Israël

Discriminatory law approved by the
Knesset

ISRAEL

Paris, 31 July 2003.

The International Federation for Human Rights (FIDH) expresses
its deep concern at the Citizenship and Entry into Israel Law
(temporary order 5763) passed in a rush at the Knesset today.

This law forbids residents of the Occupied Palestinian
Territories married to Israeli citizens or Palestinian residents in
Israel to live lawfully in Israel with their companion. This law,
which aims at preventing family unification, and which also applies
retro-actively, will affect tens of thousands of couples. Moreover,
the law will also harm the children born to those couples born in
the Occupied Palestinian Territories: children under the age of 12
will be granted special residence permits, but the law is unclear as
to the status of those children above the age of 12.

Since 1967, Israelis who married residents of the Occupied
Palestinian Territories had to apply for family unification to
obtain a legal status for their spouse in Israel. Since September
2000, the issuing of residence permits for Palestinian spouses had
been effectively frozen and on 12 May 2002, the Israeli government,
by a unanimous decision of the cabinet, decided to freeze all
request for family unification. The new draft law was submitted to
the Knesset on June 4, 2003 and passed on 31st July.

This law directly discriminates against Arab citizens of Israel
as a majority of Israelis married to residents of the Occupied
Palestinian Territories belong to the Palestinian minority of Israel
(about 20% of the Israeli population). Thus, it contravenes to many
international human rights instruments ratified by Israel, and in
particular article 5 (d) (iv) of the Convention on the Elimination
of All forms of Racial Discrimination (ratified by Israel in 1979)
guaranteeing “the right of everyone, without distinction as to race,
colour or national or ethnic origin, to equality before the law in
the enjoyment of (…) the right to marriage and the choice of
spouse”.

Press Contact: 33 1 43 55 25
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