Israel, West Bank, and Gaza
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The law generally provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.
The law imposes tort liability on any person who knowingly issues a public call for an economic, cultural, or academic boycott of the State of Israel or of institutions or entities in areas under its control in the West Bank. Plaintiffs must prove direct economic harm to claim damages under the “anti-boycott” legislation. The law also permits the finance minister to impose administrative sanctions on those calling for such a boycott, including restrictions on participating in tenders for contracts with the government and denial of government benefits.
In 2017 the Knesset passed an amendment barring entry to the country of visitors who called for boycotts, and in January 2018 the Ministry of Strategic Affairs published a list of 20 organizations whose members would be refused entry to Israel. The government also used this law to deport Human Rights Watch director of Israel and Palestine Omar Shakir (see section 5).
Freedom of Expression: The law prohibits hate speech and content liable to incite to violence or discrimination on grounds of race, origin, religion, nationality, and gender.
The maximum penalty for desecrating the Israeli flag is three years in prison and a fine of 58,400 shekels ($16,900).
In cases of speech that are defined as incitement to violence or hate speech, the law empowers police to limit freedom of expression.
A 2018 law “prohibit[s] individuals or organizations that are not part of the education system from engaging in activities within an educational institution when the nature of the activity undermines the goals of state education.” Both supporters and opponents of the bill said it targeted the NGO Breaking the Silence, which described its activities as collecting and publishing “the testimonies of soldiers who served in the occupied territories in order to generate public discourse on the reality of the occupation, with the aim of bringing it to an end.” Breaking the Silence criticized the law as a violation of freedom of political expression. As of year’s end, the Ministry of Education had not issued regulations necessary to implement the law.
Security officials prohibited groups affiliated with the Palestine Liberation Organization (PLO) or Palestinian Authority (PA) from meeting in Jerusalem based on a 1995 law banning the PA from engaging in political, diplomatic, security, or security-related activities in Israel, including Jerusalem.
Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction, with a few exceptions.
In October 2018 police issued a new regulation regarding the work of journalists in areas experiencing clashes, which authorities claimed balanced freedom of the press and security requirements. According to the Seventh Eye media watchdog group, the regulation grants police broad authorities to prevent journalists’ access to public incidents involving violence (i.e., riots, demonstrations, protests) if there exists a concern that the entry of journalists would lead to “special circumstances,” such as injury or the loss of life, further violence, disrupting investigative procedures, serious violation of privacy, or violation of a closure order. According to the regulation, however, police must also consider alternatives to minimize the violation of press freedom, for instance by escorting journalists in and out of dangerous situations.
Violence and Harassment: Palestinian journalists who were able to obtain entry permits, as well as Jerusalem-based Arab journalists, reported incidents of harassment, racism, and occasional violence when they sought to cover news in Jerusalem, especially in the Old City and its vicinity. According to a January 23 Foreign Press Association statement, “Arab journalists [are] needlessly hassled by Israeli security in what we believe is clear ethnic profiling.” This included reports of alleged harassment by Israeli soldiers and acts of violence against Palestinian and Arab-Israeli journalists that prevented them from covering news stories. According to the Journalists Support Committee, 26 Palestinian journalists were detained in Israeli prisons as of August. In April the Committee to Protect Journalists issued a statement criticizing the government for holding Palestinian journalists in its jails, noting “Israel’s use of administrative detention to hold journalists without charge runs completely contrary to its professed values of democracy and rule of law.”
The Ministry of Interior sought to deport stateless photojournalist Mustafa al-Haruf from East Jerusalem to Jordan, after he was unable to obtain residency status in Jerusalem, and held him in administrative detention between January and October. In March the Committee to Protect Journalists called on authorities to either clarify the reasons for al-Haruf’s detention and deportation order or release him immediately. After Jordan refused to accept al-Haruf, on October 24, a court reviewing border-control decisions released him, due to the Ministry of Interior’s inability to deport him. The court ordered al-Haruf to regularize his status by February 12, 2020. While the government classified the reasons for the denial of al-Haruf’s status for security reasons, in an appeal of his deportation a Supreme Court justice stated al-Haruf “crossed the line between his journalistic work and assisting terrorist organizations” but also mentioned “reports that are not sympathetic to the State of Israel,” according to +972 Magazine.
