U.S. Department of State
Israel and the Occupied Territories Report on Human Rights Practices for
1997
Released by the Bureau of Democracy, Human Rights, and Labor, January
30, 1998
ISRAEL AND THE OCCUPIED TERRITORIES *
Israel is a parliamentary democracy with a multiparty system and free
elections. There is no constitution; a series of "basic laws" provide
for fundamental rights. The legislature, or Knesset, has the power to
dissolve the Government and limit the authority of the executive branch.
Likud Party leader Benyamin Netanyahu is Prime Minister and heads a
center-right coalition government. The judiciary is legally independent
but, in practice, it usually acquiesces with the Government's position
in security cases.
Since its founding in 1948, Israel has been in a state of war with most
of its Arab neighbors. It concluded a peace treaty with Egypt in 1979
and with Jordan in 1994. As a result of the 1967 War, Israel occupied
the West Bank, the Gaza Strip, East Jerusalem, and the Golan Heights.
The international community does not recognize Israel's sovereignty over
any part of the occupied territories. Throughout its existence, Israel
has experienced numerous terrorist attacks.
An historic process of reconciliation between Israel and its neighbors
began with the Madrid Conference in 1991 and continued with the
September 1993 signing of the Israeli-Palestinian Declaration of
Principles (DOP). In September 1995, Israel and the Palestine
Liberation Organization (PLO) signed the Interim Agreement on the West
Bank and the Gaza Strip, which provided for the election and
establishment of a Palestinian self-governing authority, transfer of
civil authority, Israeli redeployment from major Palestinian population
centers in the West Bank, security arrangements, and cooperation in a
variety of areas. In January Israel and the PLO concluded the Hebron
Agreement, which established security arrangements for the withdrawal of
Israeli forces from the Palestinian-populated areas of Hebron, and set
out a road map for mutual implementation of other Interim Agreement
commitments. However, in March Israel began construction in the Har
Homa/Jebel Abu Ghanaim neighborhood of east Jerusalem and on March 7
announced a minimal first-phase further redeployment of its forces from
the occupied territories. At the same time the Palestinian Authority
(PA) slackened security cooperation. A suicide bombing in Tel Aviv on
March 21 was followed by two more in Jerusalem on July 30 and September
4; 24 persons were killed and hundreds were injured. As a result of
these developments, negotiations on Interim Agreement implementation
issues were broken off between March and October, and the two parties
had not agreed to resume final status talks at year's end.
_________________
* The human rights situation in the occupied territories is discussed
in the annex appended to this report.
Internal security is the responsibility of the General Security Service
(GSS)--(Shin Bet, or Shabak), which is under the authority of the Prime
Minister's office. The police are under the authority of the Minister
of Internal Security. The Israel Defense Forces (IDF) are under the
authority of a civilian Minister of Defense. The IDF includes a
significant portion of the adult population on active duty or reserve
status and plays a role in maintaining internal security. The Foreign
Affairs and Defense Committee in the Knesset reviews the activities of
the IDF and the GSS. Members of the security forces committed human
rights abuses.
Israel has an advanced industrial economy, and citizens enjoy a high
standard of living, with a per capita income of $17,000. Unemployment
among citizens rose to 7.6 percent by mid-1997 but was substantially
higher in the country's peripheral regions and among lower-skilled
workers. Along with rapid economic growth in recent years, there has
been a tendency toward increasing income inequality. The longstanding
gap in levels of income between Jewish and non-Jewish citizens
continues. Regional income disparities appear to be growing, with
unemployment in some areas reaching more than double the national
average. Israel's heavy reliance on foreign workers, principally from
Asia and Eastern Europe, represents a growing economic and social issue.
Such workers are generally employed in agriculture and the construction
industry and constitute about 10 percent of the labor force. Since the
implementation of an economic stabilization plan in 1985, Israel has
moved gradually to reduce state intervention in the economy. The
Netanyahu Government is committed to market-oriented structural reforms,
especially deregulation and rapid privatization of the economy. In 1997
the Government successfully privatized Israel's largest bank and
continued the process of privatizing and deregulating the
telecommunications sector. Despite the Government's continued dominant
role in the economy, individuals generally are free to invest in private
interests and own property. The Government owns 78 percent of the
country's land area, and as a matter of policy it does not sell land.
The Government, its entities, and the Jewish National Fund, (an
organization established in 1897 for the purchase and management of land
for the Jewish people) own 93 percent of the country's land area. As a
matter of policy, the Government and its entities do not sell land. The
Jewish National Fund has a statute prohibiting sale or lease of land to
non-Jews (although exceptions are sometimes made), foreigners are
allowed freely to purchase or lease land in the remaining 7 percent of
Israel.
The Government generally respects the human rights of its citizens, who
enjoy a wide range of civil and other rights. Israel's main human
rights problems have arisen from its policies and practices in the
occupied territories and from its fight against terrorism. The
redeployment of the IDF from most major Palestinian population areas in
the West Bank in December 1995, and its previous withdrawal from Gaza
and Jericho, have significantly reduced the scope of these problems.
Nonetheless, there continued to be problems in some areas. Security
forces abused Palestinians suspected of security offenses. During the
year, the High Court of Justice heard 46 abuse-related cases (almost all
asking for an injunction to halt the torture of a specific individual).
In no case did the High Court issue an injunction prohibiting the use of
"moderate physical pressure." The Government continues to detain
without charge numerous Palestinians. Detention and prison conditions,
particularly for Palestinian security detainees held in Israel, in some
cases do not meet minimum international standards. However, new
legislation took effect in May that set tighter limits on the length and
grounds for pretrial detention. During the year, discussion continued
on proposed legislation to define the basis for and limits of GSS
activities after a 1996 version was widely criticized by human rights
groups and legal experts because it authorized the Government to use
force during interrogation and to issue secret guidelines defining the
methods of interrogation. The revised legislation, which had not been
formally submitted to the Knesset by year's end, omits this clause.
