Enrique Ferro wrote: Date: Sat, 8 Sep 2007
22:19:18 +0200
From: "Enrique Ferro"
Subject: C a m p a i g n f o r t h e R i g h t o f E n t r y / R e - E
n t r y t o t h e O c c u p i e d P a l e s t i n i a n T e r r i t o
r y ( o P t ). 2007 SUMMER REPORT
C a m p a i g n f o r t h e R i g h t o f E n t r y / R e - E n t r
y t o t h e O c c u p i e d
P a l e s t i n i a n T e r r i t o r y ( o P t )
A Grassroots Campaign for the Protection of Foreign Passport
Holders Residing in and/or Visiting the oPt
SUMMER 2007 -- SITUATION UPDATE FOR JULY & AUGUST 2007
(31 August 2007)
I. STATUS OF ENTRY DENIALS SINCE ANNOUNCEMENT OF NEW PROCEDURES IN
DECEMBER 2006
A. Recent developments
Eight months following an announcement by Israeli authorities
purportedly resolving the issue of entry denials,
the Campaign continues to document cases of persons denied entry
clearly demonstrating that Israel's regulation
of entry into the occupied Palestinian territory (oPt) by foreign
nationals remains arbitrary, abusive and
internationally unlawful.
1
Interventions by a number of third states demonstrate that they can
and must play an instrumental role in
challenging Israel's denial of entry policy:
In late July, the Spanish Consulate in Jerusalem intervened when
three peace activists from Paz Ahora, Julio
Rodríguez Bueno, Carmen Montilla and Ignacio Saldaña Herrero were
detained at the Allenby Bridge crossing.
They were trying to enter the oPt to meet 60 Palestinian children
and take them back to Spain as part of a program
called Vacaciones por la Paz (Holidays for Peace). They were
eventually allowed to enter on July 24 on a one-
week visa.
On August 9, a German citizen and Dienst service passport holder
was denied re-entry through BGA upon his
return from a trip that departed from there in July. MA not only
has a special service passport due to his work
with a German institution, he also has an Israeli issued B-1 visa,
a Palestinian ID, and has been provided lem
sheml [family unification] by Israel in order to be with his wife
and children who hold Jerusalem IDs. After 13
hours in a detention center, he was finally permitted re-entry
thanks to the direct involvement of German
Embassy officials. Israeli authorities, however, cancelled his
Dienstpass, because he holds a Palestinian ID,
thereby prohibiting his ability to access BGA for future travel.
On 13 August, Bulgaria's Consul General and a Jerusalem Legal Aid
Center attorney, Sliman Shaheen,
intervened when 65 year old Gerga Petrova Ivanova was denied entry
and detained at Ben Gurion Airport. Israeli
authorities initially refused Gerga passage to see her daughter who
resides in the oPt with her husband, a
Palestinian ID holder. After 36 hours in detention, Ms Ivanova was
given a 2-day entry permit which was
subsequently extended to 3 months upon the Bulgarian Consul
General's approach to Israeli authorities.
1
In December 2006, the Coordinator for Government Activities in the
Territories (CoGAT) outlined new procedures for entry into the
occupied Palestinian territory (oPt). On December 28, a letter
announcing the new procedures for foreign nationals wishing to visit,
live or
work in the oPt was sent by CoGAT to Dr. Sa'eb Erakat and several
diplomatic missions in Tel Aviv, including the German (then
representing the EU-presidency) and US Embassies. In March 2007, a
similar statement was issued by the Israeli Ministry of Foreign
Affairs and addressed to third state missions. On 5 March, the
Israeli Ministry of Foreign Affairs issued a statement entitled
"Transit Policy
to the West Bank via Israel."
In another possible violation of
---------------------------------
Page 2
Agreements between Israel and third States permitting passage of
their nationals without delay or hindrance
continue to be disregarded by Israel:
On July 27, Chilean Elisa Abedrapo was denied re-entry through
Allenby Bridge despite written assurance by the
Israeli Ministry of Foreign Affairs to the Chilean Government that
she would be permitted passage. Elisa is one of
two Chilean nationals whose government requested and received
written "clearance" to enter by Israeli authorities
earlier this year.
2
Ms. Abedrapo narrates her encounter at the Allenby Bridge crossing
on July 27 as follows: "The
soldier at the window said me a very nice 'hi', but suddenly her
mood changed when she opened my passport and
saw my name. She asked if I have a Palestinian or Jordanian
passport, and I told her, of course not, as 'my great
grand father went to Chile one century ago.' She asked me for the
name of my father (Jorge) and then for the
name of my grandfather (Jorge too) and then for the name of my
mother (Elisa) and if she is Arab too. After
that, the soldier told me 'go and sit.'" After further
interrogation, Abedrapo was permitted to enter on a one-week
visa with a warning that overstaying by even a single day would
result in imprisonment. After Ms Abedrapo was
denied entry in February of this year, the Chilean Government
successfully intervened on her behalf and she was
granted a 3-month tourist visa in April. This latest incident again
demonstrates that while interventions on a case-
by-case basis can be successful, resolution of the issue requires
demanding a change in Israel's policy.
In short, the denial of foreign citizens into the oPt continues to
adversely affect the fabric of family life as
many of those denied have spouses or close relatives who are
Palestinian ID holders. The denials of entry also
continue to affect economic development and the provision of
essential health and education services to the
Palestinian people. At a time when foreign investment is especially
crucial and when members of the Palestinian
Diaspora seek to bring specialized skills back into the Palestinian
community, a clear and transparent policy for
securing entry into the oPt is essential. Investment opportunities
have become increasingly risky and projects
aimed at providing specialized institutions face tremendous
difficulties due to the lack of predictability which
continues to characterize Israel's entry policy.
Moreover, as in previous months, Israel continues to resort to the
arbitrary issuing of visas of short duration
– sometimes as little as one to two weeks. This trend suggests a
cynical attempt to undermine demands by third
states that Israel cease its arbitrary denial of entry to and
residence in the oPt and honor its obligations under
International Humanitarian Law.
3
The issuing of visa durations on an unpredictable and arbitrary
basis and
mistreatment of visitors at border crossings -- like arbitrary
denials -- incur inhibiting costs and discourage
individuals from traveling to the oPt whether to visit, work or
reside and in effect contributes to the continuation
of the denial of entry policy.
In this light, the Campaign maintains its demand for third party
states to actively pursue the securing of a clear,
transparent and lawful policy for all foreign nationals wishing to
enter the oPt through Israel in line with its
obligations under International Humanitarian Law; random and
piecemeal "alleviation" of the illegal practice
of entry denial is no substitute for its abolition. The Campaign
further maintains that following recent events
and announcements by Israel and the international community of
their commitment to assist Palestinians in a more
sustainable fashion, the time has come for all parties,
particularly members of the Quartet, to address the
issue of family unification and visitation rights in a serious
fashion. The Government of Israel, in the Oslo
2
The other, Nadia Hassan, attempted to re-enter through Ben Gurion
Airport (BGA) in May based on the Israeli letter, but was denied entry
for the fifth time since September 2005. Nadia was also denied
access to the Chilean Consular official waiting for her at the
airport, in
possible violation of the Vienna Convention on Consular Relations.
In another possible violation of the Vienna Convention, LK was
refused repeated requests to contact the US Embassy during the first 24
hours of her detention at BGA on June 27. Only after persistent
demands was LK finally given an opportunity to speak with US Consular
officials. The initial denial of entry was rescinded after
intervention by an attorney and a court judgment. LK holds dual
US-British
passports. Despite presenting only a US passport for entry, LK's
British passport was stamped as well, against LK's wishes.
3
See, for example, cases above: Chilean citizen Elisa Abedrapo and
Bulgarian citizen Gerga Petrova Ivanova. In another incident, reported
on July 26 in the Israeli newspaper, Yedioth Ahronoth, Nigel
Kennedy, one of the best-known violinists in the world, was delayed at
Ben
Gurion Airport even though the British Foreign Ministry had sent
his particulars in advance to the relevant officials. It was only
after an
urgent message from the British Embassy that Kennedy was allowed to
enter Israel. A few weeks prior, a French band was held up for a
three-hour security check. All of their musical instruments were
confiscated, in spite of their protests, and were returned to France
only a
week later. Some of the expensive instruments had been badly
damaged. The band was the guest of the French Embassy in Israel, and
the
French Foreign Ministry had sent the particulars of all its members
to the authorities at Ben Gurion Airport, but to no avail.
---------------------------------
Page 3
Accords, has already accepted the principle of issuing permanent
residency to foreign nationals wishing to live in
the Palestinian Authority areas. The Quartet and other parties
should demand the immediate resumption and
transparent processing of the 120,000+ pending family unification
applications as an immediate first step.
B. Ongoing practices
Cases documented by the Campaign demonstrate that Israel is failing
to implement even the limited procedures
outlined in Ministry of Defense and Ministry of Foreign Affairs
announcements in a consistent and transparent
manner:
1. Individuals continue to be denied entry at all major ports of
entry -- Allenby Bridge, Sheikh Hussein
Bridge, Ben Gurion Airport and Taba.
2. The overwhelming majority of documented cases since January 2007
involve US citizens. Among the
cases of entry denial are citizens from Australia, Canada and EU
member countries as well as countries in Latin
America, East Asia, the Middle East and Eastern Europe. Documented
cases include men, women and
children, ranging from 2 to over 70 years in age.
3. Procedures set out in the announcements are not being
implemented in a clear, consistent and
transparent manner.
* Individuals who have demanded explanation for their denial of
entry have been physically abused and
forced back into vehicles returning to Jordan.
* Individuals who have previously traveled to the region on a
regular basis have been denied entry for the
first time. Others who have never visited the country have also been
denied.
* Individuals who were denied entry in 2006 and were then able to
obtain some form of clearance to enter
have again been denied entry in 2007.
* Israeli assurances to third state representatives regarding
granting entry for particular foreign nationals
have repeatedly failed to materialize in several instances.
4
* Individuals seeking to apply for permits from Israeli embassies /
consulates in their home countries to
enter the West Bank (the procedure "recommended" in CoGAT
announcement) have been informed upon
inquiry that this procedure is not in effect.
* Individuals have been denied entry without access to a CoGAT
representative contrary to stipulations in
the CoGAT announcement.
* Many of the individuals permitted to enter have been able to do
so only through exclusive arrangements –
often for fees including sometimes exorbitant fees to lawyers. Some
individuals are being required to
provide monetary deposits (between NIS 20,000 and 50,000) to
guarantee their departure before the
expiration of their visas.