Prime Minister Netanyahu and his supporters criticized journalists, media channels, and media owners for reporting on investigations into a series of allegations (see section 4) involving the prime minister, for which the attorney general decided to indict him. In January the Likud Party published billboards with photographs of four journalists saying, “they will not decide,” according to media reports. Following attacks in media and social media by the prime minister and his son, Yair Netanyahu, against Channel 12 News legal correspondent Guy Peleg, who covered the Netanyahu investigations, Peleg received a series of threats on WhatsApp and social media, which led the channel to provide him with a private security guard on August 30. On August 31, Netanyahu criticized the heads of Channel 12 News for their coverage of his office, called for a boycott of the channel, and said they were carrying out a “terror attack against democracy,” while treating rival political parties more gently than Likud. Netanyahu argued that he was working to increase competition in the domestic television market.
On October 26, a group of ultra-Orthodox men physically attacked an Israel Hayom reporter near Haifa. The attackers severely assaulted the journalist, breaking his nose and resulting in a concussion. The attackers called him a “traitor” and a “leftist” after confirming he was a journalist. On October 31, police arrested a suspect in the attack, and the investigation of the case was pending as of December.
On September 2, the state attorney issued a directive instructing prosecutors to consider requesting increased sentences of three to five years’ imprisonment for violent offenses committed against journalists.
Censorship or Content Restrictions: All media organizations must submit to military censors any material relating to specific military issues or strategic infrastructure problems, such as oil and water supplies. Organizations may appeal the censor’s decisions to the Supreme Court, and the censor may not appeal a court judgment.
News printed or broadcast abroad is subject to security censorship. The government regularly enacted restrictive orders on sensitive security information and continuing investigations and required foreign correspondents, as well as local media, to abide by these orders. According to data provided by the armed forces through a Freedom of Information Act request by +972 Magazine, in 2018 the censor intervened in 2,721 articles of 10,938 submitted to it and banned 363 articles.
While the government retained the authority to censor the printing of publications for security concerns, anecdotal evidence suggested authorities did not actively review the Jerusalem-based al-Quds newspaper or other Jerusalem-based Arabic publications. Those publications, however, reported they engaged in self-censorship.
National Security: The law criminalizes as “terrorist acts” speech supporting terrorism, including public praise of a terrorist organization, display of symbols, expression of slogans, and “incitement.” In 2018 the Knesset amended the law to authorize restrictions on the release of bodies of terrorists and their funerals to prevent “incitement to terror or identification with a terrorist organization or an act of terror.” The government issued 53 indictments and courts convicted 39 persons under the law during the year. On May 16, the Nazareth District Court partially accepted the appeal of Dareen Tatour, who was convicted by the local magistrate’s court due to poems, pictures, and other media content she posted online in 2015. The court reversed lower court verdicts on charges of “incitement to violence” and “support of a terrorist organization” related to her poetry, but it upheld convictions related to her other publications. The ruling stated that when examining freedom of expression, the fact that Tatour’s words were part of an artistic piece had to be taken into consideration.
The government monitored electronic communications for security purposes. The law authorizes district court judges to restrict access to internet sites to prevent the commission of crimes. The end-of-year report for 2018 by the state attorney’s Cyber Unit stated that requests to digital services companies to remove content based on its assessment that the content is illegal under the law led to the removal of 13,140 online postings, compared with 10,500 in 2017. According to the report, 80 percent of the requests were due to offenses related to a terror organization, and 19 percent were due to incitement offenses. On November 26, Adalah and ACRI petitioned the Supreme Court to stop the Ministry of Justice’s Cyber Unit process of requesting that digital services companies voluntarily remove contents prior to a formal legal review, arguing these requests infringe on the rights of freedom of expression and due process. The state prosecution argued the Cyber Unit approached companies only after investigative authorities identified the contents as violating the law. On August 19, a district court judge rejected a request by ACRI to review the 1,700 websites for transparency purposes, arguing that a publication of domains would contradict the reason for their removal.
The “Nakba Law” prohibits institutions that receive government funding from engaging in commemoration of the Nakba, or “catastrophe,” the term used by Palestinians to refer to the displacement of Palestinians during Israel’s 1948 War of Independence. Activities forbidden by the law include rejection of the existence of Israel as a “Jewish and democratic state” or commemorating “Israel’s Independence Day or the day on which the State was established as a day of mourning.”