Although there continues to be no explicit legal basis for the use of
"special measures," i.e., force during interrogation, the Government
justifies such practices as necessary in "special circumstances" when
thought necessary to save lives in the fight against terrorism.
The Government responded to terrorist and security incidents by
periodically tightening existing restrictions on movement across borders
with the West Bank and Gaza and between Palestinian Authority-controlled
areas inside the West Bank, detaining hundreds of Palestinians without
charge and demolishing the homes of some suspected terrorists and their
families in the occupied territories.
The Government took steps to address discrimination and violence against
women, although the Attorney General's decision not to file charges
against a Knesset member accused of abusing his wife was widely
criticized in the media by women's groups and human rights advocates.
Despite government pledges to eliminate the wide social and economic gap
between Israel's Arab and Jewish citizens, there was little progress in
this direction. Israel's Arab minority continues to suffer from
institutionalized discrimination and does not share fully in the rights
granted to, and the obligations imposed on, Jewish citizens.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political killings by government forces. In
September Israeli agents in Amman, Jordan failed in an attempt to kill
the political director of the extremist group Hamas. One Palestinian
was beaten to death while in government custody.
Extremist Palestinian groups carried out three suicide bombings in Tel
Aviv and Jerusalem as part of a concerted effort to derail the Israeli-
Palestinian peace process. These included a March 21 attack in a Tel
Aviv cafe that killed 3 persons and wounded 48, a July 30 attack in a
crowded Jerusalem market that killed 16 persons and wounded 178, and a
September 4 attack in a Jerusalem pedestrian mall that killed 5 persons
and wounded 181.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Although laws and administrative regulations prohibit the physical abuse
of detainees, they are frequently not enforced in security cases. The
GSS was responsible for the widespread abuse of Palestinians suspected
of security offenses. The head of the GSS is empowered by government
regulation to authorize security officers to use "moderate physical and
psychological pressure" (which includes violent shaking) while
interrogating detainees. These practices often led to excesses (for
further information see Section 1.c. in the annex).
Despite repeated challenges, the High Court of Justice has avoided
ruling on the legality of the practices of "shaking" and other forms of
coercion. The Government claims that these practices are justified as
"special measures" to be used in "special circumstances" in the fight
against terrorism. During the year, the High Court of Justice heard 46
abuse-related cases (almost all asking for an injunction to halt the
torture of a specific individual). In addition, the High Court dropped
numerous cases before beginning formal hearings when the GSS announced
that it no longer needed to use "special measures." Human rights groups
believe that the great majority of cases alleged to involve torture do
not reach the court. In some cases, the High Court of Justice issued
injunctions prohibiting the use of certain forms for physical pressure
after hearing evidence presented in secret by the GSS and not made
available to defense attorneys; however, according to Israeli human
rights advocates and legal experts, it routinely lifted them at the
request of the GSS. In no case did the High Court overrule a GSS
decision to use "moderate physical pressure." According to GSS records
released to his attorney, Ahma Abu Hamed, who was arrested on April 14,
was hooded and shackled to a low chair in a painfully contorted position
for almost 13 hours over a period of 31 days, including 4 hours over 12
days after he confessed to membership in, and acting on behalf of, an
illegal organization. According to the same GSS records, Abu Hamed was
subjected to "shaking" six separate times, including twice after his
confession. In addition, Abu Hamed was deprived of sleep for extended
periods of time. His attorney appealed to the High Court on June 1 for
an injunction to halt these methods of interrogation. On June 2, the
Court declined to hear the case after the GSS announced that it was no
longer using force in the interrogation.
Asam Halman was detained without charge on July 25, and his attorney
was denied permission to meet with him until July 28. Halman alleged
that during his interrogation he was hooded, shackled to a low chair in
a painfully contorted position, and forced to listen to loud music for
extended periods of time. He also alleged that he was allowed to sleep
for less than 5 hours over a 4 day period, and that his handcuffs were
overly tightened, causing great pain and an infected wound. On July 30,
Halman's attorney asked the High Court of Justice for an injunction to
prevent the GSS from using torture. On the same day, the attorney was
informed that the GSS would stop using force in the interrogation.
Halman was subsequently released without charge on August 21.
Conditions vary in incarceration facilities in Israel and the occupied
territories, which are administered by the Israeli Prison Service (IPS),
the Israel Defense Forces (IDF), or the national police. IPS prisons,
which generally house Israeli citizens convicted of common crimes,
usually meet minimum international standards. Generally, IPS inmates
are not subject to physical abuse by guards, food is adequate, and
prisoners receive basic necessities. Inmates receive mail, have
television sets in their cells, and receive regular visits. Prisoners
receive wages for prison work and benefits for good behavior. Many IPS
prisons have drug treatment, educational, and recreational programs.
The IPS has established an investigatory committee to look into charges
of violence by guards against inmates.
Since the closure in 1995 of the main IDF detention camps in the
occupied territories, all security detainees (i.e., those detained and
held without charge by security forces) from the occupied territories
who are held for more than a few days are transferred to facilities
within Israel. Security detainees in 1997 were usually held in IDF
camps in Israel, but also in IPS facilities and in special sections of
police detention facilities. Prisoners incarcerated for security
reasons are subject to a different regimen, even in IPS facilities.
They are often denied certain privileges given to prisoners convicted on
criminal charges. Security detainees include some minors. Detention
camps administered by the IDF are limited to male Palestinian detainees
and are guarded by armed soldiers. The total number of Palestinian
prisoners and administrative detainees held by Israel, approximately
3,800 at the beginning of the year, fell to 3,565 by year's end. The
number of administrative detainees (held with neither charge nor trial)
varied between 293 and 573 during the year, and stood at 382 at year's
end. Some of these detainees have been held for periods exceeding 2
years.
Conditions in IDF detention camps have been criticized repeatedly over
the years. Conditions at the Russian Compound in Jerusalem (which
houses a combination of security and common-law prisoners and detainees)
were criticized as "not fit to serve as lock-up" by the High Court of
Justice President Aharon Barak after an August visit to the facility.
