Violations of the Right to Education During the Al-Aqsa Intifada

The Al-Aqsa Intifada, which began on September 28, 2000 has led to the most comprehensive Israeli military and economic siege ever experienced in the Occupied Palestinian Territories (OPT). Israeli policies and practices of closure, curfew, and destruction of educational facilities due to shelling and the use of heavy weaponry have had a devastating impact on the Palestinian education sector.

The right to education is guaranteed in international human rights and humanitarian law and is enshrined in the following conventions:

• The Universal Declaration of Human Rights (1948): Article 26 guarantees the right of education for anyone without disruption of educational process.
  
• The International Covenant on Economic, Social and Cultural Rights (1967): Articles 13 and 14 guarantee free and compulsory education and equal access to secondary and higher education. The Covenant further recognizes that “education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. The Covenant was ratified by Israel in 1991.
  
• Fourth Geneva Convention (1949): Article 50 provides that “The Occupying Power shall, with the cooperation of the national and local authorities, facilitate the proper working of all institutions devoted to the care and education of children.”

Inability of students and teachers to reach schools
In the West Bank Palestinian students and teachers are unable to travel between villages due to roadblocks and military barriers. The percentage of teachers who cannot report to work varies between 10-90% depending on location. The UNRWA Department of Education reported the loss of 1800 study days in its 186 schools in the Gaza Strip between September 29 and November 15, 2000. In early March, the tight siege on Ramallah and Al Bireh stopped most movement and the Ministry of Education reports that 91,500 students and 4,530 teachers were prevented from reaching their schools in the Ramallah district.

The Gaza Strip has been divided into four areas and the main north-south road is closed. The siege has paralyzed schools and universities since a majority of teachers and students from the South must travel to institutions in Gaza City. For example, 40% of the students at the Islamic University of Gaza and 25% of its employees, who reside in the South of the Strip, could not reach the University. In total, over 11,000 university students (over one-third of all students in Gaza City) are unable to travel to their universities.

Students from the Gaza Strip studying at universities in the West Bank are unable to reach their places of study or are unable to return home to the Gaza Strip since the beginning of the siege. For example, in October at Birzeit University, near Ramallah, of the 307 Gaza students registered, only 185 were present when the new school year began. On March 7, 2000 the main road leading to the city of Birzeit was bulldozed. Over 6000 students, faculty and staff have been prevented from reaching the campus and communication facilities have been totally cut to the university, isolating it from the outside world. Birzeit suspended its operations on March 10, 2001.

Closure of Schools
The Ministry of Education reports that 41 schools (serving 20,000 children) have been closed since the beginning of the Intifada as a result of Israeli military orders, siege or curfew or because they are located in areas unsafe for students and teachers. In Al Khader, four schools were closed by Israeli military order for the month of October 2000 affecting 2,500 pupils.

The most severe closure of schools is in the city of Hebron where the Israeli army imposed a strict curfew, depriving 13,000 students of their right to education for 84 consecutive days, as of January 24, 2000, and leading to the closure of 28 schools. 460 teachers (60% of all teachers) could not get to work. Four schools have been taken over by the army as outposts in Hebron.

Risk of death or injury
Students and teachers who attempt to circumvent roadblocks to reach their schools put themselves at risk; some have been fired upon and have been killed or injured while traveling to and from school.

Educational Materials Blocked
Transfer of 2.4 million study books intended for use in the second semester has been blocked. These books could not be distributed to the departments of education in the different Palestinian provinces of the West Bank and Gaza Strip.

Problems of Administration
Educational Administrative personnel have difficulty reaching their district offices and the central Palestinian Ministry of Education offices in Ramallah and Gaza. As a result, the Ministry office in Ramallah reported in the first three weeks of the siege that they were operating with less than 20% of their staff. Instead of focusing on the administration and management of education, efforts have been directed towards handling emergency issues.

Damage to Educational Facilities
At least 30 schools have been damaged or destroyed by Israeli army shooting and shelling. The walls, doors, windows, furniture, desks, offices and playgrounds of these schools were damaged. The Ministry of Education had to evacuate several schools to protect children from indiscriminate Israeli bombing.

Israeli tanks have also attacked the Palestine Technical College in Tulkarem and the College of Education in Gaza. The shelling damaged most of the structure of the technical college, especially the main building which houses the administration offices, labs, library and lecture halls.

In February 2001, the National School for Blind Girls in Ramallah came under fire from Israeli tanks and heavy weaponry. The school was shelled for over three hours, causing intensive damage to the building. Evacuation of the children was difficult due to their inability to see what was happening.

Long-term Impacts of the Closure and Military Siege

Costs to the Ministry of Education
The Ministry of Education’s educational development plans and other donor-funded projects have been disrupted as a result of the violence and instability; it is uncertain how long it will be until the projects can resume. The Ministry, as well as other PA agencies, is running out of money due to decreased government revenues. The repair of damaged facilities will cost millions of dollars and may not be affordable for some time.

Impact on Educational Achievement
Constant changes in the schedule of classes and examination dates, cancellation of classes, shortened class periods, closure of schools and loss of education days have disrupted the normal course of education and will have long-term impacts on educational achievement.

Psychological impact of the Siege on Children
The siege on the territories and the resulting shelling, killings and injuries have created a state of continued fear and anxiety among Palestinian children. Approximately 225 social workers and psychologists with DCI/PS’s Crisis Intervention Project throughout the West Bank and Gaza report that Palestinian children exhibit extreme fear, sleep disturbances, inability to concentrate and isolation. These symptoms have short and long-term consequences for learning and achievement.

Over 250 Palestinian children have been detained by the Israeli occupation authorities and routinely face physical and psychological torture, arbitrary arrests and detentions and detentions without trial. As of late February 2001, 100 Palestinian children have been killed and over 4,000 injured. The physical and psychological effects of the Al Aqsa Intifada will pose serious challenges to the Palestinian educational system and will require additional resources and personnel trained to deal with the needs of physically disabled and emotionally disturbed children.

Sources: LAW Society, Al-Mezan Center for Human Rights, B’Tselem, Palestinian Ministry of Education, UNRWA, Birzeit University, The Palestinian Centre for Human Rights, Defense of Children International/Palestine Section and Hilary Burke of the Herald News). Updated March 16, 2001.