On July 25, the Supreme Court issued an injunction demanding that Science and Technology minister Ofir Akunis explain why he blocked the appointment of an Israeli professor to an official Israeli-German scientific committee. In 2018 Akunis had claimed he blocked the appointment because years earlier the professor had signed a petition by faculty members in universities, expressing “support and appreciation to the students and lecturers who refuse to serve as soldiers in the occupied territories.”
On November 7, following a demand from Minister of Culture and Sports Miri Regev, the mayor of Ma’alot-Tarshiha decided not to show the documentary film Advocate, about attorney Lea Tsemel’s defense of Palestinian prisoners, in the city’s cultural center as a part of a DocAviv film festival. Following a letter from ACRI arguing the decision was illegal, the deputy attorney general informed the mayor he had no authority to cancel the showing of a film. In protest DocAviv presented the film in a nearby Kibbutz and outside the Ma’alot-Tarshiha cultural center. In June, after the film was selected as the winning film in the DocAviv Documentary Film Festival, Mifal Hapayis (the country’s state lottery), announced it would stop funding the award for the winning film in the festival but later retracted its announcement.
The government maintained prohibitions on some prominent Jerusalem-based Palestinian institutions, such as the Jerusalem Chamber of Commerce and Orient House, which had been the de facto PLO office. The government renewed a military closure order for these and other institutions on the grounds they violated the Oslo Accords by conducting political activities or otherwise operating on behalf of the PA in Jerusalem. The government likewise continued to shut down Palestinian institutions and cultural events in Jerusalem due to PA participation or support. According to Haaretz, Minister of Public Security Gilad Erdan approved 10 such orders during the year.
b. Freedoms of Peaceful Assembly and Association
The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.
The law provides for this right, and the government generally respected it.
There were reports that police used excessive force in response to protests by certain groups, including members of the ultra-Orthodox community, Arab citizens and residents, Israelis of Ethiopian origin, and persons with disabilities. For example, on May 23, military police officers reportedly forced to the floor an autistic boy at an ultra-Orthodox demonstration. According to police, the boy allegedly hit a police officer prior to the incident.
In June authorities implemented a new procedure granting police the ability to impose conditions on outdoor gatherings of 50 or more persons. NGOs expressed concern that this restriction was a violation of freedom of expression and assembly and criticized police for creating obstacles to free speech and assembly in cases where demonstration permits were not required. On August 14, police arrested seven activists who protested against the killing of an Ethiopian-Israeli by a police officer (see section 6), and on August 16, authorities arrested an additional nine anticorruption activists, arguing they violated the new conditions.
The law provides for this right, and the government generally respected it.
The law prohibits registration of an association or a party if its goals include denial of the existence of the State of Israel or of the democratic character of the state.
The law requires NGOs receiving more than one-half of their funding from foreign governments to state this fact in their official publications, applications to attend Knesset meetings, websites, public campaigns, and any communication with the public. The law allows a fine of 29,200 shekels ($8,400) for NGOs that violate these rules. As of October the government had not taken legal action against any NGO for failing to comply with the law.
Local NGOs, particularly those focused on human rights problems and critical of the government, asserted the government sought to intimidate them and prevent them from receiving foreign government funding (see section 5).
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights for citizens.
In-country Movement: The security barrier that divided the majority of the West Bank from Israel also divided some communities in Jerusalem, affecting residents’ access to places of worship, employment, agricultural lands, schools, and hospitals, as well as the conduct of journalism and humanitarian and NGO activities. For example, restrictions on access in Jerusalem had a negative effect on residents who were patients and medical staff trying to reach the six Palestinian hospitals in East Jerusalem that offered specialized care, including delays at checkpoints lasting up to two hours. Authorities sometimes restricted movement within these neighborhoods of Jerusalem and Jerusalem’s Old City and periodically blocked entrances to the East Jerusalem neighborhoods of Issawiya, Silwan, and Jabal Mukabber. The government stated that restrictions on movement in Jerusalem were temporary and implemented only when necessary for investigative operations, public safety, or public order, and when there was no viable alternative.
