Udlændinge- og Integrationsudvalget 2018-19 (2. samling)
UUI Alm.del Bilag 4
Offentligt
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COUNTRY REPORT
COUNTRY OF ORIGIN INFORMATION (COI)
May 2019
Palestinians
Access and Residency for
Palestinians in the West Bank,
the Gaza Strip and East
Jerusalem
Report based on interviews conducted from
31 March to 4 April 2019 in Jerusalem,
Ramallah and Tel Aviv
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© 2019 The Danish Immigration Service
The Danish Immigration Service
Ryesgade 53
2100 Copenhagen
Denmark
Phone: +45 35 36 66 00
newtodenmark.dk
May 2019
All rights reserved to the Danish Immigration Service.
The publication can be downloaded for free at newtodenmark.dk
The Danish Immigration Service’s publications can be quoted with clear source
reference.
Front page map: Map courtesy of
www.polgeonow.com,
by Evan Centanni and
NordNordWest (CC
BYSA)
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Contents
Disclaimer ................................................................................................................................................... 4
Introduction and methodology ................................................................................................................... 5
Abbreviations.............................................................................................................................................. 7
Executive summary ..................................................................................................................................... 8
Background ............................................................................................................................................... 10
I. Palestinian population registry .............................................................................................................. 12
1.1
Palestinian decisions subject to Israeli supremacy ...................................................................... 12
Palestinian population registry based on Israeli census in 1967 ........................................... 12
Conditional takeover by Palestinian Authority upon Oslo Accords....................................... 12
Palestinians of East Jerusalem excluded from the Palestinian population registry ............... 13
1.1.1.
1.1.2.
1.1.3.
1.2
1.2.1
1.2.2
1.2.3
Procedures ................................................................................................................................. 13
Registration of a child of registered parents born abroad........................................................ 14
Avenues for complaints with regard to registration ................................................................ 14
Verification of registration via the Israeli/Palestinian authorities ............................................ 14
2. Entry for Palestinians originating from the West Bank, the Gaza Strip and East Jerusalem .................. 16
2.1 Palestinians from the West Bank registered in the Palestinian population registry............................ 16
2.1.1 Allenby/King Hussein Bridge ...................................................................................................... 16
2.1.2 Issuance of documents............................................................................................................... 17
2.2 Palestinians from the Gaza Strip registered in the Palestinian population registry............................. 18
2.2.1 Rafah Border Crossing, Egypt ..................................................................................................... 18
2.2.2 When the Rafah Border Crossing is closed; access through the Erez Crossing via the Allenby/King
Hussein Bridge.................................................................................................................................... 21
2.3 Palestinians from East Jerusalem registered in the Israeli register..................................................... 22
2.3.1 Entry through Ben Gurion International Airport, Tel Aviv ........................................................... 22
2.3.2 Entry through the Allenby/King Hussein Bridge, using Jordanian passports ................................ 23
2.4 Unregistered Palestinians ................................................................................................................. 24
2.4.1 Children below the age of 16 ..................................................................................................... 24
2.5 Palestinians who are not registered and who hold a foreign passport............................................... 24
2.6 Avenues for complaints with regard to entry .................................................................................... 25
2.7 Consequences of illegal exit.............................................................................................................. 25
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2.7.1 Security block on Palestinians .................................................................................................... 26
2.8 Israeli authorities’ decision parameters when processing entry permit applications ......................... 26
2.9 Frequency of entry permits granted ................................................................................................. 26
2.9.1 Frequency of entry for Gaza Strip residents through Rafah Border Crossing ............................... 26
2.9.2 Frequency for entry for Gaza Strip residents through the Erez Crossing via Allenby/King Hussein
Bridge................................................................................................................................................. 27
3. RESIDENCY ............................................................................................................................................ 28
3.1
Residency of Palestinians in the West Bank and the Gaza Strip ................................................... 28
3.1.1 Distinction between Palestinians who left before or after the Oslo Accords ............................... 28
3.2
Residency of Palestinians in East Jerusalem ................................................................................ 29
3.2.1 The blue ID card......................................................................................................................... 29
3.2.2 Registration of children of East Jerusalem Palestinians born abroad........................................... 30
3.2.3 Centre of life-rule and risk of revocation of residency in East Jerusalem ..................................... 31
3.2.4 Avenues for complaint with regard to revocation of residency ................................................... 32
3.2.5 Reinstatement of revoked residency in East Jerusalem .............................................................. 32
3.3
Family reunification .................................................................................................................... 33
3.3.1 Stay permit in the West Bank and the Gaza Strip........................................................................ 33
3.3.2 Stay permit in East Jerusalem..................................................................................................... 34
3.3.3 Frequency of family reunification granted.................................................................................. 35
3.3.4 Avenues of complaint with regard to refusal of family reunification ........................................... 36
Consulted sources ..................................................................................................................................... 38
Oral sources ........................................................................................................................................... 38
Written sources...................................................................................................................................... 39
Appendix 1: Meeting minutes ................................................................................................................... 42
Meeting with Lawyer, Lea Tsemel, 2 April 2019 ...................................................................................... 42
Meeting with OCHA, Jerusalem, 1 April 2019.......................................................................................... 44
Meeting with a Western diplomatic representation, 3 April 2019, Jerusalem ......................................... 46
Meeting with an international humanitarian organisation, Ramallah, 31 March 2019............................. 47
Meeting with an international organisation, 3 April 2019, Jerusalem...................................................... 49
Meeting with Al Haq, Ramallah, 1 April 2019 .......................................................................................... 50
Meeting with HaMoked, 3 April 2019, Jerusalem.................................................................................... 56
Meeting with Gisha, 4 April 2019, Tel Aviv.............................................................................................. 60
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Meeting with Mr. Malik Taha, General Manager of the Palestinian Population Registry, 2 April 2019,
Ramallah ................................................................................................................................................ 68
Meeting with Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman),
Ramallah, 2 April 2019 ........................................................................................................................... 69
Meeting with a humanitarian organisation, 2 April 2019, Jerusalem ....................................................... 72
Meeting with an international agency, 4 April 2019, Tel Aviv.................................................................. 77
Meeting with Mr. Mohammed Mansour, the Undersecretary of the Interior Ministry; Mr. Mahmoud
Salahaldin, Brigadier General Doctor, International Relations, Ministry of the Interior; Nasser Al-
Sharebarti, Civil Status Directorate, 2 April 2019, Ramallah .................................................................... 81
Appendix 2: Terms of Reference (ToR) ...................................................................................................... 84
Appendix 3: Exit permit from East Jerusalem (anonymised copy) ............................................................. 85
Appendix 4: Map of the Gaza Strip, Access and Movement ...................................................................... 86
Appendix 5: Map of the West Bank, Access Restrictions........................................................................... 87
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Disclaimer
This report was written according to the EASO COI Report Methodology.
1
The report is based on approved
minutes from meetings with carefully selected sources. Statements from sources are used in the report and
all statements are referenced.
This report is not, and does not purport to be a detailed or comprehensive survey of all aspects of the
issues addressed in the report and should be weighed against other available country of origin information
on access and residency for Palestinians on the West Bank, the Gaza Strip and East Jerusalem.
The report at hand does not include any policy recommendations or analysis. The information in the report
does not necessarily reflect the opinion of the Danish Immigration Service.
Furthermore, this report is not conclusive as to the determination or merit of any particular claim to
refugee status or asylum. Terminology used should not be regarded as indicative of a particular legal
position.
1
European Union: European Asylum Support Office (EASO), EASO Country of Origin Information report methodology, 10 July 2012,
url
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Introduction and methodology
The report at hand focuses on the access and residency for Palestinians in the West Bank, the Gaza Strip
and East Jerusalem.
The report is the product of a mission conducted by the Country of Origin Information Division, Danish
Immigration Service (DIS) to East Jerusalem, Ramallah and Tel Aviv in Israel and the occupied Palestinian
territory (oPt).
In the planning phase of the mission, contacts were established with relevant sources who confirmed their
availability on the given dates of our mission.
The purpose of the mission was to collect updated information on issues recurring in cases regarding
Palestinian asylum seekers from the West Bank, the Gaza Strip and East Jerusalem in Denmark. The terms
of reference (ToR) for the mission were drawn up by DIS, in consultation with the Danish Refugee Appeals
Board as well as an advisory group on COI (‘Referencegruppen’).
2
The terms of reference are included at
the end of the report (Appendix 2).
In the scope of compiling this report, the delegation consulted in total 14 interlocutors, comprising
international organisations, international NGOs, local NGOs, local Palestinian governmental authorities as
well as a lawyer. One of the sources did not have information relevant to the ToR for which reason the
meeting note was not included in the report.
In addition to information from the mentioned sources, hearings on access procedures to the West Bank,
the Gaza Strip and East Jerusalem were sent to the authorities in Israel, Egypt and Jordan via the Danish
Ministry of Foreign Affairs in January 2019. None of the authorities replied so far.
Furthermore, the delegation requested a meeting with the Israeli authority, the Coordination of
Government Activities in the Territories (COGAT). However, referring to the worsened security situation in
the Gaza Strip, which made it difficult for COGAT to allocate personal for the meeting as well as the limited
time for planning the meeting, the request for a meeting was declined. Thus, it has not been possible
through documentation from Israeli authorities to verify the information on official Israeli procedures and
requirements relating to a number of administrative processes surveyed in this report.
It was outside the scope of this report to verify the information on official Egyptian and Jordanian
procedures and requirements relating to administrative processes in these countries.
The sources interviewed were selected by the delegation based on the expertise, merit and role of each
source relevant to the mission.
The sources were asked how reference might be made to them in the report. Five out of thirteen sources
requested varying degrees of anonymity for the sake of discretion and upholding tolerable working
conditions, as well as for personal safety. All sources are referenced in the report according to their own
request.
2
The group consists of the Danish Refugee Council, Amnesty International in Denmark, Danish Institute for Human Rights, Dignity,
representatives of two Christian organisations (“Europa Missionen” and “Åbne Døre”), the National Commissioner of Police and the
Danish Bar and Law Society (representing asylum lawyers).
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The sources consulted were informed about the purpose of the mission and that their statements would be
included in a public report. The minutes from the meetings with the sources were forwarded to them for
approval, giving them a chance to amend, comment or correct their statements. All thirteen sources
approved their statements. The
Palestinian Ministry of Interior
replied by sending their own version of the
minutes in Arabic; including a translation into English. The questions asked by the delegation were not
included.
The report is a synthesis of the sources’ statements and thus does not include all details and nuances of
each statement. Written material has been included in the report where relevant. In the report, care has
been taken to present the views of the sources as accurately and transparently as possible. The statements
of all sources are found in their full extent in
Appendix 1
of this report.
During the interviews, the sources highlighted issues that are not addressed in the ToR. Since these issues
could be relevant to refugee status determination, they are included in the meeting notes in
Appendix 1,
but they are not fully addressed in the report.
For the sake of reader-friendliness, transparency and accuracy, paragraphs in the meeting minutes in
Appendix 1
have been given consecutive numbers, which are used in the report when referring to the
statements of the sources in the footnotes. The intention hereby is to make it easier to find the exact place
of a statement in the meeting minutes.
Finally, attention should be called to the changeable situation in Israel/oPt and the fact that the
information provided may quickly become out-dated. Therefore, the issues addressed in this report should
be monitored periodically and be brought up to date accordingly.
The Danish Embassy in Tel Aviv and the Danish Representation in Ramallah provided valuable assistance in
the planning and execution phases of the mission.
The research and editing of this report was finalised by 30 April 2019.
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Abbreviations
COGAT
DIS
EASO
HRC
HRW
ICHR
NGO
OCHA
oPt
ToR
UNHCR
UNRWA
Coordination of Government Activities in the Territories
Danish Immigration Service
European Asylum Support Office
UN Human Rights Council
Human Rights Watch
Independent Commission for Human Rights (Ombudsman)
Non-governmental organisation
United Nation’s Office for Coordination of Humanitarian Affairs
occupied Palestinian territory
3
Terms of reference
United Nations High Commissioner for Refugees
The United Nations Relief and Works Agency for Palestine Refugees
As defined by UN: the West Bank, including East Jerusalem, and the Gaza Strip. Source: United Nations Office for the Coordination
of Humanitarian Affairs,
About Us,
url
3
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Executive summary
In 1967, Israel conducted a census of the Palestinian population in the West Bank, the Gaza Strip and East
Jerusalem. The census became the basis for an Israeli registry of the Palestinian population, distinguishing
between Palestinians registered in East Jerusalem, the rest of the West Bank and the Gaza Strip.
Palestinians absent during the time of the census lost their resident status, and subsequently were not able
to register.
One of the outcomes of the Oslo Accords was the transfer of the administration of the Palestinian
population registry to the
Palestinian Authority
in 1994. However, the Israeli census of the Palestinian
population from 1967 was the reference, and Israel maintained control of the registry.
Registered Palestinians from the West Bank and the Gaza Strip, who left before 1994 and have remained
abroad for a period exceeding the duration of the Israeli issued exit permit, were deleted from the
population registry. Palestinians, who left after 1994, can return to the territories and take permanent
residency at any time. The residency of the Palestinians from the West Bank and the Gaza Strip became
permanent after the signing of the Oslo Accords in 1994. A Palestinian ID card equals a residence permit in
the West Bank and in the Gaza Strip. Palestinians who are not registered in the Palestinian population
registry are not allowed to enter the West Bank and the Gaza Strip.
All entry points into the West Bank are controlled by Israel. When
returning from abroad, West Bank
residents are referred to travel through the Allenby/King Hussein Bridge (see map in Appendix 5), via
Jordan. West Bank residents do not need special coordination or visas to enter Jordan for transit.
Palestinians travelling through the Allenby/King Hussein Bridge could travel using a valid Palestinian
passport or an ID card with exit/travel permission. An application for a Palestinian passport can be
submitted from abroad, while a Palestinian ID card can only be submitted to Palestinians applying from the
West Bank or the Gaza Strip.
The Gaza Strip’s border areas and coastline are strictly controlled by Israel and Egypt, and entry into the
Gaza Strip is restricted by the two countries. For entry to the Gaza Strip, residents can as a rule use the
Rafah Border Crossing (see map in Appendix 4), via Egypt, on the condition that it is open; entry procedures
are not transparent. Entering the Gaza Strip requires coordination with the Egyptian authorities.
Palestinians travelling through the Rafah Border Crossing could travel using a valid Palestinian passport or
an ID card. In principle, Palestinians who reach the Egyptian side of the Rafah Border Crossing will be
allowed to enter the Gaza Strip. However, security blocked Palestinians will be rejected entry. Entering the
Gaza Strip through the Erez Crossing (see map in Appendix 4), via Israel, requires a special entry permit
from Israel which is rarely given. Prior coordination with the Jordanian and Israeli authorities is also needed
to enter the Gaza Strip through the Erez Crossing via the Allenby/King Hussein Crossing.
No written refusals of applications for entry permits are issued by Israeli authorities. Instead a message will
be passed orally to the applicant.
Residents from the West Bank and the Gaza Strip are only allowed to use the Ben Gurion International
Airport in very exceptional cases. East Jerusalem Palestinians holding Israeli travel documents,
laissez-
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passer,
can use the Ben Gurion International airport. Otherwise, they have to travel through
Allenby/King
Hussein Crossing, via
Jordan.
Illegal exit from the West Bank and the Gaza Strip is criminalized. Palestinians, who have left these areas
illegally, will be arrested and detained upon return by the Israeli or the Jordanian authorities at the West
Bank and by the Egyptian authorities in Gaza.
Children below the age of 16 born abroad to registered Palestinian parents can be registered in the
Palestinian population registry. An unregistered child above the age of 16, who has registered parents, can
only obtain residency in the West Bank and the Gaza Strip through family reunification.
Approval of family reunification in the West Bank, the Gaza Strip and East Jerusalem is controlled solely by
the Israeli authorities. Family reunification for Palestinians living in East Jerusalem, the West Bank and the
Gaza Strip has been frozen since 2003. Family reunification is almost impossible, and very few have been
granted residence permits through family reunification since 2003.
East Jerusalem Palestinians are registered in Israel and have a residency status in the country.
In order not
to have their residency revoked, they continuously have to maintain their ‘centre of life’ in East Jerusalem.
East Jerusalem Palestinians leaving the city for an extended period of time risk revocation of their residence
status. During the latest years only few cases were revoked.
A child born abroad to East Jerusalem Palestinian parents can obtain residency in East Jerusalem, if the
parents return with the child and stay in the city to prove that their ‘centre of life’ is in East Jerusalem. It is
very difficult for a child above the age of 14 to obtain registration.
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Background
The ruling power
Today, the West Bank is occupied, and the Gaza Strip is under a blockade; both areas are administered
under Israeli military rule. East Jerusalem on the other hand is annexed by Israel and is under Israeli civilian
law.
4
Following the Islamist political group Hamas’
5
victory in the legislative election in 2006 and a subsequent
conflict with Fatah, the ruling party in the West Bank, Hamas took over the Gaza Strip.
6
The Palestinian
Authority, led by Fatah, exercise varying degrees of authority in the West Bank and no authority over the
Gaza Strip.
7
The Israeli imposed land, sea and air blockade on the Gaza Strip is a consequence of Hamas’
takeover of the Gaza Strip.
8
Geographical engineering
Israel is conducting geographical engineering in the West Bank, East Jerusalem and around the Gaza Strip
which is supported by administrative structures, permit regimes and restrictive residence permit rules.
9
The Palestinians are subject to access and movement restrictions imposed by Israel, which impact all
aspects of their life. Some of the restrictions are physically visible, including the checkpoints and the
separation barrier, while others are less visible measures, including the Israeli control of the population
registry, and Israel’s control over who enters and resides in the West Bank, the Gaza Strip and East
Jerusalem.
10
Israel is observed to have a clear policy of not allowing Palestinians to move back to the West Bank.
11
The
Gaza Strip is seen as enemy territory,
12
and Israel does not issue permits for stay in the Gaza Strip.
13
The
revocation of Palestinians’ residency in East Jerusalem is a way of decreasing Palestinian presence in the
city. Israel explicitly refers to the Palestinian presence in East Jerusalem as a demographic threat.
14
4
5
OCHA: 17; Western diplomatic representation: 37
According to the European Union Council decision of 22 December 2003, the de facto government in the Gaza Strip, Hamas, is
subject to financial restrictions, ie. briefly, it is illegal to contribute financially to the organization within a number of criteria. Read
more: COUNCIL DECISION of 22 December 2003 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive
measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2003/646/EC
url;
Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons
and entities with a view to combating terrorism:
url
6
Freedom House, Freedom in the World 2019,
the Gaza Strip,
url
7
USDOS – US Department of State: Country Report on Human Rights Practices 2018 - Israel, Golan Heights, West Bank, and Gaza -
West Bank and Gaza, 13 March 2019, page 61,
url;
The Washington Post, Hamas, 26 March 2019,
url
8
United Nation Office for The Coordination of Humanitarian Affairs,
Gaza Blockade,
url
9
Al Haq: 55
10
Al Haq,
Engineering Community: Family Unification, Entry Restrictions and other Israeli Policies of Fragmenting Palestinians,
February 2019, page 4,
url;
CRS – Congressional Research Service:
The Palestinians: Background and U.S. Relations,
21 November
2018, page 17,url; United Nation Office for The Coordination of Humanitarian Affairs,
Fewer permits granted to access land behind
Barrier,
18 March 2019,
url;
UN General Assembly,
Report of the Special Committee to Investigate Israeli Practices Affecting the
Human Rights of the Palestinian People and Other Arabs of the Occupied Territories, Report of the Special Political and
Decolonization Committee (4th Committee),
14 November 2017, page 22,
url
11
A Western diplomatic representation: 32
12
Lea Tsmel: 8
13
Gisha: 154
14
OCHA: 26
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Israel’s current practices related to entry and stay also effects family unity. Many families are split between,
the West Bank, the Gaza Strip, East Jerusalem or Israel, and only allowed to reunite for major family
events.
15
The permit regime
Initially after the occupation began, Palestinians from the West Bank and the Gaza Strip were able to travel
almost freely in territories controlled by Israel; however, under the first Intifada,
16
in 1991 Israel imposed a
new permit policy restricting the movement of the residents of the West Bank and the Gaza Strip between
areas controlled by Israel.
17
The new practice split the West Bank, the Gaza Strip and East Jerusalem into
three separate areas, and movement between them and travelling abroad has since been dependent on
Israeli approval.
18
In the Israeli permit system, as regard exit, entry and residency of Palestinians, there are many procedures
and the extensive amount of rules and regulations give the impression that there is order and
bureaucracy.
19
When applying for these permits, Palestinians face an arbitrary and a non-transparent
system and many applications are denied without explanation and with no avenue for appeal.
20
HRC – UN Human Rights Council (formerly UN Commission on Human Rights): Human rights situation in Palestine and other
occupied Arab territories, Report of the detailed findings of the independent international Commission of inquiry on the protests in
the Occupied Palestinian Territory, 18 March 2019, page 47 and 49,
url
16
‘’The First Intifada broke out in December 1987 and ended in September 1993. The backdrop to the uprising was the then 20-
year Israeli occupation of the West Bank, the Gaza Strip and East Jerusalem.’’ Middle East Monitor,
Remembering the First Intifada,
9 December 2017,
url
17
B’TSelem,
Restrictions on movement,
11 November 2017,
url;
The Applied Research Institute-Jerusalem (ARIJ),
The Israeli Permit
Regime: Realities and Challenges,
2018, page 3,
url
18
B’TSelem,
Restrictions on movement,
11 November 2017,
url
19
Gisha: 125
20
B’TSelem,
Restrictions on movement,
11 November 2017,
url
15
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I. Palestinian population registry
1.1
Palestinian decisions subject to Israeli supremacy
1.1.1. Palestinian population registry based on Israeli census in 1967
In 1967 Israel carried out a census of the Palestinian population.
21
The initial demarcation of the current
Palestinian population registry was drawn up based on this census, distinguishing between Palestinians
registered in East Jerusalem, the rest of the West Bank and the Gaza Strip. Palestinians, who were not
present, were not included in the registry and could not be registered afterwards.
22
People who were
present and registered in the census could pass on registration in the Palestinian population registry to
their children.
23
Anyone who fled during the 1967-war was removed from the population registry of that
time.
24
Palestinian ID cards are granted to Palestinians who hold a Palestinian national number in the registry.
25
A
Palestinian ID card equals a residence permit in the Palestinian territory.
26
Palestinians who fled from the wars in 1948 and 1967 cannot obtain a Palestinian national number and
cannot return according to Israeli law, despite the fact that they are registered in the Palestinian birth
records of that time.
27
In addition, a big number of Palestinians, who travelled abroad in the years between
the 1967-census and the Oslo Accords lost their residency.
28
For further reading on this matter, see: 3.1.
Residency of Palestinians in the West Bank and the Gaza Strip.
1.1.2. Conditional takeover by Palestinian Authority upon Oslo Accords
Upon the Oslo Accords, the administration of the Palestinian population registry was transferred to the
Palestinian Authority.
29
However, essentially Israel controls the registry.
30
Israel holds a copy of the
registry,
31
and the Palestinian Authority transfers its updates to the Israeli authorities.
32
Approval by Israeli
authorities is a de facto prerequisite for changes of the registry to enter into force.
33
An international organisation: 52; Gisha: 158; Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR –
Ombudsman): 190
22
An international organisation: 52
23
Gisha: 158; Ministry of Interior: 252
24
A humanitarian organisation: 193
25
Ministry of Interior: 250
26
Mr. Malik Taha, General Manager of the Palestinian Population Registry: 170
27
Ministry of Interior: 250
28
Al Haq: 65 – 68; Mr. Malik Taha, General Manager of the Palestinian Population Registry: 169; Mr. Ammar Dwaik, Independent
Commission for Human Rights (ICHR – Ombudsman): 188; A humanitarian organisation: 193; Ministry of Interior: 252
29
HaMoked: 110; Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 190; The Israeli-Palestinian
Interim Agreement on the West Bank and the Gaza Strip (Oslo II),
Annex III: Protocol Concerning Civil Affairs, Appendix I, Powers
and Responsibilities for Civil Affairs, Article 28 – Population Registry and documentation,
point 12, 28 September 1995,
url
30
Lawyer Lea Tsemel: 1; An international organisation: 52; Al Haq: 56
31
HaMoked: 110
32
Al Haq: 56; Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 190
33
Lawyer Lea Tsemel: 1; Al Haq: 56; Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 190
21
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The Oslo Accords provide that the Palestinian Authority collects information about new born Palestinians
born in the West Bank and in the Gaza Strip to be added to the registry and transfer this information to the
competent Israeli authorities. The Israeli authorities then accept the registration.
34
1.1.3. Palestinians of East Jerusalem excluded from the Palestinian population
registry
East Jerusalem is different from the Gaza Strip and the West Bank in the sense that it has been annexed by
Israel.
