Jerusalem Post: “Non-residents in territories threaten to sue Israeli gov’t”

by Dan Izenberg, December 3rd

Foreign passport holders married to Palestinians in the West Bank and Gaza and those of Palestinian descent who want to visit their extended families in the territories are considering filing a class action suit against the Israeli government for refusing to grant them visitors’ visas, a Palestinian spokesman has told The Jerusalem Post.

The spokesman, Basil Ayish, is the media committee coordinator of the Campaign for the Right of Entry/Re-Entry to the Occupied Palestinian Territory.

Meanwhile, Shlomo Dror, spokesman for the Coordinator of Activities in the Territories, told the Post that in accordance with instructions from the Interior Ministry, the Military Government was no longer extending the three-month tourist visas for more than one year.

According to Ayish, there are some 120,000 families in the West Bank and Gaza in which one of the spouses is a foreign passport holder who is not registered in the Palestinian population registrar.

After Israel captured the West Bank and Gaza in 1967, it held a census and registered all Palestinians in the territories at the time as residents in the Palestinian population registrar. Since then, only the children of Palestinian parents who are both residents of the West Bank and Gaza are automatically eligible to be registered as residents of the territories.

The only way for those who do not meet the above conditions to become residents of the territories is through the process of family reunification. However, since the outbreak of the second intifada in 2000, Israel has stopped processing such requests.

Since then, according to Ayish, the only way for a family consisting of one resident of the territories and one non-resident to live together in the West Bank and Gaza has been for the non-resident to obtain a visitor’s visa, good for three months at a time.

Until three months ago, these visas were more or less automatically renewed. However, until the Palestinian Authority was established, applicants had to leave the territories and ask the Israeli authorities to extend the visa for another three months from outside the country.

Ayish said last week that since the establishment of the PA, many Palestinian non-residents sent their applications to renew their visas to the PA, which served as a go-between between the applicant, who no longer had to leave the West Bank, and the Israeli authorities.

These arrangements were never entirely satisfactory. Over the past few years, Israel often rejected applications by non-residents to extend their visas and the applicant, often a parent to children living in the West Bank, was preventing from returning to his family.

According to Ayish, however, Israel’s new policy has intensified of late. During the past two weeks, he said, 250 foreign passports submitted by the PA to Israel for visa extensions had been returned with a stamp declaring that this was the last time non-residents would be able to apply via the PA. From now on, all applicants would again have to leave the territories and apply from outside the country. Ayish said these people were afraid that once they left their families, they would not be allowed to return.

Not all of the applicants are married to residents of the territories. Some are citizens of other countries, mainly the US, and of Palestinian descent who have routinely spent the summers in the West Bank or Gaza to be with their extended families and immerse themselves in Palestinian culture. Israel has begun systematically denying these requests as well, according to Ayish and the human rights organizations.

There are other categories of foreigners who are currently being prevented from entering the territories, including university students, humanitarian workers and tourists.

On Tuesday, Ayish’s organization held a meeting in El-Bireh to consider legal action against Israel. Speakers, including attorney Muhammad Dahleh, charged that Israel’s policy was in violation of international humanitarian and human rights law. They called on the foreign nationals to urge their home countries to put pressure on Israel to change its policy.

According to B’Tselem and Moked, Israel is denying the Palestinians the basic right to family life by restricting their choice of partners.

“Israel is targeting the most vulnerable segment of Palestinian society in order to force a demographic change [in the territories],” Ayish told the Post. “It is forcing families to separate and ultimately leave.”

According to Dror, the Military Government will send an official to Ben-Gurion Airport to examine each visa application on its merits and determine whether or not to renew it. Only in humanitarian and other special cases, will the official allow applicants to return to the territories if they have already spent one uninterrupted year there.

Dror added that the PA was to blame for the fact that so many West Bank non-residents were still without resident status. Israel, he said, had told the PA in 1996 that it was prepared to register 20,000 foreign passport holders in the West Bank and Gaza Population Registry. “The PA did not forward any names to us,” he said.

By late 2000, with the onset of the second intifada, the window of opportunity closed, Dror said. Today, with Hamas in charge of the PA, there was no cooperation between it and the military government, he added.