Foreign Travel: Citizens generally were free to travel abroad provided they had no outstanding military obligations and no administrative restrictions. The government may bar citizens from leaving the country based on security considerations, due to unpaid debts, or in cases in which a Jewish man refuses to grant his wife a Jewish legal writ of divorce. Authorities do not permit any citizen to travel to any state officially at war with Israel without government permission. This restriction includes travel to Iran, Iraq, Lebanon, Saudi Arabia, Syria, and Yemen.
The government requires all citizens to have a special permit to enter Area A in the West Bank (the area, according to the Interim Agreement, in which the PA exercises civil and security responsibility), but the government allowed Arab citizens of Israel access to Area A without permits. The government continued selective revocations of residency permits of some non-Israeli citizens in Jerusalem. This meant those residents could not return to reside in Jerusalem. Reasons for revocation included holding residency or citizenship of another country; living in another country, the West Bank, or Gaza for more than seven years; or, most commonly, being unable to prove a “center of life” (interpreted as full-time residency) in Jerusalem. Some non-Israeli citizens who were born in Jerusalem but studied abroad reported losing their Jerusalem residency status, but the government denied revoking residency status of anyone who left for the sole purpose of studying abroad. The government added that the residency of individuals who maintain an “affinity to Israel” will not be revoked and that former residents who wish to return to Israel may receive renewed residency status under certain conditions.
Non-Israeli citizens possessing Jerusalem identity cards issued by the Israeli government needed special documents to travel abroad.
Exile: In 2018 the Knesset passed an amendment to the Entry Into Israel Law granting the minister of interior authority to revoke the permanent resident status of individuals who have committed acts that constitute “breach of trust” or terrorism. On August 22, Minister of Interior Aryeh Deri revoked the residency of two East Jerusalemites who were convicted of being involved in terrorist attacks and sentenced to life in prison, based on the amendment. HaMoked appealed against the law and one of the revocations, and the case continued at year’s end.
Citizenship: The law allows revocation of citizenship of a person on grounds of “breach of trust to the State of Israel” or following a conviction for an act of terror.
Abuse of Migrants, Refugees, and Stateless Persons: Communities with large concentrations of African migrants were occasionally targets of violence. Additionally, the nature of government policies on the legality of work forced many refugees to work in “unofficial” positions, making them more susceptible to poor treatment and questionable work practices by their employers. According to the Hotline for Refugees and Migrants, Population and Immigration Authority (PIBA) inspectors used violence against imprisoned migrants during their deportation during the year. According to Hotline, PIBA, unlike police or the IPS, did not have an external body to which migrants could file complaints if subjected to violence.
The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, or other persons of concern, except as noted below.
Refoulement: The government provided some protection against expulsion or return of refugees to countries where their lives or freedom could be threatened and stated its commitment to the principle of nonrefoulement.
As of September 30, there were 32,090 irregular migrants and asylum seekers in the country, of whom 29,141 were from Eritrea or Sudan, according to PIBA.
In October 2018 PIBA announced the government ended a policy that provided temporary protection for citizens of the Democratic Republic of the Congo (DRC) and requested those without a visa to depart the country by January 5. The Supreme Court issued an injunction in December 2018 temporarily halting the deportation following a petition by NGOs. On March 7, Minister of Interior Aryeh Deri halted the deportation based on a recommendation of the Ministry of Foreign Affairs due to “recent developments in the DRC.” According to PIBA, there were 311 asylum seekers from the DRC in the country in 2018.
The government offered irregular migrants incentives to “depart” the country to an unspecified third country in Africa, sometimes including a $3,500 stipend (paid in U.S. dollars). The government claimed the third-country government provided for full rights under secret agreements with Israel. The government provided most returnees with paid tickets, but NGOs and UNHCR confirmed that migrants who arrived at the destination did not receive residency or employment rights. From January 1 until September 30, 2,024 irregular migrants departed the country under pressure, compared with 2,677 in 2018. NGO advocates for irregular migrants claimed many of those who departed to other countries faced abuses in those countries and that this transfer could amount to refoulement.
In February 2018 an administrative appeals tribunal ruled that an Eritrean asylum seeker had a well-founded fear of persecution after he fled military conscription in his home country and that PIBA should not have rejected his asylum application arbitrarily. The Ministry of Interior appealed the ruling to a district court and then requested to reexamine the individual’s request for asylum, but the judge refused. The case continued at year’s end.
