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Factual statement
Israel regulates the issuing of residence permits to Palestinians in Jerusalem with reference to the Entry into Israel Law. This law authorises the Israeli Ministry of the Interior to administer the law. Referring to the Law of Return, the only people who can get immigration visas are Jews. Another clause states that certain people may be denied entry subject to the criteria of the Ministry of the Interior. However, the ministry does not have the authority to deny entry to any Jew. This context makes that residency rights to Israeli citizens are automatically granted, while the residency rights of Palestinians in Jerusalem are restricted and violated in several ways as will be explained below.
After the annexation in 1967, Israel declared that any East Jerusalem resident was entitled to Israeli citizenship under the precondition that he or she met certain conditions stipulated by law. However, citizenship was never encouraged. The conditions included relinquishing citizenship of another country and demonstrating some knowledge of Hebrew. Furthermore, persons granted citizenship were required to swear allegiance to the state of Israel. The ones that did request citizenship were forced to go through bureaucratic processes. The Israeli authority put as many obstacles as possible in their way while, at the same time granting thousands of new Jewish immigrants Israeli citizenship automatically at their arrival. Only 2.3 percent of all Palestinian Jerusalemites became Israeli citizens. For political reasons, most East Jerusalem residents did not. They became permanent residents of Israel.
A residency status is normally granted to foreigners living in Israel and differs substantially from citizenship. The main right granted to permanent residents is to live and work in Israel without the necessity of special permits. They are also entitled to social benefits provided by the National Insurance Institute, and have the right to vote in local elections. Unlike citizenship, residency is only passed on to the holders’ children when the holder meets certain conditions, and the holder must apply for family unification for a non-resident spouse. Only citizens are granted the right to return to Israel. As residents, Palestinians are entitled to some of the benefits of citizenship, but required to fulfil most of the obligations, except for army service, with some additional restrictions.
In spite of these obligations and restrictions, Palestinian Jerusalemites have many rights not enjoyed by Palestinian residents of the rest of the Occupied Territories. For example, East Jerusalem residents carry Jerusalem ID Cards, which means almost complete freedom of movement within the country.
Interior Ministry
The Ministry of the Interior is responsible for residency policies. The policies and practices undertaken by the Ministry in dealing with Palestinian Jerusalemites’ residency reflect a set of discriminatory measures and can be seen within Israel’s overall policy in East Jerusalem since 1967, namely to preserve the ‘demographic balance’ and to strengthen Israel’s sovereignty over Jerusalem. Furthermore, the bulk of Interior Ministry’s policy in East Jerusalem is conducted on the basis of unwritten criteria and unclear procedures.
‘Centre of life’ policy
In 1995, the Interior Ministry introduced the ‘centre of life’ policy. Palestinians with Jerusalem IDs were required to prove continuous residency in Jerusalem by submitting documents to demonstrate that they actually resided in the city for the previous seven years. The burden of having to prove the individual’s ‘centre of life’ in Jerusalem is placed on the Palestinian. The requirements to prove the ‘centre of life’ are so detailed that even persons who never left the city have difficulties meeting them. The requirements related to this are characterised by ambiguity and vagueness. Usually an applicant has to submit documents concerning:
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Arnona residency tax for the previous two to seven years;
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Electricity bills for the previous two to seven years;
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Telephone bills the previous two to seven years;
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School certificates of all children to show that the school is located inside the municipal borders. The certificate must cover the grades since he/she was admitted to school;
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Work certificates.
The following elements are part of the ‘centre of life’ policy:
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Revocation of residency status by confiscating ID Cards from persons who cannot prove that their ‘centre of life’ is in Jerusalem.
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Refusal and complicated procedures to show one’s ‘centre of life’ for family unification.
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Refusal to register children born to parents of whom only one is an East Jerusalem resident in the Population registry.
Each of these elements will be further explained below.
ID Card confiscation
Incidents of ID card confiscation increased by over 600 percent after the implementation of the ‘centre of life’ policy. This policy greatly strengthened the ability of the Interior Ministry to confiscate ID cards and re-established the burden of proof to renew residency rights on the Palestinians themselves.