Conditions in other IDF facilities improved in some respects, with
inmates given more time for exercise outside their cells. Nevertheless,
recreational facilities remain minimal, and there are strict limitations
on family visits to detainees. Visits were prevented for long periods
during closures of the borders with Gaza and the West Bank.
Conditions at some national police detention facilities can fall below
minimum international standards. Such facilities are intended to hold
criminal detainees prior to trial but often become de facto prisons.
Those held include some security detainees and some persons who have
been convicted and sentenced. Inmates in the national police detention
facilities are often not accorded the same rights as prisoners in the
IPS. Moreover, conditions are worse in the separate facilities for
security detainees maintained both in police facilities and in IPS
prisons.
In 1996 the Government began a reform program for the country's
detention facilities. Thus far, improvements in prison conditions have
been limited in scope, and dilapidation and overcrowding (the latter
aggravated by the closure of IDF detention facilities in the occupied
territories in 1995) are still problems. New legislation that took
effect during the year provided for: The right to live in conditions
that would not harm the health or dignity of the detainee; access to
adequate health care; the right to a bed for each detainee; and access
to exercise and fresh air on a daily basis. While the legislation is a
positive step, authorities expect implementation to require time and
additional resources; there was little immediate improvement in 1997.
Children's rights groups have expressed particular concern over the
separate sections of holding facilities set aside for the detention of
children. Overcrowding, poor physical conditions, lack of social
workers, and denial of visits by parents are among the key problems. In
addition to some Israeli minors held in criminal cases, there are
juveniles among Palestinian detainees. Children's rights activists have
recommended the construction of a separate detention facility for
children.
All incarceration facilities are monitored by various branches of the
Government, by members of the Knesset, and by the International
Committee of the Red Cross (ICRC) and other human rights groups. While
monitoring is judged to be effective overall, in some instances human
rights groups and diplomatic officials were denied timely access to
specific detainees, usually Palestinians held without charge or trial
for alleged security offenses (see Section 1.d. of the annex).
d. Arbitrary Arrest, Detention, or Exile
The law prohibits arbitrary arrest of citizens, and the Government
generally observes this prohibition. Defendants are considered innocent
until proven guilty and have the right to writs of habeus corpus and
other procedural safeguards. However, a 1979 law permits detention
without charge or trial, which is used in security cases. The Minister
of Defense may issue a detention order for a maximum of 1 year. Within
24 hours of issuance, detainees must appear before a district judge who
may confirm, shorten, or overturn the order. If the order is confirmed,
an automatic review takes place after 3 months. Detention orders were
confirmed in all cases during the year. Detainees have the right to be
represented by counsel and to appeal detention orders to the High Court
of Justice; however, the security forces may delay notification of
counsel with the consent of a judge. According to human rights groups
and legal experts, there were cases in which a judge denied the
Government the right to delay notification of counsel. At detention
hearings, the security forces may withhold evidence from defense lawyers
on security grounds. The Government may also seek to renew
administrative detention orders. However, the security services must
"show cause" for continued detention, and, in some instances,
individuals were released because the standard could not be met.
In felony cases, a district court judge may postpone for 48 hours the
notification of arrest to the detainee's attorney. The postponement may
be extended to 7 days by the Minister of Defense on national security
grounds or by the police inspector general to conduct an investigation.
Moreover, a judge may postpone notification for up to 15 days in
national security cases.
New legislation took effect in 1997, defining more narrowly the grounds
for pretrial detention and reducing to 24 hours the length of time a
person may be held without charge. Children's rights activists have
recommended separate legislation to define when and how a child may be
arrested and how long children may be detained.
Most of the protections afforded by law are not extended to Palestinian
detainees, who fall under the jurisdiction of military law even if they
are detained in Israel. With IDF redeployment on the West Bank,
detention centers there were closed in 1995. As a result, all
Palestinian detainees held for longer than 1 or 2 days are incarcerated
in Israel (see Section 1.d. Of the annex).
The Government detains 80 non-Palestinian Arabs. This total is a
mixture of common prisoners, administrative detainees, and security
detainees. The Government continues to deny ICRC access to two Lebanese
citizens, Sheikh Mustafa Dirani (held without charge since 1994) and
Sheikh Obeid (held without charge since 1989). These two cases appear
linked to government efforts to obtain information on Israeli military
personnel believed to be prisoners of war or missing in Lebanon. In
addition, the Government detains 19 other Lebanese citizens without
charge, including 11 who have completed prison sentences of up to 10
years but are still being held without charge.
The law prohibits forced exile of citizens, and there is no indication
that the Government engaged in such practices.
e. Denial of Fair Public Trial
The law provides for an independent judiciary, and the Government
respects this provision in practice. In practice, however, the
judiciary usually acquiesces to the Government's position in security
cases. The judiciary provides citizens with a fair and efficient
judicial process.
The judicial system is composed of civil, military, religious, labor
relations, and administrative courts, with the High Court of Justice
(Supreme Court) at the apex. The High Court of Justice is an appellate
court. Each of the cited courts, including the High Court of Justice,
have appellate courts or jurisdictions.
The law provides for the right to a hearing with representation by
counsel, and authorities observe this right in practice. A planned
regional and national system of public defenders operated by the
Ministry of Justice was inaugurated in 1996 with the opening of a Tel
Aviv office, although that office has suffered serious budget shortages.
All nonsecurity trials are public except those in which the interests of
the parties are deemed best served by privacy. Cases involving national
security may be tried in either military or civil courts and may be
partly or wholly closed to the public. The Attorney General determines
the venue in such cases. The prosecution must justify closing the
proceedings to the public. Adult defendants have the right to be
represented by counsel even in closed proceedings but may be denied
access to some evidence on security grounds. Convictions may not be
based on any evidence denied to the defense. Nevertheless, in the 1995
case of Mohammed Salah, he was denied access to some evidence, but it is
not clear that he was convicted on the basis of that evidence.