35
Therefore it does not fall under the control of the Palestinian Authority but is under Israeli law.
36
Thus, registration of Palestinians in East Jerusalem is managed solely by Israeli authorities,
37
and
Palestinians in East Jerusalem have residency in the State of Israel.
38
The Palestinian Authority has a policy of not giving people, who have lost their East Jerusalem ID, a
Palestinian ID. This policy has reportedly been applied so as not to encourage the Israeli authorities to
revoke the residency status of the Palestinian population in East Jerusalem.
39
A humanitarian organisation
pointed to the fact that the Palestinian Authority cannot grant citizenship
without acceptance from Israeli authorities. Further
the humanitarian organisation
explained that cases
where citizenship rights of a Palestinian resident of East Jerusalem have been punitively revoked, e.g. if one
of the person’s relatives has committed violence against an Israeli citizen, easily become political bargaining
chips between the Israeli and the Palestinian authorities.
40
1.2
Procedures
Registration in the Palestinian population registry requires appearance at the competent Palestinian
authority, the General Authority of Civil Affairs under the Ministry of Interior.
41
Under normal
circumstances, it takes about one week from application to registration.
42
Documents required when registering include an original birth certificate and a copy of one parent’s ID
card. In case one of the parents is a foreigner, a copy of his/her passport and a copy of the marriage
certificate will also be required.
43
The age limit for child registration is 16 years.
44
Technically Israel could deny registration in the Palestinian
population registry but does not; as long as the child in question is below the age of 16 at the time of
registration.
45
Gisha: 158; The Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip (Oslo II),
Annex III: Protocol
Concerning Civil Affairs, Appendix I, Powers and Responsibilities for Civil Affairs, Article 28 – Population Registry and documentation,
point 12, 28 September 1995,
url
35
Lea Tsemel: 2; OCHA: 17
36
OCHA: 17
37
HaMoked: 99
38
Lea Tsemel: 2; OCHA: 18; an international humanitarian organisation: 50, Al Haq: 59-61; HaMoked: 99
39
OCHA: 24, Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 186
40
A humanitarian organisation: 202
41
Mr. Malik Taha, General Manager of the Palestinian Population Registry: 166
42
Mr. Malik Taha, General Manager of the Palestinian Population Registry: 166
43
Mr. Malik Taha, General Manager of the Palestinian Population Registry: 166
44
Al Haq: 73; A humanitarian organisation: 217, Mr. Malik Taha, General Manager of the Palestinian Population Registry: 165; Mr.
Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 190, Ministry of Interior: 253
34
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Al Haq
said that if a child has not been registered by birth, it is very difficult for the child to become
registered.
46
Conditioned on Israeli approval, the Palestinian Authority can update marriage registration and change a
person’s registration between the West Bank and the Gaza Strip.
47
Registration with the United Nations Relief and Works Agency for Palestine Refugees in the Near East
(UNRWA) has no bearing on an individual’s status in the Palestinian population registry.
48
1.2.1 Registration of a child of registered parents born abroad
A child of at least one registered parent from the West Bank or the Gaza Strip born abroad can register
before s/he turns 16
49
; even if the child has lost his/her parent(s).
50
A child, after s/he turns 16 cannot
register; except through family reunification.
51
Gisha noted that in order to register a child in the West Bank, the parents have to contact the Palestinian
Ministry of Interior in Ramallah. Children born abroad between age five and age 16 will be registered using
a visitation permit.
52
1.2.2 Avenues for complaints with regard to registration
The Palestinian
Ombudsman
processes complaints related to the Palestinian Civil Affairs’ administration of
the Palestinian population registry. However, he does not have legal basis to process complaints against
Israeli authorities.
53
There is no avenue for complaints for Palestinians without an ID number, who are stateless.
54
1.2.3 Verification of registration via the Israeli/Palestinian authorities
Palestinians, who have stayed abroad for years, might not know if their residence permits have been
revoked. They would be notified if they came to the border, or if they went to renew their ID. However,
they could also look into the matter through legal representation or family present in the relevant area.
55
It
is possible for Palestinians abroad to inquire by proxy in order to seek verification of their residency status
by local authorities.
56
Gisha: 158
Al Haq: 73
47
Gisha: 159
48
An international organisation: 52
49
A humanitarian organisation: 217; Mr. Malik Taha, General Manager of the Palestinian Population Registry: 165; Ministry of
Interior: 253 (the Ministry of Interior refers to the registration as citizenship); The Israeli-Palestinian Interim Agreement on the
West Bank and the Gaza Strip (Oslo II),
Annex III: Protocol Concerning Civil Affairs, Appendix I, Powers and Responsibilities for Civil
Affairs, Article 28 – Population Registry and documentation,
point 12, 28 September 1995,
url
50
Mr. Malik Taha, General Manager of the Palestinian Population Registry: 165
51
A humanitarian organisation: 217; Gisha: 161; Mr. Malik Taha, General Manager of the Palestinian Population Registry: 165;
Ministry of Interior: 253
52
Gisha: 161
53
Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 173 - 174
54
Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 175
55
Al Haq: 69
56
Gisha: 162; Mr. Malik Taha, General Manager of the Palestinian Population Registry: 170
46
45
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Inquiries to the Palestinian authorities in this regard must be directed to the Civil Administration and must
include the name of the applicant, name of the father and mother, the date of birth and the place of birth
of the applicant.
57
Palestinians in the West Bank can check their residency status through the Palestinian Ministry of Interior in
Ramallah, whereas Palestinians in Gaza could contact the Ministry of Interior in Ramallah remotely or verify
information via the Palestinian Civil Affairs Committee office in Gaza.
58
On the website of the Israeli authority Coordination of Government Activities in the Territories (COGAT)
there is an email and a phone number by which people could contact COGAT in order to seek information
about their residency status.
59
However, this avenue of inquiry has neither been tested by
Gisha
which
provided this information
60
nor by the Danish Immigration Service.
57
58
Mr. Malik Taha, General Manager of the Palestinian Population Registry: 170
Gisha: 163
59
COGAT:
contact information to seek information about residence status,
url
60
Gisha: 164
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2. Entry for Palestinians originating from the West Bank, the
Gaza Strip and East Jerusalem
Entry for Palestinians arriving from abroad to the West Bank, the Gaza Strip and East Jerusalem depends on
several conditions, including their registration status and type of ID documents.
61
•
Generally speaking, Palestinians registered in the Palestinian population registry can only enter by
land. They cannot travel through Ben Gurion International Airport in Tel Aviv.
62
o
As a rule, a Palestinian registered in the Palestinian population registry at the West Bank
can enter through the Allenby/King Hussein Bridge.
63
(Chapter 2.1)
o
Regarding a Palestinian registered in the Palestinian population registry in the Gaza Strip,
s/he can as a rule travel through the Rafah Border Crossing.
64
Entry to the Gaza Strip
through Egypt is dependent on whether or not the Rafah Border Crossing is open.
65
(Chapter 2.2)
Depending on the time spend abroad, Palestinians, who are registered in the Israeli civil register as
residents in East Jerusalem, can as a rule enter East Jerusalem through Ben Gurion International
Airport and the Allenby/King Hussein Crossing.
66
(Chapter 2.3)
•
2.1 Palestinians from the West Bank registered in the Palestinian population
registry
2.1.1 Allenby/King Hussein Bridge
The central question with regard to Palestinians entering the West Bank is whether or not they are
registered in the Palestinian population register. If a person is registered, this person is considered a
Palestinian resident by both Palestinian and Israeli authorities; even if the person in question holds a
foreign passport.
67
West Bank residents do not need any special coordination or visas to enter Jordan for transit. They could
land at the airport in Amman and then go directly to the Allenby/King Hussein Bridge (see map in Appendix
5).
68
The crossing point is controlled by Jordan and Israel; the Palestinian authorities do not have
jurisdiction at the border crossing; however, they do have a checkpoint on the Palestinian side of the
border in which travellers are checked against a database for wanted fugitives.
69
When passing through
An international organisation: 52; Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 177
Ministry of Interior: 245; A humanitarian organisation: 204; Al Haq: 81
63
Gisha: 140; Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 178
64
Gisha: 134-139 and 149; An international agency: 227; A humanitarian organisation 210
65
Al Haq: 82
66
Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 178
67
Gisha: 151
68
Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 177; Al Haq: 81
69
Migrationsverket, Lifos. Center för landinformation och landanalys inom migrationsområdet,
Lifosrapport: Palestinier i Mellanöstern – uppe hållsrätt och dokument (version 1.0), 20, 18-10-31, side 38,
url;
the Independent
Commission for Human Rights (ICHR – Ombudsman): 178
62
61
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from Jordan, the travellers will first meet the Jordanian authorities; secondly, s/he will meet the Israeli
authorities and after that the Palestinian authorities.
70
In theory, Israel respects the right of West Bank residents to leave and re-enter from abroad.
71
However, if
a Palestinian from the West Bank is blocked for security reasons, s/he will not be allowed entry from
Jordan.
72
Reference is made to chapter 2.7 for information on security blocks on Palestinians.
Under the current regulations, there is no time limit for return; even Palestinian West Bank residents, who
have spent twenty years abroad, will be able to re-enter.
73
In case, a person is registered but has no
documentation, s/he can still enter.
74
However, a specific entry procedure applies to residents, who lost
their documentation overseas.
75
Registered Palestinians with residency at the West Bank cannot travel through Ben Gurion International
Airport in Tel Aviv.
76
2.1.1.1 Document requirements at the Allenby/King Hussein Bridge
According to the Israeli procedures as translated by
Gisha,
Palestinians travelling through the Allenby/King
Hussein Bridge could travel using either a) a valid Palestinian passport which is updated in the
computerized register or b) a departure card and a valid ID card.
77
Gisha
does not have information about
which grounds a departure card is issued on.
78
This information on document requirements was confirmed
by
a humanitarian organisation
which, on the other side, added that even though the Israeli border guard
will ask for both documents, in practice only one of the two is needed in order to cross, and it does not
have to be valid.
79
The
Palestinian Ministry of the Interior
noted that Palestinians need both a Palestinian
passport and an ID card to pass through the Allenby/King Hussein Bridge.
80
2.1.2 Issuance of documents
According to the
Palestinian Ministry of Interior,
the Palestinian ID card is issued for each Palestinian in the
West Bank and in the Gaza Strip.
81
The ID card cannot be issued to any Palestinian who is living outside the country. In case a Palestinian living
abroad needs an ID card, s/he must return to the Gaza Strip or the West Bank, and then have an ID card
issued. ID cards cannot be issued by the Palestinian embassies abroad.
82
For further information on
70
71
State of Palestine, Ministry of Interior: 242
HaMoked: 140
72
Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 178
73
Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 185
74
Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 185; Gisha: 151
75
Gisha: 151, Gisha website,
Procedure of Palestinian residents’ passage at the border crossings,
url
For further information on the entry procedure, Gisha referred to this document from the Israeli authorities (Hebrew),
url
76
Ministry of Interior: 245; A humanitarian organisation: 204; Al Haq: 81
77
Gisha website,
Procedure of Palestinian residents’ passage at the border crossings,
url
78
Gisha: 151
79
A humanitarian organisation: 209
80
Ministry of Interior: 243
81
Ministry of Interior: 250
82
Ministry of Interior: 250
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issuance of ID cards, please refer to minutes from meeting with the Palestinian Ministry of Interior,
Appendix 1.
According to the
Palestinian Ministry of Interior,
an applicant must have his/her Palestinian ID number
approved by the Israeli authorities in order to obtain a passport.
83
The
Palestinian Ministry of Interior
stated that a Palestinian passport can be issued abroad. In order to
obtain a Palestinian passport from abroad, the applicant must go to the Palestinian embassy in the country
where s/he resides. In addition, the Palestinian Embassy will facilitate the process of checking and
examining the applicant in order to verify his personal data registered with the Israeli authorities. The
Embassy then sends the request to the Palestinian
Ministry of Interior
to issue the passport; the ministry
then sends it to the embassy.
84
In this respect,
Al Haq
commented that theoretically, registered Palestinians can apply for a Palestinian
passport through the Palestinian embassy in Cairo or the Palestinian Representation in Amman or other
representations. However, it takes more time to get a new passport this way than through the
administration of the Palestinian authorities in the West Bank. A Palestinian from Gaza will need to find a
person on the West Bank to help him/her to follow up on the application for a new passport.
85
For further
information on issuance of passports, please refer to minutes from meeting with Al Haq, Appendix 1.
2.2 Palestinians from the Gaza Strip registered in the Palestinian population
registry
2.2.1 Rafah Border Crossing, Egypt
The Egyptian authorities control the Rafah Border Crossing (see map in Appendix 4), including when it
opens and closes.
86
Hamas has control of the Rafah Border Crossing on the Palestinian side and controls all
entries and exits from the Gaza Strip.
87
Entering the Gaza Strip requires coordination with the Egyptian authorities.
88
Sometimes it is also
dependent on the political situation on the ground; one cannot decide to come back from Denmark to
Egypt unless the return is coordinated with the Egyptian authorities.
89
Generally speaking, registered Palestinians with residency in the Gaza Strip cannot use Ben Gurion
International Airport. They have to use the Rafah Border Crossing to enter the Gaza Strip from abroad.
90
Only Gaza residents are allowed to enter through the Rafah Border Crossing.
91
The
Palestinian Ministry of
Interior
and the Palestinian
Ombudsman
noted that Palestinians from the West Bank with a Palestinian ID
Ministry of Interior: 251
Ministry of Interior: 251
85
Al Haq: 89
86
Migrationsverket, Lifos. Center för landinformation och landanalys inom migrationsområdet,
Lifosrapport: Palestinier i Mellanöstern - uppehållsrätt och dokument (version 1.0), 2018-10-31, page 39,
url
87
Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 176
88
Mr. Malik Taha, General Manager of the Palestinian Population Registry : 168
89
Al Haq: 86
90
Ministry of Interior: 245-246; Al Haq: 82
84
83
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card need prior coordination with the Egyptian Ministry of Interior if they want to enter through the Rafah
Border Crossing.
92
2.2.1.1 Opening hours of and the control with the Rafah Border Crossing
Palestinians from the Gaza Strip cannot always cross at the Rafah Border Crossing point.
93
Entry to the Gaza
Strip through Egypt is dependent on whether or not the Rafah Border Crossing is open.
94
The Egyptian authorities control the opening and closing of the Rafah Border Crossing; it has been open on
a regular basis since May 2018, with an exception in January 2019, where it was closed for 14 days.
95
The
border is open from sunrise till sunset five days a week and is closed on Fridays, Saturdays and holidays.
96
A
humanitarian organisation added that the daily working hours are as follows: from 10 AM – 12 PM noon for
departures and from 12 PM - 7 PM or 8 PM for arrivals.
97
The Egyptian authorities inform the Palestinian General Authority for Borders and Crossings placed in
Jericho, the West Bank, and the de facto authorities in the Gaza Strip, Hamas, when the border is open and
closed. Hamas then releases the information to the media.
98
Notification by the Egyptian authorities is
usually given with a short notice. The information about the opening and closing of the Rafah Border
Crossing is also available online on the websites of the General Authority for Borders and Crossings and
Hamas’ Ministry of Interior Office in the Gaza Strip. Discrepancy in the information provided on these two
websites on whether the border is open or closed is a result of political disagreement between Fatah and
Hamas.
99
2.2.1.2 Entry procedures and practice
The procedures in place at the border crossings to the Gaza Strip are not transparently implemented. They
are not bound by strict rules; including on the Israeli side. In particular, the situation at the Rafah Border
Crossing is subject to changing procedures.
100
Generally, Palestinians returning to the Gaza Strip from abroad via Egypt, both men and women, will be
escorted in a military convoy from Cairo Airport directly to the Rafah Border Crossing. The trip from Cairo
Gisha: 139
Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 177; Ministry of Interior: 246
93
Ministry of Interior: 246; Al Haq: 82; A humanitarian organisation: 210; An international humanitarian organisation: 42
94
Al Haq: 84
According to OCHA, many of the current restrictions on movement, originally imposed by Israel in the early 1990s, were intensified
after June 2007, following the Hamas takeover of Gaza and the imposition of a blockade. These restrictions continue to, among
other, disrupt family life. The situation has been compounded by the restrictions imposed since June 2013 by the Egyptian
authorities at Rafah Crossing, which had become the main crossing point used by Palestinian passengers in the Gaza Strip, given the
restrictions on the Israeli-controlled crossings. Source: UN Office for the Coordination of Humanitarian Affairs (OCHA),
Gaza
Crossings’ operations status: Monthly update – April 2018,
url
According to OCHA, Political uncertainty and military operations in northern Sinai led Egypt to impose severe restrictions on the
crossing from October 2014 through to mid-May 2018. Since then, there has been a significant improvement and Rafah crossing
has been open almost continuously. Source: UN Office for the Coordination of Humanitarian Affairs (OCHA),
Recent trends in
Palestinian access from Gaza: Erez and Rafah crossings, September 2018,
url
95
An international agency: 131
96
Gisha: 131; an international agency: 221
97
A humanitarian organization: 211 - footnote
98
An international Agency: 222
99
An international Agency: 222
100
An international Agency: 223
Palestinian Authority, Authority for Borders and Crossings,
url
De facto authorities in the Gaza Strip, Hamas’ Ministry of Interior Office in Gaza,
url
92
91
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airport to the Rafah Border Crossing typically takes between 48 to 72 hours,
101
and the waiting time on the
Egyptian side of Rafah is usually between two and three hours. If the border is closed, travellers have to
wait until the border reopens, either at Cairo Airport or at the Egyptian side of the border, or they have to
travel back to their country of departure.
102
Sometimes Palestinian travellers stay in Cairo for days or weeks
waiting for the Egyptian authorities to open the Rafah Border Crossing.
103
2.2.1.3 Requirements concerning pre-arrival visas for Egypt
The sources differed in their view on the extent to which the Egyptian authorities require a pre-arrival visa
for Palestinians who wish to enter the Gaza Strip via Rafah Border Crossing.
According to two sources, Palestinian men in the age span of 18 to 49 need a pre-arrival visa to enter and
transit in Egypt; even though they go directly by bus from Cairo Airport to the Rafah Border Crossing
through Sinai.
104
The visa can be obtained at the Egyptian embassy of the country they are staying in
abroad.
105
An international agency
noted that the Egyptian border authorities only require Egyptian entry visas for
Palestinians arriving from abroad who want to spend time inside the country. However, Palestinian men
between the age of 16 and 40 arriving from abroad are never allowed inside Egypt, as visa is not granted
under any circumstances. They will always be deported directly to the Rafah Border Crossing in a military
convoy.
106,107
According to
Gisha
and
an international agency,
not including men aged between 18 and 40 /16 and 40,
Palestinian travellers who want to go straight to the Gaza Strip, do not need a visa but will be held in a
detention area at the airport while they wait for a shuttle to take them to the Rafah Border Crossing.
108
Women, children and men over the age of 40 do not need a visa to transit in Egypt.
109
An international
agency
noted that in principle Palestinian men above the age of 40 can get a visa to Egypt upon request,
but it is easier for older men. Men in their 60s or 70s are more likely to be granted entry visa to Egypt.
110
An international Agency: 224; Al Haq: 84
An international Agency: 224
103
Al Haq: 84
104
Gisha: 135-136; Al Haq: 86
105
Gisha: 136
106
An international agency: 225
107
Further research on whether or not a pre-arrival visa for Egypt is required was conducted in written sources:
The Embassy of Egypt in USA informs that Palestinians returning at the Rafah Border Crossing via Egypt must have a pre-arrival visa.
(Embassy of Egypt, Washington D.C, Visa Requirements,
url
Landinfo (2017) refers to a source informing that all Palestinians must apply for a pre-arrival visa with the exception of women and
minors below the age of 18 and men above the age of 40. (Landinfo,
Temanotat Palestina: Passering av grenseovergangene Rafah
og Erez til og fra Gazastripen,
maj 2017,
url)
UNHCR (2018) notes that Palestinians are not required to have a pre-arrival visa to Egypt in order to access the Gaza Strip via the
Rafah Border Crossing; however, in order to avoid issues with the Egyptian authorities, the flight companies will solely allow
Palestinians from Gaza to board the air plane if an opening of the Rafah Border Crossing has been scheduled. (UN High
Commissioner for Refugees (UNHCR),
Country of Origin Information on the Situation in the Gaza Strip, Including on Restrictions on
Exit and Return,
23 February 2018,
url
108
Gisha: 135-136; An international Agency: 225
109
Gisha: 135-136
110
An international Agency: 225
102
101
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An international agency
noted that if a man is accompanied by a wife and/or a child, the wife and/or child
can be allowed to spend time inside Egypt.
111
2.2.1.4 Required documents
According to an Israeli procedural document translated by
Gisha
from Hebrew to English, Palestinians,
travelling through the Rafah Border Crossing, could travel using either a) a valid Palestinian passport which
is updated in the computerized register or b) a departure card and a valid ID card.
112
Gisha
does not have
information about which grounds a departure card is issued on.
113
This information on required documents
was confirmed by three other sources.
114
However, the
Palestinian Ministry of Interior
noted that both The
Palestinian passport and the ID card are needed.
115
The
General Manager of the Palestinian Population Registry
noted that Palestinians from the Gaza Strip,
who arrive in Cairo Airport, should have an Egyptian transit permit.
116
The
Palestinian Ministry of Interior
noted that Palestinians, who are under the age of 40, need to obtain a visa in order to leave Egypt.
117
2.2.2 When the Rafah Border Crossing is closed; access through the Erez Crossing via
the Allenby/King Hussein Bridge
If a Palestinian returning to the Gaza Strip from abroad can prove that the Rafah Border Crossing is closed,
and the person in question needs to get in for humanitarian reasons,
Gisha
has sometimes succeeded in
facilitating access, but this has been a very rare occurrence. If the Rafah Border Crossing is closed, it is very
difficult for the Gaza Strip residents to return from abroad if they exited Gaza.
118
Theoretically, registered Palestinians have a recognised right to return. However, Israel does not seem to
let people use the Erez Crossing if they are not able to use the Rafah Border Crossing; implementation
depends on Israel’s policy at the time being.
119
While Israel controls the Erez Crossing, Hamas has a
checkpoint on the Palestinian side of the Erez Crossing.
120
2.2.2.1 Procedure and practice
Gaza Strip residents need a special permit to transit in Jordan when they go abroad. In order to exit, they
have to submit a request to the Jordanian passport office in Gaza. The Jordanian passport office in the Gaza
Strip sends the request to the Jordanian representation in Ramallah which processes the request. Upon
111
112
An international Agency: 225
Gisha: 151: Gisha website,
Procedure of Palestinian residents’ passage at the border crossings,
url;
An international agency: 228
113
Gisha: 151
114
An international Agency: 228; Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 177; Al Haq:
85
115
Ministry of Interior: 246
116
Mr. Malik Taha, General Manager of the Palestinian Population Registry : 168
117
Ministry of Interior: 246
118
Gisha: 127
119
Gisha: 128; Gisha: 129: Gisha website,
Unclassified Status of Authorizations for the Entry of Palestinians into Israel, their Passage
between Judea and Samaria and the Gaza Strip and their Travel Abroad - Coordination of Government Activities in the Territories,
Operations and Coordination Department Updated as of September 18, 2017,
url
According to
Gisha,
the most current version of the document is a version in Hebrew also found on their website:
url
Gisha added
that the Israeli authorities never make drastic changes in the Hebrew document, but usually just update in the quotas; sometimes
they publish information about special ‘gestures’ for holidays or the like. It is a very lengthy document that lists different kinds of
profiles, i.e. quotas, numbers of people and what classifies as medical treatments, seriously ill family members etc.
120
Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 176
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approval a transit visa; i.e. a so-called ‘non-objection letter’ (Arabic: ’adam mumana’a), is issued for the
person in question. Normally, the transit visa says that it can be used for transit both ways, and the visa has
no expiration date. However, there was a case where a Palestinian woman had stayed in Turkey for a year
to study and was denied entry to transit in Jordan.
Gisha
tried to assist her, but was not successful.
Fortunately, she had personal connections, who in early April 2019 solved the issue for her.
121
According to
Al Haq,
advance coordination with the Jordanian and Israeli authorities is needed to enter the
Gaza Strip through the Erez Crossing via the Allenby/King Hussein Bridge.
122
However,
Gisha
noted that
there is no coordination between the Jordanian and the Israeli authorities when it comes to transiting Gaza
Strip residents. This means that a person might get a ‘non-objection letter’ from the Jordanian authorities
but not a permit from the Israeli side and vice versa.
Gisha
further explained that these are unconnected
processes. If a person is denied a permit by Israel but has a non-objection, s/he would have to reapply for
the Israeli permit. If s/he has a permit but not a non-objection letter, s/he may be denied exit from the Erez
Crossing.
Gisha
knows of cases where people were allowed to exit, but then had to come back when the
Jordanian authorities would not let them in.