* Moreover, the duration of visas issued to a number of individuals
granted entry varies widely and is
issued without clear reason or explanation. Documentation includes
cases of individuals granted visas for
as little as one week and suggest that the Israeli authorities are
increasingly issuing visas of shorter
duration to those indicating the intention to travel to the oPt.
5
* Despite a reactivation of visa extension processes, documented
cases suggest that Israel's granting of visa
extensions remains arbitrary, clearly harming Palestinian family
life, educational, cultural and social
service institutions and businesses. Moreover, even those who do
receive visa extensions are unable to
leave the country since they fear they will be denied entry on their
return.
4. The welfare and integrity of countless Palestinian families
continue to be affected by separation or the
imminent threat of separation.
6
4
See, for example, cases in introductory section above.
5
See, for example, cases in introductory section above.
6
On July 23 L., a Brazilian national, was denied entry at Ben Gurion
Airport. An engineering student in Germany, she was planning to visit
the family of her fiancée, an architecture student from Beit Jala
who is also studying in Germany. In the six years that the couple has
been
together, she has never been able to visit his family. While the
family plans to appeal her denial through the Israeli court system,
L.'s
fiancée expects the procedure will be costly and tiresome and
therefore their future is uncertain. The reason cited for her denial
stems from
her prior visit three years ago. While waiting at the Allenby
Bridge crossing, she was writing in her diary. This aroused the
suspicions of
the Israeli border guard and though she was allowed entry on that
occasion after prolonged questioning, it now appears that this incident
was permanently recorded and was cited as the reason for her
current refusal. At the time of writing, she is back in Germany and the
couple's wedding has been cancelled.
Also in July, eyewitness Dr. Mazin Qumsiyeh, a geneticist living in
the US, reported to the Campaign that while he was crossing Allenby
Bridge with his wife on July 12, he met the mother, father and son
of a Palestinian-American family who were prevented from entering the
---------------------------------
Page 4
* Spouses remain separated despite provisions in the CoGAT
announcement for their visa entry and
renewals.
* Young children continue to be separated from their parents and
the elderly are denied visits and essential
care from their immediate family.
5. The functioning of Palestinian health, educational and social
services and businesses continue to be
affected.
7
6. Members of the international press have been denied entry to
Israel and the oPt.
8
II. CRITICAL ISSUES STILL TO BE ADDRESSED
Moreover, critical shortcomings in CoGAT announcement have yet to
be addressed:
The right to family unification & long-term residence -
The CoGAT notice addresses only the issue of temporary admissions
(typically for short-term family visits,
tourism and humanitarian, business, educational or other
professional activities). Israel has yet to provide any
indication regarding a change in policy regarding its refusal to
process family unification applications since late
2000. The PA's Ministry for Civil Affairs estimates that it has
received more than 120,000 requests for unification
since that time. Israel's continued refusal to process family
reunification applications directly affects as many as
500,000 to 750,000 people who may be forced to leave the occupied
Palestinian territory to keep their families
intact. Together with the many foreign nationals who have
established their primary business, investment or
professional activities in the oPt, or otherwise aspire to build
their lives in the oPt, the new procedures place them,
at best, in a state of continuous uncertainty, under constant
threat of expulsion or exclusion.
Provisions for entry into East Jerusalem and the Gaza Strip - The
notice omits any indication that foreign nationals
seeking entry into occupied East Jerusalem or the Gaza Strip will
be eligible to apply for temporary admission or
visa extensions.
Lack of accountability -All aspects of Israel's policies with
regard to the Palestinian civilian population have
been characterized by arbitrariness and a complete lack of
transparency; Israel has failed to indicate any
mechanisms that will be established to ensure that even the limited
procedures outlined in the CoGAT
announcement will be implemented let alone that Israeli will comply
with its obligations as an occupying power.
West Bank for another son's wedding. Both mother and father were
born in the West Bank but do not have Palestinian IDs. All three carry
US passports and prior to their departure, they had spoken with a
lawyer, the US State Department, Israeli and US Consulates in an
attempt
to ensure a smooth passage. Another witness reported that on July
19 several people were denied entry including an American woman
married to a Palestinian-American; her husband was permitted entry
with their children.
In yet another incident on 23 May, the wife and six children of
Jamal Ibrahim were denied entry via Allenby Bridge. The youngest child
is
4 years old and the oldest is 15. With the exception of Mr.
Ibrahim, the family carries US citizenship.
7
On 2 July, a Swedish human rights worker for Defense of Children
International (DCI) was denied entry at Ben Gurion Airport, held
overnight and deported the following day. Neither documents from
DCI nor from the United Nations Association for International Services
(UNAIS), the organization sponsoring her voluntary position, were
considered sufficient to facilitate her entry.
Dr. Hatem Abdo, M.D. is a specialist in neurosurgery and is
currently planning a project to establish a hospital to specialize in
cancer
recovery in Jerusalem. He is an American citizen and until
recently, also a Jerusalem ID card holder. He arrived from the United
States this
May, only to be told upon his departure, from which he was
redirected from the Allenby Bridge border crossing to Sheikh Hussein,
that he
is no longer entitled to his rights as a Jerusalem resident. His ID
card was confiscated and now he may only enter the country once a year
as
a tourist. His mission to establish a hospital has been
overshadowed by a personal struggle to re-establish his Jerusalem
residency. He
received his medical training in Egypt, Jerusalem, England, Canada
and the United States and his presence would have a great impact on
the quality of medical care available to Palestinians in Jerusalem.
By denying individuals such as Dr. Abdo, Israeli authorities are
effectively contributing to a Palestinian "brain drain" and
preventing the establishment of projects intended to benefit the
collective quality
of life in the oPt.
Ibrahim Abed Al Rahman, for example, a Palestinian American whose
spouse carries a Palestinian ID recently reported that he was denied
entry twice -- once in June of 2006 and a second time in August of
the same year. As the Israeli authorities marked his US passport, he
stayed in Jordan for more than a month awaiting a new one from the
US Embassy. He is a prominent business man who owns considerable
property in Abu Shkhedim which he is unable to attend to. He is
currently dependent on his son, who also holds an American passport, to
oversee his business, but his son is also fearful of having is
right to enter revoked.
8
On 9 July In an article in the Electronic Intifada, Matthew Cassel,
assistant editor and Photographer, chronicles his own denial through
the
Sheikh Hussein crossing in late June 2007.
---------------------------------
Page 5
In short, Israeli authorities have failed to provide a transparent
policy on which foreign nationals wishing to
enter or maintain their presence in the occupied Palestinian
territory can rely and instead have continued to
pursue both policies and practices that fail to comply with
International Humanitarian Law.
III. WHAT SHOULD BE DONE?
Third states maintaining friendly relations with Israel command the
standing to challenge the arbitrary
exclusion of their nationals from the oPt. They also have an
obligation to scrutinize Israel's exercise of
authority as an occupying power and to oppose arbitrary denials of
entry and residency that harm Palestinian
family life, educational and social service institutions,
businesses and social and economic development more
broadly.
Third states are urged to:
1. Ensure Israeli implementation of the rights to family unity and
family reunification and the establishment of
clear and transparent procedures for foreign nationals seeking to
reside in the oPt, in keeping with international
law.
- obtain Israeli cancellation of CoGAT's stipulation that
foreigners are restricted to a 27-month, single
entry, maximum stay
Types of denial of entry cases documented post-CoGAT announcement
Cases of denial documented:
Dec
2006*
Jan
2007
Feb
2007
Mar
2007
May
2007
June
2007
July
2007
Aug
2007
Ports of entry
Allenby Bridge
X
X
X
X
X
X
X
Ben Gurion Airport
X
X
X
X
X
X
Sheikh Hussein Bridge
X
X
X
X
X
Taba
X
X
X
X
Nationals
Arab World**
X
Europe
X
X
X
X
X
X
Latin American
X
X
X
X
X
North America
X
X
X
X
X
X
X
Other
X
Types of visitors
Business persons
X
X
X
X
Development, human rights, &
humanitarian workers
X
X
X
X
Family
X
X
X
X
X
X
X
Health professionals, educators & social
service providers
X
X
X
X
Media & filmmakers
X
X
X
X
Students & researchers
X
X
X
X
X
X
Tourists & visitors
X
X
X
X
X
X
X
Other***
X
X
*from 13 December 2006 when Israeli Major General Mishlav,
Coordinator of Government Activities in the Territories
(COGAT), first informed the EU of its revised policy on entry and
visa renewals for the oPt.
** Citizens of Arab countries are particularly reluctant to report
entry denials. Procedures outlined in the COGAT and
MOFA notices pertain only to countries having visa agreements with
Israel; no provision for visas or entry permits are
made for Jordanian nationals – the vast majority of those seeking
family unification – or other Arab nationals seeking to
visit or reside in the oPt.
*** Others include those affiliated with the church and/or other
religious institutions.
---------------------------------
Page 6
- demand Israel's adoption and implementation of a clear,
transparent policy for issuing residency permits
to foreign nationals
2. Call for an immediate halt to Israel's arbitrary and abusive
practice of denying entry to foreign nationals
traveling to the oPt.
- demand Israel's adoption and implementation of a clear,
transparent policy for unhindered access to the
oPt by foreign nationals
- obtain explicit assurances that people who have previously been
denied entry will be permitted to re-
enter the oPt
- end the practice of issuing permits that restrict exit and
re-entry
- end the practice of issuing permits of less than three months to
those traveling to the oPt
- cease the collective punishment of those whose relatives may have
'overstayed' their original visa
duration
3. Apply vigorous scrutiny to cases of denied entry and denied
residency in the oPt with a view to promoting
Israel's adoption and transparent application of principles
consistent with the internationally accepted rights and
obligations of an occupying power.
- set up clear mechanisms for citizens to report and appeal cases
of denied entry
- set up clear mechanisms for liaising with Israeli authorities to
ensure safe passage to the oPt for all
citizens and ensure the prompt and proper resolution of cases where
safe passage has been hindered
- insist on receiving a formal explanation of each decision taken
by Israel to bar any of their citizens from
the oPt
- object to all arbitrary denials of entry and residency that harm
Palestinian family life, educational, health
and social service institutions and businesses and act to resolve
all such cases of exclusion.
4. Respect the duty of all states not to acquiesce to
internationally unlawful acts, bearing in mind that failing to
object to prima facie unlawful acts or policies when notified of
them implies accepting them as lawful.
5. Promote Israel's compliance with International Humanitarian Law
with appropriate and effective tools of
persuasion and dissuasion. Take appropriate measures based on
reciprocity to ensure that the correct
treatment accorded Israeli nationals seeking to enter third
countries is reciprocated by correct treatment of their
nationals seeking to enter Israel or the oPt
Concerned individuals and organizations are called on to intensify
their efforts to hold the governments of
Israel, third states and the Palestinian National Authority to
their respective obligations under international
humanitarian law and international human rights law.