Newbury News: “Peace worker’s tales of war”

by Neil Welch, December 1st

Human rights worker teams up with Newbury shop owner to raise funds for the woman who saved her life

A HUMAN rights worker who spent last Christmas in an Israeli jail has visited Newbury to help raise money for the woman who saved her life.

Sharon, 33, won’t give out her surname as she fears Israeli authorities will use the information to ban her from the country or lock her up again. She gave a talk and showed a video at Friends Meeting House in Newbury on Wednesday to highlight the plight of Palestinians in Israel. Sharon was put in prison after being banned from a peace conference in Bethlehem on December 21 last year, spending 11 days behind bars.

“It was ironic that I was trying to get to Bethlehem and they wouldn’t let me,” she said.
Although her time in prison was hard, she wasn’t subjected to the same abuse as some of her fellow peace workers. “My colleague Vic was beaten by seven guards to try and convince him to get on the plane back. They just shouted at the girls,” she said. “Another peace worker arrived on Christmas Day and bought decorations and chocolate coins – those were our presents.”

But this wasn’t the most difficult time in Sharon’s travails. On April 1, 2002, Israeli soldiers opened fire on her and nine other peace workers at a protest. She was left with near-fatal wounds. “We had our hands in the air and were walking backwards,” she said. “I was shot in the stomach. “It was April Fools Day – and the first time the Israeli army had used live ammunition on human rights workers.”

Sharon said that despite the bloodshed, the hospital was nearly empty because the army wouldn’t let Palestinians out of their houses, even for medical attention. “Children were spending the night in their homes with their dead parents,” she said. It was in hospital that she met Abla, the nurse whose care helped save her life. “Her dream was to study public health, and she couldn’t achieve that without outside help,” Sharon said.

Jacqui’s Convenience Store, on the corner of Berkeley Road and Blenheim Road in Newbury, is helping raise money for Abla, 29, with a collection tin. The shop has raised around £170 so far, which has helped to put Abla through her first two semesters at Al Quds University in Jerusalem.

Jacqui Finch, who owns the store, said she was glad to aid the cause. “It’s great to help Abla achieve what she has done so far,” she said. “People are happy to contribute when they hear her story – even school children are putting their pennies in.”

Sharon, who is trained as a medic, works for the International Solidarity Movement, a group made up of Israeli, Palestinian and Western human rights workers. She visits the Middle East around three times a year, and spends her time in the UK raising awareness of civilians’ plight. And after spending last Christmas behind bars, she has no intention of relaxing with some turkey and a glass of wine this year. “I’ll probably go and work in Lebanon for Christmas,” she said.

Humanity lost

by Laila El-Haddad, November 29th

We stood and we waited and we cried and we returned back to Egypt yesterday, and again today. Us and thousands of others.

It was anguish. Anguish and misery and desperation personfied in every woman, man and child.

One hour turned into two, then three, then five, as we stood shielding our eyes from the piercing midday sun on Wednesday, when we were told the Crossing would be opening for a few hours.

Some wailed in exhaustion, others fainted, still others cracked dry humor, trying to pass the time. We stood, thousands of us, packed together elbow to elbow like cattle, penned in between steel barriers on one end, and riot-geared Egyptian security guards on the perimeter, who were given orders not to allow anyone through until they hear otherwise from the Israelis-and to respond with force if anyone dared.

Many of the people had been waiting for more than two weeks to cross back into Gaza, sometimes making the trip to the crossing several times a day upon receiving word of its imminent opening.

“We have been waiting for 15 days now. Only god knows when it will open-today, tomorrow, the day after?” said 57-year-old Abu Yousuf Barghut, his shrapnel-riddled arm trembling by his side.

His tearful wife, Aisha, added: “God knows we only went to seek treatment for him and to come right back. And now we are stuck and waiting us in Gaza are my four children. This is the most basic of rights-to be able to return to our homes, and we are even denied that.”

“The only way anyone will actually pay attention to our plight is if one of us dies here, and even then, I’m not sure the world will care,” stammered one young man, Isam Shaksu, his eye heavily bandaged after having received an corneal implantation in Jordan.

