A/HRC/34/70 24. In December 2016, the Office for the Coordination of Humanitarian Affairs noted a serious deterioration in the access to Gaza and the ability to leave it for humanitarian staff, having documented an increase in permit denials from 4 per cent in 2015 to 40 per cent in the third quarter of 2016.34 In addition, at that time, the Office reported that 60 United Nations national staff had not only been denied exit permits, but were prohibited from reapplying for a period of 12 months. 35 An increase in the revocation of permits for national staff of international organizations at the Erez crossing was also documented in 2016 as compared to 2015.36 25. Preventing humanitarian staff from entering and leaving Gaza may amount to a violation of the duty of the occupying Power to facilitate and allow the delivery of humanitarian aid, as provided for in article 23 of the Fourth Geneva Convention. 37 Furthermore, two humanitarian workers in Gaza were arrested by the Israeli authorities in 2016, allegedly for connections to Hamas. Restrictions on humanitarian work and human rights work only serve to further isolate the already vulnerable residents of Gaza. These events echo the harassment and challenges faced by human rights defenders working in the West Bank and Gaza, which are discussed in more detail below. 26. In 2016, exit permits were also increasingly denied, allegedly on security grounds and often without any further information given for the reason, making it practically impossible for decisions to be challenged. 38 There is a constant tension in all nations between balancing individual rights and freedoms with the security of the State, but that balance must constantly be sought. Any derogation from human rights law must be undertaken without discrimination, must be prescribed by law, must be narrowly tailored to a specific, legitimate purpose and must be both necessary and proportional to any threat. 39 Infrastructure 27. While the residents of Gaza face increasing challenges in their attempts to move freely to other parts of the world, or even to the West Bank, the infrastructure of the densely populated area continues to crumble. That was demonstrated most starkly during an electricity crisis at the beginning of 2017. During that crisis, residents had access to as little as three hours of electricity per day, in the midst of a cold winter. 40 Even when not in crisis, residents of Gaza have access to electricity only in eight-hour cycles. In January 2017, they took to the streets to protest against the electricity shortage, calling on the authorities to find a solution to the ongoing problem. 28. Electricity shortages have been a regular occurrence since 2007 and have a significant impact on the provision of basic services, including access to health care, while also undermining livelihoods in an already precarious economic climate. 41 Electricity in Gaza is provided by Israel, Egypt and a power plant opened in Gaza in 2002. Israel controls its own sale of electricity to Gaza and the import of fuel. In 2007, Israel decided to reduce the amount of fuel and electricity to Gaza to an amount that, according to Gisha, fell short of meeting essential needs. 42 Owing to damage to the power plant caused by Israeli airstrikes, it does not operate at full capacity. Comprehensive repairs have not been conducted, in large part due to restrictions on the import of items the Israeli authorities consider to be “dual use”. Israel also controls the entry and exit of individuals with the 34 35 36 37 38 39 40 41 42 See www.ochaopt.org/content/serious-deterioration-access-humanitarian-staff-and-gaza. Ibid. Gisha, “Security blocks restricting travel through Erez Crossing”. See also customary international humanitarian law rule 55. Gisha, “Security blocks restricting travel through Erez Crossing”. See, for example, Office of the United Nations High Commissioner for Human Rights (OHCHR) fact sheet No. 32, “Human rights, terrorism and counter-terrorism” (2008), p. 24. Jack Khoury, “With only 3 hours of electricity a day, Gaza is ‘on verge of explosion’,” Haaretz, 7 January 2017. See gaza.ochaopt.org/2015/07/the-humanitarian-impact-of-gazas-electricity-and-fuel-crisis/. Gisha, “Hand on the switch: who’s responsible for Gaza’s infrastructure crisis?” (January 2017), p. 6. 7