The legal system often hands out far stiffer punishments to non-Jewish
persons than to Jewish citizens. For example, human rights advocates
claim that Palestinians and Arab Israelis convicted of murder usually
receive life sentences, while Jewish Israelis often receive
significantly shorter sentences. To the extent that Palestinians are
tried in Israeli courts, they receive harsher punishments than Jewish
Israelis. Noam Freidman, a Jewish extremist who lightly wounded six
Palestinians after opening fire in a crowded Hebron market on January 1,
had charges against him dropped after a military court ruled that he was
not mentally fit to stand trial. This ruling was reached despite a
decision by a psychiatric board that he was mentally competent to stand
trial. On February 11, Israel released 30 Palestinian women prisoners,
5 of whom were serving sentences for murder or for being an accomplice
to murder, as part of the accord on Hebron redeployment. On October 1,
Sheikh Ahmed Yassin, founder of the HAMAS movement, was released by
Israel from a maximum security prison and flown to Jordan.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family,
Home, or Correspondence
Although privacy of the individual and the home are generally protected
by law, authorities sometimes interfere with mail and monitor telephone
conversations. In criminal cases, the law permits wiretapping under
court order; in security cases, the order must be issued by the Ministry
of Defense. Under emergency regulations, authorities may open and
destroy mail on security grounds (see Section 1.f. of the Annex).
g. Use of Excessive Force and Violations of
Humanitarian Law in Internal Conflicts
Israeli forces and the Israeli-sponsored South Lebanese Army (SLA) and
Hizballah (and to a lesser extent the Lebanese army) engaged in a
recurring cycle of violence in southern Lebanon. Hizballah attacked SLA
forces and Israeli troops deployed on Lebanese soil. Hizballah (and
possibly armed Palestinian groups) also launched rocket attacks against
northern Israel. Israeli forces conducted repeated air strikes and
artillery barrages on Hizballah, Lebanese army, and Palestinian
positions inside Lebanon.
An undetermined number of Lebanese civilians were killed in south
Lebanon; however, the total was lower than in 1996, primarily due to the
April 26, 1996 understanding between Israel and Lebanon, which commit
the two sides to end the targeting of civilians or the launching of
attacks from civilian-populated areas.
Politically motivated killings continued as Palestinian extremists
sought to disrupt the Israel-Palestinian peace process. On March 21 a
suicide bomber killed 3 Israelis and wounded 48 in an attack on a Tel
Aviv cafe. On July 30, two suicide bombers killed 16 persons and
wounded 178 in an attack on a Jerusalem market. On September 4, 3
suicide bombers killed 5 persons and wounded 181 in an attack on a
Jerusalem pedestrian shopping mall (see Section 1.g. of the Annex).))
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The law provides for freedom of the press, and the Government generally
respects this right in practice. The law authorizes the Government to
censor any material reported from Israel or the occupied territories
regarded as sensitive on national security grounds. A new censorship
agreement signed in 1996 between the Government and media
representatives continues the trend to broaden liberalization of
Israel's censorship regime. The agreement provides that military
censorship is to be applied only in cases involving national security
issues that have a near certainty of harming Israel's defense interests,
and it now applies to all media organizations in Israel, including local
and Arabic-language newspapers. All media organizations can appeal the
censor's decision to the High Court of Justice. Moreover, a new clause
abolishes the right of the censor to shut down a newspaper for a
censorship violation and eliminates the ability of the office of the
censor to appeal a decision against it. News printed or broadcast abroad
may be reported without censorship, which permits the Israeli media to
run censored stories by attributing them to foreign sources.
Emergency regulations prohibit anyone from expressing support for
illegal organizations. On occasion in the past, the Government has
prosecuted persons for speaking or writing on behalf of terrorist
groups. No such cases were filed in 1997.
Individuals, organizations, the press, and the electronic media freely
debate public issues and criticize government officials and policies.
In October the High Court of Justice upheld the conviction for sedition
of two members of the extremist Jewish Zo Artsenu movement. For the
most part, however, the Attorney General, while condemning hate speech,
has concluded that such speech cannot be prosecuted.
All newspapers are privately owned and managed. Newspaper licenses are
valid only for Israel; separate licenses are required to distribute
publications in areas in the occupied territories still under Israel's
authority.
Directed by a government appointee, the quasi-independent Israel
Broadcast Authority (IBA) controls television Channel 1 and Kol Israel
radio, both major sources of news and information. Six cable companies
operate under franchises granted by government councils. Privately-
owned Channel 2 Television, the first commercial television channel, is
operated by three franchise companies. There are 13 private radio
outlets. The Second Television and Radio Authority, a public body,
supervises both Channel 2 and the regional radio stations.
The Government respects academic freedom.
b. Freedom of Peaceful Assembly and Association
The law provides for the right of assembly, and the Government generally
respects this provision in practice.
The law provides for the right of association, and the Government
generally respects this provision in practice. After the Hebron
massacre in 1994, the Cabinet invoked the 1948 Ordinance for the
Prevention of Terror to ban the ultranationalist Kach and Kahane Chai
organizations, a ban that remains in effect. The decision stipulates
imprisonment for anyone belonging to, or expressing support for, either
organization.
c. Freedom of Religion
The law provides for freedom of religion, and the Government generally
respects this right. Approximately 81 percent of citizens are Jewish.
Muslims, Christians, Druze, and members of other religions make up the
remaining 19 percent. Each recognized religious community has legal
authority over its members in matters of marriage and divorce. Secular
courts have primacy over questions of inheritance, but parties, by
mutual agreement, may bring cases to religious courts. Jewish and Druze
families may ask for some family status matters, such as alimony and
child custody in divorces, to be adjudicated in civil courts as an
alternative to religious courts. Christians may only ask that child
custody and child support be adjudicated in civil courts, while Muslims
have no recourse to civil courts. Legislation passed in 1996 allows the
rabbinical courts to sanction either party who is not willing to grant a
divorce.
Many citizens object to the Orthodox Jewish religious authorities'
exclusive control over marriage, divorce, and burial, whether Jews are
Orthodox or not. These authorities do not recognize marriages or
conversions to Judaism performed in Israel by Conservative or Reform
rabbis. These issues have been a source of sharp division within
society, particularly in recent years, as thousands of Jewish immigrants
from the former Soviet Union have brought with them family members not
recognized as Jewish by Orthodox authorities.