In July, seven Palestinians waiting to be let into Gaza from Egypt died waiting to cross Rafah.

After the hours and the sun, one would have thought the black steel gates ahead of us were the gates to Heaven, but in fact they only led to more masses, more waiting, more hell.

There is something you feel as you stand there, and sometimes squatted, for hours at a time, waiting to be let through the Egyptian side of Rafah Crossing. It is something of your humanity slowing drifting away. It is gradual, but unmistakable.

And you are never quite the same again.

There were mixed Israeli orders-first to open the crossing for three days, starting Wedneday, yesterday; then breaking news at 11pm retracted that order, and by Wednesday morning, another about-face saying that the border would in fact be opened. By the time we arrived, it was 11am, and already somewhere around 2000 has amassed in front of the gates. And no one was budging.

Yousuf waited along with us, asking incessantly “When would the crossing open??”, and begging me to pose the same quetion to the Egyptian officers manning it. Everytime he’d see the gate budge open he would get excited and yell “Its open!! Its open!!”. And everyone would heave a heavy sigh.

When we finally did make it inside the “Second sector” of the Egyptian side, the relief was overwhelming-we had moved 50 metres!! And we could wait another four hours if it meant we’d finally be allowed through. But instead we faced yet another uncertain wait; it was like some sadistic game with no certain ending.

As we waited, we saw members of the Palestinian athletic teams heading to the Asian games after a two week delay.

We also saw Ismail Haniya on his way out to his Arab tour. He stopped to mingle with the desperate crowds, some hailing him, some complaining about how long they had waited.

We finally learned that the crossing had been closed this entire time, and the Egyptians were only allowing people through to give them some hope to cling on to-and to prevent the masses from rioting, which has happened before.

We thought once he’d passed, we’d be allowed through. But it is then we learned that Mahmud Zahar had crossed earlier that morning-carrying suitcases full of $20 million.

The European Monitors were not pleased. How could he not declare the money, and how could he have the audacity to try and bring in money to feed his peole in the first place??

They filed a “complaint” with the Israelis, who immediately told them to shut down the crossing, without giving a reason, leaving thousands-including Yousuf, my parents and I, stranded.

My mother and Yousuf had gone ahead of my father and I-and our bags-into the terminal, and Yousuf fell asleep in the mosque. It was then that the officers had informed us the crossing was no longer operational-and everyone who was inside, even those who had already made it as far as the Palestinian side, would have to go back.

We pleaded with an Egyptian Officer: “It took us 6 hours to get as far the inside of the terminal, please let us through”.

“Big deal-it took me ten hours to get here from Cairo,” he retorted, as I reminded myself they get paid a measly 180 Egyptian pounds a month and couldn’t care less.

Another officer was more sympathetic.

“What you lot have to understand is that no one gives a damn what happens to you-you could sit here and suffocate for all they care. You are simply not human enough for them to care.”

When is it that we lost our humanity, I wondered? And when is it that the humanity and desperation of a people, waiting desperately to be let through to their homes, was less important than the call of duty? And that a government was made to choose between feeding their own people, or giving them passage to their homes?

Inside the terminal, the scenes were dizzying. Already disoriented form lack of sleep and little food, I looked around in awe. It was nothing short of an interment camp, and I lost myself somewhere between the silent anguish of old men, aching, teary eyed-women on the verge of collapse, and children, some strewn across the floor in exhaustion, others who were sick, in wheelchairs, wailing…

We returned to Arish, exhausted and sleep deprived, only to find that all of the apartments were occupied by returning passengers. The only flat we found was one without hot water and leaky ceiling pipes, but we couldn’t care less. By 9pm we were all out.

The next morning, we left again to the border-where we had left our suitcases-despite word from taxi drivers that the crossing would not open. We waited again, this time for only 5 hours, until we decided it was an exercise in futility.

Everyone was looking for answers-some answers, any answers. When would the crossing open? Was there hope it would open today? If so, what time? Should we wait, should we return to Arish? Nobody knew.

Every now and then someone would make a call to some secondary source they knew in Gaza or on the border, and rumors would spread like wildfire across the masses. “At noon-they say at noon there is a possibility it will open! Patience, patience!”.

