the woman was pregnant and in distress. For over an hour, the husband pleaded with Israeli troops oblivious to the plight of Houria and despite her hemorrhaging. The couple could see the ambulance across the checkpoint but it remained a distant image as Houria's condition worsened by the minute.

Finally, Houria gave in from exhaustion. Infuriated and wrought with  anxiety, her husband informed the soldiers that he would leave her to die at their feet and let them take responsibility. Only then did they finally consent to allow only Houria to pass through the checkpoint, and on foot.

Somehow she gathered her strength and slowly began walking the two kilometers to the ambulance, bleeding the entire way. She never made it and collapsed with Israeli troops watching. When she awoke hours later in hospital and after an emergency caesarian section, Houria was alive but in critical condition. The baby did not make it. Until this day, Houria suffers from depression and a slew of physical complaints.

Another woman, Fatima, was forced to give birth at a checkpoint in the Hebron area under the direct gaze of three Israeli soldiers after she waited for over an hour in labor in a private vehicle (Birth at the Checkpoint; film by UNFPA, 2002). Her placenta subsequently ruptured and she narrowly escaped death only through the heroic efforts of her family, medical practitioners and a four-hour surgery. Miraculously, the child, a girl, survived. The trauma to the mother, however, has left deep psychological scars in addition to the physical.

These are just two women's testimonies. In total, 61 births at checkpoints have been documented by the Palestinian Ministry of Health as of October 2004 (MOH statistics, Oct. 2004). For every recorded incident, it is likely that many more go undocumented. Women whose infants die on the road to hospital or where no skilled birth attendant is available at the time of delivery may not submit a birth and death certificate. Moreover, while maternal and infant deaths make newspaper headlines, there are less obvious but very powerful implications for women's tribulations in this respect.

Maternal morbidity, including psychosocial distress and illness in addition to any physical trauma, has an impact on the woman herself as well as her family. Since records are kept at health facilities, and many women do not have regular access to health facilities under the circumstances, much of the morbidity among women is thought to go unchecked until their situation is very severe.

It may seem as stating the obvious that without ending the Israeli occupation and allowing access to health facilities, no institutional response can address the issue at hand. However, and since access to quality health care is a basic human right, intermediate measures to alleviate the situation are warranted. Though 61 women may not seem like a large number, each and every woman represents a life that was not respected and put needlessly at risk of physical danger, degradation and psychological trauma. Efforts in partnering with agencies whose mandate is to protect civil and human rights such as Physicians for Human Rights, Mahsoum Watch and Amnesty International must be stepped up to create greater awareness of the inhumanity of allowing even a single childbirth at a military barrier, not to mention the 36 infant deaths and an undocumented number of maternal deaths, to happen.

As for health care system response, there are a number of actions that can be of assistance. UNFPA, as well as its partners and others in the field, have been involved in training health care providers (doctors, nurses and midwives) on community-based obstetric care. Because these professionals live in the communities they serve, responses to normal or emergency delivery are at hand. Moreover, these health providers are supported by community volunteers who have also been trained in emergency care. Another measure has been to link community providers with emergency medical services for quicker responses as well as setting up a hotline to provide further support.

Many argue that international agencies who provide such support really only alleviate the symptoms but not the disease, and are actually picking up the tab for the Israelis and thus diminishing the chance for a more holistic solution. This is a valid concern, but only to a degree. As with many humanitarian concerns, activists must find the balance between what is correct and what is humane. Should we allow more women or babies to die at checkpoints simply because a comprehensive solution to end the occupation is needed? Perhaps, as with any humanitarian concern, activists and professionals must question the need for balance between the ideal and the reality. Furthermore, working towards a comprehensive solution and meeting immediate needs should not be viewed as mutually exclusive. Rather, the two should go hand in hand. As proponents of human rights, we have a responsibility to women like Houria and Fatima not to allow this to happen again.