Access to Asylum: The law provides for granting of asylum or refugee status. The government has established a system for providing protection to refugees, but it rarely did so. In 2008 authorities began giving the majority of asylum seekers a “conditional release visa” that requires frequent renewal. Only two Ministry of the Interior offices in the country, located in Bnei Brak and Eilat, renew such visas. The government provided these individuals with a limited form of group protection regarding freedom of movement, protection against refoulement, and informal access to the labor market. Advocacy groups argued that the policies and legislation adopted in 2011 were aimed at deterring future asylum seekers by making life difficult for those already in the country and that these actions further curtailed the rights of this population and encouraged its departure.
Refugee status determination recognition rates remained extremely low. From 2009 to 2017, the government approved only 52 of 55,433 asylum requests, according to a 2018 report from the State Comptroller’s Office. Of these, 13 were for Eritrean citizens and one was for a Sudanese citizen. The government approved six asylum requests during the year. As of May there were 15,000 asylum applications awaiting examination, according to a government response to a Supreme Court petition.
Irregular migrants subject to deportation, including those claiming but unable to prove citizenship of countries included in Israel’s nonrefoulement policy, were subjected to indefinite detention if they refused to depart after receiving a deportation order. In 2018 at year’s end, there were 165 migrants with undetermined or disputed citizenship in detention.
On January 2, PIBA stopped examining asylum requests of Eritrean citizens following a request by the attorney general in order to reevaluate the criteria for approving asylum requests. In July the government announced it would reexamine all requests from Eritrean asylum seekers, including 3,000 that were previously turned down, based on new criteria that require asylum seekers to prove they would be persecuted if returned home and they did not flee to avoid compulsory military service. On July 9, the government informed the Supreme Court that it stopped examining asylum claims of Sudanese citizens from Darfur, Nuba Mountains, and Blue Nile due to the “dynamic political situation in Sudan.” On July 28, the Supreme Court overturned the revocation of residency permits of three asylum seekers.
Palestinian residents of the West Bank who claimed to be in a life-threatening situation due to their sexual orientation or other reasons, such as domestic violence, did not have access to the asylum system in Israel; however, many of them resided in Israel without legal status. NGOs stated this situation left persons who claimed they could not return to the West Bank due to fear of persecution vulnerable to human traffickers, violence, and exploitation. Some lesbian, gay, bisexual, transgender, or intersex Palestinians were able to obtain a temporary permit allowing them to stay in Israel from the Coordinator of Government Activities in the Territories (COGAT), but without authorization to work. The government stated that COGAT examined the issue on a case-by-case basis.
The government did not accept initial asylum claims at its airports.
Safe Country of Origin/Transit: In 2017 PIBA announced a fast-track procedure to reject asylum applications from applicants whose country of citizenship the Ministry of the Interior determined was safe for return and began applying it to Georgian and Ukrainian applicants.
Freedom of Movement: Authorities prohibited asylum seekers released from the closed the Holot detention facility and Saharonim Prison from residing in Eilat, Tel Aviv, Jerusalem, Petah Tikva, Netanya, Ashdod, and Bnei Brak–cities that already had a high concentration of asylum seekers.
Employment: On July 9, the government informed the Supreme Court that it would remove text from the visas of Eritrean and Sudanese asylum seekers stipulating “this is not a work visa,” a restriction that had not been enforced since 2011 due to a government commitment to the Supreme Court. The government also stated it would grant work permits to 300 asylum seekers from Sudan. According to NGOs, these steps did not change the asylum seekers’ ability to work. According to UNHCR, beginning in October asylum seekers from countries not listed under Israel’s nonrefoulement policy were restricted from working for three to six months after submitting their requests if they did not have a visa before applying. In 2017 the Supreme Court ruled that asylum seekers are included as “foreign workers,” a category prohibited by Finance Ministry regulations from working on government contracts, including local government contracts for cleaning and maintenance, which often employed irregular migrants.
The law requires employers to deduct 20 percent of irregular migrants’ salaries for deposit in a special fund and adds another 16 percent from the employer’s funds. Some vulnerable populations, including individuals recognized as human trafficking victims, are eligible for a reduced rate of 6 percent, but many of them either still paid the full deduction or did not receive reimbursements for previously paying the full deduction, according to PHRI and UNHCR. On December 8, PIBA announced all recognized victims of trafficking would receive retroactive reimbursements and would pay a deposit of 6 percent without having to declare their status to their employers. Employees can access the funds only upon departure from the country, and the government may deduct a penalty for each day that the employee is in the country without a visa.