----- End forwarded message -----
HTML Attachment
Enrique Ferro wrote:
Date: Sat, 8 Sep 2007 22:19:18 +0200
From: "Enrique Ferro"
Subject: C a m p a i g n f o r t h e R i g h t o f E n t r y / R e - E n t r y t o t h e O c c u p i e d P a l e s t i n i a n T e r r i t o r y ( o P t ). 2007 SUMMER REPORT
C a m p a i g n f o r t h e R i g h t o f E n t r y / R e - E n t r y t o t h e O c c u p i e d
P a l e s t i n i a n T e r r i t o r y ( o P t )
A Grassroots Campaign for the Protection of Foreign Passport Holders Residing in and/or Visiting the oPt
SUMMER 2007 -- SITUATION UPDATE FOR JULY & AUGUST 2007
(31 August 2007)
I. STATUS OF ENTRY DENIALS SINCE ANNOUNCEMENT OF NEW PROCEDURES IN
DECEMBER 2006
A. Recent developments
Eight months following an announcement by Israeli authorities purportedly resolving the issue of entry denials,
the Campaign continues to document cases of persons denied entry clearly demonstrating that Israel's regulation
of entry into the occupied Palestinian territory (oPt) by foreign nationals remains arbitrary, abusive and
internationally unlawful.
1
Interventions by a number of third states demonstrate that they can and must play an instrumental role in
challenging Israel's denial of entry policy:
In late July, the Spanish Consulate in Jerusalem intervened when three peace activists from Paz Ahora, Julio
Rodríguez Bueno, Carmen Montilla and Ignacio Saldaña Herrero were detained at the Allenby Bridge crossing.
They were trying to enter the oPt to meet 60 Palestinian children and take them back to Spain as part of a program
called Vacaciones por la Paz (Holidays for Peace). They were eventually allowed to enter on July 24 on a one-
week visa.
On August 9, a German citizen and Dienst service passport holder was denied re-entry through BGA upon his
return from a trip that departed from there in July. MA not only has a special service passport due to his work
with a German institution, he also has an Israeli issued B-1 visa, a Palestinian ID, and has been provided lem
sheml [family unification] by Israel in order to be with his wife and children who hold Jerusalem IDs. After 13
hours in a detention center, he was finally permitted re-entry thanks to the direct involvement of German
Embassy officials. Israeli authorities, however, cancelled his Dienstpass, because he holds a Palestinian ID,
thereby prohibiting his ability to access BGA for future travel.
On 13 August, Bulgaria's Consul General and a Jerusalem Legal Aid Center attorney, Sliman Shaheen,
intervened when 65 year old Gerga Petrova Ivanova was denied entry and detained at Ben Gurion Airport. Israeli
authorities initially refused Gerga passage to see her daughter who resides in the oPt with her husband, a
Palestinian ID holder. After 36 hours in detention, Ms Ivanova was given a 2-day entry permit which was
subsequently extended to 3 months upon the Bulgarian Consul General's approach to Israeli authorities.
1
In December 2006, the Coordinator for Government Activities in the Territories (CoGAT) outlined new procedures for entry into the
occupied Palestinian territory (oPt). On December 28, a letter announcing the new procedures for foreign nationals wishing to visit, live or
work in the oPt was sent by CoGAT to Dr. Sa'eb Erakat and several diplomatic missions in Tel Aviv, including the German (then
representing the EU-presidency) and US Embassies. In March 2007, a similar statement was issued by the Israeli Ministry of Foreign
Affairs and addressed to third state missions. On 5 March, the Israeli Ministry of Foreign Affairs issued a statement entitled "Transit Policy
to the West Bank via Israel."
In another possible violation of
--------------------------------------------------------------------------------
Page 2
Agreements between Israel and third States permitting passage of their nationals without delay or hindrance
continue to be disregarded by Israel:
On July 27, Chilean Elisa Abedrapo was denied re-entry through Allenby Bridge despite written assurance by the
Israeli Ministry of Foreign Affairs to the Chilean Government that she would be permitted passage. Elisa is one of
two Chilean nationals whose government requested and received written "clearance" to enter by Israeli authorities
earlier this year.
2
Ms. Abedrapo narrates her encounter at the Allenby Bridge crossing on July 27 as follows: "The
soldier at the window said me a very nice 'hi', but suddenly her mood changed when she opened my passport and
saw my name. She asked if I have a Palestinian or Jordanian passport, and I told her, of course not, as 'my great
grand father went to Chile one century ago.' She asked me for the name of my father (Jorge) and then for the
name of my grandfather (Jorge too) and then for the name of my mother (Elisa) and if she is Arab too. After
that, the soldier told me 'go and sit.'" After further interrogation, Abedrapo was permitted to enter on a one-week
visa with a warning that overstaying by even a single day would result in imprisonment. After Ms Abedrapo was
denied entry in February of this year, the Chilean Government successfully intervened on her behalf and she was
granted a 3-month tourist visa in April. This latest incident again demonstrates that while interventions on a case-
by-case basis can be successful, resolution of the issue requires demanding a change in Israel's policy.
In short, the denial of foreign citizens into the oPt continues to adversely affect the fabric of family life as
many of those denied have spouses or close relatives who are Palestinian ID holders. The denials of entry also
continue to affect economic development and the provision of essential health and education services to the
Palestinian people. At a time when foreign investment is especially crucial and when members of the Palestinian
Diaspora seek to bring specialized skills back into the Palestinian community, a clear and transparent policy for
securing entry into the oPt is essential. Investment opportunities have become increasingly risky and projects
aimed at providing specialized institutions face tremendous difficulties due to the lack of predictability which
continues to characterize Israel's entry policy.
Moreover, as in previous months, Israel continues to resort to the arbitrary issuing of visas of short duration
– sometimes as little as one to two weeks. This trend suggests a cynical attempt to undermine demands by third
states that Israel cease its arbitrary denial of entry to and residence in the oPt and honor its obligations under
International Humanitarian Law.
3
The issuing of visa durations on an unpredictable and arbitrary basis and
mistreatment of visitors at border crossings -- like arbitrary denials -- incur inhibiting costs and discourage
individuals from traveling to the oPt whether to visit, work or reside and in effect contributes to the continuation
of the denial of entry policy.
In this light, the Campaign maintains its demand for third party states to actively pursue the securing of a clear,
transparent and lawful policy for all foreign nationals wishing to enter the oPt through Israel in line with its
obligations under International Humanitarian Law; random and piecemeal "alleviation" of the illegal practice
of entry denial is no substitute for its abolition. The Campaign further maintains that following recent events
and announcements by Israel and the international community of their commitment to assist Palestinians in a more
sustainable fashion, the time has come for all parties, particularly members of the Quartet, to address the
issue of family unification and visitation rights in a serious fashion. The Government of Israel, in the Oslo
2
The other, Nadia Hassan, attempted to re-enter through Ben Gurion Airport (BGA) in May based on the Israeli letter, but was denied entry
for the fifth time since September 2005. Nadia was also denied access to the Chilean Consular official waiting for her at the airport, in
possible violation of the Vienna Convention on Consular Relations.
In another possible violation of the Vienna Convention, LK was refused repeated requests to contact the US Embassy during the first 24
hours of her detention at BGA on June 27. Only after persistent demands was LK finally given an opportunity to speak with US Consular
officials. The initial denial of entry was rescinded after intervention by an attorney and a court judgment. LK holds dual US-British
passports. Despite presenting only a US passport for entry, LK's British passport was stamped as well, against LK's wishes.
3
See, for example, cases above: Chilean citizen Elisa Abedrapo and Bulgarian citizen Gerga Petrova Ivanova. In another incident, reported
on July 26 in the Israeli newspaper, Yedioth Ahronoth, Nigel Kennedy, one of the best-known violinists in the world, was delayed at Ben
Gurion Airport even though the British Foreign Ministry had sent his particulars in advance to the relevant officials. It was only after an
urgent message from the British Embassy that Kennedy was allowed to enter Israel. A few weeks prior, a French band was held up for a
three-hour security check. All of their musical instruments were confiscated, in spite of their protests, and were returned to France only a
week later. Some of the expensive instruments had been badly damaged. The band was the guest of the French Embassy in Israel, and the
French Foreign Ministry had sent the particulars of all its members to the authorities at Ben Gurion Airport, but to no avail.
--------------------------------------------------------------------------------
Page 3
Accords, has already accepted the principle of issuing permanent residency to foreign nationals wishing to live in
the Palestinian Authority areas. The Quartet and other parties should demand the immediate resumption and
transparent processing of the 120,000+ pending family unification applications as an immediate first step.
B. Ongoing practices
Cases documented by the Campaign demonstrate that Israel is failing to implement even the limited procedures
outlined in Ministry of Defense and Ministry of Foreign Affairs announcements in a consistent and transparent
manner:
1. Individuals continue to be denied entry at all major ports of entry -- Allenby Bridge, Sheikh Hussein
Bridge, Ben Gurion Airport and Taba.
2. The overwhelming majority of documented cases since January 2007 involve US citizens. Among the
cases of entry denial are citizens from Australia, Canada and EU member countries as well as countries in Latin
America, East Asia, the Middle East and Eastern Europe. Documented cases include men, women and
children, ranging from 2 to over 70 years in age.
3. Procedures set out in the announcements are not being implemented in a clear, consistent and
transparent manner.
* Individuals who have demanded explanation for their denial of entry have been physically abused and
forced back into vehicles returning to Jordan.
* Individuals who have previously traveled to the region on a regular basis have been denied entry for the
first time. Others who have never visited the country have also been denied.
* Individuals who were denied entry in 2006 and were then able to obtain some form of clearance to enter
have again been denied entry in 2007.
* Israeli assurances to third state representatives regarding granting entry for particular foreign nationals
have repeatedly failed to materialize in several instances.
4
* Individuals seeking to apply for permits from Israeli embassies / consulates in their home countries to
enter the West Bank (the procedure "recommended" in CoGAT announcement) have been informed upon
inquiry that this procedure is not in effect.
* Individuals have been denied entry without access to a CoGAT representative contrary to stipulations in
the CoGAT announcement.
* Many of the individuals permitted to enter have been able to do so only through exclusive arrangements –
often for fees including sometimes exorbitant fees to lawyers. Some individuals are being required to
provide monetary deposits (between NIS 20,000 and 50,000) to guarantee their departure before the
expiration of their visas.