Several United Nations agencies operating in the Occupied Palestinian Territories recently submitted a report to the UN General Assembly at the convening of its annual summit in New York. The report was researched and compiled by the UNFPA, UNRWA, and WHO, in conjunction with the Palestinian Ministry of Health (MOH) and presented to the United Nations High Commissioner for Human Rights. The report highlighted the denial of basic human rights and obstetric health care to 61 Palestinian women, who were forced against their will to give birth at one Israel’s many illegal checkpoints scattered randomly throughout the West Bank and Gaza. Even more frightening and inhumane, the report noted that 36 infants died as a direct effect of Israeli obstruction at checkpoints. Regardless of whether these actions constitute official Israeli policy towards the occupied Palestinians, they represent a grave human rights violation and breach of internationally binding and accepted laws of war.

Israel’s premise for the construction of over 600 military checkpoints throughout the West Bank and Gaza, and for the construction of the Annexation and Segregation Wall, is to fight what it calls Palestinian “terrorists,” as a preventive security measure to protect its citizens. However, the reality of Israel’s occupation is much different. As a recent UN report attests, Israel’s occupation is directed towards all portions of Palestinian society: young, old, poor, rich, male, female, teacher, student, doctor, and lawyer, regardless of their activities.

The report, which was submitted to the UN Secretary-General by John Dugard, the United Nations Special Rapporteur to the Commission on Human Rights stressed the detrimental effects of the Israeli checkpoints and the Wall on Palestinian women’s health. It also noted that “Palestinian women are routinely harassed, intimidated and abused by Israeli soldiers at checkpoints and gates…Women’s health has suffered as a result of their inability to reach health centers. Pregnant women are vulnerable to long waits at checkpoints. A number of unsafe deliveries in which both mothers and infants have died have occurred at checkpoints. From the beginning of the second intifada to march 2004, 55 Palestinian women have given at checkpoints and 33 newborns were stillborn at checkpoints, owing to delays or denial of permission to reach medical facilities.”

One could begin by trying to justify Palestinian resistance activities (which Israel refers to as Palestinian terrorism no matter what the nature of the actual operation), in this recent uprising, many of which are deemed legal by the Geneva Conventions in accordance with the articles pertaining to the rights and duties of an occupied population. Though the Geneva Conventions explicitly and implicitly state these resistance activities whether violent or non-violent must be restricted towards combatants, and not the civilian population. The precondition or prerequisite for both occupier and occupied is to avoid the targeting of their respective civilian populations. It should be noted that the bigger burden of the responsibility rests on the shoulders of the latter, namely the occupier, for the simple fact that all forms of colonial and foreign domination are categorically illegal. However, that is not the case this article wishes to make. What is at stake is the quest for common humanity and basic ethical principles in times of armed conflict.

According to the Geneva Conventions and the Universal Declaration of Human Rights, to which Israel is a signatory and is hence legally obliged to abide, pregnant Palestinian women are to be considered as civilian ‘non combatants’ , and nothing else. If Israel’s occupation of Palestinian land and people is being conducted under the pretext of a “War on Terror,” it should then logically be subject to the laws of war. In a recent article written by William G. O’Neil, titled ‘War on Terror’ Subject to International Law, the author says, “If the war on terrorism truly is a “war,” then the laws of armed conflict apply, both to states combating terror and to terrorists themselves. These laws are commonly known as the Geneva Convention and Protocols. and can never be suspended; they are designed precisely to apply in situations of great danger and violence. Certain parts of international human rights law, on the other hand, may be suspended in times of public emergency. The freedoms of speech, association and assembly for example may be restricted under carefully defined conditions. Other rights, like the right to life and the prohibition of torture, can never be suspended, even in all-out war.”

Thus, the forcible obstruction of Palestinian pregnant women at checkpoints, which has caused death, psychological trauma and long-term health complications, represents a breach of the most basic human right-the right to life, which cannot be derogated, even in a time of heightened tension between the Israeli army and Palestinian resistance fighters.

One of these cases was documented in the article, “At Checkpoints, Babies Are Born, or Die,” by Laila Baker. In 2002, a Palestinian woman named Houria Miri was prevented for several hours from accessing an ambulance by Israeli soldiers for no apparent reason. The woman eventually collapsed from severe hemorrhage, and following an emergency cesarean section at a nearby hospital, her baby died while she remained in critical medical condition for days. The psychological scars of this experience linger in her mind till today.

