HAIFA, February 21, 2018 (WAFA) – Three human rights organizations based in Israel sent a letter this month to the Israeli Interior Ministry expressing their deep concerns regarding a newly proposed bill that allows revocation of residency rights of East Jerusalem Palestinians on “breach of loyalty” grounds describing it as illegal under international law, according to a press release published this week.
Adalah – The Legal Center for Arab Minority Rights in Israel, HaMoked: Center for the Defense of the Individual, and the Association for Civil Rights in Israel, sent a comprehensive letter to the Interior Ministry on 7 February detailing their grave concerns regarding a newly-proposed bill to amend the Entry into Israel Law.
This new bill will allow the revocation of residency status of East Jerusalem Palestinians on three possible grounds: for "breach of loyalty"; in cases where the status was granted on the basis of false information; and in cases where "an individual committed a criminal act" in the view of the Interior Ministry.
The new bill was drafted following the Israeli Supreme Court‘s decision of 13 September 2017 on a petition against the revocation of permanent residency of four Palestinian parliamentarians from East Jerusalem on the grounds of "breach of loyalty". The Court ruled, in a precedent-setting decision, that the Entry into Israel Law does not grant the Interior Minister power to revoke permanent residency status due to "breach of loyalty".
However, the Court decided to suspend the decision for six months to allow the Israeli parliament, the Knesset, to amend the law, if it so wished, to permit revocation of residency on this ground. Thus, the Court permitted the revocation of residency to stand, despite finding it to be illegal.
Concerning the bill, the organizations argued that East Jerusalem is considered occupied territory under international humanitarian law (IHL), like all other areas of the West Bank and the Gaza Strip, and that its Palestinian residents are a protected civilian population.
“It is therefore illegal under IHL to impose upon them an obligation of loyalty to the occupying power, let alone to deny them the permanent residency status on this basis,” they said.
The organizations further argued that this legislation is unconstitutional since it violates the Basic Law: Human Dignity and Liberty, and is extreme, sweeping and disproportionate.
M.K.