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Monday, 1 July. 2024
 
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Israel and the Occupied Territories Torn Apart: Families split by discriminatory policies


INTRODUCTION

A new law passed by the Israeli parliament on 31 July 2003 bars family unification for Israelis who are married to Palestinians from the Occupied Territories. The Citizenship and Entry into Israel Law(1) explicitly discriminates against Palestinians from the West Bank and Gaza Strip. It also implicitly discriminates against Palestinian citizens of Israel, who constitute some 20% of the Israeli population, and against Palestinian residents of Jerusalem(2), for it is they who usually marry Palestinians from the Occupied Territories. As such, the law formally institutionalizes a form of racial discrimination based on ethnicity or nationality.

Article 1 of the law defines "resident of the region" as residents of the West Bank and Gaza Strip, specifically excluding residents of Jewish settlements in these areas. According to Article 2 of the law: "…the Minister of the Interior shall not grant citizenship to a resident of the region pursuant to the Citizenship Law and shall not give a resident of the region a permit to reside in Israeli pursuant to the Entry into Israel Law, and the regional commander shall not give such residents a permit to stay in Israel pursuant to the defense legislation in the region".

The law, which was passed for a period of one year and is expected to be renewed upon expiry at the end of July 2004, constitutes a further step in Israel's long-standing policy aimed at restricting the number of Palestinians who are allowed to live in Israel and in East Jerusalem.

The UN Committee on the Elimination of all Forms of Racial Discrimination has expressed concern about this new law and has called on Israel to revoke it and reconsider its policy with a view to facilitating family unification on a non-discriminatory basis.(3) The UN Human Rights Committee has likewise called on Israel to revoke the law and to reconsider its policy with a view to facilitating family unification of all citizens and permanent residents.(4)

Not being able to obtain family unification for their Palestinian spouses leaves thousands of Palestinian citizens of Israel and Jerusalem residents with two options: having their spouse live with them illegally or moving to the West Bank and Gaza Strip, where they would be living under Israeli military occupation, in a situation of conflict and facing daily incursions by the Israeli army, bombardments, house demolition, curfews and hundreds of checkpoints, which make it extremely difficult to move, work or carry out ordinary daily activities. In addition, it is illegal for Israelis and Jerusalemites to enter the Occupied Territories and those married to residents of the Occupied Territories may only do so in special circumstances and subject to permits and stringent restrictions.

 
 
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