Palestinian Residency
in the West Bank
Looking Back on the First
Three Months of PA Activity
Taking over responsibility
for the handling of residency affairs has not only been an easy job for
the new Palestinian Authority in the West Bank. The first two months (December
1995 - January 1996) were characterized by the frenzy of the preparations
for the first Palestinian elections and the registration of new, eligible
voters had to be accomplished in a very short time (see ARTICLE 74/14).
The population was confused
and had difficulty in finding the Palestinian or Israeli offices which
would actually handle their requests regarding residency matters. The practical
division of tasks revealed itself to be much more confusing than one would
have surmised from what was written in the texts of the political agreements.
The Israeli MATAK (new version of the former Civil Administration located
outside the Palestinian population centers) continues to handle some types
of requests (e.g. entry permits to Jerusalem) while others must be submitted
to the PA; persons living in areas B and C would sometimes succeed in filing
their applications with the local Palestinian Coordination Office, in other
cases the Israeli side would refuse to receive their applications via the
PA and demanded that they be submitted directly to the Israeli offices.
Traveling abroad with the
new Palestinian passports caused trouble too; many of those arriving to
the border crossings were turned back by the Israeli border personnel,
because their passport data had not yet been registered in the Israeli
computers.
The procedure of family
reunification - handled by Israel very bureaucratically, slowly, but systematically
- got out of control, to the disadvantage of persons who had submitted
their application prior to the Israeli redeployment. The PA Civil Affairs
Committee (CAC) is supposed to handle applications for family reunification
in the framework of the annual quota of 2,000 cases and to process them
according to their submission date. However, the CAC has been unable to
do so, because even in the Gaza Strip, where the PA is almost two years
old, Israel has not yet transferred the lists of pending applications,
but continues to handle them alone. Thus the CAC is not aware of those
who applied in the past and simply raises to its Israeli counterparts the
new requests collected after the redeployment.
At the same time, the so-called
Israeli-Palestinian “stamp dispute” paralyzed the new PA Interior Ministry
offices. Israeli and Palestinian officials could not agree on the fees
to be charged for applications such as family reunification, child registration
and the issuing of ID cards. The Israeli side claimed that due to the fact
that the PA Interior Ministry was not yet technically prepared to print
official forms or documents, they had to be printed by Israel as in the
past. Therefore, Israel would have the right to demand the same fees as
in the past, which are higher than those proposed by the PA. Only when
the PA would take over the production of these documents, would it have
the right to set its own fees (as provided by the Taba Agreement). This
dispute led to the total breakdown of services at the offices of the PA
Interior Ministry; more than 10,000 ID cards could not be issued, parents
were unable to register their newborn children and applications for family
reunification could not be submitted. While the “stamp dispute” was still
awaiting a solution, Israel announced the military closure of the Palestinian
areas in response to the Hamas attack in Israel.
The month of March was overshadowed
by the total cantonization of the 1967 occupied territories, as all movement
between Palestinian communities and access to/exit from the Gaza Strip
was prohibited, all Israel entry permits were suspended and all border
crossings were closed for Palestinians.
The Palestinian Authority
handles residency matters through two ministries, the Ministry of the Interior
headed by Yasser Arafat and the Civil Affairs Committee headed by Jamil
Tarifi. Although the exact division of tasks between the two is not always
clear, it appears that the Interior Ministry is handling the population
registry (receiving applications, handing out documents after approval)
while the CAC is responsible for the processing of applications and for
raising them to the Israeli side. Moreover, the CAC is the body responsible
for the ongoing negotiations on residency affairs with Israel.
Despite the problems described
above, the CAC has made some piecemeal progress by:
- establishing a special
Population Committee which is authorized to design the new PA residency
policies based on the political agreements with Israel;
- recognizing its responsibility
for the unresolved issue of ID cards revoked from Palestinian residents
in Israel. The Population Committee was authorized to study this matter,
to design tools for the registration of the estimated 100,000 cases of
“lost IDs” and to prepare a Palestinian strategy for raising this issue
in the framework of the joint Israeli-Palestinian committee (which has
not yet been established).
NGO cooperation with the
CAC has been productive and focuses on the design strategies and methods
of work for the repatriation of all those whose ID cards were revoked in
the past. However, NGO ability to influence PA negotiators shaping the
framework of future Palestinian residency rights, has remained minimal.
NGO experts and lawyers therefore find themselves mainly trying to make
the best out of political agreements and mechanisms which remain short
of protecting Palestinian residency rights. |