NGOs such as Kav LaOved and Hotline for Refugees and Migrants criticized the law for pushing vulnerable workers’ already low incomes below minimum wage, leading employers and employees to judge it to be more profitable to work on the black market, increasing migrants’ vulnerability to trafficking and prostitution. According to government officials and NGOs, some Eritrean women entered prostitution or survival sex arrangements in which a woman lives with several men and receives shelter in exchange for sex. The NGO Aid Organization for Refugees and Asylum Seekers in Israel (ASSAF) reported significant increases in homelessness, mental health concerns, and requests for food assistance following implementation of the law. In a June 26 response to a NGO coalition petition against the law to the Supreme Court, the government stated that only 68 asylum seekers received the full amount deducted from their salaries in their deposits, and no money was deposited for 45 percent of the migrants to which the law applied, despite deductions having been taken from their salaries, according to Haaretz. The petition was pending at year’s end.
The law bars migrants from sending money abroad, limits the amount they may take with them when they leave to the minimum wage for the number of months they resided in the country, and defines taking money out of the country as a money-laundering crime.
Access to Basic Services: The few legally recognized refugees received social services, including access to the national health-care system, but the government for the most part did not provide asylum seekers with public social benefits. Asylum seekers who were either unemployed or whose employers did not arrange a private insurance policy for them as required by law had access only to emergency care, either in emergency rooms or in one refugee clinic in south Tel Aviv. The establishment of three additional refugee clinics throughout the country was postponed. The Ministry of Health offered medical insurance for minor children of asylum seekers for 120 shekels ($35) per month, but in September 2018 it began excluding children of undocumented migrants from this program. The ministry stated an interministerial team was assessing this change in response to a Supreme Court petition. The government sponsored a mobile clinic and mother and infant health-care stations in south Tel Aviv, which were accessible to migrants and asylum seekers. Hospitals provided emergency care to migrants but often denied follow-up treatment to those who failed to pay, according to PHRI. Until September the Ministry of Health funded one provider of mental health services for approximately 700 irregular migrants that in the past year was unable to accept new patients due to budget and staffing shortages. On December 9, the Ministry of Welfare stated that local authorities must treat asylum seekers of three groups–women who suffered from domestic violence, persons with disabilities, and the homeless–pending the regularization of insurance issues with the Ministry of Health, which did not take place by year’s end. Asylum seekers who were recognized as victims of trafficking were eligible for rehabilitation and care. The same eligibilities did not apply for victims of torture.
Temporary Protection: The government provided temporary protection to individuals whom it did not recognize as refugees, or who may not qualify as refugees–primarily to Eritrean and Sudanese irregular migrants, as described above.
Despite being eligible for Israeli citizenship since 1981, an estimated 23,000 Druze living in territory captured from Syria in 1967 largely refused to accept it, and their status as Syrian citizens was unclear. They held Israeli identification cards, which listed their nationality as “undefined.”
In 2017 media reported the Ministry of Interior had retroactively canceled the citizenship of 2,600 Bedouin citizens, alleging that a “registration error” had mistakenly granted citizenship to their ancestors between 1948 and 1951. Cancellation of their citizenship left these individuals stateless.
Section 7. Worker Rights
The law provides for the right of workers to form and join independent unions, strike, and bargain collectively. After a union declares a labor dispute, there is a 15-day “cooling period” in which the Histadrut, the country’s largest federation of trade unions, negotiates with the employer to resolve the dispute. On the 16th day, employees are permitted to strike. Workers essential to state security, such as members of the military, police, prison service, Mossad, and the ISA, are not permitted to strike. While the law prohibits strikes over political issues and also allows the government to declare a state of emergency to block a strike that it deemed could threaten the economy or trade with foreign states, according to the Histadrut, this law has never been applied.
The law prohibits antiunion discrimination. A labor court has discretionary authority to order the reinstatement of a worker fired for union activity.
The government generally respected workers’ rights to freely associate and bargain collectively for citizens. Penalties were sufficient to deter violations, although foreign workers continued facing difficulties exercising these rights, according to the Histadrut.
