While Israel Celebrates
May 19, Jerusalem’s Day of “Unification”,
Jerusalem is Closed for
Palestinians
The annexation of East Jerusalem
in 1967 resulted in a different legal status of the Palestinian residents
of the city which distinguishes them from their co-patriots living in the
West Bank and Gaza Strip. They are considered permanent residents of Israel,
they hold blue ID cards, and the authority responsible for them is the
Ministry of Interior. They are, however, not Israeli citizens. Since 1967,
Israeli policy has aimed to prevent Palestinian migration from the Occupied
Territories to the city and to encourage the resident Palestinian population
to leave the city limits. This policy is based on a variety of laws regarding
purchase and registration of land and property, and town planning schemes
which obviously discriminate against the Palestinian population. Laws and
regulations regarding population registration have been part and parcel
of the Israeli effort to change the demographic composition of the city;
they have helped to limit the proportion of Palestinians residing in “unified”
Jerusalem to the corresponding figure that was recorded in the 1967 census.
Thus, at present the approximately 150,000 Palestinian Jerusalemites are
confronted with an almost equal number of Israeli settlers who have come
to live in East Jerusalem.
Urgent Issues of Residency
in Jerusalem
Residency problems in Jerusalem
are centered around two issues: Palestinians from the Occupied Territories
wishing to live in the city, and the registration of children.
The Law of Entrance into
Israel entitles the Interior Minister to approve or to refuse applications
for permanent residency in Jerusalem by foreigners. According to Israeli
law also Palestinian residents of the West Bank and Gaza Strip are “foreigners”
a fact which enormously increases the scope of the problems given the fact
that Jerusalem is an integral part of the social and economic issue of
the Palestinian society in the Occupied Territories. On the basis of this
law, permanent residency is granted to Palestinian foreigners only in exceptional
cases. Thus, unlike Israeli citizens, a Palestinian resident of Hebron
or Ramallah cannot come to live in Jerusalem simply because he wishes to
do so.
The most common case in
which the Interior Minister does consider granting permanent residency
to “foreigner” is the case of married non-resident spouses of Jerusalem
residents. Jerusalem has not been included in the November 1992 Agreement
which provided a temporary solution for “foreigners” married to a resident
of the West Bank or the Gaza Strip by means of six-months renewable visit
permits. Therefore the only way for these people to live united with their
spouses in Jerusalem is to obtain family reunification. The policy of the
Interior Ministry is to grant family reunification only to non-resident
wives of Jerusalem residents. Non-resident husbands of female Jerusalemites
are denied family reunification, and the couple is faced with the choice
either to leave the city or to remain in Jerusalem illegally.
The registration of Palestinian
children is a highly complex matter. According to Regulation 12 of the
Law of Entrance into Israel, a non-Jewish child born in Israel (including
Jerusalem) is issued a status in accordance with that of his/her parents;
where the parents do not have the same status, the child will receive the
status of his/her father. Based on this regulation, Palestinian children
born in Jerusalem to a Jerusalemite mother and a father from the West Bank
could not be registered in Jerusalem. In 1986, following a complaint by
ACRI to the State Legal Advisor that this regulation discriminated against
women, the Ministry of Interior promised to follow an unwritten policy
whereby children whose father is not a Jerusalem resident would be registered
in Jerusalem provided the father gives his agreement in writing, and the
mother can prove that the center of her and her child’s life is in Jerusalem
(e.g. she is employed in the city, pays rent and municipal taxes, the child
is enrolled in a Jerusalem school, etc.).
Despite this agreement,
many children who fulfill the above criteria have not been registered in
Jerusalem, rather they were registered in the West Bank or not at all.
Closure Highlights Residency
Problems in Jerusalem
East Jerusalem is not only
the Old City with the holy sites, its bazaar, the Arabic coffee shops,
and folklore which give the city its oriental flair so attractive to its
foreign visitors. East Jerusalem is also the commercial and educational
center of the Palestinian people in the Occupied Territories. Due to the
closure, tens of thousands have been prevented access to their place of
work, to medical treatment, to schools and institutions of higher education,
and could not visit their bank, lawyer etc. in the city.
Especially severe damage
has been caused to the communities located in the periphery of East Jerusalem:
Abu Dis, `Azariya, Sawahra,
Hizma, and `Anata are Palestinian communities outside the official city
limits. These and several other communities with a total of some 80,000
inhabitants do not have any public infrastructure of their own; schools,
shops, and clinics serving their population are located in East Jerusalem;
at least one of the villages does not even have a gas station. In spite
of the total dependence on Jerusalem community services, the Israeli authorities
made no special arrangements for these communities when they decided to
close the city to residents of the West Bank and Gaza Strip. The closure
has therefore brought life in these communities to a stand still. Their
case is represented by the Quakers Law Office and ACRI, who have addressed
the State Legal Advisor on behalf of the communities. So far the authorities
have refused to issue summary permits for these special cases. They rather
insist that the inhabitants keep applying for individual entrance permits
to Jerusalem. During the six weeks of closure some of the villagers have
obtained such individual permits, however the majority of them remain without
access to vital community services. Given the authorities irresponsivness,
Quakers Law Office and ACRI are considering an appeal to the Supreme Court. |