123
The Palestinian
Ombudsman
added that Palestinians leaving the Gaza Strip through the Erez Crossing need
permission from Hamas.
124
For further information on exit from the Gaza Strip via the Erez Crossing, please
refer to minutes from meeting with a humanitarian organisation, section 211 - footnote.
2.3 Palestinians from East Jerusalem registered in the Israeli register
According to the Palestinian
Ombudsman,
Palestinians with residence permit in East Jerusalem can enter
through Ben Gurion International Airport and through the Allenby/King Hussein Bridge.
125
2.3.1 Entry through Ben Gurion International Airport, Tel Aviv
When it comes to Palestinians from East Jerusalem, the ability to return depends on the time spent abroad,
as Israeli laws allow the revocation of a residence permit for East Jerusalem residents if they have been
abroad or spend time outside Jerusalem for a particular period of time. The Israeli Ministry of Interior has
the discretion to delete them from the registry.
126
According to several sources, a Palestinian with a
residence permit in East Jerusalem, who stays abroad for more than seven years, risks to have his/her
residence permit revoked.
127
Reference is made to chapter 3.2.3 on risk revocation on residence permits.
2.3.1.1 Document requirements for passing Ben Gurion International Airport
If Palestinians from East Jerusalem want to travel through Ben Gurion International Airport, they have to
get an Israeli laissez-passer; they cannot use their Jordanian passport to travel through Ben Gurion
International Airport.
128
Reference is made to chapter 2.3.2. on Jordanian passports issued to Palestinians.
Palestinian East Jerusalem residents’ only hold a temporary Israeli travel document; i.e. a laissez-passer.
121
122
Gisha: 141
Al Haq: 82
123
Gisha: 143
124
Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 176
125
Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 177
126
Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 185
127
Al Haq: 62; HaMoked: 102; A humanitarian organization: 193
128
Al Haq: 91
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This indicates that they only live temporarily in East Jerusalem. Whenever these people leave and come
back, they will be issued with an entry visa to Israel. When they exit Israel, their travel document will be
stamped. This applies for travel through Ben Gurion International Airport as well as travel through other
exit points.
129
The Israeli travel document, i.e. laissez-passer, held by East Jerusalem Palestinians could be renewed from
abroad. Usually, though, they get a one-entry visa printed on their travel document and once they arrive,
they have to go to the Israeli Ministry of Interior to properly renew the document. The travel document can
be renewed for a maximum of two years at a time.
130
A Palestinian from East Jerusalem, who does not hold a residence permit, will be sent back to where s/he
came from.
131
Depending on the type of passport they are travelling with, Palestinians returning from abroad to reinstate
their residency in East Jerusalem need a pre-arrival visa to enter Israel.
132
2.3.2 Entry through the Allenby/King Hussein Bridge, using Jordanian passports
Palestinians from East Jerusalem can enter through the Allenby/King Hussein Bridge.
133
According to the Palestinian
Ombudsman,
the Jordanian Government provides Palestinians from East
Jerusalem with a temporary passport, issued for five years.
134
Al Haq
differed from this view in saying that
previously the temporary Jordanian passports were granted for five years, but currently, the Jordanian
temporary foreigners’ passports are issued for 14 years.
135
This passport is not considered a Jordanian
citizenship.
136
Some of the Jordanian passports held by Palestinians are permanent passports, because they
have family in Jordan.
137
The majority of the Palestinians in East Jerusalem and some of the Palestinians in the West Bank hold
Jordanian passports. The majority of the Palestinians in East Jerusalem and some of the Palestinians in the
West Bank hold Jordanian passports. Most of these passports are not nationality passports but temporary
foreigner’s passports. If a Palestinian wants to use his Jordanian passport at the Allenby/King Hussein
Bridge, s/he must show his/her Palestinian ID card and a permit that s/he applies for and must pay a fee.
138
The Jordanian passport can be used for traveling abroad through Jordan.
139
Most Palestinians tend to travel
on their Jordanian passport, because it is easier. For that reason, the Israeli authorities find out about the
citizenship when the individuals in question return from abroad.
140
If the Israeli authorities discover that a
129
130
A humanitarian organisation: 206
OCHA: 21
131
Al Haq: 85
132
Al Haq: 107
133
Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 177
134
Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 187
135
Al Haq: 91
136
Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 187; Al Haq: 91
137
Al Haq: 91
138
Al Haq: 91
139
Al Haq: 91
140
OCHA: 21
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Palestinian from East Jerusalem has obtained foreign citizenship, they can suspend the residence permit of
this individual. Afterwards, the Palestinian in question might be able to come back as a tourist for three
months, but cannot reside in the country.
141
2.4 Unregistered Palestinians
Israeli citizens and stateless Palestinians, who cannot enter without a permit, are prevented from entering
the West Bank. The Israeli authorities will process applications for entry permits from stateless Palestinians
on a case-by-case basis. The processing system is very restrictive.
142
For visiting purposes only, unregistered Palestinians, who can prove their relation to first blood relatives
living in the Gaza Strip, will also be allowed to enter. Unregistered Palestinians will not be entitled to an ID
card.
143
2.4.1 Children below the age of 16
For children of Palestinian residents, who were born outside Israel/Palestine, the following requirements
apply at entry: Children up to five years of age can enter Israel/Palestine using an original birth certificate
and either an own passport or a registration in a parent’s foreign passport.
144
At the border crossing, the
child will receive a ‘Minor Entry Certificate’ by which s/he will be able to register at the Palestinian Ministry
of Interior and will receive an ID number by the time s/he turns 16. Palestinians apply for passports in Gaza
by sending an application to Ramallah.
145
Children below the age of 16 entering the Gaza Strip through the Rafah Border Crossing without any of
their parents will need an aliens’ passport to do so. Children below the age of 16 of at least one registered
Palestinian parents can enter the West Bank and the Gaza Strip accompanied by the registered parent or
both parents if they are registered.
146
Unregistered Palestinian children between the age of 14 and 16 who
want to enter the West Bank need prior permission from the Israeli authorities.
147
2.5 Palestinians who are not registered and who hold a foreign passport
Palestinians, who have not been registered, can enter the West Bank as foreigners. Arabs with other
citizenships, who wish to stay on the West Bank, will be given a visa to the West Bank, only depending on
where they will stay.
148
Travellers holding a foreign passport from a country that has diplomatic relations
with Israel can enter on a three month tourist visa issued to them at Ben Gurion International Airport.
149
Reference is made to chapter 2.3.2 on Palestinians holding Jordanian Passports.
141
142
OCHA: 21
An international humanitarian organisation: 43
143
An international agency: 227
144
Gisha: 156-157:
Gisha
assumes that ‘foreign passport’ could include Palestinian Passports.
145
Gisha: 156-157
146
Mr. Malik Taha, General Manager of the Palestinian Population Registry : 168
147
Mr. Malik Taha, General Manager of the Palestinian Population Registry : 167
148
An international humanitarian organisation: 45
149
A humanitarian organisation: 204
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Foreign passport holders might be allowed entry to the Gaza Strip if s/he provides evidences that his/her
first blood relatives live in Gaza.
150
2.6 Avenues for complaints with regard to entry
If a Palestinian wishes to appeal a rejection, an administrative proceeding has to be launched; essentially
suing Coordination of Government Activities in the Territories (COGAT) in order to reverse its decision. In
that process, the judge reviews the petition and determines whether or not to set a date for a hearing, thus
compelling the state to defend COGAT’s decision.
Gisha
filed about 50 petitions in 2018 and provided
general legal assistance to about 1300 individuals.
Gisha
is successful in around 60 percent of the cases. As
a rule,
Gisha
only brings to court cases that have some chances of success. However,
Gisha
also brings to
court a smaller amount of cases to challenge the system.
151
The Palestinian
Ombudsman
does not receive complaints from Palestinians not being able to enter the
Gaza Strip, but he does receive complaints about Gaza Strip residents not being able to exit the Gaza
Srip.
152
2.7 Consequences of illegal exit
According to the
Palestinian Ministry of Interior,
it is difficult for a Palestinian, who left the Gaza Strip
illegally to return; s/he must coordinate with the Egyptian authorities in order to return to the Gaza Strip; in
some cases coordination with the Palestinian Embassy in Cairo is considered necessary.
153
Al Haq
noted
that illegal exit from the West Bank and the Gaza Strip is criminalized. According to Israeli military orders,
Palestinians who have left these areas illegally, will be arrested and detained upon return by either the
Israeli or the Jordanian authorities at the West Bank and by the Egyptian authorities in Gaza. It is unknown
for how long they will be detained.
154
Currently, when people enter or exit through Israeli controlled border crossings, they will be given a visa
that looks like a passport-slip as their entry and exit permit. When people leave the Gaza Strip, their
passports will be stamped by both the Palestinian and the Egyptian authorities both ways.
155
Inhabitants of the Gaza Strip are registered by Hamas and the Egyptian authorities when they leave legally
through the Rafah Border Crossing point. It is unclear to
Al Haq
specifically what will happen in Egypt if the
Egyptian authorities find out that a Palestinian exited the Gaza Strip illegally and entered Egypt. However,
the Egyptian authorities will send back Palestinians who have exited illegally. The same goes for the
Jordanian authorities, if they find out that a Palestinian in transit in Jordan has left the West Bank
illegally.
156
150
151
An international agency: 227
Gisha: 153
152
Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 176
153
Ministry of Interior: 249
154
Al Haq: 93
155
Al Haq: 94
156
Al Haq: 95
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A person registered in the Gaza Strip who goes to the West Bank and takes up illegal residence there, i.e.
overstays his/her exit permit, will be blacklisted. This means that the person in question could probably not
come back to the West Bank; not even for medical reasons.
157
It is almost impossible to leave the West Bank illegally. A source commented that the only possible way
would be to be smuggled out or a wanted person who slipped through gaps in the security. Persons exiting
in such ways would run the risk of arrest if they returned.
158
2.7.1 Security block on Palestinians
It is
Gisha’s
impression that people can be blocked for ’security reasons‘ until proven innocent. In other
words, the default is that a person is blocked until the authorities check him/her.
Gisha
notes that Israel
claims that its administration does not have the resources to check all the people requesting permits and
thus it seems they block people for transit, especially those seeking travel for a specific date, because they
did not have time to conduct their security checks.
Gisha
added that people are not given an explanation
when they are blocked; it is only when they launch an appeal by legal assistance that they can gain some
insight into their case. The same source further commented that sometimes Israeli authorities give a
paraphrase of the decision grounds; however, often the statements of the authorities are very vague; the
reasoning is often “contact with terrorist elements” which is applied very broadly. Against this background,
Gisha
concluded that it is quite difficult to challenge a security block.
159
Sometimes people are security blocked if they have the same name as someone from an organisation
considered a terrorist organisation by Israeli authorities.
160
2.8 Israeli authorities’ decision parameters when processing entry permit
applications
No written refusals of applications for entry permits are issued by Israeli authorities. Instead, a message will
be passed orally to the applicant through the local Palestinian Committee of Civil Affairs. Sometimes this
message is delivered with some kind of paraphrase of the background for the decision.
161
2.9 Frequency of entry permits granted
2.9.1 Frequency of entry for Gaza Strip residents through Rafah Border Crossing
Regarding the rate of entering the Gaza Strip via Rafah Border Crossing,
an international agency
did not
have accurate data. However, in their estimate more than 97 percent are allowed to enter. In principle,
whoever is able to reach the Egyptian side of the Rafah Border Crossing will be allowed to enter the Gaza
157
158
An international humanitarian organisation: 48-49
A humanitarian organisation: 216
159
Gisha: 145
160
Gisha: 146
161
Gisha: 153
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Strip. The source believes that the rejections upon entry are strictly in relation to Palestinians living abroad
but considered terrorist by the Israeli authorities and then banned in cooperation with Egypt.
162
Gisha
receives data on the number of people crossing the Rafah Border Crossing from UNOCHA who
receives it from the
Palestinian Ministry of Interior
in the Gaza Strip. A graph of the number of arrivals from
and departures to Egypt is available on
Gisha’s
website.
163
Gisha
is not aware of cases where local
Palestinian officials denied access to residents of the Gaza Strip returning from abroad.
164
2.9.2 Frequency for entry for Gaza Strip residents through the Erez Crossing via
Allenby/King Hussein Bridge.
A Gaza Strip resident seeking to travel abroad through the Allenby/King Hussein Bridge has to apply for a
non-objection letter from the Jordanian authorities. This takes at least two weeks to process. The
frequency of approval varies. Sometimes the system operates quickly. Sometimes it takes months to get
the non-objection letter. By the time of the meeting between
Gisha
and the Danish Immigration Service,
the processing time was about two weeks. According to
Gisha,
the official time frame was ten days to two
weeks.
165
Gisha
commented that information about processing of entry applications from Palestinians, who need a
special permit to enter, is not very good or transparent. The only area where good data is accessible is
‘medical requests’, information which is published by the World Health Organization on a monthly basis.
166
The general modus operandi of Israeli authorities when it comes to entry permits for Palestinians is to keep
the applications pending for so long that they may become irrelevant.
Gisha
notes that the Israeli
authorities explain the long case processing time by saying that they do not have the required resources. In
that respect,
Gisha
referred to the directive on processing times for permit applications which was
published in October 2017. It lengthened the processing times, which
Gisha
challenged; thus far
unsuccessfully.
167
An international Agency: 234
Gisha website,
Movement of People via Rafah Crossing,
url
Weekly updates on movement in and out of the Gaza Strip through the Erez Border Crossing are found on the website of the
Palestinian Authority, e.g. see:
(
2019
/
03
/
29
–
2019
/
03
/
24
) ةرﺗﻔﻟا لﻼﺧ ﺔﯾﺑوﻧﺟﻟا تﺎظﻓﺎﺣﻣﻟا ﻲﻓ ﺔﺋﯾﮭﻟا لﻣﻋ ﺔﯾﺋﺎﺻﺣا
[English:
Statistics of the
Committee’s work in the Southern Governorates during the period 24/03/2019 – 29/03/2019],
url
164
Gisha: 131
165
Gisha 142
166
Gisha: 152:
World Health Organisation (WHO),
Health Access, Barriers for patients in the occupied Palestinian territory
MONTHLY REPORT, February 2019,
url
167
Gisha: 152: Gisha,
High Court refuses to conduct a principled discussion on a draconian directive stipulating unreasonable
processing times for permit applications submitted by Gaza residents,
January 30, 2019,
url
163
162
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3. RESIDENCY
3.1
Residency of Palestinians in the West Bank and the Gaza Strip
3.1.1 Distinction between Palestinians who left before or after the Oslo Accords
The residency of the Palestinians from the West Bank and the Gaza Strip became permanent after the
signing of the Oslo Accords in 1994.
168
Registered Palestinians from the West Bank and the Gaza Strip who
left before 1994 and did not return within a certain period of time were deleted from the population
registry.
169
The sources had different views on when a registered Palestinian who left before the Oslo Accords would
be deleted from the Palestinian population registry. According to
Al Haq
and
a humanitarian organisation,
Palestinians who went abroad before the Oslo Accords and did not return within seven years, were deleted
from the population registry.
170
The Palestinian Ombudsman
noted that it was more than five consecutive
years, while
the Palestinian Ministry of Interior
stated that it is more than three years.
171
It is part of the Oslo Accords that Palestinians with residency in the West Bank and the Gaza Strip, who
went abroad after signing of the accords, will not have their residence permits revoked.
172
Registered Palestinians in the West Bank and the Gaza Strip have permanent residency.
173
Returning after
years abroad and residing is possible, if the person concerned has a valid Palestinian ID and is not banned
for security reasons.
174
A prior application from registered Palestinians when returning to the West Bank or the Gaza Strip after
years abroad is not required.
175
A Palestinian ID number is equal to a residence permit. However, some of the Palestinians, who left before
the Oslo Accords, have an ID number but no residence permit.
176
There is a grey zone between 1993 and
1995, when it comes to Palestinians who left and stayed abroad. West Bank and Gaza Strip residents, who
left during these years, will have to ask the Israeli authorities, if they still have a valid ID, i.e. residence
permit.
177
Al Haq: 59; A humanitarian organisation: 203
Al Haq: 66; Mr. Malik Taha, General Manager of the Palestinian Population Registry :169; Mr. Ammar Dwaik, Independent
Commission for Human Rights (ICHR – Ombudsman): 188; A humanitarian organisation: 203
170
Al Haq: 65; A humanitarian organisation: 193
171
Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 188; Ministry of Interior: 252
172
Al Haq: 66; Mr. Malik Taha, General Manager of the Palestinian Population Registry: 169
173
Al Haq: 59; A humanitarian organisation: 203
174
Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 185, 189, 191
175
Mr. Malik Taha, General Manager of the Palestinian Population Registry: 169; Mr. Ammar Dwaik, Independent Commission for
Human Rights (ICHR – Ombudsman): 185
176
Al Haq: 68
177
Al Haq: 67
169
168
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Palestinians who have had their residence permit to the West Bank or the Gaza Strip revoked, cannot
restore it. According to the
Palestinian Ombudsman
these individuals cannot return to the Gaza Strip and
the West bank, unless they are granted a passport from another country.
178
Family reunification is the way in which Palestinians, who have lost their residence permits in the West
Bank and the Gaza Strip, can get a residence permit to these areas.
179
3.2
Residency of Palestinians in East Jerusalem
Palestinians in East Jerusalem are registered as permanent residents.
180
However, even though they are
considered permanent residents by Israeli authorities, in reality they are not permanent.
181
An international organisation
and
Al Haq
said that Palestinians living in East Jerusalem have to renew their
residence permit continuously in order not to lose it.
182
HaMoked
stated that permanent residents of
Israel, including Palestinians in East Jerusalem, are not required to renew their residency; however the
residency of Palestinians in East Jerusalem is easier to revoke than Israeli citizenship.
183
In principle, Palestinians from East Jerusalem are allowed to live in East Jerusalem and the rest of Israel;
however in practice they must live in East Jerusalem in order to maintain their residence permit.
184
Palestinians registered in East Jerusalem are not allowed to live in the West Bank or in the Gaza Strip.
185
3.2.1 The blue ID card
Since 1967 Palestinians in East Jerusalem have held a blue Israeli ID
186
that grants legal residency
187
and
access to Israeli social security and pension.
188
The blue ID card is a residence permit, issued for people from the age of 16, which grants the holder access
to live in East Jerusalem and the rest of Israel. In order to get a blue ID, a person has to be registered by the
Israeli authorities as residing in East Jerusalem before s/he turns 16, and s/he must prove his/her residency
in Jerusalem.
189
3.2.1.1 Renewal of the blue ID card
Applications for renewal of ID cards have to be submitted to the Israeli Ministry of Interior.
190
178
179
Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 188
Al Haq: 72, 75, 76; Gisha: 154; Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 191
180
HaMoked: 99
181
OCHA: 18
182
An international organisation: 54; Al Haq: 59
183
HaMoked: 101
184
OCHA: 19
185
OCHA: 19
186
HaMoked: 100
187
OCHA: 18; A Western diplomatic representation: 35; HaMoked: 100
188
A Western diplomatic representation: 35
189
OCHA: 18
190
An international organisation: 54
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The sources differed with regard to how often the ID cards have to be renewed. According to
Al Haq
and
a
humanitarian organisation,
the East Jerusalem ID card has to be renewed every ten years.
191
However,
OCHA
said that the requirements in terms of renewal of the blue ID card are not clear. According to OCHA,
sometimes ID cards have to be renewed on a regular basis, but not always. OCHA informed that at a
previous point in time, the ID could not be more than ten years old.
192
Al Haq
noted that
s
ometimes the Israeli authorities change the features of the East Jerusalem ID for
Palestinians, and then renewal of the document is required. According to
Al Haq,
holders are not always
notified about this and are therefore taken aback when they approach a border crossing and discover that
their ID is not valid anymore.
193
Recently, Israeli authorities started issuing biometric blue ID cards.
194
According to OCHA though, not
everyone that applied were given biometric IDs
.
195
3.2.2 Registration of children of East Jerusalem Palestinians born abroad
In order for a child born abroad to obtain residency in East Jerusalem, the parents have to return with the
child and stay in the city to prove that they have their ‘centre of life’ in East Jerusalem.
196
Registration has
to take place inside East Jerusalem at the Israeli Ministry of Interior.
197
For further reading on ‘centre of
life’, see chapter 3.2.3.
According to
a humanitarian organisation,
it becomes problematic for a child of Palestinian East Jerusalem
residents born abroad to register when s/he is above the age of 12; until the age of 14 it becomes almost
impossible.
198
According to OCHA, the registration of the child should happen as soon as the child is born or
else the process can drag on and may require legal intervention and follow-up.
199
According to
Al Haq
and
HaMoked,
the current age limit for registration of children of East Jerusalem
Palestinians born abroad is 18 years.
200
However,
Lawyer Lea Tsemel
said that the official age limit is 14.
201
According to
Lawyer Lea Tsemel,
a Palestinian child of East Jerusalem Palestinian parents who is born
abroad and who is between the age of 14 and 18 may be able to obtain residence permit. This is not
stipulated in any law; it is a decision by the Ministry of Interior, and the grating of residence permit in this
case requires: a genuine intention to live in East Jerusalem and the absence of security preventions or other
obstacles.
202
Ministry of Interior, Population and Immigration Authority, apply for an ID,
(Arabic
language),
url
Ministry of Interior, Population and Immigration Authority, apply for an ID, (English language),
url
191
Al Haq: 59 ; a humanitarian organisation: 199
192
OCHA: 18
193
Al Haq: 63
194
OCHA: 18; A humanitarian organisation: 199
195
OCHA: 18
196
A humanitarian organisation: 219; OCHA: 30 - 31
197
OCHA: 31
198
A humanitarian organisation: 219
199
OCHA: 30 - 31
200
HaMoked: 116, Al Haq: 78
201
Lawyer Lea Tsemel: 11
202
Lawyer Lea Tsemel: 12; UN Human Rights Council, Written statement* submitted by the BADIL Resource center for Palestinian
Residency and Refugee rights, a nongovernmental organization in special consultative status, page 2,
url
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3.2.3 Centre of life-rule and risk of revocation of residency in East Jerusalem
According to
a humanitarian organisation
Israel considers Palestinians as foreigners, not citizens, and Israeli
authorities can potentially revoke residency from Palestinian residents of East Jerusalem for any reason;
e.g. for not showing allegiance to the State of Israel.
203
In order not to have their residency revoked, Palestinians in East Jerusalem continuously have to maintain
what Israeli authorities denominates as ‘centre of life’ in East Jerusalem.
204
Palestinians can prove their ties
to East Jerusalem e.g. by paying municipal tax, paying utility bills and sending their children to school in East
Jerusalem.
205
Israeli authorities may also base their assessment of ‘centre of life’ on house visits where they
check things like the bin in the bathroom and the refrigerator in the kitchen in order to make sure that the
resident actually lives in the house.
206
If Palestinians from East Jerusalem go abroad and stay for a period exceeding a certain time limit, generally
understood to be seven years, they risk losing their East Jerusalem ID.
207
However,
an international
humanitarian organisation
noted that, Palestinians from East Jerusalem, who leave the country for a period
exceeding three years, risk the revocation of their residence permit in East Jerusalem.
208
Al Haq
specified
that those who leave the city need to get an exit permit valid for three years, which has to be renewed
within the three years otherwise they lose their residence permit.
209
A humanitarian organisation
pointed
to a risk of revocation of the residence permit in East Jerusalem for Palestinian residents who leave and
stay abroad for a period of one to three years.
210
Palestinians in East Jerusalem cannot travel abroad with an unlimited travel document; they have to apply
for a temporary Israeli travel document, which is only valid for two years.
211
In case a Palestinian from East Jerusalem has been granted foreign nationality, s/he risks the revocation of
her/his residence permit.
212
A humanitarian organisation
added that if a person has acquired or applied for
an foreign citizenship or permanent residency abroad, the Israeli authorities will revoke his/her residence
permit in East Jerusalem.
213
According to HaMoked, in 2018, 13 Palestinians from East Jerusalem had their residency revoked; in 2017
the number was 35 cases. Previously it was thousands.
214
According to OCHA, about 150,000 Palestinians
from East Jerusalem have lost their blue ID since the year 2000.
215
humanitarian organisation: 198, 201
OCHA: 25; An international organisation: 53; Al Haq: 60; A humanitarian organisation: 195
205
OCHA: 25; HaMoked: 104
206
Al Haq: 61
207
OCHA: 20; Al Haq: 59 – 62; HaMoked: 102
208
An international humanitarian organisation: 50
209
Al Haq: 59-62
210
A humanitarian organisation: 195
211
HaMoked: 100
212
OCHA: 21; Al Haq: 70
213
A humanitarian organisation: 200
214
HaMoked: 102
Hamoked further noted: Until 1988 the legal status of Palestinians with residency in East Jerusalem was unclear. In 1988 a
presidential judgement in the Israeli High Court of Justice clarified that they are permanent residents like any other permanent
resident in Israel; despite the fact that they were born in East Jerusalem, and they can therefore have their status revoked (similar
204
203
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A Palestinian who loses his/her residency in East Jerusalem is not given any other type of residency, and
hence is rendered stateless.
