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AFRICAN UNION
^UNION AFRICAINE
African Commission onHuman &Peoples' Rights
UNIAO AFRICANA
Commission Africaine des Droits de I'Homme & des Peuples
31 Bijilo Annex Layout, Kombo North District, Western Region,P. O. Box 673, Banjul, TheGambiaTel: (220) 4410505/4410506; Fax: (220) 4410504
E-mail: [email protected]: Web www.achpr.org
Communication 479/14
Palestine Solidarity Alliance (PSA) and 5 Others
v
Egypt
Adopted by theAfrican Commission onHuman andPeoples' Rightsduring the 1f*Exra-Ordmary Session, from the 19 to 28 February 2015Banjul, The Gambia
Hon. Commissioner KAYITESI Zainabo
Chairperson ofthe African Commissionon Human and Peoples' Rights
MaryMaboreketo the African Commission on
Human and Peoples' Rights
Communication 479/14- Palestine Solidarity Alliance (PSA) and 5 Others v.
Egypt
Summary of the Complaint
1. The Secretariat of African Commission on Human and Peoples' Rights ( the
Secretariat) received a Complaint on 11 August 2014 from Palestine Solidarity
Alliance (PSA) and the International Coalition for Freedoms and Rights (ICFR)
and 4 Others (the Complainants), submitted against the Arab Republic of Egypt,
State Party to the African Charter on Human and Peoples' Rights1.
2. The Complainants submit that whether in coordination with Israel or of its own
accord, Egypt has maintained and continues to maintain essentially a total
closure of the Rafah border crossing thereby creating, contributing to or
intentionally compounding an enormous humanitarian crisis confronting a
defenceless and vulnerable refugee population of almost two million people, half
or more of who are children in Gaza.
3. The Complainants allege that Egypt has refused to open the Rafah border to
permit injured and trapped refugees to seek a safe haven and emergency
medical treatment within its own borders. It has further impeded or denied
access through the Rafah crossing to Gaza, volunteer physicians, nurses and
other medical support personnel as well as essential medicines and related
treatment material and equipment including ambulances and various portable
diagnostic apparatus.
4. The Complainants further allege that despite an enormous and evident need and
an abundant availability , Egypt has refused to permit the introduction into Gaza
1The Arab Republic of Egypt ratified the African Charter on 20 March 1984.
k %>—^ t^n, '«V,rtii«- •'
of food, foodstuffs, baby formulae and supplements, water and other essential
health and life sustaining provisions and necessities.
5. The Complainants aver that Egypt has refused offers from recognised
international aid associations and NGOs to provide to the trapped refugee
population of Gaza various essential energy and cooking resources such as coal,
gasoline, natural gas, petroleum and diesel fuel and portable stoves including
wood, pellet and fire places.
6. The Complainants state that Egypt has refused to permit volunteer electricians,
plumbers, masons, engineers and other skilled craftsmen and women with
expertise in infrastructure triage and repair to enter Gaza to undertake critical,
essential and life saving repairs to an already damaged infrastructure and
facilities that have been specifically targeted by Israel during its most recent
incursion.
7. The Complainants note that Gaza and its vulnerable refugee population is
essentially without any electricity, clean running water and protection and lacks
the technical and energy ability to provide core, fundamental and life sustaining
services for 1.8 million refugees.
Articles alleged to have been violated
8. The Complainants allege violation of Articles 4, 12 and 20 of the African Charter
on Human and Peoples' Rights (African Charter).
Prayers
9. The Complainants request the African Commission on Human and Peoples' Rights
(the Commission) to:
a. be seized of the Complaint without the need to exhaust local
remedies;
Procedure
b. treat the application as a matter of emergency pursuant to Article
58(3) of the African Charter and Rule 79 of its Rules of Procedure;
c. urgently request Egypt to adopt Provisional measures pursuant to
Rule 98 of its Rules of Procedure to prevent irreparable harm to the
life, health, safety and well-being of millions of refugees in Gaza,
including and not limited to:
i. The full, unfettered and immediate opening of the
Rafah border crossing in order to enable critical
personnel such as physicians, nurses and other
medical staff and services, including much need
medicine and equipment, food stuffs, water and
energy and fuel supplies to find its way to hospitals,
shelters, food kitchens and schools;
ii. The full, unfettered and immediate opening of the
Rafah border to permit skilled trades peoples and
building materials to enter Gaza to undertake
necessary repair of essential services and
infrastructure;
ii. The full, unfettered and immediate opening of the
Rafah border to permit persons trapped by fighting to
find safe haven and to permit relatives of refugees to
provide assistance to their families.
d. order the permanent opening of the Rafah Border crossing; and
e. such further and additional action that the Commission deems
necessary and appropriate.
10. The Secretariat received the Complaint on 11 August 2014 and acknowledged
receipt of the same on 13 August 2014.
Analysis of the Commission on Seizure and Provisional Measures:
11. The Commission is of the view that the Complaint contains all the information
required under Rule 93(2) of its Rules of Procedure.
12.The Commission further finds that the Complaint reveals a prima facie violation
of the African Charter.
13.Regarding the request for Provisional Measures, Article 98 (2) of the
Commission's Rules of Procedure provides that ^atany time after the receipt ofa
Communication and before a determination on the Merits, the Commission may,
on its initiative or at the request of a party to the Communication, request that
the State concerned adopt Provisional Measures to prevent irreparable harm to
the victims or victims of the alleged violation as urgently as the situation
demands'.
14. In the case at hand, the nature of the request for Provisional Measures is the
same as the substantive reliefs sought in the Communication which should be
decided by the Commission based on the Merits. Therefore granting the request
for Provisional Measures will automatically amount to granting the entire
remedies sought in the Communication and will therefore directly foreclose the
Complaint.
Decision of the Commission on Seizure and Provisional Measures:
15. For the above reasons, the Commission decides:
i. to be seized of this Communication and to request the Complainants to
submit arguments on Admissibility within two (2) months in accordance
with Rule 105(1) of its Rules of Procedure; and
ii. not to grant the request for Provisional Measures requested by the
Complainants.
Done in Banjul, The Gambia, this 17th Extra-Ordinary Session held from
19 to28 February 2015