The phenomenon of Palestinian women giving birth at checkpoints illustrates the extent to which the Palestinian-Israeli conflict has diverged from (1) the days of “once upon a peace process;” (2) any universal moral or ethical standards; and (3) adherence to international human rights law and particularly the Laws of War. Furthermore, in many ways this policy embodies the relentless and all-out war waged by Israel, to which all Palestinians without exception are prone. Most importantly, to find out that the Palestinian-Israeli conflict has spun so far out of control, only makes the case for a comprehensive and just peace settlement peace based on international law and legitimacy, and most notably UN Security Resolutions 194, 242, 338, 1397 and General Assembly resolution 181, which represents the back bone or perquisites laid out by the international community to recognize Israel as an independent and sovereign state.

What should be done? Politically, the most immediate measure that should be taken by the international community, is to force Israel through the unprecedented use of a Chapter 7 UNSC resolution, to comply with all previously binding UNSC resolutions, or face the threat of international sanctions. Secondly, a great deal of money and a number of soft loans have been pledged by the international community for the aid and development of the Palestinian Territories, most notably the pledge by the G8 at the recent Glenn Eagles summit, to give Palestinian National Authority 3 Billion Dollars in direct aid. Even though a portion of this money will be used to create new and develop existing health facilities, this is sadly far from enough. Economic aid in this case will only fight and prevent some of the symptoms of the illegal Israeli occupation.

Lastly, Palestinian, Israeli and international human rights activists should focus the world’s attention on the dire issues concerning Palestinian women’s health, and in particular, pre and post natal care. In order to put a complete end to such inhumane practices, Laila Baker concludes her report by rightfully noting, “Should we allow women or babies to die at checkpoints simply because a comprehensive solution to the conflict is needed? Perhaps, as with many humanitarian concerns, activists and professionals must question the need for balance between the ideal and the reality. Furthermore, working towards a comprehensive solution and meeting immediate needs should not be viewed as mutually exclusive. Rather the two should go hand in hand.”

1_March 2019, Ramallah – On the occasion of the International Women’s Day (8 March), a week-long joint campaign “My Rights, Our Power” was launched today in Palestine to raise awareness on women’s fundamental human rights. The joint effort, with participation from over 30 national and international partners from civil society organizations, media outlets, and international development agencies, targets youth, women, and men in various geographic areas in the West Bank, including East Jerusalem, and Gaza to promote women’s human rights in Palestine.

The campaign comes at a crucial moment when the anticipated adoption of the Family Protection Bill is at a standstill, raising concerns among national and international stakeholders about the consequences of such delay on safeguarding women’s fundamental human rights in Palestine. According to the Palestine report of the International Men and Gender Equality Survey (IMAGES), nearly one in five Palestinian men (17 percent) surveyed said they had perpetrated act of physical intimate partner violence against female partners, while 21 per cent of women surveyed reported having experienced such violence.

“Family violence, usually committed by a family member who has social or economic power over others in the family, causes enormous pain and suffering to all members of the family, especially the women and children,” said a spokesperson from civil society, which has vigorously initiated the development of the Family Protection Bill (FPB), and has strongly pushed its adoption since 2004.

“The violation of women’s human rights manifests in various levels and should be also understood from economic, cultural, and social aspects,” the spokesperson added, highlighting the lack of opportunities and freedom of choice, as well as limited access to justice and services that women in Palestine still experience.

The joint campaign aims to raise awareness of the general public, especially youth, women, and men on women’s fundamental rights in line with international standards and embedded in the Family Protection Bill draft endorsed by the previous Cabinet at the end of December 2018. Five key messages, addressing women’s right to a life free of violence, right to achieve justice and seek help in case of violation of such life, as well as the right to equal opportunities and right to make one’s own choices, will be distributed through various channels such as radio, social media, helpline (121), outreach activities, and on-site events. The closing event of the joint campaign will take place on 8 March in Jerusalem and will celebrate women’s achievements using TED-style talks, followed by art performances.

