UNION AFRICAINE
AFRICAN UNION
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, TheGambia Tel: (220) 4410505/4410506; Fax: (220) 4410504 E-mail: au-banjul@africa-union.orp: Web www.achpr.org
Communication 479/14
Palestine Solidarity Alliance (PSA) and 5 Others v
Egypt
Adopted by the
African Commission onHuman andPeoples' Rights
during the 1f*Exra-Ordmary Session, from the 19 to 28 February 2015 Banjul, The Gambia
Hon. Commissioner KAYITESI Zainabo
Chairperson ofthe African Commission on Human and Peoples' Rights
MaryMaboreke to 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.
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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;
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 necessary
materials to repair
of
enter Gaza to essential
undertake
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. Procedure
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 of a 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