And then we wait some more.

One man, frustrated, took his bags and began to push them back on a trolley and out through the throngs of exhausted passengers.

“Where the hell do you think you’re going??” bellowed one of the Egyptian officers.

“To Jerusalem! Where do you think??” he snapped.

It was nearing the end of our long day, and overcome by exhaustion, we didn’t know whether to laugh or cry.

A friend in the UN told me the Europeans had left their posts after yesterday’s “incidents” and thus the Palestinian side of the crossing has shut down indefinitely now.

And so now, we return to square one. Back in Arish, waiting, as ever, for the border to open.

Palestininan youth worker to be detained without charge for another six months

By the Alternative Information Centre

An Israeli military court has approved the extension of Ahmad Abu Hannya’s administration detention until May 14, 2007. By the of this period Ahmad, an Alternative Information Center (AIC) staff member, will have been imprisoned for two years.

Ahmad, coordinator of the AIC youth group in Bethlehem, was detained at a checkpoint on his way to work on May 18, 2005 and placed in administrative detention — imprisonment without trial or charges. As with all of the approximately 600 Palestinian administrative detainees currently being held by Israel, Ahmad and his attorney are not even permitted to know the evidence against him.

As Ahmad stated before the military court, “They tell me that I am a danger to the security of the region. Yet for years I have worked with Israelis. I have Israeli friends. I always emphasise the fact that on this land it is possible to live in peace. How am I dangerous exactly?”

Ahmad has been adopted as an appeal case by Amnesty International, and is supported by the American National Lawyers Guild.

The continuing detention of Ahmad and so many other Palestinians blatantly violates international law, which permits administrative detention only as an exceptional and highly regulated measure. Administrative detention violates the fundamental right to liberty and due process, and is used by Israel as a tool to oppress political activists in Palestine who struggle non-violently against the Israeli occupation and for a just peace between Palestinians and Israelis.

We do not know the secret evidence that Israel claims to have against Ahmad. We do know, however, that Ahmad has worked with progressive Israelis and Palestinians since 1998 on behalf of human rights and fundamental freedoms of all peoples in the area. Ahmad has a demonstrated commitment to a just peace and joint life for Palestinians and Israelis in the region.

We urge you to continue advocating with the Israeli authorities and join us in demanding Ahmad’s unconditional release from administrative detention! The Israeli authorities must release Ahmad or charge him with a recognisable criminal offence and in accordance with internationally accepted standards for a fair trial. Despite these difficult circumstances, Ahmad has not given up hope for a just peace in the region and neither has the AIC. Please join us in working for this better future.

ADDRESSES

Prime Minister Ehud Olmert
POB 187
Kiryat Ben Gurion
Jerusalem 91919 Israel
Fax: +972 2 670 5475 or +972 2 566 4838
Email: pm_eng@pmo.gov.il

Menahem Mazuz
Attorney General
Ministry of Justice
29 Salah Adin Street
Jerusalem 91010
Fax: +972 2 628 5438 or +972 2 627 4481

Brigadier General Avihai Mandelblit
Judge Advocate General
6 David Elazar Street
Tel Aviv
Fax: 972 3 569 4370
Email — arbel@mail.idf.il

As Ahmad begins his nineteenth month in prison, we further urge you to write him letters of solidarity:

Ahmad Abu Hannya
ID 917755720
Prisoner number 3186/05
Ktziot Detention Camp 01771
Military Post
Israel

Letters may also be sent by email to: connie@alt-info.org . Please write “For Ahmad Abu Hannya” in the subject line.

Additional information about Ahmad may be found on the website of the Alternative Information Center: www.alternativenews.org.

Baltimore Chronicle: “Refugees are the key”

by Sam Bahour, November 27th

Israel should admit its historical responsibility to the Palestinian people and recognize the rights of the refugees

The Bush Administration’s insistence that the Hamas-led government of the Palestinian Authority recognize Israel’s existence may seek to achieve a moderate Palestinian leadership to enable a peaceful political process between the sides, but what about Israeli leadership and moderation?