“My Rights, Our Power” joint campaign is part of the global International Women’s Day 2019 campaign under the theme of “Think equal, build smart, innovate for change”. The theme focuses on innovative ways in which we can advance gender equality and the empowerment of women, particularly in the areas of social protection systems, access to public services and sustainable infrastructure, echoing the theme of the 63rd session of the Commission on the Status of Women (CSW 63) taking place in New York on 11-22 March 2019.

The participating organizations of the “My Rights, Our Power” are (in alphabetical order): 17 Palestinian women’s organizations represented by Al-Muntada (coalition), British Consulate-General, Business Women Forum, CARE International, Consulate General of Sweden, Consulate General of Belgium, EUPOL COPPS, EU Representative Office, FAO, General Union of Palestinian Women, Government of Japan, CowaterSogema/GROW Project, International Labour Organization, Italian Agency for Development Cooperation, Ma’an TV, MIFTAH, Netherlands Representative Office, Nisaa FM, Office of the High Commissioner for Human Rights, Palestinian Working Woman Society for Development, Palestinian Family Planning and Protection Association, Representative Office of Canada, Representative Office of Denmark, SAWA, Sawasya II, Spanish Agency for International Development Cooperation, Sports for Life, Swiss Agency for Development and Cooperation, Representative Office of Norway, UNDP, UNESCO, UNFPA, UNICEF, UNOPS, UN Women, Women's Centre for Legal Aid and Counseling, Women’s Studies Center.

For more information, please contact Eunjin Jeong at UN Women via eunjin.jeong@unwomen.org or 059 2321 308, Majd Beltaji at UNESCO via m.beltaji@unesco.org or 059 4501 506.

Mr. President,

We thank France for organizing this important meeting and extend our appreciation to the Chef de Cabinet of the Secretary General, the Executive Director of UN Women, the NGO Working Group on Women, Peace and Security and the Secretary-General of the Organisation Internationale de la Francophonie for their efforts and important briefings.

The issue before us is of relevance not only for half the planet, but to all, given the role and contribution of women in the fields of peace and security and the untapped potential that could be unleashed by mainstreaming their participation. Since the adoption by consensus of resolution 1325 by this Council, a lot has happened, and yet we are still far from the goal of full and equal participation, including in the prevention and resolution of conflicts and in peace-building, and from ensuring the protection and empowerment of women. Gender equality and non-discrimination remain prerequisites for the fulfilment of the purposes and principles of this organization and all of our lofty, collective commitments, including the 2030 Agenda for Sustainable Development.

The State of Palestine welcomes the Secretary General’s report and his commitment to implementing the women and peace and security agenda, including by placing gender at the centre of his prevention platform and surge in diplomacy. We appreciate all efforts by the UN in this regard, including by UN Women, OHCHR and UNDP, notably in the field of human rights, capacity building, employment and rule of law. We urge UN bodies, notably those operating in Palestine, including the Special Representative, to intensify their engagement and collaboration with women organizations.

Mr. President,

I wish to highlight some of Palestine’s own important efforts in this regard. The Palestinian women’s movement is one of the oldest and strongest in the region and beyond, with institutional and representative structures established as early as the 19th century. Within the PLO, the General Union of Palestinian Women was among the first unions to be established. A coordination of women frameworks within PLO political parties and other organizations has also been established as the “Women’s Affairs Technical Committee” in the aftermath of the 1991 Madrid Peace Conference.

There have been many achievements thereafter. Among them: In 2012, Palestine inaugurated a High-Level National Committee for the implementation of resolution 1325, led by the Ministry of Women Affairs in partnership with relevant Ministries and NGOs. In 2016, the State of Palestine was among the 68 countries and areas that adopted a National Action Plan on women, peace and security.

This Action Plan (2017-2019), adopted by both the Government and civil society organizations, identifies three primary objectives: 1. ensuring protection for women and girls both domestically and in the face of the Israeli occupation; 2. ensuring accountability through national and international mechanisms, with a particular focus on crimes and violations committed by the occupation; and 3. furthering women’s political participation in decision making at the national and international level. The State of Palestine also joined core IHL and human rights instruments, including CEDAW, without reservations. Women’s participation and empowerment are also important and cross-cutting objectives in the context of the National Policy Agenda (2017-2022).

