PCHR
Wednesday, 25 July 2012 00:00
Fadel Abu Warda near his home in Jabalia.
Fishermen in the Gaza
Strip have to deal with more than just the typical occupational hazards. Instead of just worrying about holes in their
nets or fuel for their motors, fishermen, like Fadel Abuwarda (30), also have to
think about the regular illegal attacks, arrest, detention and confiscation of
their fishing equipment they are subject to by Israel’s naval forces. It does not matter whether they are within
the 3 nautical miles that Israel has unilaterally declared Gazans are allowed
to fish in. Nowhere in the Gaza Sea are
fishermen safe.
On 20 June 2012, at
around 19:30, Fadel and a friend came under Israeli fire while they were
fishing a mere 1700 meters from the Gaza Strip shore: “We had just thrown our
nets in the water when we saw an Israeli gunboat speeding towards us. We then tried to pull our fishing nets out of
the water and retreat, but they started shooting at us. Each time we made attempts to pull the nets
in, they fired at our boat.”
After opening intensive
fire on the 2 men, the initial Israeli gunboat left and was replaced by a
number of other smaller gunboats with soldiers on board: “The soldiers ordered
us to remove our clothes and jump into the water. We were crying and trying to talk to
them. We told them we were just poor
fishermen trying to make a living for our families. We begged and cried, but they would not want
to listen to anything we had to say.”
Fadel finally decided
to comply with the soldiers’ commands to remove his clothes and jump into the
sea: “I asked my friend to pull the nets out and turn back. He is young, only 19, I thought that they
would let him go back if I offered myself up, but they refused and started
firing at him again. He also removed his
clothes and jumped into the water.”
The
2 fishermen were
then pulled out of the water by the soldiers and onto one of their small
boats
that was circling around their fishing boat.
Fadel’s brother and cousin, as well as 2 other fishermen, were
working nearby on their own boats. A few
minutes later, all 4 of them were arrested and brought onto the small
Israeli
gunboat beside Fadel and his friend: “There were now 6 of us. We were
all blindfolded. They tied our hands and feet and forced us to
sit on the floor. We were all in our
underwear and sat on something that felt like a leather surface. It was
very uncomfortable. We asked them to give us our clothes, but
they only gave them to 4 of us. My
brother and cousin were not given anything to wear It was very
humiliating for
all of us.”
The
6 fishermen were
subsequently taken to the Ashdod port in Israel: “They removed our
blindfolds
and we saw many soldiers waiting for us in Ashdod. I kept wondering why
there were so many of them. We had not done anything wrong. We had
been fishing around 1700 meters from
the shore. We had not even gone near the
3 nautical miles. I just kept telling
them that we are poor fishermen trying to make a living.”
Fadel and the 5 other
fishermen were detained in a cell and each was questioned separately for
approximately 30 minutes. It was
at around midnight when they were left to sleep on mats in the cell: “In the
morning, they blindfolded us again and handcuffed us, then drove us to the Erez
checkpoint and released us there. They
did not tell us anything about our boats and fishing nets, or where we could
find them.”
For Fadel, losing his
only source of livelihood has caused him and his family huge financial strain:
“The losses that my brother and I incurred from losing 35 fishing nets and our
boats amounts to almost 30,000 USD. Until now, I have not heard about my boat and
nets. They are not where we left them
the night we were arrested and currently I have no money to replace them. One of my other brothers is also a fisherman,
so he took pity on me and hired me to work for him. I earn 20- 40 shekel each time I help him
fish. When I had my own boat, I used to
make 200 shekel. I barely have anything
to take home. My wife says I do not bring
money home anymore and this is hard for me.”
As a result of the loss
of his livelihood, Fadel is bracing himself for a bleak and uncertain future:
“I do not know if I will ever get my fishing equipment back. A few days before this incident, they fired at
me and another fisherman on my boat then held us under the sun for about 2
hours for no reason. They always do this
to poor people trying to make a living.
This is my work, my only occupation and my life. What else for me then? It has reached a point where I cannot even
bring myself to be scared anymore. Let
them arrest me if they want, after all, I will just be one of the many
Palestinians locked up in Israeli prisons and if they kill me while I am
fishing - let it be.”
The direct targeting of civilians and
civilian object constitutes a war crime, as codified in Article 8(2) (b) (ii)
of the Rome Statute of the International Criminal Court. The subsequent enforcement against private
property in the buffer zone results in Palestinians being unable to use the
property necessary for the production of food, violating numerous human rights
provisions, including the right to adequate food contained in Article 6 of the
International Covenant on Civil and Political Rights. Israel’s actions against the fishermen is
also a violation of their right to an
adequate standard of living, as codified in Article 25 of the Universal
Declaration of Human Rights and Article 11 of the International Covenant on
Economic, Social and Cultural Rights.
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