Family Reunification
in the Court Rooms:
Legal Representatives
of Distressed Families and Authorities Reach a New Agreement Regarding
Urgent Problems
The Supreme Court Hearing
of the cases presented by the Association for Civil Rights in Israel (ACRI)
and Atty. Andre Rosenthal/Hotline, scheduled for Nov. 29, did not take
place. Similar to what happened in the past, the government represented
by the State Legal Advisor submitted a proposal for the temporary settlement
of urgent residency problems. This proposal was ultimately accepted by
the plaintiffs, mainly because it had become evident that the Supreme Court
would not rule in favor of radical changes in the government policy of
family reunification.
According to the November
`92 agreement, the authorities will issue six-months renewable visit permits
to the married non-resident spouses of Palestinian residents and their
minor children who entered the West Bank and the Gaza Strip before September
1992. Moreover, the authorities promised to allow the re-entrance of married
non-residents who were forced to leave in the past, and to make arrangements
so that the non-residents who were forced to leave in the past, and to
make arrangements so that the non-resident children of these couples will
be able to attend government schools in the Occupied Territories.
This new agreement does
in fact solve the immediate problems of the married non-residents living
in the West Bank and Gaza Strip, however, it has several severe shortcomings:
1) Various immediate family
members - and of course more distant relatives - are explicitly excluded
from the agreement. All applications made in the framework of the above
mentioned appeal to the Supreme Court by Palestinian residents for brothers,
sisters, non-minor children, brides and brothers-in-law were rejected on
the grounds that they were “hitch-hikers in an appeal referring to spouses
only” and that “they were more distant relatives.” These people were ordered
to leave the country, whoever remains does so illegally.
2) The agreement does not
cover non-residents who arrive to the Occupied Territories after September
1, 1992, even if they are married spouses or minor children of a resident.
The only way for these people to receive protection from deportation is
to obtain temporary restraining orders through HOTLINE and Atty. Andre
Rosenthal.
3) Married spouses and minor
children of residents who were unaware of their possibility to obtain legal
help, and thus followed the authorities order to leave the country when
their visit permits expired, will be included in the agreement only, if
they succeed to re-enter to Occupied Territories, i.e. if they succeed
to re-enter the Occupied Territories, i.e. if they succeed to obtain a
new visit permit.
4) Although the agreement
mentions explicitly that the new regulations are to be applied in the Gaza
Strip, the local Israeli authorities have apparently not been informed
about their content. Gaza residents keep being told that their non-resident
spouses and children will have to leave.
5) The November `92 agreement
includes the usual “security clause” which states that renewable visit
permits will be issued only after the applicant is cleared by the General
Security Services. This clause leaves ample maneuvering space for the authorities,
and it is feared that Palestinian political prisoners and their families
will be the first victims of this clause.
...
7) The new policy which
has been implemented since 1984, is based on the authorities’ position
that a situation in which every resident of the territories who wants to
marry a woman from abroad and bring her inside, or every female resident
- or her family - may decide to get married to a foreign resident and bring
him - and sometimes additional family members - into the territories, can
no longer be accepted.
The decision concerning
who will enter and live in one of the regions (Yehuda-Shomron and Gaza
Strip) is up to the authorities, and no resident is eligible to impose
on the authorities his personal decision in this matter.
8) Restrictions on the entrance
of foreigners exist in every state, even under conditions of peace, and
the matter is even more sensitive when dealing with a territory under belligerent
occupation and ruled by military government.
...
10) It has to be stressed
that most of the applications for family reunification submitted in both
regions each year are applications for the unification of spouses of whom
one is not a resident of the region. From here it follows that the mere
fact that we are dealing here with married spouses cannot be itself make
each such application exceptional and special in the sense of the above
mentioned new policy [of 1984].
Moreover, we want to remind
that a refusal to grant the status of permanent resident to a foreign male
of female spouse does not mean that the couple is forced to live in separation.
A family is such condition has - unless prevented by serious security considerations
- the possibility to unite outside the region, by means of the departure
of the local resident from the region to the place of residency of the
foreign spouse.
(quoted from Government proposal
for the settlement of urgent problems in Family Reunification, presented
on Nov. 18, 1992)
... “As already said,
the above mentioned agreement is special and not unlimited in time, and
the respondent (authorities) does not guarantee that this, or a similar
agreement, will be implemented in the future. The policy regarding family
reunification remains unchanged, and should agreements be set up in the
future, this will be done in accordance with the specific circumstances
of that time.”
(from Paragraph 17, proposal
of the State Legal Advisor) |