We are, however, conscious that, despite all these efforts, much more work remains to be done. Only in 2009 was a women elected to the highest executive body of the PLO. Quotas are still decisive in allowing women’s election to Parliament and local councils. And while women organizations were among the strongest advocates of national reconciliation, they have been unfairly absent from reconciliation talks. The relevant legislative framework applicable in Palestine is also outdated and must be revised to ensure consistency with Palestine’s international commitments and obligations and avail women the protection and rights they are entitled to and the opportunities they deserve.

Mr. President,

The Palestinian women’s movement since its establishment over a century ago pursued the struggle on two fronts – the struggle for the independence of Palestine and the struggle for women’s rights and empowerment – a dual struggle the movement continues to pursue to this day. The Israeli occupation remains the main source of the violations of our women’s rights and their vulnerability and violence against their person. We have repeatedly called for protection of the Palestinian people, especially women and children. We have also called for accountability, a key element of resolution 1325, the first resolution to address the disproportionate and unique impact of armed conflict on women, as the only way to put an end to violations and crimes.

While Palestine stands ready to do its part to advance women rights and the role of women in the fields of peace and security, it is clear that the enjoyment of these rights in our country necessitates ending the Israeli occupation. We will thus continue to work for an end of the occupation and true progress on the path to independence, justice and peace, with the equal and full involvement of women, leading to an independent State of Palestine ensuring human rights for all its citizens without discrimination.

On the occasion of the ICC Prosecutor’s Office to Palestine, the Palestinian Women Coalition of UNSCR 1325, which consists of twelve different Palestinian women’s organisations, is urging the Prosecutor’s Office to take concrete actions towards investigating war crimes committed against Palestinians. The Women’s International League for Peace and Freedom remains deeply concerned with the complete impunity of Israeli war crimes and firmly supports the Coalition’s call for a just accountability mechanism for Palestinian victims. WILPF also calls on the international community to recognise and fully support Palestinian women’s organisations substantial role in paving the paths to justice, accountability and peace. Read the statement of the Palestinian Women Coalition of UNSCR 1325 below.

We, the Palestinian Women Coalition of UNSCR 1325,welcome the visit of the delegation of the ICC Prosecutor’s Office as a step in the right direction. But we are deeply disappointed that the purpose of this visit was restricted to preliminary examination, while Palestinian victims of Israeli war crimes, including women, continue to suffer and urgently await justice and an end to Israel impunity.

We do not understand the decision to exclude the Gaza Strip from this visit, when Gaza has been the site of the most war crimes and where women have been most systematically impacted by Israeli collective punishment policies; a prolonged imposed siege and a severe humanitarian deterioration resulting from Israeli military aggressions .

We are further disappointed that women who have been systematically impacted, and their women’s organisations, have been excluded from the delegation’s agenda.

We call upon all future delegations of the ICC Prosecutor’s Office to include on their agenda meetings with women’s organisations and women who have experienced direct and indirect impacts of Israeli crimes.

We, the Palestinian Women Coalition of UNSCR 1325, have seen in UNSCR 1325, 2242, and other UN Resolutions a commitment to hold the Israeli perpetrators accountable for their war crimes.

We look to the ICC as the most important mechanism to end impunity for all war crimes committed, finally bringing justice for the Palestinian people. Yet, we are very concerned that the preliminary examinations will be an endless process.

Therefore, we urge, Ms. Fatou Bensouda, the Prosecutor of the ICC, to conclude the preliminary examination and move to investigations into Israeli war crimes, bringing justice to Palestinians.

We have paid the price of non-accountability and impunity of Israeli war crimes for too long. “Delaying justice is justice denied.”

Palestinian Women Coalition of UNSCR 1325: The General Union of Palestinian Women (GUPW), the Women’s Affairs Technical Committee (WATC), Palestinian Working Woman Society for Development (PWWSD), MIFTAH, Filastinyat, Women Media and Development (TAM), Women Stu Dies Center, Women’s Center for Legal Aid and Counseling (WACLAC), the National, YWCA of Palestine, Center for Women’s Legal Research and Consulting (CWLRC), the Culture and Free thought Association(CWLRC) and Women’s Affairs Center (GWAC).

Occupied Palestine

October 11, 2016