For five months Palestinian residents of the Gaza Strip have been subjected to an incessant Israeli military campaign that has left over 500 Palestinians dead. While the provocation of Palestinian crude rocket attacks from Gaza into Israeli towns is well cited in US media, much less emphasized is the fact that most residents of Gaza are refugees from inside what is now Israel. These refugees, along with their brethren in other parts of the region, have been denied their basic human rights solely on the grounds of their ethnicity since their displacement nearly 60 years ago. If American officials really want to advance the peace process, they should apply equal pressure to Israel to recognize Palestinian rights, starting with the refugees.

The Palestinian refugees symbolize the long-standing conflict between Israelis and Palestinians. The refugee problem has its roots in the 1948 Arab-Israeli War, which ended in the mass displacement of over 750,000 Palestinian Arabs (approximately half of the Arab population). According to historical accounts of the War, including from recent Israeli historians, Jewish Zionist forces precipitated the flight of the Palestinian Arabs as part of a campaign of population transfer. The nascent State of Israel subsequently enacted laws to expropriate the refugees’ property and bar their return. The refugees were left homeless and destitute, mostly dependent on foreign aid for survival. The subsequent Israeli occupation of the West Bank and Gaza Strip resulted in the further displacement of around 200,000 Palestinians.

Today there are over 5.5 million Palestinian refugees and displaced persons who have never been allowed the choice to return to their homes or given redress for their losses. The continued denial of their rights encapsulates the decades-long strife, disenfranchisement and dispossession the Palestinians have suffered.

With the advent of the peace process in the early 1990s, hopes were ignited that the Israeli occupation of the Palestinian West Bank and Gaza Strip would end and the plight of the refugees would be resolved. These hopes were dashed as the negotiations reached an eventual deadlock, leading to a stalemate and Israeli military onslaught on Palestinian areas that continues to plague the region.

Following the breakdown of the talks, there was much debate about who was to blame for the failure. But this debate obscures the larger problem stoking the flames of conflict between Israelis and Palestinians: Israel’s unwillingness to comply with rules of international laws, including the rights of the Palestinian refugees, and third party failure to enforce them.

Taking the Palestinian refugee issue as a case in point, the State of Israel, who controls the key to solving their problem, has refused to recognize the right of the refugees to choose whether to return to their homes and denied any responsibility for the problem since 1948. Israel has adopted this position in violation of international law, including UN General Assembly Resolution 194, which affirmed the right of the Palestinian refugees to return to their homes or receive compensation. The General Assembly has affirmed this most basic human right of the Palestinian refugees every year since 1948. Additionally, admission of Israel to membership in the United Nations (General Assembly Resolution 273 of May 11, 1949) requires Israel to comply with General Assembly Resolution 194 of December 11, 1948. At the time, Israel stated it agreed to comply with this resolution.

Israel has defended its refusal to concede the right of return on the grounds that the massive return of Palestinian refugees would spell the death of the Jewish state. But admitting its historical responsibility to the Palestinian people and recognizing the rights of the refugees could in fact deliver security and prosperity to Israel. Indeed, Israeli recognition of these basic principles would improve the atmosphere on the ground, help create more parity between the parties, and provide a fair framework for working out the details of a peace plan for resolving the conflict.

Israel’s first Prime Minister said that “the old [refugees] will die, and the young will forget.” A few days ago, Israel’s current Prime Minister, Ehud Olmert, explicitly stated that Palestinians must “relinquish your demand for the realization of the right of return.” Following these ill- fated desires, Israel has sought to deny or delay addressing the refugee issue. However, the amount of bloodshed since 1948 proves the fallacy and the immorality of the Israeli position. Adhering to it will only lead to more bloodshed.

The rights of the Palestinian people, and in particular the refugees, should be recognized alongside any legitimate rights of the Israeli people. Ultimately, it is through the evenhanded application of international legitimacy that we may be able to get out of the current stalemate and reach real grounds for peace. Otherwise, the failed Israeli practice of “might is right” will prevail and prolong needless death and destruction on all sides.

The writer is a Palestinian-American businessman living in the besieged Palestinian City of El-Bireh in the West Bank. He co-edited with Staughton and Alice Lynd HOMELAND: Oral Histories of Palestine and Palestinians (1994) and can be reached at sbahour@palnet.com.