In 1993, the Interior Ministry began examining who was a resident of Jerusalem and who had moved out of the city. It was decided that the Jerusalem suburbs would be considered to be outside the city borders. It was estimated that between 50,000 and 80,000 of East Jerusalem’s 180,000 Palestinian inhabitants had moved to the suburbs outside the Jerusalem city. With this decision their status was being invalidated. The period, in which these actions took place, became known as the ‘quiet transfer’.
No public notice was given of the change of policy and procedures. Many people lost their residency, including health and social benefits. Decisions could be given verbally without any justification or explanation. People were not allowed to appeal against the decisions. This policy was applied solely to Palestinian Jerusalemites, not to any other ethnic group in the city. In contrast to this policy towards Palestinians, all Jews, also those who are not Israeli citizens, are entitled to move to the Jewish settlements in the Occupied Territories without the move affecting their status. Also their return is guaranteed contrary to Palestinians.
Israel reported that between 1967 and 1996 the residence status of 3,874 people had expired. In the period from the beginning of 1996 to the summer of 1999 the residence status of another 2,711 people was revoked.
In 1999, some 900 cases were received by various Palestinian human rights organisations concerning 2,466 citizens. Only 78 citizens were able to get their ID cards back.
The policy of ID card confiscation accomplished the contrary as between 20,000 and 30,000 residents of the suburbs returned to live in Jerusalem. Others returned to fictitious addresses. The result was that at the end of 1997, the Ministry decided to slow down implementation. In 1999, it announced that it would no longer revoke the residency rights of East Jerusalem residents who had transferred their ‘centre of life’ outside the city boundaries on condition that the validity of their exit card had not expired. However, the demands for documentation verifying a person’s ‘centre of life’ by the Interior Ministry and the National Insurance Institute continuous despite announcements to stop this policy. As a result of these requirements, many residents of East Jerusalem are still unable to benefit from many of their rights and have their residency status threatened.
Family unification
Jerusalem residents married to persons who are not Israeli residents or citizens must apply for family unification in order to live legally in the city. The application is being checked on ‘centre of life’, security and criminal record. It can take years before the applicant receives a decision to his or her application. When the applicant receives approval, a process of five years starts. Every year both the applicant as well as the one for whom the applicant applies have to show all the requested documents and the application is checked on the above three issues. During the first two years the person receives a so-called B1 permit, which means that the person can stay, but has no residency rights. After two years the person receives a temporary residency permit. After five years one receives a permanent residency permit.
This policy severely affects family life, the right of a couple to live together, and the right of children to live with their parents. Many families are divided because of this policy. Family unification for Jewish families is an automatic right.
Child Registration
A child born to parents of whom only one is a resident of East Jerusalem does not receive an identity number. After birth, the parents receive only a form titled ‘notification of live birth’. To receive an identity number, the parents must submit a ‘request to register a birth’ and submit to this request proof that the ‘centre of life’ is in Jerusalem. It is estimated that there are currently at least 10,000 children residing in East Jerusalem who are not registered.
Without a Jerusalem ID number, Palestinian children are denied some basic rights. A child must have his/her birth registered in order to be recognised by the state. By denying or restricting registration, the state can effectively disclaim their rights to any benefit or service, including access to and provision of education, health care and others. It is estimated that up to 23.6 percent of children are unable to register at government schools in East Jerusalem.
Services
Practices when applying for services at the Interior Ministry
Palestinian Jerusalemites have for long complained about the inhuman conditions to which they are exposed by the office of the Ministry of the Interior. The conditions contradict existing Israeli laws and strongly contravene with the internationally acknowledged standards pertaining to the respect of economic and social rights and the principles of equality and impartiality.
The Palestinian residents are exposed to mistreatment and arbitrary procedures of the staff of the office. They are repeatedly and exaggeratedly asked to report in comparison with the requests made by staff to Israelis in West Jerusalem. Israeli residents receive certain services through mail, which is not the case for Palestinian residents. When requested to appear in the offices, Israelis are never requested to show any documents to prove their residency or citizenship. Palestinians, on the contrary, are requested to provide innumerable documents to prove their ‘centre of life’ in the city.
