Legal challenge launched against UK government over UNRWA funding suspension

Palestinians receive bags of flour at the UNRWA distribution center in the Rafah refugee camp in the southern Gaza Strip. (File/AFP)
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Updated 27 March 2024
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Legal challenge launched against UK government over UNRWA funding suspension

  • Bindman’s complaint alleges that the government’s decision may violate its international obligations

LONDON: A UK law firm is challenging the British government’s decision to halt funding for the UN Relief and Works Agency for Palestine Refugees in the Near East, the firm said on Wednesday.

London-based Bindmans LLP has sent a pre-action letter to the Foreign, Commonwealth and Development Office on behalf of a British-Palestinian man wanting to protect his family members, who are UNRWA-registered refugees.

The man’s parents, who live in the Jabalia refugee camp in Northern Gaza, rely entirely on the aid provided by UNRWA. They, like many others, are experiencing severe food, water and basic necessity shortages.

Bindman’s complaint alleges that the government’s decision may violate its international obligations, potentially implicating it in Israel’s apparent violations of the Genocide Convention and Common Article 1 of the Fourth Geneva Convention.

It is also argued that the decision contradicts the FCDO’s Strategy for International Development and its International Humanitarian Framework.

Recent expert analyzes have indicated that a famine in the region is imminent, with more than one million Palestinians facing extreme hunger.

This comes after eight UN special rapporteurs highlighted the dire food and water crisis in Gaza, declaring that “every single person in Gaza is hungry, a quarter of the population is starving and struggling to find food and drinkable water, and famine is imminent.”

The UK decided to halt funding on Jan. 27 after Israeli officials accused 12 UNRWA staff members, from a total number of 30,000, of participating in the Oct. 7 attacks against Israel, without providing evidence.

International agencies, including US intelligence services, have questioned Israel’s unsubstantiated claims.

Earlier in February, UNRWA said that some employees released into Gaza from Israeli detention reported having been pressured by Israeli authorities into falsely stating that the agency has Hamas links and that staff took part in attacks.

The assertions are contained in a report reviewed by Reuters, which detailed allegations of mistreatment in Israeli detention made by unidentified Palestinians, including several working for UNRWA.

For the past ten years, at least half of the UK government’s aid to Palestinians has gone through UNRWA, the largest aid provider in Palestine.

The UK has failed to explain why it has withdrawn funds and has not responded to the UN’s interim report detailing UNRWA’s robust response to the allegations, Bindman said. It also pointed out that other allied countries, such as Canada and EU member states, have expressed satisfaction with the report and pledged to resume funding.

Their legal challenge claims that the decision to withdraw funding was made illogically and without due consideration for evidence, international obligations or FCDO decision-making frameworks.

The claimant wants this decision reversed and UNRWA’s funding restored. If the government fails to restore UNRWA funding by April 2, a judicial review will be launched.

On Jan. 26, only one day prior to the day before the government’s decision, the International Court of Justice issued a ruling in the case of South Africa v Israel. The judges agreed on the plausible risk of genocide in Gaza and issued provisional measures to prevent irreparable harm to Palestinian rights.

The funding suspension has significantly impacted UNRWA’s ability to operate in Gaza, with EU foreign policy chief, Josep Borrell, warning of the agency’s potential financial collapse in 2024.

“The UK government’s strategy for international development sets out four priorities, including to: ‘provide life-saving humanitarian assistance and work to prevent the worst forms of human suffering,’” Alice Hardy, a partner at Bindmans LLP, said.

“Given the catastrophic situation in Gaza, including an impending, man-made famine, the ongoing decision to cease funding to UNRWA is not only morally wrong but flies in the face of that strategy,” Hardy said.

International Center of Justice for Palestinians Senior Public Affairs Officer Jonathan Purcell said: “The government knows that UNRWA is the only effective means to deliver humanitarian aid, and it ought to know that it hasn’t given sufficient reason on how, or why, it decided to cut funding. When the decision to withdraw funds was taken, it was illogical. Now, with Gaza staring famine in the face, it is unconscionable. The government must restore funding immediately if it doesn’t wish to be complicit in the thousands of deaths by hunger and thirst which are, terribly, very likely to occur in the months to come.” 
 


Culture being strangled by Kosovo’s political crisis

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Culture being strangled by Kosovo’s political crisis

PRIZREN: Kosovo’s oldest cinema has been dark and silent for years as the famous theater slowly disintegrates under a leaky roof.
Signs warn passers-by in the historic city of Prizren that parts of the Lumbardhi’s crumbling facade could fall while it waits for its long-promised refurbishment.
“The city deserves to have the cinema renovated and preserved. Only junkies gathering there benefit from it now,” nextdoor neighbor butcher Arsim Futko, 62, told AFP.
For seven years, it waited for a European Union-funded revamp, only for the money to be suddenly withdrawn with little explanation.
Now it awaits similar repairs promised by the national government that has since been paralyzed by inconclusive elections in February.
And it is anyone’s guess whether the new government that will come out of Sunday’s snap election will keep the promise.

- ‘Collateral damage’ -

Cinema director Ares Shporta said the cinema has become “collateral damage” in a broader geopolitical game after the EU hit his country with sanctions in 2023.
The delayed repairs “affected our morale, it affected our lives, it affected the trust of the community in us,” Shporta said.
Brussels slapped Kosovo with sanctions over heightened tensions between the government and the ethnic Serb minority that live in parts of the country as Pristina pushed to exert more control over areas still tightly linked to Belgrade.
Cultural institutions have been among the hardest-hit sectors, as international funding dried up and local decisions were stalled by the parliamentary crisis.
According to an analysis by the Kosovo think tank, the GAP Institute for Advanced Studies, sanctions have resulted in around 613 million euros ($719 million) being suspended or paused, with the cultural sector taking a hit of 15-million-euro hit.

- ‘Ground zero’ -

With political stalemate threatening to drag on into another year, there are warnings that further funding from abroad could also be in jeopardy.
Since February’s election when outgoing premier Albin Kurti topped the polls but failed to win a majority, his caretaker government has been deadlocked with opposition lawmakers.
Months of delays, spent mostly without a parliament, meant little legislative work could be done.
Ahead of the snap election on Sunday, the government said that more than 200 million euros ($235 million) will be lost forever due to a failure to ratify international agreements.
Once the top beneficiary of the EU Growth Plan in the Balkans, Europe’s youngest country now trails most of its neighbors, the NGO Group for Legal and Political Studies’ executive director Njomza Arifi told AFP.
“While some of the countries in the region have already received the second tranches, Kosovo still remains at ground zero.”
Although there have been some enthusiastic signs of easing a half of EU sanctions by January, Kurti’s continued push against Serbian institutions and influence in the country’s north continues to draw criticism from both Washington and Brussels.

- ‘On the edge’ -

Across the river from the Lumbardhi, the funding cuts have also been felt at Dokufest, a documentary and short film festival that draws people to the region.
“The festival has had to make staff cuts. Unfortunately, there is a risk of further cuts if things don’t change,” Dokufest artistic director Veton Nurkollari said.
“Fortunately, we don’t depend on just one source because we could end up in a situation where, when the tap is turned off, everything is turned off.”
He said that many in the cultural sector were desperate for the upcoming government to get the sanctions lifted by ratification of the agreements that would allow EU funds to flow again.
“Kosovo is the only one left on the edge and without these funds.”