| Married Women Without
Identity Cards
By far the largest group
of people in the Occupied Territories living without secure residence status
are young married women and their children born after 1987. This is not
an accident but comes from their having been a relatively protected group
until that point.
Following the 1967 census,
of all Palestinians actually present in the Occupied Territories the only
way Palestinians not registered in the census could enter was either through
family `reunification’ or by means of visit permits. The International
Committee of the Red Cross estimates that between 1967 - 1987 there were
some 140,000 applications for `family reunification’. Fewer than 20,000
of them were accepted, most within the initial years of the occupation.
As the occupation progressed
fewer categories of people were allowed to apply for `family reunification’
for their relatives who did not have residence. At first, applications
were restricted to what Israel calls ‘first degree relatives’: parents,
siblings, spouses and children. Then they were restricted to spouses; finally
only husbands could apply for ‘family reunification’ with any theoretical
hope of success.
For most people the hope
remained theoretical. A 1987 Israeli High Court decision confirmed what
many people already knew: that ‘family reunification’ existed far more
on paper than in reality. Among other things the decision stated that “The
policy is to grant the minimal number of applications for family reunification
and to grant them only in the most exceptional circumstances (or in the
interests of the authorities).” (106/86 Jan 27, 1987) This decision was
issued in the case of a young woman, whose family was originally from Gaza
but who had been born in the Gulf. She had married her cousin and had returned
to the Gaza Strip. The High Court application was grounded in the fact
that she had a severe heart condition and had just recently given birth.
Regardless she was deported to Egypt following the decision.
Another factor was at work
in the development of a situation where tens of thousands of women began
to live in the territories without any secure residential status. The generation
of Palestinians born around 1967 came of age and began to marry. First
cousin marriage is normal in the Palestinian community and many of these
marriages were made between parts of the family still living in the West
Bank or Gaza Strip and parts which had been outside of the territories
in 1967 and did not have residence. Here, the restrictions of applications
for ‘family reunification’ to husbands only, converged with normal Palestinian
practice of living in the husband’s residence. Young women who married
their relatives in the territories moved to the territories; young women
who married their relatives raised in Jordan or Kuwait moved to Jordan
or Kuwait. Whether more people would have moved back to their family homes
in the territories had they been able remains a matter for speculation.
Many Palestinians were unaware
that ‘family reunification’ existed on paper only. Young people married,
the women moved to their family homes in the territories, and the families
began to apply for ‘family reunification’. They applied repeatedly, sometimes
as many as a dozen times. Normally they were denied. In the meantime the
wives would enter the territories on visit permits, remain in the territories
as long as the permits lasted, leave, and return when their husbands were
able to obtain another permit. In the mid-1980s husbands began to be forced
to wait for three or six months before obtaining another permit for wives.
Wives, and increasingly children, lived out their married and family lives
in three and six month stretches - repeated dislocation and expense became
the normal patterns.
There were, of course, many
cases of young Palestinian males who went abroad to study or work and returned
with foreign wives. For these women and their husbands the chances of family
reunification were better, although not good. Social class was also a factor
- a young man from Ramallah who went to study in the United States
had a far better of obtaining reunification than a young man from a village
who went to work in South America. Women who married Palestinian residents
and who entered the territories through the airport on foreign passports
fared better than those who entered across the bridge from Jordan on visit
permits; women in cities fared better than those in villages; the middle
class fared better than the poor; Women who were not Palestinian fared
better than those who were.
‘Family reunification’ was
also made a political tool. When Israel formed the village leagues in the
late 1970’s and early 1980’s, it gave the league members the power to issue
a certain number of ‘family reunifications’. Collaborators outside the
village league were also given the authority to give a certain number of
reunifications. Palestinians who applied for reunification often found
themselves summoned by the Shin Bet and told that the reunification would
be made available if they would agree to collaborate with the Israeli military
authorities. People who refused often found that their difficulties increased.
Even now, the Israeli military
issues reunifications on ‘special occasions’. Following the Gulf War there
was also an announcement that Palestinians wishing to return from Kuwait
of the Gulf who had extensive capital to invest could apply for reunification.
Palestinians who have applied have found that there are still conditions.
In one Gaza case, where the man had lost his residence by living in Kuwait,
he could not even receive a visit permit to bring the documents proving
he had money to invest because members of his family (not the nuclear family
he wished to return with but of his extended family) had been in prison.