A large number of Jews who wish to be married in secular or non-Orthodox
religious ceremonies do so abroad. The Ministry of Interior recognizes
such marriages.
The Government provides greater financial support to institutions in the
Jewish sector to those in the non-Jewish sector, i.e., Muslim,
Christian, and Druze. For example, only 2 percent of the Ministry of
Religious Affairs budget goes to the non-Jewish sector, despite the fact
that Muslims, Christians, and Druze constitute 19 percent of the
population. The High Court of Justice heard a case in February alleging
that this constitutes discrimination. The Court refused to rule on the
case in 1997 and suggested that the petitioners refile the case after
the passage of the 1998 budget, which the petitioners have done.
Missionaries are allowed to proselytize, although Mormons are
specifically prohibited from doing so by mutual agreement between the
Church of Jesus Christ of the Latter-Day Saints and the Government. A
1977 anti-proselytizing law prohibits anyone from offering or receiving
material benefits as an inducement to conversion, but the law has not
been applied for several years. A bill that would impose even more
stringent restrictions on proselytizing, including banning the
distribution of written materials encouraging conversions, was presented
to the Knesset in 1997 but was not expected to be approved.
Jehovah's Witnesses have suffered both threats and attacks, apparently
by ultra-Orthodox groups. Jehovah's Witnesses complain that despite
police investigations, no perpetrators have been prosecuted. A March 8
attack on a Jehovah's Witnesses meeting house in Lod caused extensive
property damage.
The Government has recognized only Jewish holy places under the 1967
Protection of Holy Sites law, therefore denying government funding for
the preservation and protection of Christian, Druze, Muslim, Baha'i, and
other religious sites. A January challenge to this practice led the
Ministry of Religious Affairs to agree to consider funding requests for
non-Jewish sites.
A 1995 High Court of Justice ruling allows small numbers of Jews under
police escort to pray on the Temple Mount, which is the site of two
Muslim holy places and also the location of the First and Second Jewish
Temples.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The law provides for these rights, and the Government respects them in
practice for citizens, except with regard to military or security zones
or in instances where citizens may be confined by administrative order
to their neighborhoods or villages. In 1996 rabbinical courts asserting
jurisdiction over divorce cases refused at least two visiting U.S.
citizens permission to depart the country until their cases were tried.
While both men managed to depart Israel, their cases remain open (see
Section 5). The Government continued to restrict the movements of two
Jewish settlers living in the occupied territories who belonged to
extremist Kach or Kahane Chai groups, through the use of administrative
orders issued by the IDF central command (see Section 2.d. of the
Annex). The Government prevented an
additional three members of a Jewish ultranationalist organization from
entering the occupied territories.
Citizens are free to travel abroad and to emigrate, provided they have
no outstanding military obligations and are not restricted by
administrative order. In 1997 the Government again permitted Muslim
citizens over 30 years of age to perform the religious pilgrimage to
Mecca, but it denied permission to Muslim citizens under 30 years of
years of age on security grounds. The Government asserts that travel to
Saudi Arabia, which is still in a state of war with Israel, is a
privilege and not a right.
The Government welcomes Jewish immigrants, their families, and Jewish
refugees, on whom it confers automatic citizenship and residence rights
under the Law of Return. This law does not apply to non-Jews or to
persons of Jewish descent who have converted to another faith. Other
than the Law of Return, which applies only to Jews, and the family
reunification statutes, which mainly apply to Arabs who fled Israel in
1948-49, Israel has no immigration law that provides for immigration to
Israel, or for political asylum. The law does allow individuals to live
in Israel as permanent residents.
The issue of first asylum did not arise in 1997. The Government
cooperates with the office of the United Nations High Commissioner for
Refugees and other humanitarian organizations in assisting refugees.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The law provides citizens with the right to change peacefully their
government, and citizens exercise this right in practice through
periodic, free, and fair elections held on the basis of universal
suffrage for adult citizens. The last national elections were held in
May 1996, when voters elected the Prime Minister by direct ballot for
the first time.
Israel is a parliamentary democracy, with an active multiparty system in
which a wide range of political views are represented. Relatively small
parties, including those whose primary support is among Israeli Arabs,
regularly win seats in the Knesset. Elections are by secret ballot.
While there are no legal impediments to the participation of women and
minorities in government, they are underrepresented. Women hold 9 of
120 Knesset seats, compared with 11 female members in the previous
Knesset. There are 11 Arab and 1 Druze in the new Knesset, compared
with 7 and 2 prior to the May 1996 election; most represent parties
deriving their support largely or entirely from the Arab community. Of
the Knesset's 12 committees, 2 (including the Committee on the Status of
Women) are chaired by a woman, and another is chaired by the Druze
member of the legislature. There is one woman in the Cabinet, and no
Arab or Druze ministers or deputy ministers. Three women, but no Arab
or Druze citizens, serve on the 14-member High Court of Justice.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
A wide variety of human rights groups operate without government
restriction, investigating and publishing their findings on human rights
cases. Government officials generally cooperate with investigations.
However, the Government withheld its cooperation from the U.N. Special
Committee to Investigate Israeli Practices Affecting the Human Rights of
the Palestinian People and Other Arabs of the Occupied Territories. The
Special Committee reported in October that the Government did not
respond to its communications. In 1996 Human Rights Watch activist
Bashar Tarabieh was detained, held without charge, physically abused,
and then released without charge.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The law prohibits discrimination on the basis of sex, or marital status.
The law also prohibits discrimination by both government and
nongovernmental entities on the basis of race, religion, political
beliefs, and age. Local human rights groups are concerned that
resources for implementing those laws, or mechanisms for their
enforcement, are sometimes lacking.
Women
There continued to be action, both in and out of government, to deal
with the issue of violence against women in Jewish and Arab communities.