216
Some Palestinians find out that their residency in East Jerusalem has been revoked, when they approach
the Israeli authorities at the borders.
217
Others find out when they approach the Israeli authorities for
something bureaucratic; i.e. to apply for a renewal of their ID.
218
Some Palestinians are notified about
revocation of their residency in East Jerusalem when the Israeli Ministry of Interior tells them that their
public medical insurance is no longer valid.
219
People outside the country can check their residency status in East Jerusalem through legal representation
or family present in East Jerusalem.
220
3.2.4 Avenues for complaint with regard to revocation of residency
It is possible to appeal the revocation of a residence permit in East Jerusalem through the Israeli appeal
tribunal. If the revocation is upheld, the plaintiff can file an administrative petition to the district court. In a
limited number of cases the revocation is reversed.
221
The court processing time in these kinds of cases is time-consuming.
222
In addition, an appeal is
expensive.
223
3.2.5 Reinstatement of revoked residency in East Jerusalem
A Palestinian from East Jerusalem who has once had permanent residency in East Jerusalem can in
principle, have his/her residency reinstated. If s/he returns to East Jerusalem with his/her children aged less
than 18 years, the children are also entitled to residency. Beyond that age, they are not entitled. To get the
residency of an individual reinstated, the person in question has to prove his/her ’centre of life’ for two
years is in East Jerusalem.
224
An application for recovery of residency in East Jerusalem has to be handed at the Population and
Immigration Authority
225
under the Israeli Ministry of Interior in Wadi Joz. Once a person has submitted the
request, s/he will get a temporary stay permit to work in Israel and access social services. Foreign family of
to a foreign national, who immigrated to Israel). This led to a new modus operandi where the Israeli Ministry of Interior started
revoking residency for people, who stayed outside the East Jerusalem area for more than seven years; abroad, in the West Bank or
in the Gaza Strip. This modus operandi was known as ‘the silent transfer’. According to HaMoked, the situation is better today.
215
OCHA: 20
216
humanitarian organisation: 195
217
A humanitarian organisation: 197, OCHA: 22; Al Haq: 69
218
Al Haq: 69; HaMoked: 106
219
OCHA: 22
220
Al Haq: 69
221
A humanitarian organisation: 198
222
OCHA: 23; Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 186
223
OCHA: 23
224
HaMoked: 104 - 107
225
Government services from Population and Immigration Authority can be found on the website gov.il,
url
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the person in question is not included in this stay permit. Foreign family can only stay on a tourist visa, and
the children will not have access to public schools.
226
Differing from this, Al Haq noted that the only avenue to restore residency in East Jerusalem for someone
who has lost it, is family reunification. This is a long and complicated process.
227
3.3
Family reunification
Family reunification in the West Bank, the Gaza Strip and East Jerusalem has to be approved by the Israeli
authorities.
228
Several sources noted that it is a time consuming, complicated and expensive process and in
addition dependent on the political situation.
229
According to several sources, broadly speaking, family
reunification for Palestinians was suspended in 2003.
230
In 2003, Israel passed a law which essentially froze family reunification between the West Bank and East
Jerusalem. The law is called the
Citizenship and Entry into Israel Law.
231
It is classified as a temporary order
that has to be renewed once a year, but it has been renewed every year since 2003.
232
In the first days of the temporary law, people who had not yet entered a family reunification process had
no avenue to enter an application for family reunification. Now, it is possible to get temporary stay permits
in East Jerusalem indefinitely. This type of family reunification is by definition an endless process. Some
families have been in the process for more than 15 years, sometimes having been married for 30.
233
For socioeconomically advantaged people with a good network, there might be an avenue to get family
reunification. Yet, the process is time-consuming and over an extended period of time, family reunification
will only be granted for tens of people, who hired a lawyer; not thousands.
234
Palestinians with no ID number and no foreign nationality (stateless) are seen as foreigners by the Israeli
authorities when it comes to family reunification.
235
3.3.1 Stay permit in the West Bank and the Gaza Strip
3.3.1.1 West Bank residents
The sources differed on the possible obtainable permits and granted amount of time to stay in the West
Bank for foreign spouses to Palestinians:
It is not possible for a foreign spouse to a West Bank resident to obtain permanent residency in the West
Bank.
236
HaMoked
explained that a foreign spouse can obtain a two year stay permit. However, on this type
226
227
HaMoked: 105
Al Haq: 75
228
Gisha: 154; Ministry of Interior: 213
229
Al Haq: 75; Ombudsman: 191; Lea: 13; A humanitarian organisation: 194
230
OCHA: 27; Al Haq: 76; Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 191; HaMoked:
122; Mr. Malik Taha, General Manager of the Palestinian Population Registry: 172
231
Citizenship and Entry into Israel Law
(English version), the Knesset’s website:
url
232
The Knesset,
Citizenship and Entry into Israel Law
(English version), point 5,
url
233
HaMoked: 114 - 115
234
Al Haq: 76
235
HaMoked: 124
236
HaMoked: 121; A humanitarian organisation: 212
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of stay permit, the spouse is not allowed to work. In addition, the stay permits are not multiple entry
permits. It means that if the foreign spouse travels abroad, s/he will not be entitled to return.
237
According
to
a humanitarian organisation,
foreign spouses can enter on visas issued by Israeli authorities. However,
the length of a visa issued by Israeli authorities for a foreign spouse of a Palestinian is unpredictable.
238
According to
Lawyer Lea Tsemel,
there is a general policy, but no clear rules, for bringing foreign spouses,
including Palestinians with no ID number to the West Bank: A spouse can come on a short visit of three
months, and s/he is not allowed to work. It is a requirement to pay a deposit of 30,000 to 80,000 shekels
for the visa; the amount will be returned upon exit.
239
3.3.1.2 Gaza Strip residents
According to
Gisha,
Israel does not issue permits for stay in the Gaza Strip; it only controls who enters and
exits.
240
According to
a humanitarian organisation,
there is no way of getting family reunification for foreign
spouses married to Palestinians. Foreign spouses can enter on visas issued by Israeli authorities. The length
is unpredictable.
241
3.3.1.3 Children born abroad to parents registered in the West Bank or the Gaza Strip
If an unregistered child, of registered parents, is older than 16 and wants to reside in the West Bank and
the Gaza Strip, the child has to apply for family reunification.
242
According to
a humanitarian organisation,
it is not possible to apply by proxy. Thus, children born abroad
have to enter the West Bank in order to apply.
243
As mentioned earlier, family reunification has been frozen since 2003.
244
3.3.2 Stay permit in East Jerusalem
3.3.2.1 Children born abroad to parents registered in East Jerusalem
According to
a humanitarian organisation,
family reunification with descendants is only possible for first of
kin, and it is not possible to apply by proxy. Thus, children born abroad have to enter East Jerusalem in
order to apply.
245
Al Haq
said that a person has to be present in the West Bank or East Jerusalem to apply
for family reunification; however, on the other hand, the application could also be done by proxy, who
could be any family member. According to
Al Haq,
Palestinians from East Jerusalem submit their
applications to the Israeli authorities.
246
HaMoked: 121
A humanitarian organisation: 212
239
Lea Tsemel: 7
240
Gisha: 154
241
A humanitarian organisation: 212
242
Al Haq: 79; A humanitarian organisation: 217; Mr. Malik Taha, General Manager of the Mr. Malik Taha, General Manager of the
Palestinian Population Registry : 165; Gisha: 161
243
A humanitarian organisation: 217
244
OCHA: 27; Al Haq: 76; Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 191; HaMoked:
122; Mr. Malik Taha, General Manager of the Palestinian Population Registry: 172
245
A humanitarian organisation: 217
246
Al Haq: 77
238
237
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As mentioned earlier, family reunification has been frozen since 2003.
247
3.3.2.2 Foreign spouses of East Jerusalem residents
A humanitarian organisation
noted that there is no way of getting family reunification for foreign spouses
married to Palestinians. Foreign spouses can enter on visas issued by Israeli authorities and the length of a
visa issued by Israeli authorities for a foreign spouse of a Palestinian is unpredictable.
248
According to
Lawyer Lea Tsemel,
generally there is a policy to make it difficult for Palestinians, who reside
in East Jerusalem, to obtain family reunification with a foreigner; including Palestinians without an ID
number in the Palestinian population registry. Recently there was a change in the regulations that made it
possible to gain a short temporary permission to stay in East Jerusalem on certain conditions; no
permanent permission is given.
249
3.3.2.3 Family reunification from the West Bank and the Gaza Strip to East Jerusalem and vice versa
According to
Lawyer Lea Tsemel
and
HaMoked,
Palestinians from the Gaza Strip cannot apply for family
reunification to East Jerusalem.
250
According to OCHA, mixed couples, i.e. one spouse from East Jerusalem and the other from Gaza or the
West Bank cannot reside together in East Jerusalem if they do not get their family reunification application
approved. These couples can live in pockets of no man’s land; areas of East Jerusalem lying behind the
separation barrier.
251
3.3.3 Frequency of family reunification granted
3.3.3.1 The West Bank and the Gaza Strip
With regards to the frequency of residence permits granted, the
Palestinian Ministry of Interior
mentioned
that some permits for family reunification were given in 2008. From 2009 and until today, there has not
been any approval of family reunification by the Israeli authorities. The question about family reunification
is not a part of the Oslo Accords; however, based on understandings between the Palestinian and the Israeli
side, the Israeli authorities will approve 2000 applications annually.
252
According to
HaMoked,
essentially, Israel stopped reviewing requests for family unification from West Bank
residents 20 years ago. However, as a part of political agreements with the Palestinian authorities made in
2007, Israeli authorities reviewed 50,000 cases and granted family reunification to 32,000.
253
The Palestinian
Ombudsman
stated that very few cases have been approved by the Israeli authorities, in
which the applicants paid money or were connected with Israeli authorities or lawyers. There have been no
mass approvals since 2003.
254
247
OCHA: 27; Al Haq: 76; Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 191; HaMoked:
122; Mr. Malik Taha, General Manager of the Palestinian Population Registry: 172
248
A humanitarian organisation: 212
249
Lawyer Lea Tsemel: 3
250
Lawyer Lea Tsemel: 8; HaMoked: 115
251
OCHA: 29
252
Ministry of Interior: 254
253
HaMoked: 122
254
Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 191
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Al Haq
noted that during the past years, the Israeli authorities have not accepted any applications from the
West Bank. Currently 100,000s of applications are waiting for processing.
255
Gisha
explained that since Israel froze the family reunification process, it has issued random ’gestures’ for
quotas. Due to quotas no one from abroad is currently added to the Palestinian population registry.
Gisha
is
not aware of the annual quota.
256
3.3.3.2 East Jerusalem
HaMoked
underlined that currently, only temporary stay permits in East Jerusalem are granted; however
indefinitely. The temporary stay permit is granted by the Israeli military. The holders only have limited
access to health insurance, meaning that health insurance is much more expensive for these people.
Moreover, temporary stay permit holders are not entitled to other social benefits, and they are not allowed
to drive in East Jerusalem.
257
3.3.4 Avenues of complaint with regard to refusal of family reunification
3.3.4.1 The West Bank and the Gaza Strip
According to
a humanitarian organisation,
the Palestinian authorities are able to grant family reunification
or residence permits for foreign spouses of Palestinians. However, Israel can veto for security reasons.
Israel has used this veto power systematically. According to
a humanitarian organisation
the modus
operandi of the Israelis is to never decide the cases. Consequently, it is not possible to make an appeal.
258
The Palestinian Ombudsman
explained that complaints on permits or family reunification can be addressed
through the Palestinian Civil Affairs or by hiring an Israeli lawyer or contacting an Israeli NGO. If a
Palestinian complains about the Palestinian Civil Affairs not processing his/her case, the ombudsman can
raise the question to the Civil Affairs; however, if the Civil Affairs are not processing applications due to the
Israeli authorities, the ombudsman cannot help.
259
3.3.4.2 East Jerusalem
A complaint about a refusal of family reunification from the Israeli Ministry of Interior could be filed to the
local committee of appeal (first instance).
260
Judges in this instance are nominated and paid by the Ministry
of Interior. The result of an appeal is in most cases that the plaintiff is asked to repeat the procedure from
the beginning.
261
If a complaint is then rejected at the first instance, the plaintiff can file a complaint to the
district court (second instance). As a general rule, cases like this do not reach the Israeli high court.
262
According to
Lawyer Lea Tsemel,
only a fundamental mistake or change of policy made by the district court
opens an avenue for the complaint to be filed to the Supreme Court of Justice.
263
255
256
Al Haq: 77
Gisha: 154, 161
257
HaMoked: 113
258
A humanitarian organisation: 213
259
Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman): 172
260
Lawyer Lea Tsemel: 13; HaMoked: 119
261
Lawyer Lea Tsemel: 13
262
Lawyer Lea Tsemel: 14; HaMoked: 119
263
Lawyer Lea Tsemel: 14
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Consulted sources
Oral sources
Lawyer, Lea Tsemel
OCHA (United Nation’s Office for Coordination of Humanitarian Affairs)
A Western diplomatic representation
An international humanitarian organisation
An international organisation
Al Haq
HaMoked
Gisha
Mr. Malik Taha, General Manager of the Palestinian Population Registry
Mr. Ammar Dwaik, Independent Commission for Human Rights (ICHR – Ombudsman)
A humanitarian organisation
An international agency
Mr. Mohammed Mansour, the Undersecretary of the Interior Ministry; Mr. Mahmoud Salahaldin, Brigadier
General Doctor, International Relations, Ministry of the Interior; Nasser Al-Sharebarti, Civil Status
Directorate
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Written sources
PUBLICATIONS
Al Haq,
Engineering Community: Family Unification, Entry Restrictions and other Israeli Policies of
Fragmenting Palestinians,
February 2019, page 4,
http://www.alhaq.org/publications/Engineering%20Community%20Family%20Unification,%20Entry%20Re
strictions%20and%20other%20Israeli%20Policies%20of%20Fragmenting%20Palestinians.pdf
The Applied Research Institute-Jerusalem (ARIJ),
The Israeli Permit Regime: Realities and Challenges,
2018,
https://www.arij.org/files/arijadmin/2018/permits1.pdf
CRS – Congressional Research Service:
The Palestinians: Background and U.S. Relations,
21 November 2018,
https://fas.org/sgp/crs/mideast/RL34074.pdf
Encyclopædia Britannica,
Palestinian Authority,
updated 29 March 2019,
https://www.britannica.com/topic/Palestinian-Authority
Freedom House, Freedom in the World 2019,
West Bank,
https://freedomhouse.org/report/freedom-
world/2019/west-bank
Israel Ministry of Foreign Affairs,
The Israeli-Palestinian Interim Agreement-Main Point,
28 September 1994,
https://mfa.gov.il/MFA/ForeignPolicy/Peace/Guide/Pages/The%20Israeli-
Palestinian%20Interim%20Agreement%20-%20Main%20P.aspx
HRC – UN Human Rights Council (formerly UN Commission on Human Rights): Human rights situation in
Palestine and other occupied Arab territories,
Report of the detailed findings of the independent
international Commission of inquiry on the protests in the Occupied Palestinian Territory,
18 March 2019,
https://www.ecoi.net/en/file/local/2005716/a_hrc_40_crp.2_E.pdf
Human Rights Watch,
"Forget About Him, He's Not Here" Israel's Control of Palestinian Residency in the
West Bank and Gaza,
5 February 2012,
https://www.refworld.org/docid/4f3374972.html
LANDINFO,
Temanotat, Palestina: Passering av grenseovergangene Rafah og Erez til og fra Gazastripen,
9.
MAI 2017,
https://landinfo.no/wp-content/uploads/2018/04/Temanotat-Palestina-Passering-av-
grenseovergangene-Rafah-og-Erez-til-og-fra-Gazastripen-09052017.pdf
Migrationsverket, Lifos. Center för landinformation och landanalys inom migrationsområdet, Lifosrapport:
Palestinier i Mellanöstern - uppehållsrätt och dokument
(version 1.0), 31. oktober 2018,
https://lifos.migrationsverket.se/dokument?documentSummaryId=42216
Mission of Palestine,
Palestinian Government,
http://palestine.dk/palestine/government/
United Nation Office for The Coordination of Humanitarian Affairs,
Gaza Blockade,
https://www.ochaopt.org/theme/gaza-blockade
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UN High Commissioner for Refugees (UNHCR),
Country of Origin Information on the Situation in the Gaza
Strip, Including on Restrictions on Exit and Return,
23 February 2018,
https://www.refworld.org/docid/5a9908ed4.html%20%5baccessed%209%20April%202019%5d
UN Human Rights Council, Written statement* submitted by the BADIL Resource center for Palestinian
Residency and Refugee rights, a nongovernmental organization in special consultative status,
http://www.badil.org/phocadownloadpap/legal-advocacy/un-human-rights-
council/2014/Written%20statement%20submitted%20by%20the%20BADIL%20Resource%20center%20for
%20Palestinian%20Residency%20and%20Refugee%20rights-
%20End%20Israels%20policy%20of%20discriminatory%20child%20registration%20in%20Jerusalem.pdf
USDOS – US Department of State:
Country Report on Human Rights Practices 2018 - Israel, Golan Heights,
West Bank, and Gaza - West Bank and Gaza,
13 March 2019,
https://www.ecoi.net/en/document/2004311.html
World Health Organisation (WHO),
Health Access, Barriers for patients in the occupied Palestinian territory
MONTHLY REPORT, February 2019,
http://www.emro.who.int/images/stories/palestine/documents/Feb2019-Monthly_report.pdf?ua=1
LEGISLATION
Citizenship and Entry into Israel Law
(English version), Knesset,
https://www.knesset.gov.il/laws/special/eng/citizenship_law.htm
“Oslo Accords”, UNITED NATIONS, General Assembly, Security Council, Distr. GENERAL, A/48/486, S/26560,
11 October 1993, ORIGINAL: ENGLISH,
https://peacemaker.un.org/sites/peacemaker.un.org/files/IL%20PS_930913_DeclarationPrinciplesnterimSe
lf-Government%28Oslo%20Accords%29.pdf
The Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip (Oslo II), Annex III: Protocol
Concerning Civil Affairs, Appendix I, Powers and Responsibilities for Civil Affairs, Article 28 – Population
Registry and documentation, 28 September 1995,
https://mfa.gov.il/MFA/ForeignPolicy/Peace/Guide/Pages/THE%20ISRAELI-
PALESTINIAN%20INTERIM%20AGREEMENT%20-%20Annex%20III.aspx#app-28
PROCEDURES
Unclassified Status of Authorizations for the Entry of Palestinians into Israel, their Passage between Judea
and Samaria and the Gaza Strip and their Travel Abroad - Coordination of Government Activities in the
Territories, Operations and Coordination Department Updated as of September 18, 2017,
https://www.gisha.org/UserFiles/File/LegalDocuments/procedures/general/50en.pdf
Document in Hebrew in which more details are found:
https://www.gisha.org/UserFiles/File/LegalDocuments/procedures/entering_and_exiting_gaza/100.pdf
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WEBSITES
B’Tselem, Residents without Status, The Gaza Strip, 21 July 2013,
https://www.btselem.org/gaza_strip/stateless
B’TSelem,
Restrictions on movement,
11 November 2017,
https://www.btselem.org/freedom_of_movement
COGAT: contact information to seek information about residence status,
http://www.cogat.mod.gov.il/he/services/Procedure/%D7%A0%D7%95%D7%94%D7%9C%20%D7%98%D7
%99%D7%A4%D7%95%D7%9C%20%D7%91%D7%91%D7%A7%D7%A9%D7%95%D7%AA%20%D7%9C%D7%
91%D7%99%D7%A8%D7%95%D7%A8%20%D7%A1%D7%98%D7%90%D7%98%D7%95%D7%A1%20%D7%A
A%D7%95%D7%A9%D7%91.pdf#search=%D7%A0%D7%95%D7%94%D7%9C%20%D7%98%D7%99%D7%A4
%D7%95%D7%9C%20%D7%91%D7%91%D7%A7%D7%A9%D7%95%D7%AA%20%D7%9C%D7%91%D7%99%
D7%A8%D7%95%D7%A8%20%D7%A1%D7%98%D7%90%D7%98%D7%95%D7%A1%20%D7%AA%D7%95%D
7%A9%D7%91
Gisha website,
Procedure of Palestinian residents’ passage at the border crossings,
https://www.gisha.org/UserFiles/File/LegalDocuments/procedures/movement_between_israel_and_the_
west_bank/48en.pdf
For further information on the entry procedure, Gisha referred to this document from the Israeli authorities
(Hebrew),
https://www.gisha.org/UserFiles/File/LegalDocuments/procedures/allenby_bridge/29.pdf
Gisha,
High Court refuses to conduct a principled discussion on a draconian directive stipulating
unreasonable processing times for permit applications submitted by Gaza residents,
January 30, 2019,
https://gisha.org/updates/9733
Palestinian Authority, e.g. see:
(
2019
/
03
/
29
–
2019
/
03
/
24
) ةرﺗﻔﻟا لﻼﺧ ﺔﯾﺑوﻧﺟﻟا تﺎظﻓﺎﺣﻣﻟا ﻲﻓ ﺔﺋﯾﮭﻟا لﻣﻋ ﺔﯾﺋﺎﺻﺣا
[English:
Statistics of the Committee’s work in the Southern Governorates during the period 24/03/2019 –
29/03/2019],
http://gaca.gov.ps/NewsDetails.aspx?Id=11342
Palestinian Authority, Authority for Borders and Crossings,
https://palsafar.ps/
De facto regime, Hamas’ Ministry of Interior Office in Gaza,
https://moi.gov.ps/Home
MAPS
United Nations Office for the Coordination of Humanitarian Affairs (OCHA),
Gaza Strip, Access and
Movement, December 2018,
https://www.ochaopt.org/sites/default/files/gaza_closure_3_0.pdf
United Nations Office for the Coordination of Humanitarian Affairs (OCHA),
West Bank, Access Restrictions,
July 2018,
https://www.ochaopt.org/content/west-bank-access-restrictions-july-2018
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Appendix 1: Meeting minutes
Meeting with Lawyer, Lea Tsemel, 2 April 2019
Lea Tsemel is a defence lawyer based in Jerusalem with 50 years’ experience in the Israeli court system.
During these years, she filed a large number of administrative cases on entry and family unification to East
Jerusalem and the West Bank on behalf of Palestinian clients. Lea Tsemel is also experienced in cases
related to deportation, house demolitions as well as penal cases and terror related cases for Palestinian and
Israeli clients.
1.
The Israeli authorities control the registration of the population. In accordance with the Oslo
Accords, no changes in the registry will take place, unless the Israeli authorities confirm it.
Change in procedure to gain citizenship
2.
Palestinians in the annexed territories, East Jerusalem and the Golan Heights, do not have Israeli
citizenship; they have residency status. For two decades, there was a will to turn Palestinians into Israeli
citizens. During this period it was easy for Palestinians to become Israeli citizens, if they met some
requirements. However, at that time not many Palestinians applied for citizenship, because there was a
negative attitude among Palestinians towards someone, who changed his or her identity and became an
Israeli citizen. Once the Palestinians in those territories realised that citizenship could be an advantage, the
Israelis made it very difficult to acquire citizenship. Currently, the procedures for gaining Israeli citizenship
are intentionally difficult lengthy and slow.
Family unification, East Jerusalem and the Golan Heights
3.
Generally, there is a policy to make it difficult for Palestinians, who reside in East Jerusalem and the
Golan Heights, to be family unification with a foreigner, including Palestinians without an ID number in the
Palestinian Population Registry. There are all kinds of difficulties and laws. Recently, there was a change in
the regulations that made it possible to gain a very temporary status of a permission to stay. At the most, a
very temporary identification card is granted to stay in East Jerusalem and the Golan Heights at certain
conditions; no permanent permission is given.
4.
There is a requirement to have a certain age when applying for a family reunification: a Palestinian
woman must be 25 years of age; a Palestinian man can apply at the age of 35 years. The purpose of this
requirement is to deter mixed marriages between Palestinians living in East Jerusalem with Palestinians
living on the West Bank.
Family unification, the West Bank and the Gaza Strip
5.
In the occupied territories, the West Bank and the Gaza Strip, there is a clear tendency to prevent
mixed marriages between local Palestinians and foreigners, including Palestinian with no ID number in the
Palestinian population registry for political reasons and security reasons. An application for family
unification to the West Bank must be submitted by the local applicant to the Palestinian Ministry of
Interior. The ministry receives these demands and freezes them in their offices until the Israeli Ministry of
the Interior accept the applications.
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6.