* Moreover, the duration of visas issued to a number of individuals granted entry varies widely and is
issued without clear reason or explanation. Documentation includes cases of individuals granted visas for
as little as one week and suggest that the Israeli authorities are increasingly issuing visas of shorter
duration to those indicating the intention to travel to the oPt.
5
* Despite a reactivation of visa extension processes, documented cases suggest that Israel's granting of visa
extensions remains arbitrary, clearly harming Palestinian family life, educational, cultural and social
service institutions and businesses. Moreover, even those who do receive visa extensions are unable to
leave the country since they fear they will be denied entry on their return.
4. The welfare and integrity of countless Palestinian families continue to be affected by separation or the
imminent threat of separation.
6
4
See, for example, cases in introductory section above.
5
See, for example, cases in introductory section above.
6
On July 23 L., a Brazilian national, was denied entry at Ben Gurion Airport. An engineering student in Germany, she was planning to visit
the family of her fiancée, an architecture student from Beit Jala who is also studying in Germany. In the six years that the couple has been
together, she has never been able to visit his family. While the family plans to appeal her denial through the Israeli court system, L.'s
fiancée expects the procedure will be costly and tiresome and therefore their future is uncertain. The reason cited for her denial stems from
her prior visit three years ago. While waiting at the Allenby Bridge crossing, she was writing in her diary. This aroused the suspicions of
the Israeli border guard and though she was allowed entry on that occasion after prolonged questioning, it now appears that this incident
was permanently recorded and was cited as the reason for her current refusal. At the time of writing, she is back in Germany and the
couple's wedding has been cancelled.
Also in July, eyewitness Dr. Mazin Qumsiyeh, a geneticist living in the US, reported to the Campaign that while he was crossing Allenby
Bridge with his wife on July 12, he met the mother, father and son of a Palestinian-American family who were prevented from entering the
--------------------------------------------------------------------------------
Page 4
* Spouses remain separated despite provisions in the CoGAT announcement for their visa entry and
renewals.
* Young children continue to be separated from their parents and the elderly are denied visits and essential
care from their immediate family.
5. The functioning of Palestinian health, educational and social services and businesses continue to be
affected.
7
6. Members of the international press have been denied entry to Israel and the oPt.
8
II. CRITICAL ISSUES STILL TO BE ADDRESSED
Moreover, critical shortcomings in CoGAT announcement have yet to be addressed:
The right to family unification & long-term residence -
The CoGAT notice addresses only the issue of temporary admissions (typically for short-term family visits,
tourism and humanitarian, business, educational or other professional activities). Israel has yet to provide any
indication regarding a change in policy regarding its refusal to process family unification applications since late
2000. The PA's Ministry for Civil Affairs estimates that it has received more than 120,000 requests for unification
since that time. Israel's continued refusal to process family reunification applications directly affects as many as
500,000 to 750,000 people who may be forced to leave the occupied Palestinian territory to keep their families
intact. Together with the many foreign nationals who have established their primary business, investment or
professional activities in the oPt, or otherwise aspire to build their lives in the oPt, the new procedures place them,
at best, in a state of continuous uncertainty, under constant threat of expulsion or exclusion.
Provisions for entry into East Jerusalem and the Gaza Strip - The notice omits any indication that foreign nationals
seeking entry into occupied East Jerusalem or the Gaza Strip will be eligible to apply for temporary admission or
visa extensions.
Lack of accountability -All aspects of Israel's policies with regard to the Palestinian civilian population have
been characterized by arbitrariness and a complete lack of transparency; Israel has failed to indicate any
mechanisms that will be established to ensure that even the limited procedures outlined in the CoGAT
announcement will be implemented let alone that Israeli will comply with its obligations as an occupying power.
West Bank for another son's wedding. Both mother and father were born in the West Bank but do not have Palestinian IDs. All three carry
US passports and prior to their departure, they had spoken with a lawyer, the US State Department, Israeli and US Consulates in an attempt
to ensure a smooth passage. Another witness reported that on July 19 several people were denied entry including an American woman
married to a Palestinian-American; her husband was permitted entry with their children.
In yet another incident on 23 May, the wife and six children of Jamal Ibrahim were denied entry via Allenby Bridge. The youngest child is
4 years old and the oldest is 15. With the exception of Mr. Ibrahim, the family carries US citizenship.
7
On 2 July, a Swedish human rights worker for Defense of Children International (DCI) was denied entry at Ben Gurion Airport, held
overnight and deported the following day. Neither documents from DCI nor from the United Nations Association for International Services
(UNAIS), the organization sponsoring her voluntary position, were considered sufficient to facilitate her entry.
Dr. Hatem Abdo, M.D. is a specialist in neurosurgery and is currently planning a project to establish a hospital to specialize in cancer
recovery in Jerusalem. He is an American citizen and until recently, also a Jerusalem ID card holder. He arrived from the United States this
May, only to be told upon his departure, from which he was redirected from the Allenby Bridge border crossing to Sheikh Hussein, that he
is no longer entitled to his rights as a Jerusalem resident. His ID card was confiscated and now he may only enter the country once a year as
a tourist. His mission to establish a hospital has been overshadowed by a personal struggle to re-establish his Jerusalem residency. He
received his medical training in Egypt, Jerusalem, England, Canada and the United States and his presence would have a great impact on
the quality of medical care available to Palestinians in Jerusalem. By denying individuals such as Dr. Abdo, Israeli authorities are
effectively contributing to a Palestinian "brain drain" and preventing the establishment of projects intended to benefit the collective quality
of life in the oPt.
Ibrahim Abed Al Rahman, for example, a Palestinian American whose spouse carries a Palestinian ID recently reported that he was denied
entry twice -- once in June of 2006 and a second time in August of the same year. As the Israeli authorities marked his US passport, he
stayed in Jordan for more than a month awaiting a new one from the US Embassy. He is a prominent business man who owns considerable
property in Abu Shkhedim which he is unable to attend to. He is currently dependent on his son, who also holds an American passport, to
oversee his business, but his son is also fearful of having is right to enter revoked.
8
On 9 July In an article in the Electronic Intifada, Matthew Cassel, assistant editor and Photographer, chronicles his own denial through the
Sheikh Hussein crossing in late June 2007.
--------------------------------------------------------------------------------
Page 5
In short, Israeli authorities have failed to provide a transparent policy on which foreign nationals wishing to
enter or maintain their presence in the occupied Palestinian territory can rely and instead have continued to
pursue both policies and practices that fail to comply with International Humanitarian Law.
III. WHAT SHOULD BE DONE?
Third states maintaining friendly relations with Israel command the standing to challenge the arbitrary
exclusion of their nationals from the oPt. They also have an obligation to scrutinize Israel's exercise of
authority as an occupying power and to oppose arbitrary denials of entry and residency that harm Palestinian
family life, educational and social service institutions, businesses and social and economic development more
broadly.
Third states are urged to:
1. Ensure Israeli implementation of the rights to family unity and family reunification and the establishment of
clear and transparent procedures for foreign nationals seeking to reside in the oPt, in keeping with international
law.
- obtain Israeli cancellation of CoGAT's stipulation that foreigners are restricted to a 27-month, single
entry, maximum stay
Types of denial of entry cases documented post-CoGAT announcement
Cases of denial documented:
Dec
2006*
Jan
2007
Feb
2007
Mar
2007
May
2007
June
2007
July
2007
Aug
2007
Ports of entry
Allenby Bridge
X
X
X
X
X
X
X
Ben Gurion Airport
X
X
X
X
X
X
Sheikh Hussein Bridge
X
X
X
X
X
Taba
X
X
X
X
Nationals
Arab World**
X
Europe
X
X
X
X
X
X
Latin American
X
X
X
X
X
North America
X
X
X
X
X
X
X
Other
X
Types of visitors
Business persons
X
X
X
X
Development, human rights, &
humanitarian workers
X
X
X
X
Family
X
X
X
X
X
X
X
Health professionals, educators & social
service providers
X
X
X
X
Media & filmmakers
X
X
X
X
Students & researchers
X
X
X
X
X
X
Tourists & visitors
X
X
X
X
X
X
X
Other***
X
X
*from 13 December 2006 when Israeli Major General Mishlav, Coordinator of Government Activities in the Territories
(COGAT), first informed the EU of its revised policy on entry and visa renewals for the oPt.
** Citizens of Arab countries are particularly reluctant to report entry denials. Procedures outlined in the COGAT and
MOFA notices pertain only to countries having visa agreements with Israel; no provision for visas or entry permits are
made for Jordanian nationals – the vast majority of those seeking family unification – or other Arab nationals seeking to
visit or reside in the oPt.
*** Others include those affiliated with the church and/or other religious institutions.
--------------------------------------------------------------------------------
Page 6
- demand Israel's adoption and implementation of a clear, transparent policy for issuing residency permits
to foreign nationals
2. Call for an immediate halt to Israel's arbitrary and abusive practice of denying entry to foreign nationals
traveling to the oPt.
- demand Israel's adoption and implementation of a clear, transparent policy for unhindered access to the
oPt by foreign nationals
- obtain explicit assurances that people who have previously been denied entry will be permitted to re-
enter the oPt
- end the practice of issuing permits that restrict exit and re-entry
- end the practice of issuing permits of less than three months to those traveling to the oPt
- cease the collective punishment of those whose relatives may have 'overstayed' their original visa
duration
3. Apply vigorous scrutiny to cases of denied entry and denied residency in the oPt with a view to promoting
Israel's adoption and transparent application of principles consistent with the internationally accepted rights and
obligations of an occupying power.
- set up clear mechanisms for citizens to report and appeal cases of denied entry
- set up clear mechanisms for liaising with Israeli authorities to ensure safe passage to the oPt for all
citizens and ensure the prompt and proper resolution of cases where safe passage has been hindered
- insist on receiving a formal explanation of each decision taken by Israel to bar any of their citizens from
the oPt
- object to all arbitrary denials of entry and residency that harm Palestinian family life, educational, health
and social service institutions and businesses and act to resolve all such cases of exclusion.
4. Respect the duty of all states not to acquiesce to internationally unlawful acts, bearing in mind that failing to
object to prima facie unlawful acts or policies when notified of them implies accepting them as lawful.
5. Promote Israel's compliance with International Humanitarian Law with appropriate and effective tools of
persuasion and dissuasion. Take appropriate measures based on reciprocity to ensure that the correct
treatment accorded Israeli nationals seeking to enter third countries is reciprocated by correct treatment of their
nationals seeking to enter Israel or the oPt
Concerned individuals and organizations are called on to intensify their efforts to hold the governments of
Israel, third states and the Palestinian National Authority to their respective obligations under international
humanitarian law and international human rights law.
