| Poor Implementation of
November 1992 Agreement
Although major changes in
Israeli residency policy may be pending, the November `92 Agreement still
is the predominant quasi-legal framework for dealing with residency issues
in the occupied West Bank and Gaza Strip. Findings based on field work
show that the Agreement is being carried out with neither good faith nor
good will, especially with regard to the Gaza Strip, and that compliance
is best in locations where there have been a large number of cases and
pressure by concerned human rights institutions.
Problems Exist in the
Following Areas
Until mid-April there was
still no practice of renewing visit permits in Gaza. A certain number of
permits, largely belonging to people who had High Court appeals and applications
to the State Legal Advisor, had been renewed, but there was no implementation
of the renewal policy. UNRWA has not yet received a written response to
some 50 cases it appealed in January and February. David Benyamin of the
Gaza Legal Advisor’s office told Said Taufish/UNRWA that he was unable
to act until he received authorization from above.
Re-entry of spouses present
in 1990, 1991, and 1992: In the months immediately following November a
number of people covered by the Agreement but not present in the country
were allowed to return to the West Bank. It has become progressively harder,
however, for spouses to obtain the required visit permits.
HOTLINE has evidence of
tens of such cases in both the West Bank and the Gaza Strip who have not
been granted six months visit permits. This although the authorities agree
that they should be issued such permits because they are covered by the
Agreement. It is feared that these married women and men whose families
live in the West Bank and Gaza Strip will be allowed to enter during the
summer season only. In this case, they will be included in the unofficial
quota for visitors in the summer, although they have the right to come
and live with their families immediately.
Problem of Collaborator
Permits: While many people entitled to immediate re-entry have been refused
permits, it appears to be the case that collaborators are able to obtain
permits for spouses, whether or not they are covered by the Agreement.
The price of such permits has increased drastically over the past few months
from US $ 200 in February to US $ 400 - 500 in April. Although collaborator
permits are not new, we witness a situation in which the issue of law is
irrelevant and the role, and cost, of collaborators is expanding in the
face of people’s needs.
Problems to Leave and Re-enter:
Although the West Bank Legal Advisor said in October 1991 that persons
covered by six-month permits would be able to leave the occupied territories
for short visits abroad and re-enter without problems, this promise has
not materialized. In November 1992 the attorneys representing Palestinian
families asked, to no avail, for a clarification of procedures involved.
In the best case, the person leaves the Occupied Territories, and when
he/she wishes to come back, the spouse pays the full price of a new one-month
visit permit which is then renewed for six months. This leads to extra
charges of over NIS 600 per person. In many cases, however, there are further
problems: spouses are told that they have to spend at least three months
outside the Occupied Territories; new visit permits are not issued; permits
are issued but the person is turned back at the Jordan Bridge, etc.
Lack of Medical Coverage:
The medical coverage promised
in the November Agreement (eligibility for insurance and coverage for childbirth
and care for children up to three years of age under the same terms as
residents) has not materialized and, in some regions, has been withdrawn.
Our largest evidence is from Nablus region, where village clinics have
refused treatment to children under three and to the unregistered children
of insured families; the nurses said they received orders prohibiting them
from treating the children. Also the head of the health department in Nablus
said that there was no coverage for non-residents in government hospitals
and clinics. |