Palestinian Centre for Human Rights LTD (non profit)

Press Release

Ref: 51/2009
Date: 19 April 2009
Time: 08:30 GMT

Following a Hamas takeover on 22 March 2009, the effective operation of the External Treatment Department in the Gaza Strip has been halted for more than three weeks. Ten patients from the Gaza Strip have died as a result, while the health of more than 800 has severely deteriorated.

The Palestinian Centre for Human Rights (PCHR) appeals directly to the Palestinian President to urgently intervene – to the full extent of his powers – in order to ensure the effective operation of the External Treatment Department in the Gaza Strip.

PCHR further calls upon the Palestinian President to support the Gaza High Medical Committee on External Treatment. The establishment of this Committee was agreed upon by the two Ministries of Health in Gaza and Ramallah, under the mediation of the health sector within the Palestinian Non Governmental Organizations Network (PNGO), PCHR, and a number of national figures, with support from the World Health Organization (WHO).

Over approximately three weeks, unremitting efforts have been exerted by a committee formed PNGO, PCHR, and other national figures, in an attempt to solve problems relating to access to medical treatment outside Gaza. These unremitting efforts included extensive negotiations with the respective Ministries of Health in Gaza and Ramallah. The negotiations were conducted in the presence of Mr. Marwan Abdul Hamid, the Presidential Envoy to Gaza. Abdul Hamid supported reaching agreements upon the following:

1. Dr. Basem Na’im, Health Minister in Gaza, shall issue a decision to resume the operations of the External Treatment Department in Gaza, as it existed before 22 March 2009.
2. At the same time, Dr. Fathi Abu Maghli, Health Minister in Ramallah, shall issue a decision to establish a High Medical Committee on External Treatment in the Gaza Strip. The Committee shall include members who are professional physicians. A list of proposed physicians was presented to the two parties to the crisis in Gaza and Ramallah, and was approved by both.
3. The two parties agreed that the Health Minister in Ramallah would appoint a physician to act on behalf of the director of local hospitals where patients requiring external treatment are currently being treated. A physician will be appointed with responsibility for Gaza and Northern Gaza, and another physician to represent southern Gaza.
4. The two parties agreed to conduct the processing of applications for external medical treatment via one of the above mentioned appointed personnel. Applications must be presented to the appointed physician who will submit them to the High Medical Committee, to be formed by the Health Minister in Ramallah.
5. The decision as to where to refer patients must be taken exclusively by the High Medical Committee. Referrals shall then be transferred to the Services Purchase department in Ramallah for approval and to ensure financial coverage.
6. The External Treatment Department shall prepare a monthly report on its activities and on the activities of the High Medical Committee. The High Medical Committee will submit the report to the concerned authorities.
7. To establish a Reference Committee, upon agreement reached between the two parties, to receive complaints from either of the two parties or from civilians. The Committee will work on finding solutions for the submitted complaints.
8. It was agreed to activate supervision techniques for human rights organizations and the health sector within PNGO.

On Tuesday, 14 April 2009, Dr. Basem Na’im, Health Minister in Gaza, issued a decision to resume the operations of the External Treatment Department, as it existed prior to 22 March 2009. The decision was given to Mr. Marwan Abdul Hamid, awaiting the decision of Dr. Fathi Abu Maghli, Health Minister in Ramallah, to establish the High Medical Committee as agreed. On Wednesday, 15 April 2009, the committee formed by PNGO, PCHR, and national figures was informed that Dr. Fathi Abu Maghli had established the High Medical Committee on External Treatment. The Committee consisted of seven members, including three physicians whose names were not on the approved list. The Ministry of Health in Gaza rejected the formation of the modified Committee, considering it a breach of the agreement between the two parties. Vigorous attempts were made to resolve the recent controversy, particularly with the relevant parties in Ramallah. At the time of release, none of these attempts had been successful.

Dr. Bassam al-Badri, director of External Treatment Department prior to its takeover on 22 March 2009 by the Ministry of health in Gaza, reported to the Department with his staff in the afternoon of 16 April 2009. Al-Badri presented two decisions signed by Health Ministers in Gaza and Ramallah establishing the High Medical Committee and resuming the previous operation of the Department. The employees who are currently running the Department told Dr. al-Badri that they had not receive any instructions from the Health Minister in Gaza to hand over the Department because the Ministry of Health in Ramallah had not upheld the agreement relating to the establishment of the High Medical Committee.

PCHR expresses disappointment at the outcome of the ongoing crisis. The Centre holds the Health Minister in Ramallah accountable for the breach of the agreement, and calls upon President Abu Mazen to:

• Urgently intervene in order to save the lives of innocent patients whose health is deteriorating due to completely halting the operations of the External Treatment Department in Gaza,
• Re-establish the Gaza High Medical Committee on External Treatment as agreed upon.
• Establish an independent committee to carry out investigations into the death of ten patients since the beginning of the ongoing crisis.
• Give necessary instructions to the government in Ramallah to implement the negotiated agreement, in order to ensure the resumption of the External Treatment Department’s effective operation and to speed up the delivery of medical referrals for hundreds of patients whose lives have been put in danger.

Public Document
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For more information please call PCHR office in Gaza, Gaza Strip, on +972 8 2824776 – 2825893

PCHR, 29 Omer El Mukhtar St., El Remal, PO Box 1328 Gaza, Gaza Strip. E-mail: pchr@pchrgaza.org, Webpage www.pchrgaza.org