22:19:18 +0200
From: "Enrique Ferro"
Subject: C a m p a i g n f o r t h e R i g h t o f E n t r y / R e - E
n t r y t o t h e O c c u p i e d P a l e s t i n i a n T e r r i t o
r y ( o P t ). 2007 SUMMER REPORT
C a m p a i g n f o r t h e R i g h t o f E n t r y / R e - E n t r
y t o t h e O c c u p i e d
P a l e s t i n i a n T e r r i t o r y ( o P t )
A Grassroots Campaign for the Protection of Foreign Passport
Holders Residing in and/or Visiting the oPt
SUMMER 2007 -- SITUATION UPDATE FOR JULY & AUGUST 2007
(31 August 2007)
I. STATUS OF ENTRY DENIALS SINCE ANNOUNCEMENT OF NEW PROCEDURES IN
DECEMBER 2006
A. Recent developments
Eight months following an announcement by Israeli authorities
purportedly resolving the issue of entry denials,
the Campaign continues to document cases of persons denied entry
clearly demonstrating that Israel's regulation
of entry into the occupied Palestinian territory (oPt) by foreign
nationals remains arbitrary, abusive and
internationally unlawful.
1
Interventions by a number of third states demonstrate that they can
and must play an instrumental role in
challenging Israel's denial of entry policy:
In late July, the Spanish Consulate in Jerusalem intervened when
three peace activists from Paz Ahora, Julio
Rodríguez Bueno, Carmen Montilla and Ignacio Saldaña Herrero were
detained at the Allenby Bridge crossing.
They were trying to enter the oPt to meet 60 Palestinian children
and take them back to Spain as part of a program
called Vacaciones por la Paz (Holidays for Peace). They were
eventually allowed to enter on July 24 on a one-
week visa.
On August 9, a German citizen and Dienst service passport holder
was denied re-entry through BGA upon his
return from a trip that departed from there in July. MA not only
has a special service passport due to his work
with a German institution, he also has an Israeli issued B-1 visa,
a Palestinian ID, and has been provided lem
sheml [family unification] by Israel in order to be with his wife
and children who hold Jerusalem IDs. After 13
hours in a detention center, he was finally permitted re-entry
thanks to the direct involvement of German
Embassy officials. Israeli authorities, however, cancelled his
Dienstpass, because he holds a Palestinian ID,
thereby prohibiting his ability to access BGA for future travel.
On 13 August, Bulgaria's Consul General and a Jerusalem Legal Aid
Center attorney, Sliman Shaheen,
intervened when 65 year old Gerga Petrova Ivanova was denied entry
and detained at Ben Gurion Airport. Israeli
authorities initially refused Gerga passage to see her daughter who
resides in the oPt with her husband, a
Palestinian ID holder. After 36 hours in detention, Ms Ivanova was
given a 2-day entry permit which was
subsequently extended to 3 months upon the Bulgarian Consul
General's approach to Israeli authorities.
1
In December 2006, the Coordinator for Government Activities in the
Territories (CoGAT) outlined new procedures for entry into the
occupied Palestinian territory (oPt). On December 28, a letter
announcing the new procedures for foreign nationals wishing to visit,
live or
work in the oPt was sent by CoGAT to Dr. Sa'eb Erakat and several
diplomatic missions in Tel Aviv, including the German (then
representing the EU-presidency) and US Embassies. In March 2007, a
similar statement was issued by the Israeli Ministry of Foreign
Affairs and addressed to third state missions. On 5 March, the
Israeli Ministry of Foreign Affairs issued a statement entitled
"Transit Policy
to the West Bank via Israel."
In another possible violation of
---------------------------------
Page 2
Agreements between Israel and third States permitting passage of
their nationals without delay or hindrance
continue to be disregarded by Israel:
On July 27, Chilean Elisa Abedrapo was denied re-entry through
Allenby Bridge despite written assurance by the
Israeli Ministry of Foreign Affairs to the Chilean Government that
she would be permitted passage. Elisa is one of
two Chilean nationals whose government requested and received
written "clearance" to enter by Israeli authorities
earlier this year.
2
Ms. Abedrapo narrates her encounter at the Allenby Bridge crossing
on July 27 as follows: "The
soldier at the window said me a very nice 'hi', but suddenly her
mood changed when she opened my passport and
saw my name. She asked if I have a Palestinian or Jordanian
passport, and I told her, of course not, as 'my great
grand father went to Chile one century ago.' She asked me for the
name of my father (Jorge) and then for the
name of my grandfather (Jorge too) and then for the name of my
mother (Elisa) and if she is Arab too. After
that, the soldier told me 'go and sit.'" After further
interrogation, Abedrapo was permitted to enter on a one-week
visa with a warning that overstaying by even a single day would
result in imprisonment. After Ms Abedrapo was
denied entry in February of this year, the Chilean Government
successfully intervened on her behalf and she was
granted a 3-month tourist visa in April. This latest incident again
demonstrates that while interventions on a case-
by-case basis can be successful, resolution of the issue requires
demanding a change in Israel's policy.
In short, the denial of foreign citizens into the oPt continues to
adversely affect the fabric of family life as
many of those denied have spouses or close relatives who are
Palestinian ID holders. The denials of entry also
continue to affect economic development and the provision of
essential health and education services to the
Palestinian people. At a time when foreign investment is especially
crucial and when members of the Palestinian
Diaspora seek to bring specialized skills back into the Palestinian
community, a clear and transparent policy for
securing entry into the oPt is essential. Investment opportunities
have become increasingly risky and projects
aimed at providing specialized institutions face tremendous
difficulties due to the lack of predictability which
continues to characterize Israel's entry policy.
Moreover, as in previous months, Israel continues to resort to the
arbitrary issuing of visas of short duration
– sometimes as little as one to two weeks. This trend suggests a
cynical attempt to undermine demands by third
states that Israel cease its arbitrary denial of entry to and
residence in the oPt and honor its obligations under
International Humanitarian Law.
3
The issuing of visa durations on an unpredictable and arbitrary
basis and
mistreatment of visitors at border crossings -- like arbitrary
denials -- incur inhibiting costs and discourage
individuals from traveling to the oPt whether to visit, work or
reside and in effect contributes to the continuation
of the denial of entry policy.
In this light, the Campaign maintains its demand for third party
states to actively pursue the securing of a clear,
transparent and lawful policy for all foreign nationals wishing to
enter the oPt through Israel in line with its
obligations under International Humanitarian Law; random and
piecemeal "alleviation" of the illegal practice
of entry denial is no substitute for its abolition. The Campaign
further maintains that following recent events
and announcements by Israel and the international community of
their commitment to assist Palestinians in a more
sustainable fashion, the time has come for all parties,
particularly members of the Quartet, to address the
issue of family unification and visitation rights in a serious
fashion. The Government of Israel, in the Oslo
2
The other, Nadia Hassan, attempted to re-enter through Ben Gurion
Airport (BGA) in May based on the Israeli letter, but was denied entry
for the fifth time since September 2005. Nadia was also denied
access to the Chilean Consular official waiting for her at the
airport, in
possible violation of the Vienna Convention on Consular Relations.
In another possible violation of the Vienna Convention, LK was
refused repeated requests to contact the US Embassy during the first 24
hours of her detention at BGA on June 27. Only after persistent
demands was LK finally given an opportunity to speak with US Consular
officials. The initial denial of entry was rescinded after
intervention by an attorney and a court judgment. LK holds dual
US-British
passports. Despite presenting only a US passport for entry, LK's
British passport was stamped as well, against LK's wishes.
3
See, for example, cases above: Chilean citizen Elisa Abedrapo and
Bulgarian citizen Gerga Petrova Ivanova. In another incident, reported
on July 26 in the Israeli newspaper, Yedioth Ahronoth, Nigel
Kennedy, one of the best-known violinists in the world, was delayed at
Ben
Gurion Airport even though the British Foreign Ministry had sent
his particulars in advance to the relevant officials. It was only
after an
urgent message from the British Embassy that Kennedy was allowed to
enter Israel. A few weeks prior, a French band was held up for a
three-hour security check. All of their musical instruments were
confiscated, in spite of their protests, and were returned to France
only a
week later. Some of the expensive instruments had been badly
damaged. The band was the guest of the French Embassy in Israel, and
the
French Foreign Ministry had sent the particulars of all its members
to the authorities at Ben Gurion Airport, but to no avail.
---------------------------------
Page 3
Accords, has already accepted the principle of issuing permanent
residency to foreign nationals wishing to live in
the Palestinian Authority areas. The Quartet and other parties
should demand the immediate resumption and
transparent processing of the 120,000+ pending family unification
applications as an immediate first step.
B. Ongoing practices
Cases documented by the Campaign demonstrate that Israel is failing
to implement even the limited procedures
outlined in Ministry of Defense and Ministry of Foreign Affairs
announcements in a consistent and transparent
manner:
1. Individuals continue to be denied entry at all major ports of
entry -- Allenby Bridge, Sheikh Hussein
Bridge, Ben Gurion Airport and Taba.
2. The overwhelming majority of documented cases since January 2007
involve US citizens. Among the
cases of entry denial are citizens from Australia, Canada and EU
member countries as well as countries in Latin
America, East Asia, the Middle East and Eastern Europe. Documented
cases include men, women and
children, ranging from 2 to over 70 years in age.
3. Procedures set out in the announcements are not being
implemented in a clear, consistent and
transparent manner.
* Individuals who have demanded explanation for their denial of
entry have been physically abused and
forced back into vehicles returning to Jordan.
* Individuals who have previously traveled to the region on a
regular basis have been denied entry for the
first time. Others who have never visited the country have also been
denied.
* Individuals who were denied entry in 2006 and were then able to
obtain some form of clearance to enter
have again been denied entry in 2007.
* Israeli assurances to third state representatives regarding
granting entry for particular foreign nationals
have repeatedly failed to materialize in several instances.
4
* Individuals seeking to apply for permits from Israeli embassies /
consulates in their home countries to
enter the West Bank (the procedure "recommended" in CoGAT
announcement) have been informed upon
inquiry that this procedure is not in effect.
* Individuals have been denied entry without access to a CoGAT
representative contrary to stipulations in
the CoGAT announcement.
* Many of the individuals permitted to enter have been able to do
so only through exclusive arrangements –
often for fees including sometimes exorbitant fees to lawyers. Some
individuals are being required to
provide monetary deposits (between NIS 20,000 and 50,000) to
guarantee their departure before the
expiration of their visas.
* Moreover, the duration of visas issued to a number of individuals
granted entry varies widely and is
issued without clear reason or explanation. Documentation includes
cases of individuals granted visas for
as little as one week and suggest that the Israeli authorities are
increasingly issuing visas of shorter
duration to those indicating the intention to travel to the oPt.
