Details
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- The Nationality and Entry into Israel (Temporary Order) Law (2003) and its 2005 amendment applies to "residents of the region" which it defines in Article 1 as residents of the West Bank or Gaza, whether they are registered with the Israelis or not.
Then in Article 2, these "residents" are forbidden nationality and entry into Israel.
But then in Article 3, various temporary exceptions are listed, but many families do not qualify fo these permits.
This law is discriminatory and racist because it's overt rationale (security of Israel) assumes that all Palestinian Arabs are terrorists, and its covert rationale (to reduce the demographic impact of Palestinians on Israel's efforts to maintain a Jewish majority - is a form of Ethnic Cleansing).
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NATIONALITY AND ENTRY INTO ISRAEL (TEMPORARY ORDER) LAW (2003) (AMENDMENT 2005) |
| Definitions. |
- 1. In this Law –
- “region” – each of these: Judea and Samaria and the Gaza Strip;
- “Nationality Law” –Nationality Law, 5712 – 1952;(1)
- “Entry into Israel Law” –Entry into Israel Law, 5712- 1952;(2)
- “regional commander” – for Judea and Samaria, the commander of forces of the Israel Defense Forces in Judea and Samaria; for the Gaza Strip, the commander of forces of the Israel Defense Forces in the Gaza Strip or a person who shall be authorized by the Interior Minister with the consent of the Minister of Defense.
- “resident of the region” – a person who is registered in the region's Population Registry and a person who lives in the region even if he is not registered in the region's Population Registry excluding a resident of an Israeli settlement in the region.
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| Restriction on nationality and residence in Israel. |
- 2. During the period in which this Law shall be in effect, notwithstanding the provisions of any law, including section 7 of the Nationality Law, the Minister of Interior shall not grant a resident of the region nationality pursuant to the Nationality Law and shall not give a resident of the region a permit to reside in Israeli pursuant to the Entry into Israel Law. The regional commander shall not give such resident a permit to stay in Israel pursuant to the defense legislation in the region.
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| Reservations. |
- 3. Permit for Spouses - Notwithstanding the provisions of Article 2, the Interior Minister may, at his discretion, approve an application of a resident of the region to receive a permit to stay in Israel from the regional commander -
- (1) regarding a [male] resident of the region who is over thirty-five years old – in order to prevent his separation from his [female] spouse who is lawfully staying in Israel;
- (2) regarding a [female] resident of the region who is over twenty-five years old – in order to prevent her separation from her [male] spouse who is lawfully staying in Israel;
- 3A. Permit for Children - Notwithstanding the provisions of Article 2, the Interior Minister may, at his discretion -
- (1) grant a resident of the region who is under fourteen years old a permit to reside in Israel in order to prevent his separation from a parent who has custody of him and who is lawfully staying in Israel;
- (2) approve an application for a permit to stay in Israel to be granted by the regional commander to a resident of the region who is a minor and who is over fourteen years old, in order to prevent his separation from a parent who has custody of him and who is lawfully staying in Israel and provided that such a permit shall not be renewed if the minor does not live in Israel on a regular basis.
- 3B. Additional Permits - Notwithstanding the provisions of Article 2, the regional commander may grant a permit to stay in Israel for a purpose as specified below:
- (1) medical treatment;
- (2) working in Israel;
- (3) a temporary purpose, provided that the permit to stay for such a purpose shall not exceed the cumulative period of six months.
- 3C. Special Permit - Notwithstanding the provisions of Article 2, the Interior Minister may grant citizenship or a permit to reside in Israel to a resident of the region, and the regional commander may grant a resident of the region a permit to stay in Israel if they are convinced that the said resident identifies with the State of Israel and its goals, and that the resident or his family member performed a meaningful act to advance the security, economy, or another matter of importance to the State, or that the granting of citizenship or the permit to reside in Israel or the permit to stay in Israel, as applicable, is of special interest to the State. In this paragraph, "family member" means spouse, parent, or child.
- 3D. Security Restriction - A permit to stay in Israel shall not be granted to a resident of the region under Article 3, 3A(2), 3B(2) to (3) and 4(2) if the Interior Minister or the regional commander, as applicable, determines , based on an opinion of the security agencies, that the said resident or his family member is liable to constitute a security threat to the State of Israel. In this paragraph, "family member" means spouse, parent, child, brother, sister, or their spouses.
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| International Human Rights Law concerning this form of discrimination. |
Here is what some of the international human rights laws say about this particular kind of discrimination - unequality in immigration and citizenship:
- 1. Universal Declaration of Human Rights (10 December 1948)
- Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
- Article 16.
- (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
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- 2. International Convention on the Elimination of All Forms of Racial Discrimination (21 December 1965)
- 3. International Covenant on Civil and Political Rights (16 December 1966)
- Article 23.
- 1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
- Article 26. All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
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- 4. International Covenant on Economic, Social and Cultural Rights (16 December 1966)
- Article 10. The States Parties to the present Covenant recognize that:
- 1. The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children. Marriage must be entered into with the free consent of the intending spouses.
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- 5. International Covenant on the Suppression and Punishment of the Crime of Apartheid (18 July 1976)
- Article II. For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:
- c. Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognized trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association;
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