The Palestinian ministry does not push the cases to the Israeli ministry and the result is that
thousands of cases are stuck in the Palestinian Ministry of the Interior due to a lack of resources and
corruption. Lea Tsemel tried to tempt a few Palestinian lawyers to go to the Palestinian Supreme Court to
demand the Palestinian authorities to confirm that all these requests were submitted to them and to pass
them on to the Israeli authorities whether the Israeli authorities accept them or not. Lea Tsemel source was
unaware of the reason why this matter was not taken to the Palestinian Supreme Court.
7.
There is a general policy, but no clear rules, for bringing foreign spouses, including Palestinians with
no ID number to the West Bank: A spouse can come on a short visit of tree months, and s/he is not allowed
to work. It is a requirement to pay a deposit of 30,000 to 80,000 shekels for the visa; the amount will be
returned upon exit. Palestinians who have been granted foreign nationality are perceived as unwanted in
Israel.
8.
Palestinians from the Gaza Strip cannot apply for family unification with Palestinians from East
Jerusalem. The reason for that is that the Gaza Strip is seen as enemy territory, since it is controlled by
Hamas.
Refusal of family unification on grounds of terror accusations
9.
Another category of requirements imposed in order to make it more difficult for Palestinians to join
their spouses, is to give full information about their first kin relatives. This requirement applies regardless
whether a Palestinian from East Jerusalem marries a West Banker or a West Banker marries a Jordanian
Palestinian. The security services are allowed to refuse such unification if any of the relatives of the invited
person is considered to be involved in terror. For instance, in case a relative is a member of an illegal
organization, participated in activities by illegal organisations or served a sentence in prison, the request
will be refused. In addition, if a woman from Ramallah wants to marry a man from East Jerusalem and her
brothers are members of the Palestinian Government, the family unification will also be refused.
Registration of children, family unification
10.
Family unification for a child to East Jerusalem can be requested until the child is 14 years old.
11. For instance, if a child below the age of 14 years to a Palestinian woman, who is residing in East
Jerusalem, and a man from Jordan, s/he can be granted residency status in East Jerusalem. If the request
for registration takes place above the age 14 years, s/he will not be granted residency status.
12. A Palestinian child until the age of 18 years, who is at that time living in East Jerusalem, to parents
registered as Palestinians in East Jerusalem, and even if one of the parents is registered in the West Bank,
has a vague right to gain residency if s/he did not get registered until then. This vague right is not stipulated
in any law; it is a decision by the Ministry of Interior to enable some young people, who lived outside East
Jerusalem, and who are born to at least one Palestinian parent with residency in East Jerusalem to gain
residency in East Jerusalem. Hence, if such an 18 year old person, who came back to East Jerusalem, and if
s/he has a genuine intention to live in East Jerusalem and if there is no security prevention and if there are
no other obstacles, then they will get a residency.
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Avenues for complaints on administrative cases in the Israeli court system
13. There is a general policy to make it difficult, expensive and time consuming to apply for family
unification. Formerly, a complaint about a refusal of family unification from the Israeli Ministry of Interior
could be filed directly to the Supreme Court of Justice; currently, the procedure is to file the complaint to
the local committee of appeal (first instance). Judges in this instance are nominated and paid by the
Ministry of Interior. The result of such an appeal is in most cases that the plaintiff is asked to repeat the
procedure from the beginning.
14. If the case is also refused at the first instance, s/he can file a complaint to the district court (second
instance). There is no access to file complaints to the Supreme Court of Justice. The only exception is if
there is a fundamental mistake or change of policy made in the district court; then there is a possibility to
go the Supreme Court of Justice.
15.
The recognition rate on requests for family unification is unknown by Lea Tsemel.
16. Articles from the media on concrete cases of applications for entry and residency, including family
reunification, are mentioned on the website of the organisation
Right to Enter
264
.
Meeting with OCHA, Jerusalem, 1 April 2019
Residency for Palestinians in East Jerusalem
17. East Jerusalem is different from the Gaza Strip and the West Bank in the sense that it has been
annexed. Therefor it is under Israeli law,
265
whereas the Gaza Strip and the West Bank are under Israeli
military rule.
18. In East Jerusalem, a minority of the Palestinians have applied for citizenship, but the vast majority is
according to Israeli authorities considered permanent residents. However, in reality they are not
permanent. They have a blue ID card issued only for Palestinians. The blue ID card is a residence permit,
issued for people over the age of 16 years, which grants the holder access to live in East Jerusalem and the
rest of Israel. In order to get a blue ID, a person has to be registered by the Israeli authorities as residing in
East Jerusalem before s/he turns 16, and s/he must prove his/her residency in Jerusalem; for instance by
submitting his/her school record. The requirements in terms of renewal are not clear. Sometimes, ID cards
have to be renewed on a regular basis, but not always. At some point, one of the rules was that the ID
should not be more than ten years old. However, now biometric cards have become mandatory; although
still not everyone applied and got them.
19. In principle, Palestinians from East Jerusalem are allowed to live in East Jerusalem and the rest of
Israel. However, in practice they must live in East Jerusalem in order to maintain their residency permit.
They are not allowed to live in the Gaza Strip or in the rest of the West Bank. In addition, if they go abroad
264
265
Right to Enter (RTE),
In the News,
url
Apart from the juvenile justice system which is not applied to Palestinian children in East Jerusalem.
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or fail to prove that their centre of life is in East Jerusalem for a number of years, they are likely to risk
losing their residency status upon return because they are not Israeli citizens.
20. If Palestinians from East Jerusalem go abroad and exceed a certain time limit (generally understood
to be seven years according to Israeli law) technically they risk losing their East Jerusalem ID. About 150,000
Palestinians from East Jerusalem have lost their blue ID since the year 2000. If a person loses his/her ID, this
person is no longer considered a resident and would need either a visa on their foreign passport or a permit
from the Israeli authorities for those who hold West Bank IDs to gain access to East Jerusalem.
21. If the Israelis discover that a Palestinian from East Jerusalem got foreign citizenship, they can
suspend the blue ID card of this individual. Afterwards, the Palestinians in question might be able to come
back as a tourist for three months, but not reside in the country. Not everybody declares that they have
residency or citizenship abroad, but most people tend to travel on their Jordanian passport because it is
easier. For that reason, the Israelis find out about the citizenship when the individuals in question return
from abroad. OCHA does not have knowledge about the possibility to renew an East Jerusalem residence
permit, i.e. the blue ID card, from abroad. The Israeli travel document, i.e. laissez passer, held by East
Jerusalem Palestinians could be renewed from abroad. Usually, though, they get a one-entry visa printed
on their travel document and once they arrive, they have to go to the Israeli Ministry of Interior to properly
renew the document. The travel document can be renewed for a maximum of two years at a time.
22. Some Palestinians are notified about having lost their residence permit in East Jerusalem when the
Israeli ministry of interior tells them that their public medical insurance is no longer valid. Others find out
that their residence permit has been revoked when they enter Ben Gurion Airport or the Allenby/King
Hussein Bridge from abroad.
23. A revocation of a residence permit can be appealed at court. However, to appeal a person has to stay
in the country. Moreover, an appeal is expensive and time-consuming.
24. The Palestinian authority has a policy of not giving people, who have lost their East Jerusalem ID, a
West Bank ID. This policy has been applied so as not to encourage the Israeli authorities to revoke the
residency status of the Palestinian population in East Jerusalem.
25. Palestinians with East Jerusalem IDs who stay abroad, often come back in order to keep their status.
The rule is that in order to keep his/her East Jerusalem residency permit, the person in question must prove
that s/he resides in East Jerusalem. The terminology used by the Israelis is that a person’s centre of life has
to be in East Jerusalem. For an individual to continuously prove that s/he lives in East Jerusalem, the
individual in question has to pay municipal tax, pay utility bills and keep a record of them. Another way of
proving residency in East Jerusalem is to send children to school in East Jerusalem.
26. Revocation of Palestinians’ residency in East Jerusalem is a way of decreasing Palestinian presence in
the city. Israel explicitly refers to the Palestinian presence in East Jerusalem as a demographic threat. The
Israelis talk about restoring a demographic balance, including the East Jerusalem Municipality’s 2020 plan
where they speak about maintaining a ’balance‘ that ensures that there is always a demographic Jewish
majority in the city. This is done, not only through the restrictive residency regime but also through a
restrictive regime concerning building permits. Palestinians in East Jerusalem are considered permanent
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residents or resident aliens and thus treated like immigrants, even if they were born in the territory that
has been occupied and illegally annexed by Israel.
Family reunification
27. Broadly speaking, family reunification for Palestinians living in East Jerusalem, the West Bank and the
Gaza Strip was suspended in 2003. It was suspended for security reasons. However, there are some
humanitarian exceptions. Some of these cases get a one year permit which they can renew.
28. Previously, the family reunification system was less strict. It is only within the past 20 years that it has
become stricter. Since the first Intifada and particularly since the second intifada, the Israelis have
tightened their grip on the Palestinians. Nowadays family reunification is almost impossible.
29. Mixed couples, i.e. one spouse from East Jerusalem and the other from Gaza or the West Bank
cannot reside together in East Jerusalem if they do not get their family unification application approved.
These couples can live in pockets of no man’s land of East Jerusalem areas behind the barrier where the
spouse from Gaza or the West Bank can live without needing a military permit for family unification
purposes.
30. Whether a child of a Palestinian East Jerusalem resident holding a blue ID born outside the country
will be able to obtain a residence permit in East Jerusalem or not, depends on:
a. Whether the parent can maintain his/her status, and
b. that they can come back and prove that the child was only born abroad, and
c. that their ‘centre of life’ continues to be in Jerusalem.
31. The registration of the child should happen as soon as the child is born, thereby getting a number
which is recorded in the annex to the ID of the parent holding East Jerusalem ID. If this is delayed, the
process can drag on for long and may require legal intervention and follow-up. Registration has to take
place inside East Jerusalem at the Israeli Ministry of Interior.
Meeting with a Western diplomatic representation, 3 April 2019, Jerusalem
Entry to the Gaza Strip
32. For most Palestinians residing in the Gaza Strip it is impossible to exit the area, due to the Israeli
closure. The Gaza Strip is also particularly tricky to enter, due to the Israeli closure. If Palestinians living in
the Gaza Strip have exited through the Rafah Border Crossing, Israel may not allow them to re-enter
through the West Bank and the Erez Crossing Point.
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Entry to the West Bank
33. Other than the Allenby/King Hussein border crossing, there are two border crossing points between
Jordan and the West Bank. However, Palestinians living in the West Bank mainly use the Allenby/King
Hussein border crossing.
34. Many Palestinians living in the West Bank carry a Jordanian passport or a Jordanian Laissez-Passer
designated as the ‘1948 passport’. There are Palestinian residents in the West Bank, who hold Jordanian
citizenship.
Residency for Palestinians in East Jerusalem
35. Palestinian East Jerusalem residents carry a blue Israeli ID-card. This ID-card signifies legal residency
and grants access to Israeli social security and pension. The residence permit of Palestinians in East
Jerusalem can be revoked by the Israeli authorities, e.g. if they spend too many nights outside East
Jerusalem (in Ramallah or other areas) within a certain period of time. The Israeli authorities continuously
monitor that Palestinians with residency in East Jerusalem, in practice, uphold their residence in the city.
The Western diplomatic representation does not have knowledge about the time limit of Palestinian East
Jerusalem resident for staying outside the city.
36. Palestinian residents of East Jerusalem can apply for a special ‘study abroad permit’ from the Israeli
authorities.
Residency for Palestinians at the West Bank
37. Israel has a clear policy of not letting Palestinians move back to what they consider Judea and
Samaria (the West Bank area). East Jerusalem is not considered a part of Judea and Samaria; Israel
considers it to be its capital. The West Bank is occupied by Israel and administered under military law,
whereas East Jerusalem and the Israeli citizens in the West Bank are under civilian law.
Meeting with an international humanitarian organisation, Ramallah, 31
March 2019
Possibility of registered Palestinians to enter the West Bank and the Gaza Strip
38. Palestinians who emigrated from Palestine (WB, Gaza) to another country and still have a Palestinian
ID cannot enter through Ben Gurion Airport unless a permit was issued through the Israeli civil
administration. They would have to pass through the Allenby/King Hussein Bridge.
39. Palestinians with an ID card do not need other kinds of documents to enter Palestine; no entry
permit is needed; a passport is needed for entry and exit from Palestine. In special cases Palestinians will be
allowed to enter by presenting ID cards. In theory, every registered Palestinian is allowed to enter the West
Bank. The issue is that they have to travel through Israeli customs.
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40. Palestinians registered at the West Bank cannot enter the Gaza Strip without a special entry permit
and vice-versa; even if they have an international passport. Palestinians from the West Bank and the Gaza
Strip have the same type of ID card; however the residency is different either in the Gaza Strip or on the
West Bank.
41.
A person has to enter by the same crossing through which s/he left the country.
42. The Rafah border crossing is not open all the time. It is opened ad hoc; depending on the political
situation. Opening of the Rafah border crossing is announced by Social media and news. People will be
advised when it opens depending on the registration list. Palestinians who are planning to travel through
Egypt should register their names on the border beforehand).
People prevented from entering the West Bank
43. Israeli citizens cannot enter the West Bank, and stateless Palestinians cannot enter without a permit.
The Israeli authorities will process applications for entry permits from stateless Palestinians on a case-by-
case basis. The processing system is very restrictive.
People prevented from taking up residence on the West Bank
44. Palestinian refugees cannot come back and live in the West Bank and the Gaza Strip. One of the
sticking points for the peace deal between the Israelis and the Palestinians is the issue of the Palestinian
right to return.
Entry to the West Bank of foreigners
45. Palestinians, who have not been registered, can enter the West Bank as foreigners. Arabs with other
citizenships, who wish to stay on the West Bank, will be given a visa to the West Bank only depending on
where they will stay.
46. On the webpage of the Israeli Ministry of Foreign Affairs there is a list of different criteria to get a
visa. Processing of applications for IDs and permits is done case-by-case. Applications are considered very
much from a security perspective.
Prevalence of Palestinians without ID on the West Bank and the Gaza Strip
47. Every person living in the West Bank and the Gaza Strip has an ID. There are no groups without ID in
the West Bank and the Gaza Strip.
Consequences of illegal exit
48. A person registered in the Gaza Strip who goes to the West Bank and take up illegal residence there,
i.e. overstays his/her exit permit, will be blacklisted. This means that the person in question could probably
not come back to the West Bank; not even for medical reasons.
49. It is not possible for a registered Palestinian to leave the country without a Palestinian passport. So if
a Palestinian enters without a Palestinian passport, this person would have to get a passport before
travelling outside the country again.
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Residency of Palestinians living in East Jerusalem
50. Palestinians living in East Jerusalem have a Jerusalem ID. These Palestinians risk losing their residence
permit in East Jerusalem if they leave the country for a period of time exceeding three years.
Meeting with an international organisation, 3 April 2019, Jerusalem
The international organisation noted, from the outset, that insofar as concerns the subject matter of the
delegations questions (e.g. travel and residency requirements for Palestinians), this was generally outside of
its area of expertise but it was prepared to offer relevant anecdotal information where possible.
Entry/exit to/from the Gaza Strip for Palestinian residents
51. The international organisation understands that Palestinians registered as residents of the Gaza Strip
returning from abroad need prior approval from the Israeli authorities in order to transit through Erez and
the Allenby/King Hussein Bridge. Registered Palestinians cannot depart from or arrive to the Ben Gurion
Airport. In terms of procedure, the international organisation did not have relevant information outside of
information related to travel procedures that applied for Palestinian staff of the organisation travelling on
official business of the organisation. The international organisation is not monitoring the Rafah Border
Crossing insofar as concerns Palestinians travelling for personal reasons, but is of the impression that it
remains mostly closed. The international organisation does not have information about personal travel
documents used for crossing Rafah. The international organisation referred to a report by UNHCR, February
2018 and they were not aware of any change since then.
266
The Israeli-controlled Palestinian Population Registry
52.
The international organisation had some information on how the Palestinian Population Registry
functions, as while the international organization has no direct oversight of the population registry, it has
some experience and understanding of its operation through its Palestinian staff and work in the occupied
Palestinian territories more broadly. In their understanding, a census of the Palestinian population in the
West Bank and the Gaza Strip was carried out in 1967. The initial demarcation of the Palestinian Population
Registry was drawn up based on this census, distinguishing between Palestinians registered in East
Jerusalem, the rest of the West Bank and the Gaza Strip. Palestinians who were not present were not
included in the registry and could not be registered afterwards. Descendants of Palestinians registered in
the population registry born abroad might be able to register. Essentially, Israel controls the Palestinian
Population Registry. The international organization understands that entry and exit to the West Bank incl.
East Jerusalem and Gaza Strip through Israeli-controlled areas depends upon an individual’s status in the
Palestinian Population registry and any additional visa/permit requirements. Registration with the
United
Nations Relief and Works Agency for Palestine refugees in the Near East
(UNRWA) has no bearing on an
individual’s status in the population registry.
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UN High Commissioner for Refugees (UNHCR),
Country of Origin Information on the Situation in the Gaza Strip, Including on
Restrictions on Exit and Return,
23 February 2018,
url
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Palestinians’ residency in East Jerusalem
53. The international organisation understood in general terms that Israel has a ’centre of life’-policy
towards Palestinians with permits to reside in East Jerusalem, which means that their residence permit can
be revoked if they move or cannot prove their ties to the city. The international organisation did not have
information about the specific criteria.
54. The international organization understands that the East Jerusalem residency permit is issued for a
period of time and it has to be renewed by the Ministry of Interior. In principle the international
organization understands if the required documentation is not provided or if there is a concern that the
ministry determines that the person is not proving that Jerusalem is their centre of life as needed, then the
card would not be issued. They have to submit an application for renewal through the Ministry of Interior.
If they do not meet the relevant requirements, they risk losing their residence permit.
Meeting with Al Haq, Ramallah, 1 April 2019
Al Haq is an independent Palestinian non-governmental human rights organisation based in Ramallah, West
Bank. Al Haq documents violations of the individual and collective rights of Palestinians in the OPT,
irrespective of the identity of the perpetrator, and seeks to end such breaches by way of advocacy before
national and international mechanisms and by holding the violators accountable.
267
Geographical Engineering
55. Israel is conducting geographical engineering in the West Bank, East Jerusalem and around the Gaza
Strip which is supported by complicated administrative structures, autocratic permit regimes and restrictive
residence permit rules.
Palestinian Population Registry
56. The Israeli authorities control the records of the Palestinian population registry. In practice, the
Palestinian registry is connected electronically to the Israeli side. Palestinians cannot and are not allowed to
make changes. If they try, the Israelis will notice it. The Israeli authorities approve every addition to the
register, i.e. currently only birth and death registrations. In order to get an ID number, new born
Palestinians in the West Bank and the Gaza Strip need to be entered in this two-sided registration system.
57. There are some Palestinian inhabitants in the Gaza Strip without valid ID documents. Transfer to the
Israeli side of the Palestinian details of new births together with the needed documents is a prerequisite to
issue new IDs for these people.
Residency of Palestinians in the Gaza Strip, the West Bank and East Jerusalem
267
Al Haq homepage,
About Al Haq,
url
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58. There is no unified residence permit system for Palestinians living in the Gaza Strip, the West Bank
and East Jerusalem. In consequence, Palestinians from the three areas hold different ID-cards. Nowadays,
Palestinians in the West Bank (excluding East Jerusalem) and Gaza Strip hold the same ID cards.
59. The status of an individual determines how the Israeli authorities will deal with the individual. In
terms of time frame, the residence status of Palestinians living in East Jerusalem differs from the status of
Palestinians living in the two other areas. Registered Palestinians in the West Bank and the Gaza Strip have
permanent residency. The Palestinians living in East Jerusalem have to renew their residence permit
continuously in order not to lose it. Currently, the East Jerusalem residence permit has to be renewed every
third year, if they leave the country for any reason. The Jerusalem ID-card has to be renewed every tenth
year.
60. To keep the residence permit in East Jerusalem, a Palestinian continuously has to prove that s/he has
his/her centre of life in East Jerusalem. This makes it a problem, if the person in question works in
Ramallah. If the person’s family live outside East Jerusalem it is the same. If a Palestinian from East
Jerusalem marries someone from outside Jerusalem, they cannot live together. This is due to the fact that
family unification in East Jerusalem is essentially not possible, and the spouse from East Jerusalem risk
losing his/her residence permit, if they live together in another place.
61. If the Israeli authorities determine that a person’s centre of life is not in East Jerusalem, his/her
residence permit can be revoked even within the three year period of validity. Israeli authorities e.g. base
their assessment of ‘Centre of life or domicile’ on house visits where they check things like the bin in the
bathroom and the refrigerator in the kitchen in order to make sure that the resident actually lives in the
house.
62. Al Haq further added that it is necessary to differentiate between the validity of the ID card and the
exit permit. The ID card is valid for 10 years. People have to renew their cards every 10 years even if they
did not leave the city. Those who leave the city need to get an exit permit for three years. If they do not
come back to renew their exit permit within the three year period, they lose their residency (ID card). If
they get their exit permit renewed for the second time and live outside the country for more than seven
years, they run the risk of losing their ID cards. As an example, if a resident of East Jerusalem is married to a
Palestinian living in Europe and s/he wants to live with him/her, s/he will get his/her exit permit renewed
for the first time after three years. If s/he renews it for the second time, s/he will run the risk of losing
his/her residency status as s/he would be living outside the country for more than a total of seven years.
63. Sometimes the Israeli authorities change the features of the East Jerusalem ID for Palestinians. Then
renewal of the document is required. However, sometimes the holders are not notified about this and are
therefore taken aback when they approach a border crossing. In the encounter with the Israeli authorities,
they discover that their ID is not valid anymore.
64. The option for most Palestinians from East Jerusalem for whom their residence permit become
revoked and who do not have a foreign passport, is that they can be granted a tourist visa to the West
Bank.
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65. In the beginning of the 1990s before the Oslo Accords of 1993/95, Palestinians used to lose their
residence permits at the West Bank and in the Gaza Strip if they stayed abroad for too long. The timeframe
used to be about seven years. However, after the Oslo Accords the residence permit of Palestinians in these
areas is permanent. The only thing that these Palestinians have to renew in order to travel abroad and
come back is their passports. And the Israeli authorities recognise the national Palestinian passport as a
travel document.
66. People who have stayed abroad for ten or twenty years, who left after the Oslo Accords, who have
Palestinian documents and are not resident of East Jerusalem can come back and take residence. However,
if they left before the Oslo Accords, they cannot come back, because then their residency has been
revoked. It is part of the deal between the Israelis and the Palestinians upheld by the Oslo Accords that
Palestinians with residency in the West Bank and the Gaza Strip, who went abroad after signing of the
accords, will not have their residence permits revoked. Hence, if these Palestinians have kept their
Palestinian passport and ID, they will be able to come back from abroad and take residence.
67. Palestinians who went abroad in 1991 and 1992 might be able to come back and take up residence.
However, no one can give a guarantee, unless the people in question have legal representation. Between
the Oslo Accords, between 1993 and 1995 there is a grey zone. People who left during these years will have
to ask the authorities, if they still have a valid ID, i.e. residence permit.
68. Before the Oslo Accords, Palestinians in the West Bank and Gaza Strip used to have ID cards that
were issued by Israeli occupying authorities. If people left before the Oslo Accords, their Palestinian ID
number would have to be checked in order to make sure that they can return. Nowadays, a Palestinian ID
number is equal to a residence permit. However, some of the Palestinians, who fled before the Oslo
Accords, have an ID number but no residence permit. As a consequence of the war in 1967, 120.000
Palestinians fled and lost their basis of residence. In order to check if people among the 1967-refugees still
have a valid ID number, one would have to ask the Palestinian authorities.
69. Generally speaking it is not easy for Palestinians, who have stayed abroad for years, to know if their
residence permits have been revoked. They will be notified when they come to the border, or if they apply
for a renewal of their ID. However, they could also look into the matter through legal representation or
family present in the relevant area.
70. If a Palestinian from East Jerusalem is granted a foreign nationality, the Israeli authorities will
probably revoke his/her residence permit in East Jerusalem.
71. Palestinians who have lost their residence permit in the Gaza Strip, the West Bank or East Jerusalem
cannot get it back. This is due to the Israeli long term policy towards the Palestinians.
72. If a Palestinian is not registered in the Gaza Strip, the West Bank or East Jerusalem, there is no way
that this person can get a residence permit in one of these areas, except through family reunification.
Registration of children
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73. A registered child of one or two registered Palestinian parents from the West Bank or the Gaza Strip
who is born abroad will inherit residence status of the registered parent(s) when s/he reaches the age of
16. If a child has not been registered by birth, it is very difficult for the child to become registered. Some
socioeconomically disadvantaged people in the West Bank do not register their children in time; e.g.
Bedouin people.
Family reunification
74. In the late 1990s Palestinians encouraged other Palestinians to enter on a visa and then stay for
family reunification. This strategy was a success. Those who entered were granted family reunification.