Court rulings and union regulations forbid simultaneous membership in more than one trade union. According to the International Trade Union Confederation, some employers actively discouraged union participation, delayed or refused to engage in collective bargaining, or harassed workers attempting to form a union. Approval by a minimum of one-third of the employees in a given workplace is needed to allow the trade union to represent all workers in that workplace. Members of the Histadrut who pay 0.95 percent of their wages in affiliation fees may be elected to the union’s leadership bodies. Instead of affiliation fees, Palestinian workers pay 0.80 percent of their wages as “trade union fees,” of which the Histadrut transfers half to the Palestinian trade union.
According to Kav Laoved, a growing number of workers in fields such as teaching, social work, security, cleaning and caregiving are employed as contract workers, which infringes on their right to associate, as it reduces their bargaining power, and on their right to equality.
The law prohibits and criminalizes forced or compulsory labor and prescribes penalties sufficient to deter violations, but the government did not effectively enforce laws for foreign workers and some citizens.
Foreign agricultural workers, construction workers, and nursing care workers–particularly women–were among the most vulnerable to conditions of forced labor, including nonpayment or withholding of wages. NGOs reported some workers experienced conditions of forced labor, including the unlawful withholding of passports, restrictions on freedom of movement, limited ability to change or otherwise choose employers, nonpayment of wages, exceedingly long working hours, threats, sexual assault, and physical intimidation. For example, the Turkish construction company Yilmazlar, which employed approximately 1,200 workers, took extensive measures to deter employees from escaping, including requiring a bond of up to 138,000 shekels ($40,000) before starting work, paying salaries three months in arrears, and employing thugs to chase and beat those who escape, according to NGOs. In April 2018 Yilmazlar employees filed legal proceedings against the company, alleging they suffered from abusive employment that amounts to human trafficking. The company denied all allegations. The case continued at year’s end.
Palestinian laborers continued to suffer from abuses and labor rights violations, especially in construction, partly as a result of lack of adequate government oversight and monitoring.
According to government and NGO data as of October, foreign workers in caregiving, agriculture, and construction sectors, including primarily visa overstays from former Soviet Union countries, irregular African migrants, and Palestinians (both documented and undocumented) were ineligible to receive benefits such as paid leave and legal recourse in cases involving workplace injury. According to Kav LaOved, approximately 100,000 migrant workers and Palestinian workers lacked mobility in the labor market because their work permits were tied to their employers. Despite a 2016 government resolution to issue permits directly to Palestinian construction workers rather than Israeli employers, PIBA continued to issue work permits to employers. The work permits linked the employee to a specific employer, creating a dependence which some employers and employment agencies exploited to charge employees monthly commissions and fees; according to the Bank of Israel, 30 percent of Palestinian workers in the country and the settlements paid brokerage fees for their permits in monthly payments of approximately 2,000 shekels ($580), or 20 percent of their salary. In many cases the employer on record hired out employees to other workplaces. More than one-half the documented Palestinian workers did not receive written contracts or pay slips, according to the International Labor Organization.
Gray market manpower agencies engaged in labor trafficking by exploiting visa waiver agreements between Israel and former Soviet Union and Eastern European countries. The traffickers illegally recruited laborers to work in construction, caregiving, and prostitution and charged them exorbitant recruitment fees, and sometimes sold them fake documentation.
Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The law prohibits the worst forms of child labor, provides for the protection of children from exploitation in the workplace, and prohibits forced or compulsory labor. Children age 14 and older may be employed during official school holidays in light work that does not harm their health. Children age 15 and older who have completed education through grade nine may be employed as apprentices. Regulations restrict working hours for youths between the ages of 16 and 18 in all sectors. Penalties were sufficient to deter violations.
The government generally enforced these laws and conducted year-round inspections to identify cases of underage employment, with special emphasis on summer and school vacation periods. During the year authorities imposed a number of sanctions against employers for child labor infractions, including administrative warnings and fines. Minors worked mainly in the food-catering, entertainment, and hospitality sectors. The government forbade children younger than age 18 from working at construction sites.