The Government has allocated funds for a special campaign to combat such
violence. Groups that focus on domestic violence include a committee
established by the Ministry of Labor and Social Affairs that includes
Jewish and Arab nongovernmental organizations (NGO's) as well as
government representatives, and a coalition of human rights
organizations. Approximately 23 women were killed by their husbands or
other male relatives during the year. Women's organizations protested
an October decision by the Attorney General not to press charges against
a Knesset member accused of abusing his wife. According to the most
recent estimates, some 200,000 women suffer from domestic violence each
year, and some 7 percent of these are abused on a regular basis.
Arab human rights advocates also have formed a coalition to raise public
awareness of so-called family honor killings, a term commonly used for
the murder of a female by a male relative for alleged misconduct. At
least 9 of the 23 women killed in 1997 were killed in family honor
cases.
The Government supports 10 shelters for battered women, including 1
exclusively for Arab women and 1 for both Arab and Jewish women.
Women's rights advocates consider this number inadequate.
According to the 1991 Domestic Violence law, a district or magistrate
court may prohibit access by violent family members to their property.
Women's groups cooperate with legal and social service institutions to
provide women's rights education. While sentences handed down to men
convicted of rape have increased in recent years, women's rights
activists argue that the penalties are not sufficiently harsh.
Civil rights groups also expressed concern about an increased incidence
of physical attacks by Jewish religious extremists, particularly in
Jerusalem, against women whom they consider to be immodestly dressed in
public.
Women's advocacy groups report that women routinely receive lower wages
for comparable work, are promoted less often, and have fewer career
opportunities than their male counterparts. In 1996 the Equal Pay Law,
which required employers to pay male and female workers equal wages for
equal work, was replaced by new legislation that redefines compensation
to include important side benefits, and allows for class action suits.
An amendment to the social security law allowed housewives some access
to the nation's social security pension system.
Legislation in 1993, reinforced by a 1994 ruling of the High Court of
Justice, has increased the percentage of women on the boards of two-
thirds of government-owned companies. However, their numbers remain low
overall. One study reported that in 1996 women made up more than 30
percent of the boards in only 39 of 118 government-owned companies.
The adjudication of personal status law in the areas of marriage and
divorce is left to religious courts, where Jewish and Muslim women are
subject to restrictive interpretations of their rights (see Section
2.c.). Legislation passed in 1995 broadened the civil sanctions made
available to rabbinical courts in cases where a wife has ample grounds
for divorce--such as abuse--but the husband refuses to agree. In some
cases, however, rabbinical courts have failed to invoke these sanctions.
In some cases where a wife has failed to agree, a husband has been
allowed to remarry; this permission is not given to wives. Such
imbalances have been used by husbands to extort concessions from their
wives in return for agreeing to divorce. Rabbinical courts may exercise
jurisdiction over non-Israeli persons present in Israel. In two cases
during the year, U.S. citizens were barred legally from leaving Israel
as a result of divorce proceedings. Although both men managed to depart
the country, their cases remain open.
Religious law can be even more restrictive for Muslims: Some Islamic
law courts have held that Muslim women may not request a divorce, but
that women may be forced to consent if a divorce is granted to a man.
Jewish women are subject to the military draft but have been barred from
combat positions. In response to a High Court of Justice ruling, the
Israeli Air Force since 1996 has permitted women to enter pilot
training. This would qualify them for combat aviation positions, though
none has completed the training successfully to date.
Children
The Government is committed to the rights and welfare of children.
However, resources are sometimes insufficient to put that commitment
into practice, particularly for low-income families. Education is
compulsory to the age of 15, or until the child reaches the 10th grade,
whichever comes first. Government ministries, children's rights groups,
and members of the legislature often cooperate on children's rights
issues. The Government provides an extensive health care program for
children. There is a broad network of mother and child clinics, which
provide prenatal care as well as postnatal follow-up.
The Government has legislated against sexual, physical, and
psychological abuse of children and has mandated comprehensive reporting
requirements. Although there has been a sharp increase in reported
cases of child abuse in recent years, activists believe that this is
largely due to increased awareness of the issue rather than a growing
pattern of abuse. There are now five shelters for children at risk.
The Ministry of Justice formed a committee with police and NGO
representatives that is attempting to assess the scope of child
prostitution. Children's rights activists estimate that there may be
several hundred prostitutes among the nation's children, and they warn
that the phenomenon is unlikely to be eradicated until the social
problems that give rise to it--including child abuse and schools that
give up too readily on dropouts--are addressed.
NGO's in the field of children's welfare concentrate their efforts on
public education, on promoting the concept of children's rights as
citizens, on improving legal representation for minors, and on combating
the problems of poverty, which are most notable for the Bedouin children
of the south. There has been concern about the children of the
country's growing population of foreign workers, many of them in the
country illegally. Children of such families, believed to number in the
thousands, exist in a legal and social limbo, without access to schools
or adequate health services.
Privately funded children's rights information centers have been
established in some communities, and the Government assists in funding
additional centers in other cities.
People With Disabilities
The Government provides a range of benefits, including income
maintenance, housing subsidies, and transportation support for disabled
persons, who comprise about 10 percent of the population. Existing
antidiscrimination laws do not prohibit discrimination based on
disability, and these citizens continue to encounter difficulties in
areas such as employment and housing. A law requiring access for the
disabled to public buildings is not widely enforced. There is no law
providing for access to public transportation for people with
disabilities. A 1996 law extended disability assistance for deaf
children from the age of 14 to maturity.
Religious Minorities
Tensions between secular and religious elements of Israeli society grew
in 1997. The non-Orthodox Jewish community in particular has complained
of discrimination and intolerance. A kindergarten operated by the
Reform community in Mevasseret Ziyyon was firebombed in August. A
police investigation has not uncovered any suspects.
In June Jewish militant Tatyana Suskin put up posters in Hebron that
depicted the Prophet Mohammed as a pig, triggering riots by Arab
residents of the city. On December 30, a Jerusalem court convicted
Suskin of committing an act of racism and trying to offend religious
feelings. She was sentenced to 2 years in prison.