A certain small number of ‘family reunifications’ are normally also issued
around major religious holidays: to Christians at Christmas and to Muslims
at Aid Al-Fitr.
The last important piece
of this picture is the September 1987 military order that children born
to marriages where the mother is not a resident could not be registered
in their father’s identity cards and thus could not become residents in
their turn. Such children were born stateless, without access to school
or medical insurance and subject to deportation. Recently Jordan has also
been imposing restrictions on these children, who are considered ‘Palestinians’
and not Jordanians.
By the late 1980’s many
families, and their resources, were exhausted from the continuous process
of living out marriages in three and six month stretches. The women began
to remain in the territories after their visit permit expired. With the
beginning of the Intifada in December 1987 this increased. Not only was
remaining in the territories a practical necessity because of money and
conditions, but it corresponded with the ideological structure of what
Palestinians believed to be incipient independence. A community striving
to free itself of the Israeli civil administration (which handles all essential
documentation in the territories accept for marriage contracts) found it
appropriate to simply disregard the expiration of civil administration
issued visit permits.
In May 1989 the Israeli
military began rounding up people without residence permits in the middle
of the night and summarily deporting them to Jordan. Most of these people
were young married women and children. Even children who were registered
in their father’s identity cards, and had the right to remain in the West
Bank, were deported along with their mothers. Over 250 people were deported
in this way before international outcry halted the policy.
In June 1990 the Israeli
High Court issued a ruling whereby women married to residents were to be
permitted to remain in the territories; those deported were to be permitted
to return; and their unregistered children were to be allowed to attend
school. Many women, although not all, were able to return following this
ruling. Those who did could be given six month visit permits at a reduced
fee. Some of them paid the fees and received the permits. Others, including
many who had not been deported simply continued to remain on expired permits.
Even the reduced fees were too expensive for some and others were too afraid
of deportation to go to the civil administration.
In July 1991 deportations
began again. This time it was conducted more quietly. Instead of trucks
coming to houses in the middle of the night forcing women and children
to pack within 15 minutes, husbands were summoned to civil administrations
in Nablus, Tulkarem, Bethlehem and Ramallah and told that their wives had
to leave the country in 24 or 48 hours. The target group was people whose
visit permits had not been kept up-to-date. Most of them had not been previously
deported (the initial deportation campaign was primarily in Ramallah villages).
Many of them left not knowing what else to do.
Resistance was also faster,
however. The campaign came to the notice of B’Tselem and the Association
for Civil Rights in Israel (ACRI), who lodged immediate protests with the
Israeli legal advisor and held a press conference. Deportations were suspended
until the issues could be worked out.
A month before these deportations
began the Israeli legal advisor had issued a ruling that the June 1990
High Court decision was not comprehensive but only applied to women who
had been married and resident before the date of issue. All women married
after June 1990 were to have no protection for their marriages.
Some of those deported in
June 1990 have been able to return, others have not. In addition the families
of people entering the territories on visit permits since the Gulf War
have been forced to sign an agreement to pay NIS 5,000 (US $ 2,300) should
the ‘visitors’ not leave on the scheduled date. Many young women who married
after the war have been effectively deported by the threat of the NIS 5,000
fine, which represents a years earnings or more to many people.
The current situation is
one of crisis and flux. The High Court is now scheduled to rule May 13,
1992 on the question of women who married after June 1990. People married
since then or not resident before then lived live in a state of suspension.
Women who were married and living in the territories before June 1990 are
in a somewhat more protected condition, they cannot by immediately deported
for not having renewed their visit permits. Those who want to bring their
visit permits up-to-date must be allowed to do so without penalty (they
are to pay the current reduced rate for the permit times each six month
period the permit was not renewed). They are also to be allowed to travel
for visits outside the territories and return without loosing their protected
status (although this has not been tested). In addition, they are to be
permitted to work and their children are to be allowed to go to school.
As important as these concessions
are, they do not begin to solve the deeper issues of insecurity of tenure
and of statelessness. Moreover, as concessions rather than rights, and
as matters of policy they are subject to change at any moment and without
warning. Such changes have occurred before.
Women married to Palestinians
with residence status living in the territories are the largest single
group of people whose insecurity of tenure makes it impossible to live
any kind of normal life. The Israeli court system cannot be relied upon
to provide them with a viable existence; nor can their situation wait for
the establishment of an independent Palestinian state. It is essential
that pressure be brought to bear upon the Israeli government in order to
provide these women with at least minimal stability in which to live out
their marriages and raise their children. |