In many cases, people have had to queue up from the preceding night. In addition to the long hours of queuing, people have complained about the stinging summer sun or the biting cold winter wind. In many cases, when their turn comes, the guard declares the termination of the working hours and people are forced to go home again without having gained access to the office. Misleading or absent information has often been related to granting public services.
As a result, Palestinians have often lacked information on required fees, the type of documents they should enclose with their application or the working hours, which are in the morning in contrast to the West Jerusalem offices that remain open in the afternoon. Furthermore, Hebrew is the only language used most of the time, although Arabic is the second official language in Israel. Many Palestinians do not understand Hebrew, which makes the communication with the Ministry a frustrating process. They have to use application documents without being able to understand the contents.
A comparison between the Interior Ministry offices in East and West Jerusalem:
Despite legal pressure, promises and intentions to improve services in the office in East Jerusalem, until today in practice almost nothing changed yet.
Recent developments
Despite local and international protests, the 'center of life' policy continues. Palestinian Jerusalemites still have to proof continues residency in Jerusalem. The Interior Ministry and the National Insurance Institute still demand numerous documents from Palestinian citizens to prove one's 'center of life' in all their applications. Although the Israeli authorities announced at the end of 1999 to stop confiscating ID cards, occasionally these are still being confiscated at border crossings.
Since the start of the Intifada, an increase is being noticed in applications rejected due to 'security reasons', in particular in cases in which the husband is from the West Bank or Gaza Strip. These reasons do not need to be specified as it concerns secret state security information, even when the case is taken to the courts. There is a strong feeling that this reason is used more and more to limit the number of family reunifications.
JCSER suspects also that there is an increase in cases reported, where applicants to the Interior Ministry are approached by the GSS (General Security Service) to collaborate in exchange for a return of one's ID card or family reunification approval. Several cases have been reported to the Center over the last year.
Currently, Israel is intensifying its restrictions and denial of residency rights of Palestinians. The Israeli Interior ministry has already publicly announced that the possibility for family reunification for Palestinians will be stopped. He also aims to take action against Palestinians, living in the Occupied Palestinian Territories, who hold Israeli identity cards.
The plan proposed includes:
See also the third point of the Israeli
Cabinet Communique
of May 12, 2002.
Impact
ID card confiscation, refusal to issue family unification permits or register children lead to severe problems for the individuals or families involved. They are “illegal” in the city and have no residency rights. This means that they are not insured, have no right to health care or other social benefits, can not get a work permit or register at a governmental school. Furthermore, they run the risk of getting arrested when being checked by the police in the city or at checkpoints as they have no permit to reside in the city.
Legal statement
Israel's residency policy violates breaches of the Fourth Geneva Convention:
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Article 26 & 27: Family reunification, to respect family rights and the right to live together.
Jerusalem residents married to persons who are not Israeli residents or citizens must apply for family reunification in order to live legally together in the city. This application is checked on living in Jerusalem (‘center of life’), security and criminal record. Several years can pass before a decision is reached. During this time a couple is unable to live together in Jerusalem.
This policy severely affects family life, the right to live together, and the right of children to live with their parents. Many Palestinian families are divided because of this policy.
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Article 49: Individual or mass forcible transfers are prohibited.
The ‘center of life’ policy requires that Palestinians with Jerusalem ID Cards are required to prove continuous residency in Jerusalem by submitting documents that they actually resided in the city for the previous seven years. The burden to prove this is placed on the Palestinian. Despite announcements of the Israeli Interior Ministry to stop this policy, many Palestinian residents of East Jerusalem still have their residency status threatened.
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Article 50: Facilitate the registration, care and education of children.
A child born to parents of whom only one is a resident of Jerusalem does not receive an identity number and can not be registered. It is estimated that there are at least 10,000 Palestinian children residing in East Jerusalem who are not registered.
Without an ID number and registration, Palestinian children are denied some basic rights like access to and provision of education and health care.
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