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: au-banjul@africa-union.orp: 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