However, since then the question of family reunification has become part of the general negotiation
between the Israelis and the Palestinians.
75. The only avenue to restore residency in the Gaza Strip, the West Bank and East Jerusalem for
someone who has lost it is family reunification. This is a long and complicated process.
76. Since 2003, as a consequence of a new law (‘Citizenship and Entry into Israel Law, Temporary Order’)
that has been imposed as a temporary order that is being renewed on a yearly basis, family reunification
has essentially been frozen. For socioeconomically advantaged people, who can afford expensive legal
representation and have a good network, there might still be an avenue to get family reunification.
However, it is a time-consuming process and over an extended period of time, family reunification will only
be granted for tens of people, who hired a lawyer; not thousands.
77. To apply for family reunification, a person has to be present in the West Bank or East Jerusalem.
However, application could also be done by proxy, who could be any family member, including a spouse.
Applications for family reunification from Palestinians from the West Bank should be submitted to the
Palestinian Ministry of Civil Affairs. Palestinians from East Jerusalem submit their application to the Israeli
authorities. This ministry has directorates in the main cities at the West Bank where applications could be
handed in. Afterwards, the directorates would transfer the applications to the ministry. Then the ministry
send the applications to the Israeli authorities. During the past years, the Israeli authorities have not
accepted any applications. Currently 100,000s of applications are waiting for processing.
78. Previously, the Israelis did not recognise the age limit of a child as 18 years, but applied the age of 16
years. Three or four years ago the military court accepted that the legal age is 18 years.
79. A child above 16 years old, who lives abroad and who is not registered, can only reside in the Gaza
Strip and the West Bank if s/he can get family reunification.
80. Children under 18 years can be included in the family application; either parent with an ID number
can act as a reference and in some cases grandparents.
Entry to the Gaza Strip, the West Bank and East Jerusalem
81. Registered Palestinians with residency at the West Bank can enter from abroad through the
Allenby/King Hussein border crossing point, but not through Ben Gurion Airport. This means that they have
to travel through Jordan.
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82. The Gaza Strip is the most difficult of the three areas to enter. Generally speaking, registered
Palestinians with residency in the Gaza Strip cannot use Ben Gurion Airport. They have to use the Rafah
Border Crossing to enter the Gaza Strip from abroad. However, in unique cases they can get VIP status,
travel through Ben Gurion or Jordan and enter the Gaza Strip through the Erez crossing. An advance,
coordination by the Jordanian and Israeli authorities is needed to enter the Gaza Strip through the
Allenby/King Hussein Crossing and Erez. Neither the Rafah nor the Erez border crossing is regularly open.
When Palestinians use Egypt as transit country, the Egyptian authorities sometimes keep the Palestinians in
the airport for days, until the Rafah crossing is open.
83. To travel through Jordan to the Gaza Strip is almost impossible. In case a Palestinian wishes to travel
to the Gaza Strip from abroad through Jordan, s/he would have to ask the Palestinian authorities to apply
for permission from the Israeli authorities on behalf of him/her. However, the Israeli authorities would
generally not grant permission in this case. They might grant permission for one or two applicants in a
thousand. In addition to the Israeli permit, travel to the Gaza Strip through Jordan would have to be
coordinated on beforehand with the Jordanian authorities.
84. Entry in the Gaza Strip through Egypt is dependent on whether or not the Rafah border crossing is
open. Sometimes Palestinian travellers stay in Cairo for days or weeks waiting for the Egyptians to open the
Rafah crossing. The route from Cairo Airport to the Rafah Border Crossing has changed. Before, it took
seven hours from Cairo to Rafah. Today it can take 48 hours. The Egyptian authorities justify the change in
the route with security reasons.
85. Generally speaking, Palestinians who have lost their Palestinian ID will not be allowed to enter from
abroad. For instance, a Palestinian from East Jerusalem who does not hold a residence permit will be sent
back to where s/he came from. With regard to entry via the Rafah crossing point, in some cases it might be
possible for Palestinians who lost their ID to travel through Egypt, if they have a valid Palestinian passport.
To enter the Gaza Strip through the Rafah border crossing point, technically speaking Palestinians have to
show their Palestinian national passport. However, sometimes their Palestinian ID card is sufficient.
86. Dependent on their age, some Palestinians need a pre-arrival visa to enter Egypt. Egypt used to allow
women and girls to pass through the country without a visa without taking their age into account. Currently
Palestinian men in their 20s, 30s and 40s have to have a visa. Sometimes it also depends on the political
situation on the ground; you cannot directly decide to come back from Denmark to Egypt unless the return
is coordinated with the Egyptian authorities.
87. The requirement to enter through Allenby/King Hussein is a passport and an ID card for Palestinians.
Sometimes the border guards ask for both, but sometimes they only ask for the passport. A person who is
registered, but who does not have an ID, cannot enter. However, such individuals can apply for an ID by
proxy in the West Bank.
Issuance of passports for Palestinian
88. After the de facto power division between Hamas in the Gaza Strip and the Palestinian authority in
the West Bank that happened upon the election in 2006, the Palestinian authority has centralized passport
issuance. Previously it was possible to have a passport issued in the Gaza Strip. Nowadays Palestinian
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passports are only issued in Ramallah. For political reasons, sometimes the Palestinian authorities do not
issue passports to people living in the Gaza Strip.
89. Theoretically, registered Palestinians can apply for a Palestinian passport through the Palestinian
embassy in Cairo or the Palestinian Representation in Amman or other representations. However, it takes
longer time to get a new passport this way than through the administration of the Palestinian authorities in
the West Bank. A Palestinian from Gaza will need to find a person on the West Bank to help him/her to
follow up on the application for a new passport. In addition, there might be politically or administratively
related obstacles for issuance of passports at the Palestinian representations abroad. Some of the
representation offices are not professional. In addition, the mailing process is difficult and time consuming,
because the mail has to pass through the Israeli side. A courier could be used for personal mail, but it is
costly, so the Palestinian embassies use the ordinary mail system.
90. The Palestinian passports issued by the Palestinian authorities are valid for five years. Previously
these passports were only valid for one year. Afterwards it became three years and then five.
91. The majority of the Palestinians in East Jerusalem and some of the Palestinians in the West Bank hold
Jordanian passports. Most of these passports are not nationality passports but temporary foreigner’s
passports valid for fourteen years. Previously, the Jordanian temporary passports were only valid for five
years. Some of the Jordanian passports held by the Palestinians are permanent passports, because they
have family in Jordan. If a Palestinian wants to use his Jordanian passport at the Allenby crossing, s/he
must show his Palestinian ID card and a permit that s/he applies for and pay a fee. The Jordanian passport
can be used for traveling abroad through Jordan. However, if Palestinians from East Jerusalem want to
travel through Ben Gurion Airport, they have to get an Israeli Laissez Passer; they cannot use their
Jordanian passport to travel through Ben Gurion.
92. Palestinian representations abroad issue so-called 00-passports for unregistered Palestinians living
abroad who cannot obtain passports issued by their country of residence. The 00-passports do not grant
access to Israel, the West Bank or the Gaza Strip.
Illegal exit
93. Illegal exit is criminalized. According to Israeli military order, Palestinians who have left the West
Bank or the Gaza Strip illegally will be arrested and detained upon return by the Israeli or the Jordanian
authorities at the West Bank and by the Egyptian authorities in Gaza. It is unknown for how long they will
be detained. In Egypt sometimes people are taken by the Egyptian authorities. There was one case four
years ago in which four people who coordinated their return to Gaza were taken by the Egyptian security
service. The Egyptian authorities refused to recognise that they took them and accused ISIS for having done
it. A few weeks ago these four people were brought back by the head of Hamas.
94. Three to four years ago, Israeli authorities stamped the passports when people entered or exited
through Israeli controlled border crossing points. Currently, they will be given a visa that looks like a slip in
the passport as entry and exit permit. When people leave the Gaza Strip, their passports will be stamped by
both the Palestinian authorities and Egyptian authorities both ways.
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95. Inhabitants of the Gaza Strip are registered by Hamas and the Egyptian authorities when they leave
legally through the Rafah border crossing point. It is unclear to al-Haq specifically what will happen in Egypt
if the Egyptian authorities find out that a Palestinian exited the Gaza Strip illegally and entered Egypt.
However, the Egyptian authorities will send back Palestinians who have exited illegally. The same goes for
the Jordanian authorities, if they find out that a Palestinian in transit in Jordan has left the West Bank
illegally.
Israeli travel bans
96. Under the pretext of security issues, Israel imposes travel bans on some Palestinians living in the
West Bank and the Gaza Strip. These people are not allowed to leave the Palestinian territories under any
circumstances. If they have already left the territories, they are not allowed to come back.
97. The Israeli system of travel bans is unpredictable in more than one way. There are no clear criteria
for when to impose a travel ban on a person. There are people who are characterised as security threats
without their own knowledge. In addition, the length of a travel ban is unpredictable and not always clearly
announced. Sometimes a travel ban can last for 15 years. The Israeli authorities never inform the person
subjected to a travel ban when the ban is lifted. In reverse, sometimes the Israeli authorities delimit the
timeframe of a concrete travel ban, but when the ban is supposed to be lifted it is not.
98. Travel bans on Palestinians are sometimes used by the Israelis as bargaining points. E.g. the Israeli
authorities put pressure on Palestinian individuals by making them promise not to return from abroad for a
longer period of time, e.g. five years, in exchanging for lifting the travel ban. They do this because they
know that after five years most people will have built a central life outside the territories.
Meeting with HaMoked, 3 April 2019, Jerusalem
HaMoked is a human rights NGO providing legal support for Palestinians exposed to various types of rights
violations by Israel. HaMoked handles cases on individual level and thereby get a detailed overview of the
systemic fashion in which residency and family unification rights are violated. Among others, HaMoked also
monitors violations of freedom of movement for Palestinians. Since its inception in 1988, HaMoked has
handled some 100,000 complaints concerning various human rights issues.
Residency in East Jerusalem
99. The Palestinians living in East Jerusalem are registered as permanent residents in the State of Israel.
The registration of these Palestinians is managed purely by Israel, whereas registration of Palestinians in
the West Bank and the Gaza Strip is managed by the Palestinian authorities; even though Israeli authorities
play a role.
100. Since 1967, Palestinians in East Jerusalem hold an Israeli ID which implies that they have a status
inferior to citizenship. Contrary to the Israeli citizens, the Palestinians in East Jerusalem cannot travel
abroad with an unlimited travel document. They have to apply for a temporary Israeli travel document,
which is only valid for two years.
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101. A permanent resident of Israel, including a Palestinian from East Jerusalem, is not required to renew
his/her residency. However, the residency of Palestinians in East Jerusalem is more easy to revoke than
Israeli citizenship.
102. Until 1988 the legal meaning of the status of Palestinians with residency in East Jerusalem was
unclear. In 1988 a presidential judgement in the Israeli High Court of Justice clarified that they are
permanent residents like any other permanent resident in Israel, despite the fact that they were born in
East Jerusalem, and they can therefore have their status revoked (similarly to a foreign national, who
immigrated to Israel). This led to a new modus operandi where the Israeli Ministry of Interior started
revoking residency for people, who stayed outside the East Jerusalem area for more than seven years;
abroad, in the West Bank or in the Gaza Strip. This modus operandi was known as ‘the silent transfer’.
Today the situation is better. Currently the residence permits of Palestinians in East Jerusalem are only
revoked if they move overseas for a longer period of time than seven years and do not keep their ties to
the city. There are some exemptions to this where Palestinians from East Jerusalem still lose their
residency, but they are not that many and it is easier to challenge the revocation decision because of the
current policy. In 2018 only 13 Palestinians from East Jerusalem had their residency revoked. In 2017 the
number was 35 cases. Previously it was thousands.
103. In case a Palestinian from East Jerusalem loses his/her residency in East Jerusalem and holds no
other residency or citizenship, s/he may in theory remain stateless. However, each case is different.
104. If a Palestinian from East Jerusalem has moved abroad and lost his/her residency, s/he can submit an
application to reinstate it. To get the residency of an individual reinstated, the person in question has to
prove that his/her centre of life for two years is in East Jerusalem. Centre of life in East Jerusalem can be
documented by payslips and/or bills from East Jerusalem and by the person in question sending his/her
children to school in East Jerusalem.
105. An application for recovery of residency in East Jerusalem has to be handed in at the population and
immigration authority under the Israeli Ministry of Interior in Wadi Joz. Once a person has submitted the
request, s/he will get a temporary stay permit, i.e. an A5 visa which allows him/her to work in Israel and
access social services. However, the foreign family of the person in question is not included in this stay
permit. Foreign family can only stay on a tourist visa, and the children will not have access to public schools.
106. Palestinians are not notified if their residence permit in East Jerusalem is revoked. Typically, they find
out when they approach the Israeli authorities for something bureaucratic like applying for travel permit or
renewing their blue ID card.
107. If a Palestinian has once had permanent residency in East Jerusalem, s/he can in principle, have
his/her residency reinstated. If s/he returns to East Jerusalem with his/her children aged under 18 years,
the children are also entitled to residency. Beyond that age they are not entitled. But also, the parent must
reinstate his/her residency; otherwise the children are not entitled to residency either. Dependent on the
type of passport they are travelling with, Palestinians returning from abroad to reinstate their residency in
East Jerusalem need a pre-arrival visa to enter Israel.
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108. Palestinians born to parents registered in East Jerusalem are entitled to permanent residency in East
Jerusalem, i.e. an A1-visa. However, they do not always get it. The A1-visa is an immigrant status that was
artificially applied to Palestinians on grounds of the demographic battle between the Israelis and the
Palestinians. Israel fights to continuously keep a higher percentage of Jews than Muslims in the country
(and in particular in Jerusalem).
Israeli citizenship for Palestinians in East Jerusalem
109. Recently, a higher number of Palestinians from East Jerusalem has applied for Israeli citizenship.
Theoretically, it can take two to three years after an application for citizenship has been submitted until the
processing starts and then the process in itself can also take three to five years. Before the separation wall
between the Israeli and the Palestinian area of the West Bank was built
268
, Palestinians living in East
Jerusalem sometimes worked and had a social life in the West Bank. Therefore, and for political reasons,
Palestinians kept themselves from applying for Israeli citizenship. The balance has now moved since it has
become more difficult to move between the West Bank and East Jerusalem. However, only about two per
cent of the Palestinian population in the city are now Israeli citizens. This is due to the fact that a person,
among others, has to make an oath of allegiance to Israel and learn Hebrew in order to get citizenship. This,
of course, causes political objection among Palestinians and also makes it difficult for some Palestinians to
meet the criteria for citizenship.
Palestinian Population Registry
110. Upon the Oslo Accords, the administration of the Palestinian population registry was transferred to
the Palestinian Authority. However, Israel holds a copy of the registry and has a veto power on the registry.
Israel allows child birth registration. However, the de facto Israeli control of the registry causes certain
other problems to the Palestinian population; particularly when it comes to family unification.
Family Unification in East Jerusalem
111. Until 2002, Israel mostly did not restrict movement between Israel and the West Bank or the Gaza
Strip. So if Palestinians in East Jerusalem married a person from the West Bank, they could fairly easily
move back and forth between East Jerusalem and Ramallah. Thus many people did not even bother with
requesting residency status in East Jerusalem.
112. In 2002, during the second intifada, there was an attack in Haifa of a man where one of his parents
was from East Jerusalem and the other from the West Bank. As a consequence, Israel in 2003 passed a law
which essentially froze family unification between the West Bank and East Jerusalem. The law is called the
Citizenship and Entry into Israel Law
269
. It is classified as a temporary order that has to be renewed once a
year, but since it was passed in 2003, it has been renewed every year.
113. In the first days of the temporary law, people who had not yet entered a family unification process
had no avenue to enter an application for family unification. However, currently women older than 25 and
men older than 35 can enter applications. However, they can only get temporary stay permits in East
268
HaMoked further explained: The West Bank is, according to international law, all Palestinian. Israel built the separation wall in a
manner that illegally annexes parts of the West Bank, and also separates East Jerusalem from the West Bank.
269
Citizenship and Entry into Israel Law
(English version),
url
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Jerusalem indefinitely, and can never be upgraded to A1- or A5-visas. The temporary stay permit is granted
by the Israeli military, and in the beginning it did not allow the holder to work in East Jerusalem (but
following extensive legal activity by human rights organizations, the holders of such temporary permits are
allowed to work in Israel). In addition, the holders only have limited access to health insurance, meaning
that health insurance is much more expensive for these people. Moreover, they are not entitled to other
social benefits, and they are not allowed to drive in East Jerusalem. For women younger than 25 and men
younger than 35 originally from the West Bank, there is no legal way of living with their spouse in East
Jerusalem.
114. This type of family unification is by definition an endless process. Some families have been in the
process for more than 15 years, sometimes having been married for 30.
115. The 2003
Citizenship and Entry into Israel Law
does not allow any family unification with Palestinians
from the Gaza Strip. The only possibility for mixed couples with one spouse from East Jerusalem and one
spouse from the Gaza Strip to live together is in the Gaza Strip.
Registration of children in East Jerusalem
116. Unlike the Israeli citizenship, which is passed to children of Israeli parents directly after birth,
permanent residency is not granted automatically to children of Palestinians with permanent residency in
East Jerusalem. In these cases, the parents have to go to the Israeli Ministry of Interior in order to
proactively register the children. An application for registration of a child to a Palestinian East Jerusalem
resident cannot be submitted by proxy. One of the parents has to be present (the other one and the child
are optional). The age limit is 18 years.
117. Whereas the registration process is smooth for children of two Palestinian East Jerusalem residents,
it is not if one of the parents is not an East Jerusalem resident. In order to secure a registration of the child,
mixed couples sometimes register their children at the West Bank before their application for registration
in East Jerusalem has been processed. If a child has been registered at the West Bank, it is more
problematic to get the child registered in East Jerusalem. In addition, the child has to be below 14 years of
age in order to be registered. There is no way to register children above the age of 14 years as residents of
Israel. They can only receive temporary stay permits (the type issued by the military), which do not entitle
them to social services.
118. Mostly, parents apply for registration of one child at a time, since they often apply shortly after the
child’s birth. However, sometimes couples apply for their children altogether on the same application. It is
possible to get an application for registration of more than one child processed. During the processing of
the application, the children must be living in Jerusalem (their ‘centre of life’ must be in Jerusalem).
119. All decisions regarding requests/applications submitted to the Israeli Ministry of Interior by East
Jerusalem Palestinians can be appealed in the Israeli appeals tribunal. If a complaint is rejected by this
tribunal, an appeal can be directed to the Jerusalem district court. Since it is a two instances court system,
this is the highest court to reach in these cases. Cases like this do not reach the Israeli high court.
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120. The chance of success of an application for family unification in East Jerusalem is case specific. E.g.
security related issues could have implications for the decision. When an application for family unification is
submitted to Israeli authorities by Palestinians, Israeli authorities also do a security check.
Family unification in the West Bank
121. If a Palestinian from the West Bank marries a foreign spouse, there is no way that the spouse can
obtain any residency in the West Bank. At best, the spouse can obtain a two year stay permit. However, on
this type of stay permit the spouse is not allowed to work. In addition, the stay permits are not multiple
entry permits. So if the foreign spouse travels abroad in order to visit family, s/he will not be entitled to
return.
122. Essentially, Israel stopped reviewing requests for family unification from West Bank residents 20
years ago. However as a consequence of political deals with Palestinian authorities made in 2007, Israeli
authorities reviewed 50.000 cases and granted family unification in 32.000.
123. In terms of Gaza, Hamoked is unfamiliar with family unification procedures and implementation of
the procedures.
124. Palestinians with no ID number and no foreign nationality (stateless) are seen as foreigners by the
Israeli authorities when it comes to family unification.
Meeting with Gisha, 4 April 2019, Tel Aviv
Gisha is an Israeli not-for-profit organization, founded in 2005, whose goal is to protect the freedom of
movement of Palestinians, especially Gaza residents. Gisha promotes rights guaranteed by international
and Israeli law
.
Gisha uses legal assistance and public advocacy to protect the rights of Palestinian
residents.
270
125. Overall, Gisha informed that no one can really master the Israeli permit system when it comes to
exit, entry and residency of Palestinians. There are so many procedures. The extensive amount of rules and
regulations give the impression that there is order and bureaucracy, but it is really a mess. However, there
are some points of orientation in the welter of administrative trip ups.
Possibility of re-entry to the West Bank and the Gaza Strip for registered Palestinian residents
126. Generally speaking, the possibility of return to the Gaza Strip and the West Bank depends on: who
you are, where you left from and how long you stayed abroad. Gisha does not have any particular expertise
with regard to East Jerusalem. Palestinians from East Jerusalem are treated quite differently than the way
Palestinians from the Gaza Strip and the West Bank are treated.
127. The rule of the Israeli authorities is that a person has to exit and re-enter through the same crossing
point. The Israeli authorities are very firm about this requirement. However, there are some exemptions. If
270
Gisha website,
About Gisha,
url
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a Palestinian returning to the Gaza Strip from abroad can prove that the Rafah Border Crossing is closed,
and the person in question needs to get in for humanitarian reasons, Gisha has sometimes succeeded in
facilitating access, but this is very rare. If the Rafah Border Crossing is closed, it is very difficult for the Gaza
Strip residents to return from abroad if they exited Gaza via Rafah.
128. Palestinians who are residents in the Gaza strip hold a passport or an ID card. Registered Palestinians
have a recognised right to return, theoretically. However, Israel does not feel obliged to let people use the
Erez crossing if they are not able to use the Rafah Border Crossing. Thus implementation depends on
Israel’s policy at the time being.
129. In this respect, Gisha has translated the policy document, ‘Unclassified Status of Authorisations for
the Entry of Palestinians into Israel, their Passage between Judea and Samaria and the Gaza Strip and their
Travel Abroad’. The document was published at Gisha’s website on 18 September 2017. It is a very lengthy
document that lists different kinds of profiles, i.e. quotas, numbers of people and what classifies as medical
treatments, seriously ill family members etc. The document is issued by Israeli authorities and is updated
from time to time.271
130. In 2016, a particular Israeli policy, included in the abovementioned policy document, was introduced
allowing Gaza Strip residents to leave through the Erez crossing for whatever reason they want, however,
conditioning their return on the signing of a document that says they will not return for one year.272 This
gave the residents a way to leave, which is generally a challenge. However, as a general rule residents
cannot return without special coordination with Israeli authorities within a year after their exit. Only
exceptional humanitarian cases are exempted from this rule. Only in one confidential case, Gisha has been
able to test under what particular conditions the Israeli authorities would let people return before a year
has passed.
131. The Rafah Border Crossing has been open on a steady basis throughout 2018. Previously, there have
been times when the border was not open that much. Since May 2018, the Rafah Border Crossing has been
open about five days a week. Gisha gets numbers of people crossing the border from UNOCHA who get it
from the Palestinian Authority Ministry of Interior in Gaza. A graph of numbers of arrivals and departures to
Egypt is available on Gisha’s website
273
. Gisha is not aware of cases where local Palestinian officials denied
access to residents of Gaza returning from abroad.
Gisha website,
Unclassified Status of Authorizations for the Entry of Palestinians into Israel, their Passage between Judea and
Samaria and the Gaza Strip and their Travel Abroad - Coordination of Government Activities in the Territories, Operations and
Coordination Department Updated as of September 18, 2017,
url
According to
Gisha,
the most current version of the document is a version in Hebrew also found on their website:
url
Gisha added
that the Israeli authorities never make drastic changes in the Hebrew document, but usually just update in the quotas; sometimes
they publish information about special ‘gestures’ for holidays or the like.
272
Unclassified Status of Authorizations for the Entry of Palestinians into Israel, their Passage between Judea and Samaria and the
Gaza Strip and their Travel Abroad - Coordination of Government Activities in the Territories, Operations and Coordination
Department Updated as of September 18, 2017,
Chapter B, item d, 3,
url
273
Gisha website,
Movement of People via Rafah Crossing,
url
Weekly updates on movement in and out of the Gaza Strip through the Erez Border Crossing are found on the website of the
Palestinian Authority, e.g. see:
(
2019
/
03
/
29
–
2019
/
03
/
24
) ةرﺗﻔﻟا لﻼﺧ ﺔﯾﺑوﻧﺟﻟا تﺎظﻓﺎﺣﻣﻟا ﻲﻓ ﺔﺋﯾﮭﻟا لﻣﻋ ﺔﯾﺋﺎﺻﺣا
[English:
Statistics of the
Committee’s work in the Southern Governorates during the period 24/03/2019 – 29/03/2019],
url
271
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132. In terms of who can fly via Ben Gurion Airport, rules and regulation for both West Bank and Gaza
Strip residents could be found online.
274
Almost no one from the Gaza Strip can use the airport, and only a
small handful of people from the West Bank can use it. In general, it is only rare humanitarian exemptions
and VIPs, i.e. the most senior business people, who can travel through the airport. In addition, the process
of requesting a permit to travel through the airport is very extensive and treatment at the airport is so bad
that people most often prefer to travel through the Allenby crossing.