5
* Despite a reactivation of visa extension processes, documented
cases suggest that Israel's granting of visa
extensions remains arbitrary, clearly harming Palestinian family
life, educational, cultural and social
service institutions and businesses. Moreover, even those who do
receive visa extensions are unable to
leave the country since they fear they will be denied entry on their
return.
4. The welfare and integrity of countless Palestinian families
continue to be affected by separation or the
imminent threat of separation.
6
4
See, for example, cases in introductory section above.
5
See, for example, cases in introductory section above.
6
On July 23 L., a Brazilian national, was denied entry at Ben Gurion
Airport. An engineering student in Germany, she was planning to visit
the family of her fiancée, an architecture student from Beit Jala
who is also studying in Germany. In the six years that the couple has
been
together, she has never been able to visit his family. While the
family plans to appeal her denial through the Israeli court system,
L.'s
fiancée expects the procedure will be costly and tiresome and
therefore their future is uncertain. The reason cited for her denial
stems from
her prior visit three years ago. While waiting at the Allenby
Bridge crossing, she was writing in her diary. This aroused the
suspicions of
the Israeli border guard and though she was allowed entry on that
occasion after prolonged questioning, it now appears that this incident
was permanently recorded and was cited as the reason for her
current refusal. At the time of writing, she is back in Germany and the
couple's wedding has been cancelled.
Also in July, eyewitness Dr. Mazin Qumsiyeh, a geneticist living in
the US, reported to the Campaign that while he was crossing Allenby
Bridge with his wife on July 12, he met the mother, father and son
of a Palestinian-American family who were prevented from entering the
---------------------------------
Page 4
* Spouses remain separated despite provisions in the CoGAT
announcement for their visa entry and
renewals.
* Young children continue to be separated from their parents and
the elderly are denied visits and essential
care from their immediate family.
5. The functioning of Palestinian health, educational and social
services and businesses continue to be
affected.
7
6. Members of the international press have been denied entry to
Israel and the oPt.
8
II. CRITICAL ISSUES STILL TO BE ADDRESSED
Moreover, critical shortcomings in CoGAT announcement have yet to
be addressed:
The right to family unification & long-term residence -
The CoGAT notice addresses only the issue of temporary admissions
(typically for short-term family visits,
tourism and humanitarian, business, educational or other
professional activities). Israel has yet to provide any
indication regarding a change in policy regarding its refusal to
process family unification applications since late
2000. The PA's Ministry for Civil Affairs estimates that it has
received more than 120,000 requests for unification
since that time. Israel's continued refusal to process family
reunification applications directly affects as many as
500,000 to 750,000 people who may be forced to leave the occupied
Palestinian territory to keep their families
intact. Together with the many foreign nationals who have
established their primary business, investment or
professional activities in the oPt, or otherwise aspire to build
their lives in the oPt, the new procedures place them,
at best, in a state of continuous uncertainty, under constant
threat of expulsion or exclusion.
Provisions for entry into East Jerusalem and the Gaza Strip - The
notice omits any indication that foreign nationals
seeking entry into occupied East Jerusalem or the Gaza Strip will
be eligible to apply for temporary admission or
visa extensions.
Lack of accountability -All aspects of Israel's policies with
regard to the Palestinian civilian population have
been characterized by arbitrariness and a complete lack of
transparency; Israel has failed to indicate any
mechanisms that will be established to ensure that even the limited
procedures outlined in the CoGAT
announcement will be implemented let alone that Israeli will comply
with its obligations as an occupying power.
West Bank for another son's wedding. Both mother and father were
born in the West Bank but do not have Palestinian IDs. All three carry
US passports and prior to their departure, they had spoken with a
lawyer, the US State Department, Israeli and US Consulates in an
attempt
to ensure a smooth passage. Another witness reported that on July
19 several people were denied entry including an American woman
married to a Palestinian-American; her husband was permitted entry
with their children.
In yet another incident on 23 May, the wife and six children of
Jamal Ibrahim were denied entry via Allenby Bridge. The youngest child
is
4 years old and the oldest is 15. With the exception of Mr.
Ibrahim, the family carries US citizenship.
7
On 2 July, a Swedish human rights worker for Defense of Children
International (DCI) was denied entry at Ben Gurion Airport, held
overnight and deported the following day. Neither documents from
DCI nor from the United Nations Association for International Services
(UNAIS), the organization sponsoring her voluntary position, were
considered sufficient to facilitate her entry.
Dr. Hatem Abdo, M.D. is a specialist in neurosurgery and is
currently planning a project to establish a hospital to specialize in
cancer
recovery in Jerusalem. He is an American citizen and until
recently, also a Jerusalem ID card holder. He arrived from the United
States this
May, only to be told upon his departure, from which he was
redirected from the Allenby Bridge border crossing to Sheikh Hussein,
that he
is no longer entitled to his rights as a Jerusalem resident. His ID
card was confiscated and now he may only enter the country once a year
as
a tourist. His mission to establish a hospital has been
overshadowed by a personal struggle to re-establish his Jerusalem
residency. He
received his medical training in Egypt, Jerusalem, England, Canada
and the United States and his presence would have a great impact on
the quality of medical care available to Palestinians in Jerusalem.
By denying individuals such as Dr. Abdo, Israeli authorities are
effectively contributing to a Palestinian "brain drain" and
preventing the establishment of projects intended to benefit the
collective quality
of life in the oPt.
Ibrahim Abed Al Rahman, for example, a Palestinian American whose
spouse carries a Palestinian ID recently reported that he was denied
entry twice -- once in June of 2006 and a second time in August of
the same year. As the Israeli authorities marked his US passport, he
stayed in Jordan for more than a month awaiting a new one from the
US Embassy. He is a prominent business man who owns considerable
property in Abu Shkhedim which he is unable to attend to. He is
currently dependent on his son, who also holds an American passport, to
oversee his business, but his son is also fearful of having is
right to enter revoked.
8
On 9 July In an article in the Electronic Intifada, Matthew Cassel,
assistant editor and Photographer, chronicles his own denial through
the
Sheikh Hussein crossing in late June 2007.
---------------------------------
Page 5
In short, Israeli authorities have failed to provide a transparent
policy on which foreign nationals wishing to
enter or maintain their presence in the occupied Palestinian
territory can rely and instead have continued to
pursue both policies and practices that fail to comply with
International Humanitarian Law.
III. WHAT SHOULD BE DONE?
Third states maintaining friendly relations with Israel command the
standing to challenge the arbitrary
exclusion of their nationals from the oPt. They also have an
obligation to scrutinize Israel's exercise of
authority as an occupying power and to oppose arbitrary denials of
entry and residency that harm Palestinian
family life, educational and social service institutions,
businesses and social and economic development more
broadly.
Third states are urged to:
1. Ensure Israeli implementation of the rights to family unity and
family reunification and the establishment of
clear and transparent procedures for foreign nationals seeking to
reside in the oPt, in keeping with international
law.
- obtain Israeli cancellation of CoGAT's stipulation that
foreigners are restricted to a 27-month, single
entry, maximum stay
Types of denial of entry cases documented post-CoGAT announcement
Cases of denial documented:
Dec
2006*
Jan
2007
Feb
2007
Mar
2007
May
2007
June
2007
July
2007
Aug
2007
Ports of entry
Allenby Bridge
X
X
X
X
X
X
X
Ben Gurion Airport
X
X
X
X
X
X
Sheikh Hussein Bridge
X
X
X
X
X
Taba
X
X
X
X
Nationals
Arab World**
X
Europe
X
X
X
X
X
X
Latin American
X
X
X
X
X
North America
X
X
X
X
X
X
X
Other
X
Types of visitors
Business persons
X
X
X
X
Development, human rights, &
humanitarian workers
X
X
X
X
Family
X
X
X
X
X
X
X
Health professionals, educators & social
service providers
X
X
X
X
Media & filmmakers
X
X
X
X
Students & researchers
X
X
X
X
X
X
Tourists & visitors
X
X
X
X
X
X
X
Other***
X
X
*from 13 December 2006 when Israeli Major General Mishlav,
Coordinator of Government Activities in the Territories
(COGAT), first informed the EU of its revised policy on entry and
visa renewals for the oPt.
** Citizens of Arab countries are particularly reluctant to report
entry denials. Procedures outlined in the COGAT and
MOFA notices pertain only to countries having visa agreements with
Israel; no provision for visas or entry permits are
made for Jordanian nationals – the vast majority of those seeking
family unification – or other Arab nationals seeking to
visit or reside in the oPt.
*** Others include those affiliated with the church and/or other
religious institutions.
---------------------------------
Page 6
- demand Israel's adoption and implementation of a clear,
transparent policy for issuing residency permits
to foreign nationals
2. Call for an immediate halt to Israel's arbitrary and abusive
practice of denying entry to foreign nationals
traveling to the oPt.
- demand Israel's adoption and implementation of a clear,
transparent policy for unhindered access to the
oPt by foreign nationals
- obtain explicit assurances that people who have previously been
denied entry will be permitted to re-
enter the oPt
- end the practice of issuing permits that restrict exit and
re-entry
- end the practice of issuing permits of less than three months to
those traveling to the oPt
- cease the collective punishment of those whose relatives may have
'overstayed' their original visa
duration
3. Apply vigorous scrutiny to cases of denied entry and denied
residency in the oPt with a view to promoting
Israel's adoption and transparent application of principles
consistent with the internationally accepted rights and
obligations of an occupying power.
- set up clear mechanisms for citizens to report and appeal cases
of denied entry
- set up clear mechanisms for liaising with Israeli authorities to
ensure safe passage to the oPt for all
citizens and ensure the prompt and proper resolution of cases where
safe passage has been hindered
- insist on receiving a formal explanation of each decision taken
by Israel to bar any of their citizens from
the oPt
- object to all arbitrary denials of entry and residency that harm
Palestinian family life, educational, health
and social service institutions and businesses and act to resolve
all such cases of exclusion.
4. Respect the duty of all states not to acquiesce to
internationally unlawful acts, bearing in mind that failing to
object to prima facie unlawful acts or policies when notified of
them implies accepting them as lawful.
5. Promote Israel's compliance with International Humanitarian Law
with appropriate and effective tools of
persuasion and dissuasion. Take appropriate measures based on
reciprocity to ensure that the correct
treatment accorded Israeli nationals seeking to enter third
countries is reciprocated by correct treatment of their
nationals seeking to enter Israel or the oPt
Concerned individuals and organizations are called on to intensify
their efforts to hold the governments of
Israel, third states and the Palestinian National Authority to
their respective obligations under international
humanitarian law and international human rights law.
