Our statement

Love in the Time of Apartheid is a Palestinian campaign launched by Palestinians from all over historic Palestine, to expose and challenge Israeli laws and policies preventing the reunification of Palestinian families when one partner holds Israeli citizenship (or a Jerusalem ID) while the other is a resident of the occupied Palestinian territory (among other domiciles), and thus depriving these families of their civil, economic, social, health and other rights. We launch our campaign  based  on  the  principle  of  rejecting  and  resisting  the  Israeli  occupation  and  its violations  of international  law, with a focus on Israel’s  racist  policies  that attempt  to even interfere in Palestinians' choices of their future spouses and partners, based on their respective citizenship and residency document types.

 

By passing the so-called "Citizenship and Entry into Israel Law (Temporary Order)", 1 The Israeli authorities have effectively stepped up their racist policies aimed at denying Palestinian families from across the so-called Green Line their inherent, fundamental and legitimate right and practical ability of to live together. As the United Nations Human Rights Committee stated, “The Law suspends the possibility, with certain rare exceptions, of family reunification between an Israeli citizen and a person residing in the West Bank, East Jerusalem or the Gaza Strip, thus adversely affecting the lives of many families.”2

The “Citizenship and Entry into Israel Law (Temporary Order)" evolved from an earlier “temporary” order.  In  May  2002,  the  Israeli  cabinet  approved  The Temporary Suspension Order,3renewable  for  one  year,  which  suspends  “temporarily”  the  procedures  of  family reunification if one of the spouses holds Israeli citizenship, while the other is a resident of the Palestinian territory occupied by Israel in 1967 (the West Bank and the Gaza Strip). In July 31, 2003 the Israeli Knesset ratified and legitimized this governmental order, turning it into the so called "Citizenship and Entry into Israel Law (Temporary Order)".4

In response  to this  evident  injustice,  several  human  rights  organizations  filed  two  appeals against this law to the Israeli Supreme Court,5  in 2003 and 2006, but the Israeli Court, as expected, rejected the appeals and claimed that the law was constitutional.6  In 2007, the Israeli government expanded the application of the law to include inhabitants of the so called Enemy States - Iran, Iraq, Syria and Lebanon.7

On 11 January 2012, the Israeli Supreme Court reemphasized (Resolution 466/07) the "constitutionality" of this law, which was described as “racist” by international law experts from several countries around the world.8

Several  UN  bodies  condemned "Citizenship and Entry into Israel Law (Temporary Order)" for violating international  law,9  in particular the International  Covenant on Economic, Social and Cultural Rights (ICESCR)10, the Convention on the Rights of the Child (CRC)11, and the Convention on the Elimination of All Forms of Discrimination  against Women (CEDAW)12. The  UN  Human  Rights  Committee,  for  example,  explicitly  called  in  2003  and  in  2010  for revoking this law13. The UN Committee on the Elimination of Racial Discrimination (CERD) also called several times for revoking this racist law14. (Details of the law’s infringement of the precepts of international law and various statements of condemnation by international bodies are in the legal annex).

This racist law not only deeply affects Palestinian families socially, economically, and psychologically; its continued application causes severe, in some cases irreparable, damage to Palestinian families with spouses from across the Green Line.

One of the heart-wrenching stories in this regard is the story of D 15, a Palestinian citizen of Israel, and her husband M, a Palestinian resident of the occupied West Bank. They have been married for more than 20 years, but they have not yet been granted a permit to live together in the State of Israel. D was therefore compelled to move to the West Bank to be with her husband, and subsequently, the Israeli authorities revoked her rights to national insurance and health services in Israel.  The  couple  then  had  five  children  who  were  born  in  Palestinian hospitals in the West Bank because the couple was denied Israeli health insurance and could not afford Israeli hospitals. As a result, the Israeli authorities refused to grant these children the Israeli citizenship, thus turning them into almost invisible persons without any identification documents. D was forced to move back to live in Israel, away from her husband, in order to register the children and secure their legal status. Ten years passed in persistent attempts by D to reunite her children and her husband but without any success. Later, D gave birth to two children inside Israel and the two children were automatically granted Israeli identity numbers. So now the family is divided into two parts; the “visible” children who have Israeli IDs, and of course the “invisible” children who are threatened of being kept away from their mother and the other part of their family.

The Love in the Time of Apartheid campaign calls on all Palestinians to challenge this racist law by all peaceful means available, namely deepening social, national, family and cultural cohesion and cooperation between all our people, irrespective of the place of residence and the type of documentation they are forced to carry.

In order for Palestinian love not to remain a hostage to Israeli Apartheid, the campaign appeals to international human rights and civil society organizations as well as all people of conscience all over the world to work together to hold Israel accountable and to exercise all forms of pressure on it in all regional and international forums until it:

1.    Revokes its "Citizenship and Entry into Israel Law (Temporary Order)" once and for all and stops all related discriminatory policies that hinder the reunification of Palestinian families.

2.    Complies  with  international  law  and  UN  resolutions  relating  to  economic,  social  and cultural rights, women's rights, children's rights, anti-racial discrimination  and all other relevant international instruments which particularly affect Palestinian families and their right to live together in dignity and without any racial discrimination.

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1.    http://adalah.org/features/famuni/20030731fam_uni_law_eng.pdf

2.     Human Rights Committee ‘Concluding Observations of the Human Rights Committee (3 September 2010) UN Doc CCPR/C/ ISR /CO/3/, para.15.

3.      http://www.hamoked.org.il/items/2960.pdf

4.     http://www.knesset.gov.il/Laws/Data/law/1901/1901_All.html

5.    http://www.adalah.org/eng/Articles/1369/Adalah-Petitions-Supreme-Court-to-Overturn-New-Law

6.    http://elyon1.court.gov.il/Files/03/520/070/a47/03070520.a47.HTM

7.      http://www.hamoked.org.il/files/2010/8880.pdf

8.      http://www.adalah.org/eng/pressreleases/12_1_12.html

9.      http://www.adalah.org/eng/pressreleases/7_03_2012.html and  http://adalah.org/newsletter/eng/may06/4.php

10.  10  International  Convention  on  Economic,  Social  and  Cultural  Rights  (adopted  16  December  1966  UNGA  Res  2200(XXI) (ICESCR) art 10(1).

11.  Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) 1577

12.  UNTS 3 (CRC) art 10(1). OHCHR paper notes that Committee  on Rights of Child’s recommendations  point to an interpretation of this provision towards family reunification p. 4

13.    (CEDAW) art 15(4) 13 Human Rights Committee ‘Concluding Observations of the Human Rights Committee (21 August 2003) UN Doc CCPR/CO/78/ISR, paras.21, 22. Convention on the Elimination of All Forms of Discrimination against Women (adopted 18 December 1979, entered into force 3 September 1981) 1249 UNTS

14.  Committee  on  the  Elimination  of  Racial  Discrimination   ‘Concluding  Observations  of  the  Committee  on  the Elimination of Racial Discrimination’ (March 2007) UN Doc CERD/ISR/CO/13,  para. 20.

15.  For security reasons, names are undisclosed and replaced by initials.