133. Israel does not allow people without status to travel through the Erez crossing, meaning individuals
without Palestinian ID cards or foreigners without status in a third country. However, Gisha has heard of
cases where refugees fleeing from Syria entered the Gaza Strip through Rafah Crossing in the years 2012-13
even though they did not have residence status in the area or visa. In general, statistics say that about
30,000 people without status currently live in the Gaza Strip.
275
Prerequisites to transit through Egypt in order to enter via the Rafah crossing
134. If the Rafah Border Crossing is not open, airlines are instructed not to allow Palestinians from the
Gaza Strip to board their flights to Cairo.
135. Palestinian men between the age of 18 and 40 years need a pre-arrival visa to enter and transit in
Egypt; even though they go directly by bus from Cairo Airport to the Rafah Border Crossing through Sinai.
The visa can be obtained at the Egyptian embassy of the country they are visiting. Apart from men in the
mentioned age group, Palestinian travellers who want to go straight to Gaza, do not need a visa but will be
held in a detention area at the airport while they wait for a shuttle to take them to the Rafah Border
Crossing.
136. Women, children and men over the age of 40 years do not need a visa to transit in Egypt.
137. There are curfews at night in the Sinai Peninsula. This means that transiting Palestinians stop and
stay in the bus overnight when they travel through Sinai.
138. There have been reports of people who pay for unofficial coordination, i.e. on the black market,
inside the Gaza Strip in order to get assistance with their travel through Egypt by semi-tourist agencies.
However, this information is not clear to Gisha.
139. According to the Egyptian authorities only Gaza residents are allowed to enter through the Rafah
Border Crossing.
Prerequisites to transit through Jordan in order to enter via the Allenby/King Hussein Bridge
Gisha referred to
Unclassified Status of Authorizations for the Entry of Palestinians into Israel, their Passage between Judea and
Samaria and the Gaza Strip and their Travel Abroad - Coordination of Government Activities in the Territories, Operations and
Coordination Department Updated as of September 18, 2017,
url,
and to a document in Hebrew in which more details are found:
url
275
Although
Gisha
considers these numbers too high,
Gisha
made reference to the organisation
B’Tselem
who states that the
number of individuals living in Gaza with no ID card is between 40,000 and 50,000 individuals.
url
274
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140. West Bank residents do not need any special coordination or visas to enter Jordan for transit. They
could land at the airport in Amman and then go directly to the Allenby/King Hussein crossing. In theory,
Israel respects the right of West Bank residents to leave and re-enter from abroad.
141. Gaza Strip residents need a special permit to transit in Jordan when they go abroad. In order to exit,
they have to submit a request to the Jordanian passport office in Gaza. The Jordanian passport office in
Gaza sends the request to the Jordanian representation in Ramallah which processes the request. Upon
approval a transit visa; i.e. a so-called ‘non-objection letter’ (Arabic: adam mumana’a), is issued for the
person in question. Normally, the transit visa says that it can be used for transit both ways, and the visa
has no expiration date. However, there was a case where a Palestinian woman had stayed in Turkey for a
year to study and was denied entry to transit in Jordan. Gisha tried to assist her, but could not do anything.
Fortunately, she had personal connections, who in early April 2019 solved the issue for her.
142. A Gaza Strip resident seeking to travel abroad through the Allenby/King Hussein crossing has to apply
for a non-objection letter from the Jordanian authorities. This takes at least two weeks to process. The
frequency of approval is dependent. Sometimes the system operates quickly. Sometimes it takes months to
get the non-objection letter. By the time of the meeting between Gisha and the Danish Immigration
Service, the processing time was about two week. The official time frame was ten days to two weeks.
143. There is no coordination between the Jordanian and the Israeli authorities when it comes to
transiting Gaza Strip residents. This means that a person might get a ‘non-objection letter’ from the
Jordanian authorities but not a permit from the Israeli side and vice versa. Gisha further explained that
these are unconnected processes. If a person is denied a permit by Israel but has a non-objection, s/he
would have to reapply for the Israeli permit. If s/he has a permit but not a non-objection letter, s/he may
be denied exit from Erez. Gisha knows of cases where people were allowed to exit but then had to come
back when the Jordanian authorities would not let them in.
Security block on certain people
144. Some Palestinians are blocked from entering Israel for security reasons. However, if these people do
not have a status in another country, it would be difficult for Israeli authorities to keep them from
transiting via Israel for the purpose of re-entering the Gaza Strip, if they used Erez to transit abroad in the
first place. Israeli authorities would probably hinder their transit in Israeli areas, but could probably not
stop them from entering the West Bank or the Gaza Strip, unless they had a permanent or long-term stay
permit in another country.
145. It is Gisha’s impression that people can be blocked for “security reasons” until proven innocent. In
other words, the default is that a person is blocked until the authorities check him/her. Israel claims that its
administration does not have the resources to check all the people requesting permits and thus it seems
they block people for transit, especially those seeking travel for a specific date, because they didn’t have
time to conduct their security checks. People are not given an explanation when they are blocked. It is only
when they launch an appeal by legal assistance that they can gain some insight into their case. Sometimes
Israeli authorities give a paraphrase of the decision grounds; however, often the statements of the
authorities are very vague. The reasoning is often “contact with terrorist elements” which is applied very
broadly. Therefore it is quite difficult to challenge a security block. Gisha has submitted a freedom of
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information request to the Israeli authorities. The information obtained by the request told that a lot of
cases were pending.
146. Sometimes people are security blocked if they have the same name as someone from an
organisation considered a terrorist organisation by Israeli authorities.
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Illegal exit
147. Gisha said that cases of illegal exit from the West Bank or the Gaza Strip going abroad are rare. It is
quite difficult to leave illegally. The only ways to exit illegally would be either through tunnels from the
Gaza Strip or via the sea. Not many exit via sea. The Israel authorities monitor the borders. Entrance from
the West Bank into Israel illegally is common and Gisha heard that at some point in times, on average, five
Palestinians a week were jumping the fence into Israel from Gaza as well. These people are usually
interrogated to determine motivation and then if no security breach is detected, are brought back again by
Israeli authorities.
148. The Israeli authorities would know if a person has left illegally from the West Bank or Israeli areas,
since they register all exits through their border crossings and issue exit permits for residents from East
Jerusalem. An exit permit is a little piece of paper that can be folded up and put in with the blue ID card
carried by all East Jerusalem residents. The exit permit contains: name, place of origin, specifications in
terms of validity and reason for travelling.
276
Re-entry after a longer period abroad
149. Gisha has not heard of Palestinian West Bank or Gaza Strip residents, registered in the Palestinian
population registry, who stayed in another country for a longer period of time and therefore were not able
to return and take up residence again. In this regard, residency at the West Bank and in the Gaza Strip is
different from residency in East Jerusalem.
Entry procedures and documents needed for border crossing
150. Gisha has published a brief it received from the Israeli Ministry of Defense on the procedures of
active Palestinian residents’ passage at the border crossings on their website.
277
Among others, this
publication lists personal documents and permits required in order to re-enter.
151. In general, the same documentation used for departure must be used in order to re-enter. This
means that Palestinians travelling through the Ben Gurion Airport or the Israeli sea ports are required to
obtain a permit to enter Israel for overseas travel purpose and a valid Palestinian passport which is updated
in the computerized register. Palestinians travelling through the Allenby/King Hussein or the Rafah Border
Crossings could travel using either a) a valid Palestinian passport which is updated in the computerized
register or b) a departure card and a valid ID card.
278
Gisha does not have information about which grounds
a departure card is issued on. The central question with regard to Palestinians entering the West Bank is if
they are registered in the Palestinian Population Register or not. If a person is registered, this person is
considered Palestinian resident by both Palestinian and Israeli authorities; even if the person in question
holds a foreign passport. In case, a person is registered but has no documentation, s/he can still enter.
However, a specific entry procedure applies to residents, who lost their documentation overseas.
279
276
277
See anonymised copy of an exit permit in Appendix 3
Gisha website,
Procedure of Palestinian residents’ passage at the border crossings,
url
278
Gisha website,
Procedure of Palestinian residents’ passage at the border crossings,
url
279
Gisha website,
Procedure of Palestinian residents’ passage at the border crossings,
url
For further information on the entry procedure, Gisha referred to this document from the Israeli authorities (Hebrew),
url
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152. Information about processing of entry application from Palestinians, who need a special permit to
enter, is not very good or transparent. The only area where good numbers are accessible is ‘medical
requests’, information which is published by the World Health Organization on a monthly basis.
280
The
general modus operandi of Israeli authorities when it comes to entry permits for Palestinians is to keep the
applications pending. When processing drags on for a long time, the reason for applying often becomes
irrelevant. The Israeli authorities give reason for the long case processing time by saying that they do not
have the required resources. In that respect, Gisha referred to the directive on processing times for permit
applications which was published in October 2017. It lengthened the processing times, which Gisha
challenged; thus far unsuccessfully.
281
Avenues of appeal in case of denied access
153. No written refusals of applications for entry permits are issued by Israeli authorities. Instead, a
message will be passed orally to the applicant through the local Palestinian Committee of Civil Affairs.
Sometimes this message is delivered with some kind of paraphrase of the background for the decision. In
order to appeal the rejection, an administrative proceeding has to be launched; essentially suing
Coordination of Government Activities in the Territories (COGAT) in order to reverse its decision. In that
process, the judge reviews the petition and determines whether or not to set a date for a hearing, thus
compelling the state to defend COGAT’s decision Gisha filed about 50 petitions in 2018 and provided legal
assistance generally to about 1300 individuals. Gisha is successful in something like 60 per cent of the
cases. As a rule, Gisha only brings cases that have some chances of success. However, Gisha also brings a
smaller amount of cases to challenge the system.
Family unification with foreign and unregistered spouses from abroad
154. The proper way of gaining permanent residency in the Gaza Strip for Palestinians who are not
registered is through family unification. People have to show some kind of marriage certificate in order to
get family unification. Technically, Israel would have to approve all family unifications. Due to quotas no
one from abroad is currently added to the Palestinian Population Registry. Gisha further explained that
Israel does not issue stay permits for Gaza, it only seeks to control who enters/exits. Being the spouse of
someone living in Gaza is not a criterion, in itself, to be granted access via Erez. Via Israel, the foreign
spouse would need to show that they match the current criteria, i.e. have a first degree relative in Gaza
who is dead, dying or getting married, work for a humanitarian organization, etc. A foreign spouse would
need permission from Israel to live in the West Bank.
Re-entry of children born in the West Bank or the Gaza Strip
155. A minor child who departed using a passport will enter using a passport. A minor child, who departed
as accompanied by one of the parents, indicated at the departure card of this parent, will have to enter
accompanied by the same parent. In cases where the child wishes to enter accompanied by the other
parent, s/he must arrive equipped with the original departure card of the parent who remained abroad. In
this case, s/he will receive an ‘accompanying certificate in separate entrance’ at the crossing. A minor child,
280
World Health Organisation (WHO),
Health Access, Barriers for patients in the occupied Palestinian territory
MONTHLY REPORT, February 2019,
url
281
Gisha,
High Court refuses to conduct a principled discussion on a draconian directive stipulating unreasonable processing times
for permit applications submitted by Gaza residents,
January 30, 2019,
url
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who departed using ‘an independent minor departure card’, will enter accompanied by one of the
parents.
282
Entry of children of Palestinian residents born abroad
156. For children of Palestinian residents, who were born outside Israel/Palestine, the following
requirements apply:
157. Children up to age five will enter Israel/Palestine using the original birth certificate and
passport/registration in the parent’s foreign passport
283
. At the border crossing, the child will receive a
‘Minor Entry Certificate’ by which he will be able to register at the Palestinian Ministry of Interior and will
receive an ID number by the time s/he turns 16 years. Palestinians apply for passports in Gaza by sending
an application to Ramallah.
Palestinian Population Registry
158. In 1967 Israel held a census of the Palestinian population in the West Bank and the Gaza Strip. People
who were present at that time and registered in the census and their direct descendants are in the
Palestinian Population Registry today. Cf. the Oslo Accords, the Palestinian Authority collects information
about new born Palestinians born at the West Bank or in the Gaza Strip to be added to the registry and
transfer this information to the competent Israeli authorities. The Israeli authorities then accept the
registration. Technically, Israel could deny registration but does not. So for now, the system works. In cases
where Israel denies registration, the child is above the age of 16 years.
159. Israel controls changes to the Palestinian Population Registry. The registry is transparent to the
Palestinian authorities, but they cannot influence the decision of cases with regard to status changes. The
Palestinian authorities can update in terms of marriage registration within the West Bank and the Gaza
Strip and registration of children born to residents of these territories. However, only Israeli authorities can
accept the changes. The same applies with regard to changes of registration between the West Bank and
the Gaza Strip.
160. A lot of Palestinians abroad prefer not to register their children in the Palestinian Population Registry.
When children are kept unregistered, they are treated as tourists of Palestinian descend in Israel, not as
Palestinians as such. This means that they are not discriminated against in the same way as local
Palestinians. One of the advantages of not being registered is unregistered Palestinians do not need a
permit to enter Israel. However, one the other hand Israeli authorities are not compelled to let people
enter.
Registration of Palestinian children born abroad
161. In case a child of registered Palestinian parents, who is born abroad, does not register when s/he
turns 16, s/he will not be able to register in the Palestinian Population Registry. Children from age five to
age 16 will be registered using a visitation permit. The parents of the child in question have to contact the
Palestinian Ministry of Interior to register him/her. The parents register via the Interior Ministry in
282
283
Gisha website,
Procedure of Palestinian residents’ passage at the border crossings,
url
Gisha
assumes that ‘foreign passport’ could include Palestinian Passports.
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Ramallah. Children over the age of 16 are not automatically eligible for residency in the region jus
sanguinis. The only way to regulate the residence status of children over the age of 16 is through family
reunification. In theory, Israel froze the family reunification process in the year 2000. Since then it has
issued random ’gestures’ for quotas, but Gisha is not aware of any annual quota.
Clarification of residence status from abroad
162. It is possible for Palestinians abroad to apply for permits from Palestinian and/or Israeli authorities or
seek verification of their residence status by proxy. A lot of people do this. Usually, they ask relatives on the
West Bank or in the Gaza Strip to contact the interior ministry and put in a request on their behalf. Gisha
has no knowledge about the possibility to ask Palestinian diplomatic representations abroad for the same
kind of service. In the cases that Gisha knows, people have acted through family members.
163. Palestinians can check their residence status at the West Bank and in the Gaza Strip independently
through the Palestinian Ministry of Interior in Ramallah. A Palestinian in Gaza could contact the Ministry of
Interior in Ramallah remotely or verify information via the Palestinian Civil Affairs Committee office in Gaza
164. On the website of the Israeli authority Coordination of Government Activities in the Territories
(COGAT) there is an email and a phone number by which people could contact COGAT in order to seek
information about their residence status. However, Gisha has not tested this avenue for inquiry.284
Meeting with Mr. Malik Taha, General Manager of the Palestinian
Population Registry, 2 April 2019, Ramallah
The General ’Authority’ of Civil Affairs is an institution within the Palestinian National Authority. The agency
was established to follow up on the implementation of the agreements with the Israeli authorities and
specifically with regards to the civil portfolio related to these agreements. Among the agency’s tasks is
registration of the population.
285
165. All Palestinians below the age of 16 years of at least one registered Palestinian parent, born in the
West Bank, the Gaza Strip or abroad can be registered in the Palestinian Population Registry. Even if the
child has lost his/her registered parent(s), the child could still register. Palestinians above the age of 16
years cannot be registered and have to apply for family reunification if they want to reside in the West
Bank or the Gaza Strip.
166. Registration in the Palestinian Population Registry requires presence. Document requirements when
registering include an original birth certificate and a copy of one parent’s ID-card. In case one of the parents
is foreigner, a copy of her/his passport and a copy of the marriage certificate will also be required. The
registration process is short. Under normal circumstances, it takes about one week from application to
registration.
284
285
COGAT: contact information to seek information about residence status,
url
The Palestinian National Authority, the General Authorities of Civil Affairs, who are we,
http://gaca.gov.ps/StaticPage.aspx?id=2
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167. Children below the age of 16 years of at least one registered Palestinian parent can enter the West
Bank and the Gaza Strip accompanied by the registered parent or both parents if they are registered.
Unregistered Palestinian children between the age of 14 and 16 years who want to enter the West Bank
need prior permission from the Israeli authorities.
168. Entering the Gaza Strip needs coordination with the Egyptian authorities. Palestinians from the Gaza
Strip who arrive in Cairo Airport should have an Egyptian passing permit. Children below the age of 16 years
need an aliens’ passport when entering the Gaza Strip through Rafah border crossing. This does not apply
for children below the age of 16 years who want to enter West Bank with one or both parents.
169. Palestinians who have left the West Bank and the Gaza Strip before the Oslo Accords and have not
returned have since been revoked from the registry system. Palestinians who have left the West Bank and
the Gaza Strip after the Oslo Accords are still registered in the Palestinian Population Registry and can
return to the territories without prior application.
170. The Palestinian ID-card issued by the Palestinian Authority has no expiration date. A Palestinian
abroad who has forgotten his/her ID-number can, by a proxy, contact the Civil Administration and request
the ID-number. Requirements in this regard include the name of the applicant, name of the father and
mother, the date of birth and the place of birth of the applicant. A Palestinian ID card equals a residence
permit.
171. Along with the ID-card follows a white data print with information of the ID-card holder’s father and
mother, civil status, name of spouse and children. When the holder’s children reach the age of 16 years,
their information will be deleted from the data print.
172. Any family member or relative can be the reference for a Palestinian applicant living abroad applying
for family reunification. In theory, family reunification to the West Bank and the Gaza Strip is possible, but
in practice all applications have been frozen since 2003.
Meeting with Mr. Ammar Dwaik, Independent Commission for Human
Rights (ICHR – Ombudsman), Ramallah, 2 April 2019
The duty and responsibility of ICHR is to follow-up and ensure that different Palestinian laws, by-laws and
regulations, and the work of various departments, agencies and institutions of the State of Palestine and the
Palestine Liberation Organization meet the requirements for safeguarding human rights.
286
Complaints
173. The Ombudsman does not process complaints against Israel, as he does not have any jurisdiction
over the Israeli authorities. Complaints against Israel are not within his mandate. Registered Palestinians
have other venues for complaining against Israeli decisions. Complainants on permits or family unification
can be addressed through the Palestinian Civil Affairs or by hiring an Israeli lawyer or contacting an Israeli
286
ICHR’s website,
About us,
url
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NGO. If a Palestinian complains about the Palestinian Civil Affairs not helping them with their case, the
Ombudsman can ask the authority to do their job, but if the Civil Affairs are not doing their job, because the
Israeli authorities are not doing their job, the Ombudsman cannot help.
174. The Ombudsman process complaints related to the Palestinian Population Registry. He has for
instance received a complaint on behalf of hundreds of Palestinians returning from Syria to the Gaza Strip,
who do not hold a Palestinian ID number. These people cannot obtain an ID card as Israel will not approve
their registration. Consequently, they face difficulties as their stay in the Gaza Strip is considered illegal, and
they cannot leave the Gaza Strip as they do not hold an ID card.
175. For Palestinians without an ID number, who are stateless, there is no avenue for complaint, and it
would be very difficult to be granted an ID number. The only way into the West Bank and the Gaza Strip for
stateless Palestinians would be via family unification which is not a clear process and in addition highly
dependent on the political situation.
176. Finally, the Ombudsman also receives complaints against the de facto authority in the Gaza Strip,
Hamas. In 2017, when a Hamas operative was killed, Hamas imposed a blockade on everybody, and no one
was allowed to leave without prior permission from Hamas. Hamas has the control of the Rafah Border
Crossing on the Palestinian side and controls all entries and exits from the Gaza Strip side. Furthermore,
Hamas has a checkpoint on the Palestinian side of Erez. Palestinians leaving the Gaza Strip through the Erez
Crossing need permission from Hamas. The Ombudsman does not receive complaints from Palestinians not
being able to enter the Gaza Strip, but he does receive complaints about Gaza Strip residents not being able
to exit Gaza.
Entering East Jerusalem, the West Bank and the Gaza Strip
177. In terms of which entry points an individual Palestinian can enter through, i.e. East Jerusalem, the
West Bank and the Gaza Strip, it depends on the ID card that s/he holds. Palestinians from East Jerusalem
hold a blue ID-card, which is a residency card, while Palestinians from the West Banker and the Gaza Strip
hold a green Palestinian ID-card. Blue ID card holders can enter through Ben Gurion airport and through the
Allenby Bridge, while green ID card holders can only enter through the Allenby/King Hussein Bridge.
Palestinians from the Gaza Strip with a Palestinian ID card can enter through the Rafah Border Crossing,
while Palestinians from the West Bank with a Palestinian ID card need prior coordination with the Egyptian
Ministry of Interior if they want to enter through the Rafah Border Crossing. All three types of ID are fully
controlled by the Israeli authorities in the sense that they have the sole power to grant and revoke these ID
cards.
178. The Jordanian authorities differentiate between Palestinians from the West Bank and Palestinians
from the Gaza Strip. Palestinians from the West Bank can enter Jordan at any time through the
Allenby/King Hussein Bridge, and no prior permission or visa is needed. If a Palestinian from the West Bank
is security blocked, s/he will not be allowed entry.
179. Palestinians from the Gaza Strip entering Jordan need prior coordination with the Jordanian
authorities. Palestinians from the Gaza Strip are not allowed to enter the West Bank without prior
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permission from the Israeli authorities. Palestinians from the Gaza Strip, who overstay their permit in the
West Bank, risk arrest and deportation back to Gaza.
180. Israel treat registered Palestinians from the West Bank and the Gaza Strip as Palestinians no matter
what other nationalities they might have.
181. A Palestinian passport is required when passing the Jordanian side of the Allenby/King Hussein
Bridge, while either a Palestinian ID card or a Palestinian national passport or both are required when
passing the Israeli side of the bridge.
182. When a Palestinian from the West Bank leaves the West Bank, s/he produces his or her Palestinian
passport at the Allenby/King Hussein Bridge. In case the person in question does not have a passport, s/he
can buy a so-called ’traffic permit’ at the border crossing and use it along with his or her ID card to leave
Israeli borders. But the Jordanian border control needs to see a passport; either a laissez-passer or a
Jordanian passport or another passport along the ’traffic permit’
183. The Israeli authorities have the full control of all borders, except the Rafah Border Crossing, and have
the power to approve or deny each entry and exit.
184. Hamas sometimes put restrictions on people in the Gaza Strip; e.g. in 2017 where Hamas imposed a
blockade on people so no one could leave the area. However, there are no cases where Hamas did not
allow people with proper identification to enter. A Palestinian with a valid ID should be able to enter
without problems; unless s/he faces a trial.
Returning from abroad
185. Returning after years abroad is possible, if the person concerned has maintained his/her Palestinian
ID. A prior application for returning to East Jerusalem, the West Bank or the Gaza Strip is not required.
When it comes to the Palestinian from East Jerusalem, returning depends on the time spent abroad, as
Israeli law allow the revocation of a residence permit for East Jerusalem residents if they have been abroad
or spend time outside Jerusalem for a particular period of time. The Israeli Ministry of Interior has the
discretion to strike them out from the registry. Residency in the West Bank is more durable. Under the
current regulations, there is no time limit for return; even Palestinian West Bank residents who have spent
twenty years abroad will be able to re-enter. As long as these people still have their ID/have maintained
their residency, they can come back at any time.
186. Palestinians from East Jerusalem whose residence permit has been revoked cannot take permanent
residency in the West Bank or the Gaza Strip, as the Palestinian authorities do not provide them with an ID
number. The Palestinian authorities do not want to encourage the Israelis to maintain their practice with
revoking the permanent residency of the Palestinians from East Jerusalem. If a Palestinian from East
Jerusalem loses his/her residence permit, s/he literally becomes stateless. In some cases where Palestinians
from East Jerusalem had their ID card revoked, they filed a court petition through a lawyer. During the
processing time of the court, that might take years, they can still be allowed exit and entry after approval of
the Israeli Ministry of Interior. Permission must be given for each entry and exit.
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187. The Jordanian Government provides Palestinians from East Jerusalem with a temporary passport,
issued for five years. However, this passport is not considered a Jordanian citizenship.
188. Registered Palestinians who have left the West Bank or the Gaza Strip before the Oslo Accords and
who have been abroad for more than five consecutive years will lose their ID number. These individuals
cannot return to the Gaza Strip and the West bank, unless s/he is granted a nationality passport from
another country.
189. Registered Palestinians who have left after the Oslo Accords will not be removed from the Palestinian
Population Registry and can return at any time; unless they are banned for security reasons.