In civic areas where religion is a determining criterion, such as the
religious courts and centers of education, non-Jewish institutions
routinely receive less state support than their Jewish counterparts.
The status of a number of Christian organizations with representation in
Israel has heretofore been defined by a collection of ad hoc
arrangements with various government agencies. Several of these
organizations seek to negotiate with the Government in an attempt to
formalize their status.
National/Racial/Ethnic Minorities
The Government does not provide Israeli Arabs, who constitute 19 percent
of the population, with the same quality of education, housing,
employment, and social services as Jews. In addition, government
spending is far lower in predominantly Arab areas than in Jewish areas.
Government efforts to close the gaps between Israel's Jewish and Arab
citizens have resulted in an estimated 160 percent increase in resources
devoted to Arab communities between 1992 and 1996. Nevertheless,
significant differences remain. Israeli-Arab organizations have
challenged the Government's "Master Plan for the Northern Areas of
Israel," which listed as priority goals increasing the Galilee's Jewish
population and blocking the territorial contiguity of Arab villages and
towns, on the grounds that it discriminates against Arab citizens.
Relative to their numbers, Israeli Arabs are underrepresented in the
student bodies and faculties of most universities and in higher level
professional and business ranks. Well-educated Arabs are often unable
to find jobs commensurate with their level of education, with Arab
Ph.D.'s suffering the greatest problems. A small number of Israeli
Arabs have risen to responsible positions in the civil service,
generally in the Arab departments of government ministries. In 1994 a
civil service commission 3-year affirmative action program to expand
that number, but it has had only modest results. The Government has
allocated only very limited resources to enforce landmark 1995
legislation prohibiting discrimination in employment.
In practice, Israeli Arabs are not allowed to work in companies with
defense contracts or in security-related fields. The Israeli Druze and
Circassian communities are subject to the military draft, and although
some have refused to serve, the overwhelming majority accept service
willingly. Some Bedouin and other Arab citizens who are not subject to
the draft serve voluntarily. Those not subject to the draft have less
access than other Israelis to those social and economic benefits for
which military service is a prerequisite or an advantage, such as
housing, new-household subsidies, and government or security-related
industrial employment. Under a 1994 government policy decision, the
social security child allowance for parents who did not serve in the
military and did not attend a Yeshiva (including Arabs) was increased to
equal the allowance of those who had done so.
Israeli Arab groups allege that many employers use the prerequisite of
military service to avoid hiring non-Jews. For example, a Haifa
employment agency ran ads seeking Arabic-speaking telephone operators
and listed military service as a prerequisite. An Israeli Arab group
noted that there was no clear justification for this requirement, and it
threatened to file a civil suit under a law prohibiting employment
discrimination, and defining requirements unrelated to actual work as
discriminatory. At year's end, the employment agency agreed to change
the advertisement and run it again.
The Government has yet to fulfill its commitment to resolve the legal
status of unrecognized Arab villages. Eight villages have been
recognized since 1994, but nearly a hundred more, of varying size and
with a total population of nearly 70,000 people, remain in limbo. Such
villages have none of the infrastructure, such as electricity, provided
to recognized villages and towns. Private efforts have supplied some
with water. In June residents of unrecognized villages petitioned the
High Court of Justice to order the Government to list their place of
residence as their address on their identity cards and as their mailing
address. In the Negev, a government program to provide housing for
thousands of Bedouin in seven concentrated settlements has been
criticized as likely to aggravate the severe poverty there and disrupt
the indigenous culture.
Arab children make up about a quarter of Israel's public school
population, but government resources for them are not equal to those for
Jewish children. Many schools in Arab communities are dilapidated and
overcrowded, lack special education services and counselors, have poor
libraries, and have no sports facilities. Arab groups also note that
the public school curriculum stresses Israel's Jewish culture and
heritage.
Israeli-Arab students also are not eligible to participate in a special
education program to provide academic assistance to students from
disadvantaged backgrounds. A petition was filed with the High Court of
Justice in May charging that the Ministry of Education's refusal to
provide this program to Israeli-Arab students was discriminatory. The
Court recognized the petition's merit by ordering the Attorney General's
office to respond to the petition. The Attorney General's office agreed
that the policy constituted impermissible discrimination but asked for 5
years to expand the program to Israeli-Arab students. The petitioners
rejected this proposal as being too slow. The Court formed a special
committee to study the problem.
Unresolved problems of many years' standing also include claims by Arab
groups that land expropriation for public use has affected the Arab
community disproportionately; that Arabs have been allowed too little
input in planning decisions that affect their schools and
municipalities; that mosques and cemeteries belonging to the Islamic
Waqf (religious endowment) have been unjustly expropriated for public
use; and that successive governments have blocked the return of persons
displaced in the early years of Israel's history to their homes. The
Government has yet to agree with the pre-1948 residents of the northern
villages of Bir Am and Ikrit, and their descendants, regarding their
long-time demand to be allowed to rebuild their houses; in the meantime,
permission has been given to Jewish settlements to increase their land
holdings in the disputed areas.
Section 6 Worker Rights
a. The Right of Association
Workers may join and establish labor organizations freely. Most unions
belong to Histadrut (the General Federation of Labor in Israel), or to a
much smaller rival federation, the Histadrut Haovdim Haleumit (National
Federation of Labor.) These organizations are independent of the
Government. Histadrut members democratically elect national and local
officers, and officials of its affiliated women's organization Na'amat,
from political party lists of those already in the union. Plant or
enterprise committee members are elected individually.
During the year, the Histadrut administration continued its drastic
reshaping of the labor federation, with further reductions in staff and
services, as Histadrut shifted its concentration to those areas directly
related to employment. At year's end, membership--which once reached
1.65 million people--stood at to about 650,000.
The right to strike is exercised regularly. Unions must provide 15
days' notice prior to a strike unless otherwise specified in the
collective bargaining agreement. However, unauthorized strikes occur.
