| Political Prisoners'
Right to Family Reunification
While Israeli-Palestinian
negotiations about control of the borders to Jordan and Egypt are still
going on,
While we are still waiting
for a major breakthrough on the issues of family reunification and lost
IDs,
While we are witnessing
first efforts by the Palestinian leadership to establish a “Jerusalem Task
Force” which should put the issue of occupied Jerusalem on the agenda of
the peace negotiations,
And - following an Israeli
commitment to the universality and geographic non-separation of the right
to family reunification (Refugee Working Group, Tunis, October 14, 1993)
- WE DEMAND
Palestinian Jerusalem
on the Agenda NOW!
- AND WE INVITE YOU
TO JOIN A FIRST AND CONCRETE CAMPAIGN:
Support Political
Prisoners’ Right to Residency and Family Reunification in Jerusalem
Background of the Problem
Restrictions on Palestinian
Residency in Jerusalem: During the 26 years of occupation, the Israeli
authorities have carried out a policy of gradually separating East Jerusalem
and its Palestinian residents from the surrounding West Bank on the one
hand, and intensive efforts towards the “Judaization” of the occupied city
on the other. This policy has expressed itself through the immediate annexation
of East Jerusalem in 1967, followed by the confiscation of Palestinian
owned lands and property, by the massive construction of new Jewish neighborhoods,
and by the establishment of a system of infrastructure and municipal services,
which clearly discriminated against the city’s Palestinian residents and
encouraged them to make their homes outside the city boundaries.
The 1967 annexation of East
Jerusalem also laid the foundation for the legal separation between East
Jerusalem and the rest of the Occupied Territories. Since then, Palestinian
residents of the city have been subject to Israeli laws and policies administered
by the Interior Ministry while their relatives and co-patriots living in
the West Bank and the Gaza Strip, defined as “foreigners” according to
this Israeli law, have been ruled by orders and regulations issued by the
Military Governor and the Civil Administrations. For some time it appeared
that the blue Israeli ID cards would convey a privileged position to the
Palestinian residents of Jerusalem: they had access to Israeli welfare
services, they were harassed much less at the army checkpoints than West
Bank residents easily identified by their orange ID cards, and they were
not victim to the daily repression of the military occupation.
Very soon, however, the
disadvantages of Jerusalem permanent residency became apparent. Israeli
law classifies the Palestinian residents of East Jerusalem as permanent
residents, and as such they do not have inalienable residency rights in
their hometown; as with residents of the rest of the Occupied Territories,
Israeli authorities regularly refuse to re-entry to East Jerusalem residents
who have stayed abroad for purposes of study or work. Moreover, since Israeli
law defines Palestinian residents of Jerusalem as “permanent residents
of Israel” and Palestinians residing outside the city as “foreigners”,
many families cannot live united in Jerusalem, unless they are granted
Family Reunification by the Interior Ministry. Even visits by relatives
from the West Bank or the Gaza Strip present a problem: since the Gulf
War, these relatives have had to obtain entry permits to Jerusalem and
they are not allowed to stay overnight in the city.
In the first stage, Israeli
policy regarding family reunification in Jerusalem was guided by the same
principles as in the West Bank an the Gaza Strip, i.e. to limit the number
of new Palestinian residents as much as possible, with one significant
difference: The Jerusalem Interior Ministry has practiced a policy of gender
discrimination; while male Palestinian residents of Jerusalem have a good
chance of being granted family reunification for their non-resident wives,
applications submitted by female Palestinian residents are always refused.
The Interior Ministry has cynically argued that Palestinian social and
cultural norms require a married woman to go to live with her husband so
that a woman’s application for her husband to come to live with her in
Jerusalem is not justified.
Developments in the recent
past have highlighted the negative effects of the forced separation of
Jerusalem from the rest of the Occupied Territories. Due to the pressure
caused by the Intifada, the increased local and international attention
to human rights in the Occupied Territories, and the peace negotiations,
Israel has been ready for some concessions regarding Palestinian residency
in the West Bank and the Gaza Strip. Jerusalem residents, however, have
remained excluded: Jerusalem residents are not included in the November
1992 agreement which grants six-month renewable visit permits to spouses
and minor children of Palestinian residents in the West Bank and the Gaza
Strip, if they entered the country before August 31, 1992. Jerusalem residents
are not included in the new policy declared in August 1993, according to
which permanent residency will be granted to those covered by the November
1992 Agreement (approximately 6,000), and an annual quota of 5,000 persons
(spouses, children, special humanitarian cases) will be granted family
reunification in the future.
The fact that in the Declaration
of Principles signed with the PLO in Washington Israel succeeded in obtaining
another three years of moratorium before the issue of Jerusalem will be
raised, suggests that the gap between the legal realities in Jerusalem
and the future autonomous territories will widen, and that we will be confronted
with the perpetuation, or even an increase, of the violations of Palestinian
residency rights in Jerusalem.
Living in Jerusalem with
a “security record”
The Israeli efforts to destroy
the Palestinian character of East Jerusalem have not succeeded in severing
the city’s social and political ties from its environment. Jerusalem became
the social and political center of the Palestinian uprising, and the number
of Jerusalem residents arrested for political activities is not significantly
lower than in other areas of the Occupied Territories (50,000 out of 700,000
since 1967 according to PLO figures). Although Israeli law protects Jerusalem
residents from administrative detention and deportation, many Jerusalem
activists have become victims of these measures if they lived or were involved
in activities in the West Bank. Once a political prisoner is released,
punishment may continue: border police stationed in the neighborhoods of
East Jerusalem are usually familiar with ex-political prisoners and they
stop them in the street to question and the harass them; ex-political prisoners
have difficulties in obtaining travel permits from the Interior Ministry;
they are frequently placed under house or town arrest; others have been
temporarily barred from entering the city by a “town-ban” which forces
them to live with relatives in the West Bank.
Denial of family reunification
is part of the continuing punishment of Jerusalem political prisoners after
their release. This practice amounts to collective punishment, because
it prevents wives and children of former political prisoners from living
united in Jerusalem. The Jerusalem Interior Ministry has systematically
refused applications of ex-political prisoners for their wives; this contradicts
the Ministry’s standard practice of permitting non-resident wives of male
Jerusalem residents to live in the city.
Despite the attempts by
the Israeli government to separate these families and to push them out
of Jerusalem, in most cases the non-resident women have decided to illegally
live with their husbands in the city. In doing so, however, they encounter
numerous difficulties. Although since November 1993 women from the West
Bank no longer need special entry permits to Jerusalem, holders of West
Bank IDs are not allowed in the city after 7 p.m. Thus these women are
virtually sentenced to house arrest in the evening because going out of
their homes means taking the risk of being stopped by soldiers, of paying
a heavy fine, and of expulsion from the city. Even a day-time visit by
the women to their parents or relatives in the West Bank involves the risk
that, in the late afternoon, the women might not be allowed to pass the
checkpoints surrounding Jerusalem, and might not be able to return to their
husbands and children. Since ex-prisoners’ wives can only live in Jerusalem
illegally, they require a permit to work in Jerusalem, and Israeli social
security institutions do not consider them entitled to services, facts
which severely reduce the family income. |