----- End forwarded message -----
HTML Attachment
Enrique Ferro
Date: Sat, 8 Sep 2007 22:19:18 +0200
From: "Enrique Ferro"
Subject: C a m p a i g n f o r t h e R i g h t o f E n t r y / R e - E n t r y t o t h e O c c u p i e d P a l e s t i n i a n T e r r i t o r y ( o P t ). 2007 SUMMER REPORT
C a m p a i g n f o r t h e R i g h t o f E n t r y / R e - E n t r y t o t h e O c c u p i e d
P a l e s t i n i a n T e r r i t o r y ( o P t )
A Grassroots Campaign for the Protection of Foreign Passport Holders Residing in and/or Visiting the oPt
SUMMER 2007 -- SITUATION UPDATE FOR JULY & AUGUST 2007
(31 August 2007)
I. STATUS OF ENTRY DENIALS SINCE ANNOUNCEMENT OF NEW PROCEDURES IN
DECEMBER 2006
A. Recent developments
Eight months following an announcement by Israeli authorities purportedly resolving the issue of entry denials,
the Campaign continues to document cases of persons denied entry clearly demonstrating that Israel's regulation
of entry into the occupied Palestinian territory (oPt) by foreign nationals remains arbitrary, abusive and
internationally unlawful.
1
Interventions by a number of third states demonstrate that they can and must play an instrumental role in
challenging Israel's denial of entry policy:
In late July, the Spanish Consulate in Jerusalem intervened when three peace activists from Paz Ahora, Julio
Rodríguez Bueno, Carmen Montilla and Ignacio Saldaña Herrero were detained at the Allenby Bridge crossing.
They were trying to enter the oPt to meet 60 Palestinian children and take them back to Spain as part of a program
called Vacaciones por la Paz (Holidays for Peace). They were eventually allowed to enter on July 24 on a one-
week visa.
On August 9, a German citizen and Dienst service passport holder was denied re-entry through BGA upon his
return from a trip that departed from there in July. MA not only has a special service passport due to his work
with a German institution, he also has an Israeli issued B-1 visa, a Palestinian ID, and has been provided lem
sheml [family unification] by Israel in order to be with his wife and children who hold Jerusalem IDs. After 13
hours in a detention center, he was finally permitted re-entry thanks to the direct involvement of German
Embassy officials. Israeli authorities, however, cancelled his Dienstpass, because he holds a Palestinian ID,
thereby prohibiting his ability to access BGA for future travel.
On 13 August, Bulgaria's Consul General and a Jerusalem Legal Aid Center attorney, Sliman Shaheen,
intervened when 65 year old Gerga Petrova Ivanova was denied entry and detained at Ben Gurion Airport. Israeli
authorities initially refused Gerga passage to see her daughter who resides in the oPt with her husband, a
Palestinian ID holder. After 36 hours in detention, Ms Ivanova was given a 2-day entry permit which was
subsequently extended to 3 months upon the Bulgarian Consul General's approach to Israeli authorities.
1
In December 2006, the Coordinator for Government Activities in the Territories (CoGAT) outlined new procedures for entry into the
occupied Palestinian territory (oPt). On December 28, a letter announcing the new procedures for foreign nationals wishing to visit, live or
work in the oPt was sent by CoGAT to Dr. Sa'eb Erakat and several diplomatic missions in Tel Aviv, including the German (then
representing the EU-presidency) and US Embassies. In March 2007, a similar statement was issued by the Israeli Ministry of Foreign
Affairs and addressed to third state missions. On 5 March, the Israeli Ministry of Foreign Affairs issued a statement entitled "Transit Policy
to the West Bank via Israel."
In another possible violation of
--------------------------------------------------------------------------------
Page 2
Agreements between Israel and third States permitting passage of their nationals without delay or hindrance
continue to be disregarded by Israel:
On July 27, Chilean Elisa Abedrapo was denied re-entry through Allenby Bridge despite written assurance by the
Israeli Ministry of Foreign Affairs to the Chilean Government that she would be permitted passage. Elisa is one of
two Chilean nationals whose government requested and received written "clearance" to enter by Israeli authorities
earlier this year.
2
Ms. Abedrapo narrates her encounter at the Allenby Bridge crossing on July 27 as follows: "The
soldier at the window said me a very nice 'hi', but suddenly her mood changed when she opened my passport and
saw my name. She asked if I have a Palestinian or Jordanian passport, and I told her, of course not, as 'my great
grand father went to Chile one century ago.' She asked me for the name of my father (Jorge) and then for the
name of my grandfather (Jorge too) and then for the name of my mother (Elisa) and if she is Arab too. After
that, the soldier told me 'go and sit.'" After further interrogation, Abedrapo was permitted to enter on a one-week
visa with a warning that overstaying by even a single day would result in imprisonment. After Ms Abedrapo was
denied entry in February of this year, the Chilean Government successfully intervened on her behalf and she was
granted a 3-month tourist visa in April. This latest incident again demonstrates that while interventions on a case-
by-case basis can be successful, resolution of the issue requires demanding a change in Israel's policy.
In short, the denial of foreign citizens into the oPt continues to adversely affect the fabric of family life as
many of those denied have spouses or close relatives who are Palestinian ID holders. The denials of entry also
continue to affect economic development and the provision of essential health and education services to the
Palestinian people. At a time when foreign investment is especially crucial and when members of the Palestinian
Diaspora seek to bring specialized skills back into the Palestinian community, a clear and transparent policy for
securing entry into the oPt is essential. Investment opportunities have become increasingly risky and projects
aimed at providing specialized institutions face tremendous difficulties due to the lack of predictability which
continues to characterize Israel's entry policy.
Moreover, as in previous months, Israel continues to resort to the arbitrary issuing of visas of short duration
– sometimes as little as one to two weeks. This trend suggests a cynical attempt to undermine demands by third
states that Israel cease its arbitrary denial of entry to and residence in the oPt and honor its obligations under
International Humanitarian Law.
3
The issuing of visa durations on an unpredictable and arbitrary basis and
mistreatment of visitors at border crossings -- like arbitrary denials -- incur inhibiting costs and discourage
individuals from traveling to the oPt whether to visit, work or reside and in effect contributes to the continuation
of the denial of entry policy.
In this light, the Campaign maintains its demand for third party states to actively pursue the securing of a clear,
transparent and lawful policy for all foreign nationals wishing to enter the oPt through Israel in line with its
obligations under International Humanitarian Law; random and piecemeal "alleviation" of the illegal practice
of entry denial is no substitute for its abolition. The Campaign further maintains that following recent events
and announcements by Israel and the international community of their commitment to assist Palestinians in a more
sustainable fashion, the time has come for all parties, particularly members of the Quartet, to address the
issue of family unification and visitation rights in a serious fashion. The Government of Israel, in the Oslo
2
The other, Nadia Hassan, attempted to re-enter through Ben Gurion Airport (BGA) in May based on the Israeli letter, but was denied entry
for the fifth time since September 2005. Nadia was also denied access to the Chilean Consular official waiting for her at the airport, in
possible violation of the Vienna Convention on Consular Relations.
In another possible violation of the Vienna Convention, LK was refused repeated requests to contact the US Embassy during the first 24
hours of her detention at BGA on June 27. Only after persistent demands was LK finally given an opportunity to speak with US Consular
officials. The initial denial of entry was rescinded after intervention by an attorney and a court judgment. LK holds dual US-British
passports. Despite presenting only a US passport for entry, LK's British passport was stamped as well, against LK's wishes.
3
See, for example, cases above: Chilean citizen Elisa Abedrapo and Bulgarian citizen Gerga Petrova Ivanova. In another incident, reported
on July 26 in the Israeli newspaper, Yedioth Ahronoth, Nigel Kennedy, one of the best-known violinists in the world, was delayed at Ben
Gurion Airport even though the British Foreign Ministry had sent his particulars in advance to the relevant officials. It was only after an
urgent message from the British Embassy that Kennedy was allowed to enter Israel. A few weeks prior, a French band was held up for a
three-hour security check. All of their musical instruments were confiscated, in spite of their protests, and were returned to France only a
week later. Some of the expensive instruments had been badly damaged. The band was the guest of the French Embassy in Israel, and the
French Foreign Ministry had sent the particulars of all its members to the authorities at Ben Gurion Airport, but to no avail.
--------------------------------------------------------------------------------
Page 3
Accords, has already accepted the principle of issuing permanent residency to foreign nationals wishing to live in
the Palestinian Authority areas. The Quartet and other parties should demand the immediate resumption and
transparent processing of the 120,000+ pending family unification applications as an immediate first step.
B. Ongoing practices
Cases documented by the Campaign demonstrate that Israel is failing to implement even the limited procedures
outlined in Ministry of Defense and Ministry of Foreign Affairs announcements in a consistent and transparent
manner:
1. Individuals continue to be denied entry at all major ports of entry -- Allenby Bridge, Sheikh Hussein
Bridge, Ben Gurion Airport and Taba.
2. The overwhelming majority of documented cases since January 2007 involve US citizens. Among the
cases of entry denial are citizens from Australia, Canada and EU member countries as well as countries in Latin
America, East Asia, the Middle East and Eastern Europe. Documented cases include men, women and
children, ranging from 2 to over 70 years in age.
3. Procedures set out in the announcements are not being implemented in a clear, consistent and
transparent manner.
* Individuals who have demanded explanation for their denial of entry have been physically abused and
forced back into vehicles returning to Jordan.
* Individuals who have previously traveled to the region on a regular basis have been denied entry for the
first time. Others who have never visited the country have also been denied.
* Individuals who were denied entry in 2006 and were then able to obtain some form of clearance to enter
have again been denied entry in 2007.
* Israeli assurances to third state representatives regarding granting entry for particular foreign nationals
have repeatedly failed to materialize in several instances.
4
* Individuals seeking to apply for permits from Israeli embassies / consulates in their home countries to
enter the West Bank (the procedure "recommended" in CoGAT announcement) have been informed upon
inquiry that this procedure is not in effect.
* Individuals have been denied entry without access to a CoGAT representative contrary to stipulations in
the CoGAT announcement.
* Many of the individuals permitted to enter have been able to do so only through exclusive arrangements –
often for fees including sometimes exorbitant fees to lawyers. Some individuals are being required to
provide monetary deposits (between NIS 20,000 and 50,000) to guarantee their departure before the
expiration of their visas.
* Moreover, the duration of visas issued to a number of individuals granted entry varies widely and is
issued without clear reason or explanation. Documentation includes cases of individuals granted visas for
as little as one week and suggest that the Israeli authorities are increasingly issuing visas of shorter
duration to those indicating the intention to travel to the oPt.