Strike leaders--even those organizing illegal strikes--are protected by
law. If essential public services are affected, the Government may
appeal to labor courts for back-to-work orders while the parties
continue negotiations. There were a number of strikes in both public
and private sectors during the year by employees protesting the effects
of privatization. Worker dismissals and the terms of severance
arrangements were often the central issues of dispute.
The September general strike was of 1 day duration; the December general
strike lasted 6 days.
Palestinians from the West Bank and Gaza Strip who work in Israel may
not join Israeli trade unions or organize their own unions in Israel.
Palestinian trade unions in the occupied territories are not permitted
to conduct activities in Israel (see Section 6.a. of the annex).
However, nonresident workers in the organized sector are entitled to the
protection of Histadrut work contracts and grievance procedures. They
may join, vote for, and be elected to shop-level workers' committees if
their numbers in individual establishments exceed a minimum threshold.
Palestinian participation in such committees is minimal.
Labor laws apply to Palestinians in East Jerusalem and to the Syrian
Druze living on the Golan Heights.
Unions are free to affiliate with international organizations.
b. The Right to Organize and Bargain Collectively
Israeli workers fully exercise their legal rights to organize and
bargain collectively. While there is no law specifically prohibiting
antiunion discrimination, the law against discrimination could be cited
to contest discrimination based on union membership. No antiunion
discrimination has been reported.
Nonresident workers may not organize their own unions or engage in
collective bargaining, but they are entitled to be represented by the
bargaining agent and protected by collective bargaining agreements.
They do not pay union membership fees, but are required to pay a 1
percent agency fee, which entitles them to union protection by
Histadrut's collective bargaining agreements. The Ministry of Labor may
extend collective bargaining agreements to nonunionized workplaces in
the same industrial sector. The Ministry of Labor also oversees
personal contracts in the unorganized sectors of the economy.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor. Neither citizens nor
nonresident Palestinians working in Israel are subject to this practice.
Civil rights groups charge that unscrupulous employers often take
advantage of illegal workers' lack of status (see Section 6.e.) to hold
them in conditions amounting to involuntary servitude. The Government
specifically prohibits forced child labor, and it does not occur.
d. Status of Child Labor Practices and Minimum Age
for Employment
Children who have attained the age of 15 years, and who are liable to
compulsory education under the compulsory education law, may not be
employed unless they work as apprentices under the apprenticeship law.
Notwithstanding these provisions, children who are 14 years old may be
employed during official school holidays. Employment of those 16 to 18
years of age is restricted to ensure time for rest and education.
There are no reliable data on illegal child workers. They are
concentrated among Israel's Arab population and its newest Jewish
immigrants. Illegal employment is found primarily in urban, light-
industrial areas. Children's rights groups have called for more
vigorous enforcement of child labor laws, combined with a parallel
effort to deal with the causes of illegal child labor. The Government
specifically prohibits forced child labor, and it does not occur (see
Section 6.c.).
e. Acceptable Conditions of Work
Legislation in 1987 established a minimum wage at 45 percent of the
average wage, calculated periodically and adjusted for cost of living
increases. At year's end, the minimum wage stood at about $620 (roughly
2,100 new Israeli shekels) per month. The minimum wage is often
supplemented by special allowances and is generally sufficient to
provide workers and their families with an acceptable standard of
living. Union officials have expressed concern over enforcement of
minimum wage regulations, particularly with respect to employers of
illegal nonresident workers, who sometimes pay less than the minimum
wage.
By law the maximum hours of work at regular pay are 47 hours a week, 8
hours per day, and 7 hours on the day before the weekly rest, which must
be at least 36 consecutive hours and include the Sabbath. By national
collective agreements, the private sector established a maximum 45-hour
workweek in 1988. The public sector moved to a 5-day, 42 1/2 hour
workweek in 1989, while the military adopted it in 1993.
Employers must receive a government permit to hire nonresident workers
from the occupied territories, certifying that no citizen is available
for the job. All Palestinians from the occupied territories are
employed on a daily basis and, unless they are employed on shiftwork,
are not authorized to spend the night in Israel. At the end of the
year, the Government was considering a change in this provision to allow
Palestinian workers to remain overnight for a week at a time.
Palestinians without valid work permits are subject to arrest.
Nonresident workers are paid through the Employment Service of the
Ministry of Labor, which disburses wages and benefits collected from
employers. The Ministry deducts a 1 percent union fee and the workers'
required contributions to the National Insurance Institute (NII), the
agency that administers the Israeli social security system, unemployment
benefits, and other benefits. Despite these deductions, Palestinian
workers are not eligible for all NII benefits. They continue to be
insured for injuries occurring in Israel and the bankruptcy of a
worker's employer. They do not have access to unemployment insurance,
general disability payments, low-income supplements, or child
allotments. By contrast Israeli settlers in the occupied territories
who work in Israel have the same benefits as other Israeli workers. The
International Labor Organization (ILO) has long criticized this
inequality in entitlements. The Government agreed to transfer the NII
fees collected from Palestinian workers to the Palestinian Authority,
which is to assume responsibility for all the pensions and social
benefits of Palestinians working in Israel. Implementation of this
change is still under way.
Along with union representatives, the Labor Inspection Service enforces
labor, health, and safety standards in the workplace, although resource
constraints affect overall enforcement. Legislation protects the
employment rights of safety delegates elected or appointed by the
workers. In cooperation with management, these delegates are
responsible for the safety and health of the workplace. Workers do not
have the legal right to remove themselves from dangerous work situations
without jeopardy to continued employment. However, collective
bargaining agreements provide some workers with recourse through the
work site labor committee. Any worker may challenge unsafe work
practices through government oversight and legal agencies.
There was increased public debate over the role in the workplace and
society of foreign workers, who are estimated to number 200,000 or more,
perhaps half of them undocumented and illegally employed. The majority
of such workers come from eastern Europe and southeast Asia, and most
are employed in the construction and agricultural sectors. The law does
not allow such workers citizenship or permanent residence in Israel. As
a result, they and their families live in a legal and social limbo.
Government deportations of such workers take place without benefit of
due process.
(###)
21
ISRAEL AND THE OCCUPIED TERRITORIES
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