The Palestinian Population Registry
190. The Palestinian Population Registry is created by Israeli authorities and is controlled by Israeli
authorities. It was established after the census in 1967, and every Palestinian resident got a Palestinian ID
number at that time. Children of registered Palestinians can register until the age of 16 years. The
management of the registry was handed over to the Palestinian Authorities after the Oslo Accords.
However, the control of the database is still in the hands of Israeli authorities. The Palestinian authorities
transfer their updates to the Israeli authorities on a monthly or weekly basis. Israel has to approve a change
in the registry before it is considered valid.
Family reunification
191. If a Palestinian wants to reside in the West Bank or the Gaza Strip, s/he has to have a valid national ID
number. For Palestinians who do not have an ID number, applying for family reunification is possible.
However, it is a very complicated process and dependent on the political situation. Acceptance of
applications by the Israeli authorities has been frozen since 2003, with the exception of very few cases in
which the applicants paid money or if they are well connected with Israeli authorities or lawyers, but it is a
very difficult process. There have been no mass approvals since that year. It is difficult to obtain a work
permit in the West Bank from Israel.
192. The bottom line is that if a person of Palestinian origin does not have an ID-number, it is very difficult
for this person to enter: unless s/he has a foreign nationality. If so, s/he can apply for a visa limited for a
three months’ stay.
Meeting with a humanitarian organisation, 2 April 2019, Jerusalem
193. After the war in 1967, Israel immediately conducted a population census. Anyone who fled the
territory during the war was removed from the population registry and not allowed to return. Since then
anyone residing in the captured territories that went abroad and did not return within seven years was also
removed from the population registry. After the signing of the Oslo Accords in 1994 this was no longer the
case for Palestinians, with the exception of those living in East Jerusalem.
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194. Administrative processes of the Israeli Ministry of Interior are very complicated when it comes to
family reunification, renewal of documents, visitor’s permits etc. for Palestinians. In addition, the processes
are lengthy.
Residency in East Jerusalem
195. In addition to travelling abroad, there are ways on the ground that would cause a Palestinian from
East Jerusalem to lose his/her residency. As an example, an individual who lives outside certain areas will
be seen as not having his/her ‘centre of life’ in East Jerusalem. Consequently, this individual would risk
losing his/her residence permit in East Jerusalem. For instance, a Palestinian from East Jerusalem caught
residing in the West Bank, even if only for a period of weeks, could risk having his/her permanent residency
revoked. Any resident of East Jerusalem, who have his/her residency revoked is not given any other type of
residency, and hence is rendered stateless. If a Palestinian East Jerusalem resident leaves for a period of
one to three years, s/he risks losing his/her residence status.
196. If an East Jerusalem resident leaves for longer periods of time, s/he would have to come back
frequently to renew his/her residence status by maintaining what Israeli authorities denominates as ‘centre
of life’.
197. Palestinians are not always notified by the authorities when their residence permits in East Jerusalem
is revoked. There have been many cases where people travelled abroad and in their encounter with the
Israeli authorities at the borders, they found out that their residence permit was revoked.
198. The jurisdiction regulating Palestinians’ residency in East Jerusalem is listed with the Israeli ministry
of interior. Israeli authorities could potentially revoke residency from Palestinian residents of East
Jerusalem for any reason; e.g. for not having allegiance with the State of Israel. The Israeli state considers
Palestinians as foreigners, not citizens. It is possible to appeal the revocation by the Ministry of Interior
through the Israeli appeal tribunal; if the revocation is upheld, the person can file an administrative petition
to the district court. In a limited number of cases the revocation is reversed.
199.
Previously, the blue ID card held by Palestinian East Jerusalem residents did not have an expiration
date. Nowadays it has to be renewed every 10 years. Renewal is a long process where the holder has to
prove his/her ‘centre of life’ in East Jerusalem. Proof presented to the authorities could be electricity bills
and payslips from East Jerusalem. In addition, Israeli authorities do residence inspections. This is a
problematic process which started three or four years ago. Recently, the Israeli authorities started issuing
biometrical ID cards. The expiration of these cards is probably longer; however not known to
the
humanitarian organisation.
200. If a Palestinian resident of East Jerusalem has been abroad to study or for a longer period of time,
s/he has to stay for one to two years in order to prove that his/her ‘centre of life’ is in East Jerusalem. In
addition, the person in question has to document what s/he did outside the country. If the person in
question has acquired or applied for a foreign citizenship or permanent residency abroad, the Israeli
authorities will revoke his/her stay permit in East Jerusalem.
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201. Israeli law dictates that inhabitants of East Jerusalem have to be loyal to the state. If a resident in
East Jerusalem is not loyal to the state, s/he will lose his/her residence permit.
The Humanitarian
Organisation
is aware of three cases where East Jerusalem residents have lost their residence permit in the
city due to Facebook postings that the Israeli authorities presumed indicated links to organisations like
Hezbollah and Hamas. In such cases it is possible to make an appeal through the Israeli court system.
202. Generally speaking, punitive revocation of citizenship rights is applied by Israeli authorities in order
to prevent public uprising and keep Palestinians from committing acts of violence against Israeli citizens. In
case a Palestinian commits violence against an Israeli citizen, the relatives of the perpetrator risk losing
their residence permit in East Jerusalem. Then they have to go back to the West Bank to live there.
However, in the West Bank such Palestinians would be considered stateless, because the Palestinian
authorities cannot grant him/her an ID-card without the approval of the Israeli authorities. Their social
rights are lost. Since the Palestinian authorities cannot grant citizenship without acceptance from Israeli
authorities, such cases easily become political bargaining chips.
Entry from abroad
203. Only when the local Palestinian authorities started issuing ID cards for Palestinians in 1994, their
residency became permanent. This means that Palestinians who left before 1994 cannot come back. Those
who left after 1994 can enter again, regardless of how long they have stayed abroad. However, they can
only enter by land on their Palestinian national documents, i.e. their Palestinian Authority (PA) issued ID
card and travel document/passport.
204. They cannot travel through Ben Gurion Airport. Only Palestinians who have permits to come back for
family reunification can travel through Ben Gurion Airport. Travellers holding a foreign passport from a
country that has diplomatic relations with Israel can enter on a three month tourist visa issued to them at
Ben Gurion Airport.
205. In general, Palestinians with a valid ID card or a Palestinian passport can enter; either one of the
documents can be used to enter. Even if the documents are expired the border control will give the person
in question a note stating that the person is obliged to renew the document before s/he leaves the territory
again. The border control will ask for both ID-card and passport, but as long as the person in question is
registered in the Palestinian Population Registry, s/he can enter. However, s/he will not be able to leave the
country until the documents are renewed. Palestinians originally from the West Bank or the Gaza Strip
need final approval from Israeli authorities in order to get a national passport and a national Palestinian ID
card.
Entry to East Jerusalem
206. Palestinian East Jerusalem residents’ only hold a temporary Israeli travel document; i.e. a laissez-
passer. This indicates that they only live temporarily in East Jerusalem. Whenever these people leave and
come back, they will be issued with an entry visa to Israel. When they exit Israel, their travel document will
be stamped. This applies for travel through Ben Gurion Airport as well as travel through other exit points.
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207. When Palestinian residents of East Jerusalem travel abroad, they do not show the laissez-passer itself
to the Israeli authorities. Instead, they produce their blue ID card. Previously, they had to hand over their
blue ID, now they just show it to the border guard, and they will be issued an exit permit.
208. In 1997, the Israeli authorities created a black list where some of the families from East Jerusalem
were denied coming back to the country. The
Humanitarian Organisation
was unaware of the grounds for
being added to the list.
Entry to the West Bank
209. In order to cross the Allenby/King Hussein border crossing point from Jordan into the West Bank, a
Palestinian has to produce a Palestinian ID card and/or a Palestinian passport with a national number. Even
though the Israeli border guard will ask for both documents, in practice only one of the two is needed in
order to cross, and it does not have to be valid.
Entry to the Gaza Strip
210. At the Rafah border crossing point, Palestinians from Gaza cannot cross all the time. There are
certain periods of time where the crossing is open, and people face various obstacles on the borders when
they are travelling back from abroad.
211. Since 1994 the West Bank and the Gaza Strip have essentially been segregated. However, over the
years certain people from the Gaza Strip have had temporary permits to enter East Jerusalem and the West
Bank. Palestinians from the Gaza Strip are unable to change their address from the Gaza Strip to the West
Bank or East Jerusalem.
287
287
The following information was sent from the humanitarian organisation by email on 30 April 2019:
Concerning freedom of movement of the residents of the Gaza Strip:
Rafah Border Crossing
-
The current working mechanism: 5 days, from Sunday to Thursday. Fridays and Saturdays are off.
Mondays, Wednesdays and Thursdays are for ordinary travelers, Sundays and Tuesdays for pilgrims.
-
The number of non-pilgrim departures is estimated at 350, and 250 arrivals per week.
-
Number of daily working hours: from 10 AM – 12 PM noon for departures. From 12 PM - 7 PM or 8 PM for arrivals.
-
Since the beginning of the pilgrimage travel season, ordinary travelers have not been compensated by other days or
increased number of departures in the three days allocated to them.
-
One of the advantages of the working mechanism of the Crossing is that the departures do not stay at the Crossing and arrive
in Cairo on the same day.
-
One of the disadvantages is that the return trips lasts for two or three days.
Erez (Beit Hanoun) Crossing:
-
Applications are submitted to the Directorate of Civil Affairs in Gaza and then sent to the Israeli Directorate of Liaison and
Coordination.
-
Applications by patients are examined within 23 working days. The patients are informed of the approval or rejection, or that
the application is under examination, one day before the appointment in the hospital.
-
The requests to travel to Jordan for different purposes are examined within 50 working days. The citizens leave the Civil
Affairs Office to Allenby Bridge by bus at 7 AM.
-
The applications to visit sick first-degree relatives or to attend the wedding of first-degree relatives in the West Bank,
Jerusalem and the territories of 48 are examined within 50 working days.
-
The applications to attend interviews at foreign embassies are examined within 50-70 days. The response is given during this
period.
-
The age of people accompanying others is set at 45 for women and 55 for men.
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Family unification
212. There is no way of getting family unification for foreign spouses married to Palestinians. Foreign
spouses can enter on visas issued by Israeli authorities. However, the length of a visa issued by Israeli
authorities for a foreign spouse of a Palestinian is unpredictable.
213. Technically, the Palestinian authorities are able to grant family reunification or residence permits for
foreign spouses of Palestinians. However, Israel can veto for security reasons. Israel has used this veto
system systematically. The modus operandi of the Israelis is to never decide the cases. Consequently, it is
not possible to make an appeal.
214. The Israeli policy is unclear when it comes to family unification of Palestinians. It is said that family
unification will be granted in a severe humanitarian situation.
The Humanitarian Organisation
has never
seen family unification granted for Palestinians based on a severe humanitarian situation.
215. In theory, anyone who applied for family unification between East Jerusalem residents and residents
of the West Bank before 2003 can continue with their process. However, it is a prerequisite that the
woman is older than 25 years and the man older than 35. However, family unification between East
Jerusalem and West Bank ID Holders has been frozen for nearly 20 years.
Consequences of Illegal Exit
216. It is almost impossible to leave the West Bank illegally. The only case on the West Bank would be
someone smuggled out or a wanted person who slipped through the security cracks. These people cannot
come back. If they come back, they will be arrested.
Registration of Children
217. A child of parent(s) from the West Bank, the Gaza Strip and East Jerusalem holding a valid ID can
register before s/he turns 16 years. After that, s/he cannot register except through family reunification.
Family unification is only possible for first of kin, and it is not possible to apply by proxy. Thus, children born
abroad have to enter the West Bank or East Jerusalem in order to apply.
218. With regard to child birth and registration in East Jerusalem, the parents have to go through the
‘centre of life’ assessment process, if there is more than four years between each child.
219. Children of Palestinian parents from East Jerusalem born abroad need a special kind of visa in order
to enter the country with their parents if they are more than five years of age. If a child is more than 12
years, it becomes problematic for the child to register in East Jerusalem. The family has to stay in Jerusalem
-
Responses from the Israeli Directorate of Liaison and Coordination are sent by SMS to citizens through the Civil Affairs Office
(under examination, refusal or approval, or no response at all). The applications are rejected because of the presence of a violating
relative in the West Bank, a relative affiliated with Hamas, the medical treatment is available in the Gaza Strip, not allowing the
parents to accompany a sick son, or for other reasons.
-
Note: through our work as lawyers at Al-Mezan Center for Human Rights, we assist patients. The number of requests that are
rejected or under examination is not small, and are dealt with in the necessary humanitarian and legal form. The result is
sometimes positive. There are also interventions by the Palestinian Center for Human Rights.
The number of monthly interventions is estimated at 100-180.
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for two consecutive years in order to get the child registered. After 14 years it becomes almost impossible.
In order for children born abroad to obtain residency in East Jerusalem, the parents have to stay in the city
for two years and prove that they have their ‘centre of life’ in East Jerusalem.
220. Some Palestinians do not register their children, because there might be negative consequences of
registration. Palestinian ID card holders are subjected to restrictions with regard to movement inside the
country and to enter the country. E.g. registered Palestinians cannot use Ben Gurion Airport. Consequently,
some parents prefer that their children can come as tourists.
Meeting with an international agency, 4 April 2019, Tel Aviv
Opening of and the control with the Rafah Border Crossing
221. The Egyptian authorities control the opening and closing of the Rafah Border Crossing; it has been
open on a regularly basis since May 2018, with an exception in January 2019, where it was closed for 14
days. The border is open from sun rise until sunset five days a week and is closed on Fridays, Saturdays and
holydays.
222. The Egyptian authorities inform the Palestinian General Authority for Borders and Crossings placed in
Jericho, The West Bank, and the
de facto
authorities in Gaza, Hamas, when the border is open and closed.
Hamas will afterwards release the information to the media. Notification by the Egyptian authorities is
usually given with a short notice. The information about the opening and closing of the Rafah Border
Crossing is also available online on the websites of the General Authority for Borders and Crossings and
Hamas’ MoI Office in Gaza.
288
Discrepancy in the information provided on their websites on whether the
border is open or closed is based on political disagreement.
Requirements and procedures
223. The procedures in place at the border crossings to the Gaza Strip are not accurate, nor transparent.
They are not bounded by strict rules; including at the Israeli side. In particular, the situation at the Rafah
Border Crossing is fluid.
224. Generally, Palestinians returning to Gaza from abroad via Egypt, both men and women, will be
escorted in a military convoy from Cairo Airport directly to the Rafah Border Crossing. The trip from Cairo
airport to the Rafah Border Crossing typically takes about 48 to 72 hours, and the waiting time at the
Egyptian side of Rafah is usually between two and three hours. Before May 2018, the waiting time for entry
could be longer. If the border is closed travellers have to wait until the border reopens, either at Cairo
airport or at the Egyptian side of the border, or they have to return back.
225. The Egyptian border authorities only require Egyptian entry visas for Palestinians arriving from
abroad and who want to spend time inside the country. For Palestinians who want to travel directly to the
Gaza Strip, a visa is not required. However, Palestinian men between the age of 16 and 40 years arriving
from abroad are never allowed inside Egypt, as visa is not granted under any circumstances. They will
288
Palestinian Authority, Authority for Borders and Crossings,
url
De facto authority in the Gaza Strip, Hamas’ Ministry of Interior Office in Gaza,
url
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always be deported directly to the Rafah Border Crossing in a military convoy. If they are accompanied for
instance by a wife and/or a child, the wife and/or child can be allowed to spend time inside Egypt, but the
husband/father has to remain in a restricted area of Cairo Airport under military surveillance/custody until
the military convey to Rafah is organized. Palestinian men above the age of 40 years can theoretically get a
visa to Egypt upon request, but it is easier for older people. Men in their 60s or 70s are more likely to be
granted entry visa to Egypt.
226. Applying for a visa is possible at any Egyptian consular representation abroad.
Who can enter?
227. Any Palestinians passport holder, who is registered in the Palestinian Population Registry, is allowed
to enter the Gaza Strip through the Rafah Crossing Border. For visit only, unregistered Palestinians, who can
prove their ties/affiliation to first blood relatives living in the Gaza Strip, will also be allowed to enter.
Unregistered Palesitinians will not be entitled to an ID card. Foreign passport holders might be allowed
entry if s/he provides evidences that his/her first blood relatives live in Gaza.
228. A Palestinian national ID card and/or a Palestinian national passport is required when entering the
Gaza Strip. Unregistered Palestinian children born abroad below the age of 16 years have to be
accompanied by their parents when entering the Gaza Strip. An original birth certificate that proves the
affiliation with the registered Palestinian father will be required.
229. Palestinians above the age of 16 years, who are unregistered in the Palestinian Population Registry,
and who do not hold a foreign passport, seeking to enter the Rafah Crossing, do not occur simply because
the Egyptian authorities will not allow these persons to reach the Rafah Border Crossing. If such persons
land in Cairo Airport they will be returned to their countries of origin.
230. Members of official delegations, aid convoys or diplomats, holding a foreign passport are allowed to
enter the Gaza Strip through the Rafah Border Crossing only upon written permission from the Egyptian
Ministry of Foreign Affairs.
231. With regard to holders of a foreign passport and who do not have permission by the Egyptian
Ministry of Foreign Affairs, they cannot enter the Gaza Strip through the Rafah Crossing Border. As
mentioned earlier, entry might be allowed for a foreign passport holder if s/he provides evidences that
his/her first blood relatives live in Gaza. Permission in this case will be given in written form. A Palestinian
holding a foreign travel document will be allowed to enter the Gaza Strip only if s/he holds a Palestinian ID
card too. In case, s/he does not hold an ID card, s/he will not be let into the Gaza Strip. As mentioned
earlier, a foreign passport holder might be allowed entry if s/he provides evidences that his/her first blood
relatives live in Gaza.
Different authorities in control at the Rafah Crossing
232. The
de facto
government in Gaza, i.e.
Hamas,
allows anyone to enter the Gaza Strip. For the Egyptian
authorities, there could be situations of blacklisted Palestinians that are not allowed to leave Egypt and
enter the Gaza Strip. Usually, the permission to leave Egypt is granted by the Egyptian authorities, but in
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sensitive cases the decision is taken after coordination with the Israeli authorities, e.g. some
Hamas
members living abroad, members of NGOs categorized as supporters of the
Boycott, Divestment and
Sanctions movement.
In case that Israel does not approve the entry of a specific person, permission is not
granted by the Egyptian authorities. As a direct consequence, these persons cannot reach the Palestinian
side of the Rafah Border Crossing, meaning that they are not allowed to leave Egypt.
233. Under
Hamas
ruling of The Gaza Strip, a permission to enter is granted for all those who manage to
get a permission to leave Egypt. Within the Palestinian understanding, an expiring date on an entry permit
is not relevant, as entry permits issued by
Hamas
has no expiration date. However, there is an Egyptian exit
permit expiring date. The exit permits issued by Egypt for members of official delegations, aid conveys and
diplomats are granted for specific periods of time and they have an expiration date. An application for a
renewal can be submitted to the Egyptian authorities. Good connection in this matter is useful.
Frequency of entry granted
234. Regarding the rate of entering the source did not have accurate data. However, in their estimatethe
percentage is higher than 97 per cent. In principle, whoever is able to reach the Egyptian side of the Rafah
Crossing, s/he will be allowed to enter the Gaza Strip. The source believe that the rejections at entering are
strictly connected with Palestinians living abroad but considered terrorist by the Israeli authorities and then
banned in cooperation with Egypt.
Exiting Gaza in general
235. Exiting the Gaza Strip through the Rafah Border Crossing is a complex process, as it is costly and
requires prior coordination (Arabic:
tansiq)
with the Egyptian authorities and the
de facto
government in
Gaza,
Hamas.
The price for the coordination is up to 4,000 USD. In addition, there is a regular exit fee of 65
NIS paid to Palestinian authorities. For Palestinians exiting Gaza, there is no visa requirement for Egypt. 96-
97 per cent of the travellers from Gaza, who apply for exit, are allowed to enter Egypt. Those rejected by
Egypt are always rejected for security reasons. However, there are cases where travellers, who already
paid, were denied entry by the Egyptians authorities for security reasons.
Illegal exit
236. A person, who has left the Gaza Strip illegally and re-enters, will be arrested
Hamas
and will be
heavily interrogated; usually for one to three weeks. Then the person in question will be blacklisted and
barred from entry into Egypt; in theory for the rest of his/her life. Currently, illegal exit from the Gaza Strip
is very difficult, as many of the tunnels that used to be utilized for illegal exit have been destroyed, and the
ones left are controlled by
Hamas.
Erez Crossing
237. There is only one way to enter the Gaza Strip from Israel and vice versa; it is through the Erez
Crossing. Registered Palestinian residents of the Gaza Strip, who want to travel into Israel or the West Bank,
have to apply for permission to cross. If they get an entry permit, it will fall into one of the following
categories:
1. A one day permit only for individuals travelling for medical examination, courts appearance, visiting
relatives in an Israeli prison;
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2. a one month’s permission for (small) merchants;
3. a three months’ permission for businessmen or
4. a six months’ permission for VIP businessmen and diplomats.
238. In this regard, an entry permit also implies that the person in question is also allowed to return to the
Gaza Strip through the Erez Crossing.
239. Usually, Palestinians from the Gaza Strip are not allowed to depart from or arrive to Israel through
Ben Gurion Airport.
240. Israeli citizens as well as East Jerusalem Palestinians are not allowed to enter the Gaza Strip. In
principle, Israeli citizens are not allowed into the Gaza Strip, but in very few cases in the business category
some Israeli citizens are granted with permission by the
Coordination of Government Activities in the
Territories
(COGAT). The vast majority of East Jerusalem Palestinians are holders of Jordanian Passports and
based on this fact they can enter the Gaza Strip through Rafah (for visit only) as foreign citizens (Jordanians)
with a pre-approval of Egyptian authorities. In reality it doesn’t happen.
241. Foreigners who want to enter the Gaza Strip through the Erez Border Crossing have to submit an
application to the Israeli authority COGAT. It seems that there’s an exception from this rule, only for
journalists. They do not have to apply to COGAT but they submit an application to JPO (Journalist Press
Office) in Jerusalem which is an ISR body. The JPO coordinate with the Media Office in Gaza (controlled by
Hamas) and then issues the Gaza Visit Permit that will allow the journalist to cross the border into Gaza
Strip through Erez Crossing.
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Meeting with Mr. Mohammed Mansour, the Undersecretary of the Interior
Ministry; Mr. Mahmoud Salahaldin, Brigadier General Doctor, International
Relations, Ministry of the Interior; Nasser Al-Sharebarti, Civil Status
Directorate, 2 April 2019, Ramallah
242
243
244
245
246
247
248
249
250
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251
252
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253
254
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Appendix 2: Terms of Reference (ToR)
Access to the West Bank, East Jerusalem and the Gaza Strip for Palestinians
I. ENTRY
1. Palestinians who resided abroad; including Palestinians born abroad by officially registered Palestinian
parents
1.1. Official entry procedures:
1.1.1.The West Bank through Jordan via the Allenby Crossing/ the King Hussein Bridge crossing;
1.1.2.The West Bank or East Jerusalem through Israel via Ben Gurion Airport;
1.1.3.The Gaza Strip via the Rafah Border Crossing;
1.1.4.The Gaza Strip via the Erez Border Crossing.
1.2. Consequences of illegal exit.
1.3. Israeli authorities’ decision parameters when processing entry permit applications.
1.4. Frequency of entry permits granted.
II. RESIDENCY
2. Palestinians who resided abroad; including Palestinians born abroad by officially registered Palestinian
parents
2.1. Application procedures:
2.1.1.Permanent residency on the West Bank;
2.1.2.Permanent residency in the Gaza Strip;
2.1.3.Permanent residency in East Jerusalem; Family reunification from the West Bank to the Gaza
Strip and vice versa;
2.1.4.Family reunification from the West Bank and the Gaza Strip to East Jerusalem and vice versa;
2.1.5.Family reunification for a Palestinian living abroad to East Jerusalem, the West Bank and the
Gaza Strip.
2.2. Authorities’ decision parameters when processing applications.
2.3. Frequency of residency permits granted.
III. PALESTINIAN POPULATION REGISTRY
3. Procedures:
3.1. Registration of a child of registered parents born abroad;
3.2. Verification of ID-number or name of a person in the registry via the Israeli/Palestinian authorities.
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Appendix 3: Exit permit from East Jerusalem (anonymised
copy)
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Appendix 4: Map of the Gaza Strip, Access and Movement
Source: United Nations Office for the Coordination of Humanitarian Affairs (OCHA),
Gaza Strip, Access and
Movement, December 2018,
url
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Appendix 5: Map of the West Bank, Access Restrictions
Allenby/King Hussein Bridge
Source: United Nations Office for the Coordination of Humanitarian Affairs (OCHA),
West Bank, Access
Restrictions,
July 2018,
url
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