5
* Despite a reactivation of visa extension processes, documented cases suggest that Israel's granting of visa
extensions remains arbitrary, clearly harming Palestinian family life, educational, cultural and social
service institutions and businesses. Moreover, even those who do receive visa extensions are unable to
leave the country since they fear they will be denied entry on their return.
4. The welfare and integrity of countless Palestinian families continue to be affected by separation or the
imminent threat of separation.
6
4
See, for example, cases in introductory section above.
5
See, for example, cases in introductory section above.
6
On July 23 L., a Brazilian national, was denied entry at Ben Gurion Airport. An engineering student in Germany, she was planning to visit
the family of her fiancée, an architecture student from Beit Jala who is also studying in Germany. In the six years that the couple has been
together, she has never been able to visit his family. While the family plans to appeal her denial through the Israeli court system, L.'s
fiancée expects the procedure will be costly and tiresome and therefore their future is uncertain. The reason cited for her denial stems from
her prior visit three years ago. While waiting at the Allenby Bridge crossing, she was writing in her diary. This aroused the suspicions of
the Israeli border guard and though she was allowed entry on that occasion after prolonged questioning, it now appears that this incident
was permanently recorded and was cited as the reason for her current refusal. At the time of writing, she is back in Germany and the
couple's wedding has been cancelled.
Also in July, eyewitness Dr. Mazin Qumsiyeh, a geneticist living in the US, reported to the Campaign that while he was crossing Allenby
Bridge with his wife on July 12, he met the mother, father and son of a Palestinian-American family who were prevented from entering the
--------------------------------------------------------------------------------
Page 4
* Spouses remain separated despite provisions in the CoGAT announcement for their visa entry and
renewals.
* Young children continue to be separated from their parents and the elderly are denied visits and essential
care from their immediate family.
5. The functioning of Palestinian health, educational and social services and businesses continue to be
affected.
7
6. Members of the international press have been denied entry to Israel and the oPt.
8
II. CRITICAL ISSUES STILL TO BE ADDRESSED
Moreover, critical shortcomings in CoGAT announcement have yet to be addressed:
The right to family unification & long-term residence -
The CoGAT notice addresses only the issue of temporary admissions (typically for short-term family visits,
tourism and humanitarian, business, educational or other professional activities). Israel has yet to provide any
indication regarding a change in policy regarding its refusal to process family unification applications since late
2000. The PA's Ministry for Civil Affairs estimates that it has received more than 120,000 requests for unification
since that time. Israel's continued refusal to process family reunification applications directly affects as many as
500,000 to 750,000 people who may be forced to leave the occupied Palestinian territory to keep their families
intact. Together with the many foreign nationals who have established their primary business, investment or
professional activities in the oPt, or otherwise aspire to build their lives in the oPt, the new procedures place them,
at best, in a state of continuous uncertainty, under constant threat of expulsion or exclusion.
Provisions for entry into East Jerusalem and the Gaza Strip - The notice omits any indication that foreign nationals
seeking entry into occupied East Jerusalem or the Gaza Strip will be eligible to apply for temporary admission or
visa extensions.
Lack of accountability -All aspects of Israel's policies with regard to the Palestinian civilian population have
been characterized by arbitrariness and a complete lack of transparency; Israel has failed to indicate any
mechanisms that will be established to ensure that even the limited procedures outlined in the CoGAT
announcement will be implemented let alone that Israeli will comply with its obligations as an occupying power.
West Bank for another son's wedding. Both mother and father were born in the West Bank but do not have Palestinian IDs. All three carry
US passports and prior to their departure, they had spoken with a lawyer, the US State Department, Israeli and US Consulates in an attempt
to ensure a smooth passage. Another witness reported that on July 19 several people were denied entry including an American woman
married to a Palestinian-American; her husband was permitted entry with their children.
In yet another incident on 23 May, the wife and six children of Jamal Ibrahim were denied entry via Allenby Bridge. The youngest child is
4 years old and the oldest is 15. With the exception of Mr. Ibrahim, the family carries US citizenship.
7
On 2 July, a Swedish human rights worker for Defense of Children International (DCI) was denied entry at Ben Gurion Airport, held
overnight and deported the following day. Neither documents from DCI nor from the United Nations Association for International Services
(UNAIS), the organization sponsoring her voluntary position, were considered sufficient to facilitate her entry.
Dr. Hatem Abdo, M.D. is a specialist in neurosurgery and is currently planning a project to establish a hospital to specialize in cancer
recovery in Jerusalem. He is an American citizen and until recently, also a Jerusalem ID card holder. He arrived from the United States this
May, only to be told upon his departure, from which he was redirected from the Allenby Bridge border crossing to Sheikh Hussein, that he
is no longer entitled to his rights as a Jerusalem resident. His ID card was confiscated and now he may only enter the country once a year as
a tourist. His mission to establish a hospital has been overshadowed by a personal struggle to re-establish his Jerusalem residency. He
received his medical training in Egypt, Jerusalem, England, Canada and the United States and his presence would have a great impact on
the quality of medical care available to Palestinians in Jerusalem. By denying individuals such as Dr. Abdo, Israeli authorities are
effectively contributing to a Palestinian "brain drain" and preventing the establishment of projects intended to benefit the collective quality
of life in the oPt.
Ibrahim Abed Al Rahman, for example, a Palestinian American whose spouse carries a Palestinian ID recently reported that he was denied
entry twice -- once in June of 2006 and a second time in August of the same year. As the Israeli authorities marked his US passport, he
stayed in Jordan for more than a month awaiting a new one from the US Embassy. He is a prominent business man who owns considerable
property in Abu Shkhedim which he is unable to attend to. He is currently dependent on his son, who also holds an American passport, to
oversee his business, but his son is also fearful of having is right to enter revoked.
8
On 9 July In an article in the Electronic Intifada, Matthew Cassel, assistant editor and Photographer, chronicles his own denial through the
Sheikh Hussein crossing in late June 2007.
--------------------------------------------------------------------------------
Page 5
In short, Israeli authorities have failed to provide a transparent policy on which foreign nationals wishing to
enter or maintain their presence in the occupied Palestinian territory can rely and instead have continued to
pursue both policies and practices that fail to comply with International Humanitarian Law.
III. WHAT SHOULD BE DONE?
Third states maintaining friendly relations with Israel command the standing to challenge the arbitrary
exclusion of their nationals from the oPt. They also have an obligation to scrutinize Israel's exercise of
authority as an occupying power and to oppose arbitrary denials of entry and residency that harm Palestinian
family life, educational and social service institutions, businesses and social and economic development more
broadly.
Third states are urged to:
1. Ensure Israeli implementation of the rights to family unity and family reunification and the establishment of
clear and transparent procedures for foreign nationals seeking to reside in the oPt, in keeping with international
law.
- obtain Israeli cancellation of CoGAT's stipulation that foreigners are restricted to a 27-month, single
entry, maximum stay
Types of denial of entry cases documented post-CoGAT announcement
Cases of denial documented:
Dec
2006*
Jan
2007
Feb
2007
Mar
2007
May
2007
June
2007
July
2007
Aug
2007
Ports of entry
Allenby Bridge
X
X
X
X
X
X
X
Ben Gurion Airport
X
X
X
X
X
X
Sheikh Hussein Bridge
X
X
X
X
X
Taba
X
X
X
X
Nationals
Arab World**
X
Europe
X
X
X
X
X
X
Latin American
X
X
X
X
X
North America
X
X
X
X
X
X
X
Other
X
Types of visitors
Business persons
X
X
X
X
Development, human rights, &
humanitarian workers
X
X
X
X
Family
X
X
X
X
X
X
X
Health professionals, educators & social
service providers
X
X
X
X
Media & filmmakers
X
X
X
X
Students & researchers
X
X
X
X
X
X
Tourists & visitors
X
X
X
X
X
X
X
Other***
X
X
*from 13 December 2006 when Israeli Major General Mishlav, Coordinator of Government Activities in the Territories
(COGAT), first informed the EU of its revised policy on entry and visa renewals for the oPt.
** Citizens of Arab countries are particularly reluctant to report entry denials. Procedures outlined in the COGAT and
MOFA notices pertain only to countries having visa agreements with Israel; no provision for visas or entry permits are
made for Jordanian nationals – the vast majority of those seeking family unification – or other Arab nationals seeking to
visit or reside in the oPt.
*** Others include those affiliated with the church and/or other religious institutions.
--------------------------------------------------------------------------------
Page 6
- demand Israel's adoption and implementation of a clear, transparent policy for issuing residency permits
to foreign nationals
2. Call for an immediate halt to Israel's arbitrary and abusive practice of denying entry to foreign nationals
traveling to the oPt.
- demand Israel's adoption and implementation of a clear, transparent policy for unhindered access to the
oPt by foreign nationals
- obtain explicit assurances that people who have previously been denied entry will be permitted to re-
enter the oPt
- end the practice of issuing permits that restrict exit and re-entry
- end the practice of issuing permits of less than three months to those traveling to the oPt
- cease the collective punishment of those whose relatives may have 'overstayed' their original visa
duration
3. Apply vigorous scrutiny to cases of denied entry and denied residency in the oPt with a view to promoting
Israel's adoption and transparent application of principles consistent with the internationally accepted rights and
obligations of an occupying power.
- set up clear mechanisms for citizens to report and appeal cases of denied entry
- set up clear mechanisms for liaising with Israeli authorities to ensure safe passage to the oPt for all
citizens and ensure the prompt and proper resolution of cases where safe passage has been hindered
- insist on receiving a formal explanation of each decision taken by Israel to bar any of their citizens from
the oPt
- object to all arbitrary denials of entry and residency that harm Palestinian family life, educational, health
and social service institutions and businesses and act to resolve all such cases of exclusion.
4. Respect the duty of all states not to acquiesce to internationally unlawful acts, bearing in mind that failing to
object to prima facie unlawful acts or policies when notified of them implies accepting them as lawful.
5. Promote Israel's compliance with International Humanitarian Law with appropriate and effective tools of
persuasion and dissuasion. Take appropriate measures based on reciprocity to ensure that the correct
treatment accorded Israeli nationals seeking to enter third countries is reciprocated by correct treatment of their
nationals seeking to enter Israel or the oPt
Concerned individuals and organizations are called on to intensify their efforts to hold the governments of
Israel, third states and the Palestinian National Authority to their respective obligations under international
humanitarian law and international human rights law.
Labels: Entry Denial into West Bank, Israel Breaks International Law, US Citizens Denied Entry Into West Bank
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