| Residency Rights: Dimensions
of the Problem
Israel’s policies regarding
Palestinian residence in the Occupied Territories have amounted to summary
deportation and quiet transfer since the occupation began in 1967. It is
impossible to estimate how many Palestinians have been effectively transferred
over this period. In some villages, for example people will tell that the
actual population is 3,000 to 4,000, but that 1,500 or 2,000 are outside
and unable to return. It is impossible to know how much migration was actually
voluntary, how much by administrative fiat, and how much because conditions
have been made so unpromising that people decided to live elsewhere.
The situation of Palestinian
residence in the Occupied Territories is one of crisis. The crisis, which
has been a long time in the making, is also sharply delineated. It is multifaceted
and complex, has both short and long-term implications, and is the product
of both Israeli policy and such ordinary events as people reaching the
age of marriage and childbearing. Some aspects of it are being dealt with
or protested, others remain completely ignored. The following is an attempt
to summarize the main aspects of the crisis:
Since the 1967 census, the
only way for people not included therein to obtain residence was through
a process of family reunification. Originally, any family member could
apply to have a person outside the country brought in. Later, the categories
were narrowed. Only what Israeli law calls “first degree” relatives were
allowed to apply: parents, spouses, siblings and children. Still later,
only spouses were permitted. By the mid-1980’s, only husbands were permitted
to apply for wives.
Most of the wives, in fact,
are cousins who, although originally from the same town or village, lack
resident status. In these cases, the woman normally moves to the West Bank
and the couple applies for family reunification. Usually they do not receive
it and the wife and children travel back and forth between Jordan and the
West Bank until the level of disruption, economic and otherwise, in their
lives no longer permits this. Then the women remain in the West Bank on
expired visitors’ permits.
Wives and children in this
category were the main victims (about 80%) of the dramatic summary transfer
campaign in late 1989, when the Israeli military began rounding up people
in the middle of the night, processing their cases at the local civil administration
and summarily deporting them to Jordan. They were given 15 minutes to pack
their clothing, obtain money and bid good-bye to loved ones. About 250
women, children and old people were deported in this way before the campaign
was halted. Later, in June 1990, the Israeli High Court ruled that women
married to residents and their children should be allowed to remain in
the Territories on visitors’ permits without harassment and fear. These
conditions have not been met: In August 1991, civil administrations in
Nablus, Tulkarem, Ramallah and Bethlehem started administratively deporting
women and children who had not renewed their visitors’ permits. This process
was temporarily halted when ACRI and B’Tselem protested to Israel’s Legal
Advisor.
Since the beginning of the
Intifada and following the crisis in the Gulf more and more Palestinians
are (and will be) deprived of the right to live in their homeland:
-
Since September 1987, children
whose mothers are not residents cannot be registered on their fathers’
ID card; i.e. they are not eligible to obtain residence in the future.
-
According to Israel’s Legal
Advisor, the liberalizations regarding visitors’ permits are limited to
women married to residents before the June 1990 High Court decision. Non-resident
women marrying in the West Bank after this date are not protected and can
be expelled.
-
Only “first degree” family members;
parents, siblings, spouses and children, can now apply for a visitor permit
for a relative. It is impossible for example, for a Palestinian to arrange
a visit for a grandmother, cousin or aunt.
-
The family of anyone who comes
to visit is forced to sign a NIS 5,000 guarantee that he or she will leave
on the scheduled date.
-
Other groups whose basic residence
rights are violated are:
-
People, especially the elderly,
deported in 1989 and who are not permitted to return.
-
Palestinians who had worked
in Kuwait and are prevented from returning to the Occupied Territories.
-
Non-Jerusalem residents who
marry Jerusalem residents. These cases require family reunification, as
though the resident were a foreigner. If the Jerusalem resident is the
wife, the children are refused registration either in Jerusalem or in the
West Bank, and are stateless.
-
Persons who lost their resident
status due to loss of documents or prolonged stays abroad.
|