On March 1, authorities indicted a Bedouin man from Rahat for forcing his two nephews to work under abusive, slave-like conditions. His trial was underway at year’s end.
d. Discrimination with Respect to Employment and Occupation
The law prohibits discrimination in employment and occupation based on age, race, religion, national origin, ethnicity, sex, sexual orientation, and disability. The Equal Employment Opportunities Law prohibits an employer from discriminating against employees, contractors, or persons seeking employment. The Equal Pay Law provides for equal pay for equal work of male and female employees. The Equal Rights for Persons with Disabilities Law prohibits discrimination against persons with disabilities (see section 6). The law does not explicitly prohibit discrimination on the basis of citizenship and HIV/AIDS status.
The government effectively enforced applicable law, and penalties were sufficient to deter violations. The law charges the Commission for Equal Employment Opportunities with the implementation and civil enforcement of the Equal Employment Opportunities Law. According to the commission’s annual report, in 2018 it received 748 complaints, a decrease from 766 in 2017. Civil society organizations reported discrimination in the employment or pay of women, Ethiopian-Israelis, and Arab citizens. In one case the commission joined a Muslim dentist in an antidiscrimination lawsuit against the New Shen Clinic in Netanya, which asked her to remove her hijab (Muslim religious women’s head covering) at work. On September 8, a labor court ruled the clinic must pay compensatory damages for discrimination based on religion.
On January 1, an amendment to the Hours of Work and Rest Law became effective, allowing workers to refuse to work on a day of rest, based on their religion, even if they are not religiously observant.
The national minimum wage, which is set annually, was above the poverty income level for individuals but below the poverty level for couples and families. Authorities investigated employers, imposed administrative sanctions, and filed two indictments for violations of the Minimum Wage Law during the year.
The law allows a maximum 43-hour workweek at regular pay and provides for paid annual holidays. Premium pay for overtime is set at 125 percent for the first two hours and 150 percent for any hour thereafter up to a limit of 15 hours of overtime per week. According to Kav LaOved, 700,000 individuals were employed on an hourly basis, which reduced their social rights and benefits.
The Labor Inspection Service, along with union representatives and construction site safety officers, enforced labor, health, and safety standards in the workplace. The number of labor inspectors was insufficient to enforce the law, particularly in the construction and agriculture industries, and scaffolding regulations were inadequate to protect workers from falls. Employers were responsible for identifying unsafe situations. The PELES (an acronym of Working without Risk in Hebrew) police unit established in December 2018 was responsible for investigating workplace accidents that resulted in death or severe injuries, mainly at construction sites. No law protects the employment of workers who report on situations that endanger health or safety or remove themselves from such situations. The year marked the highest number of fatal work accidents in the last two decades, according to Kav LaOved. During the year 47 workers, including 14 Palestinians, died in accidents in the construction industry, and another 197 workers were injured, according to Kav LaOved. According to media reports, the PELES unit investigated only a small number of the incidents involving casualties.
The provisions of the labor law extended to most Palestinians employed by Israeli businesses in the West Bank. In response to a Supreme Court petition from Kav LaOved, the government confirmed in July 2018 that it had not disbursed any sick leave payments to Palestinian workers since January 1, 2018, despite depositing 2.5 percent of Palestinian workers’ salaries in a sick leave fund. According to Kav LaOved, only several Palestinian employees received their pension funds. Court cases on both matters were continuing as of the end of the year.
The country has bilateral work agreements (BWA) with Bulgaria, Moldova, Romania, Ukraine, and China to employ migrants in the construction sector and with Thailand and Sri Lanka for the agricultural sector. Government offices coordinated recruitment of workers from those countries, which led to significantly lower recruitment fees. During the year the government also implemented an agreement with the Philippines to employ caregivers and domestic workers.
BWAs provided foreign workers with information regarding their labor rights as well as a translated copy of their labor contract prior to arrival in the country. The government continued to help fund a hotline for migrant workers to report violations, and the government’s enforcement bodies claimed all complaints were investigated. The absence of BWAs for foreign caregivers and additional migrant workers not covered by BWAs led to continuing widespread abuses and exploitative working conditions, including excessive recruitment fees, false employment contracts, and lack of legal protections related to housing, nonpayment of wages, physical and sexual violence, and harassment.
Some employers in the agriculture sector circumvented the BWAs by recruiting “volunteers” from developing countries to earn money and learn about Israeli agriculture. “Volunteers” worked eight to 10 hours per day in a salary equal to half the minimum wage and without social benefits and received volunteer visas, which did not permit them to work. Others employed foreign students registered for work-study programs, which consisted of long hours of manual labor and a pay beyond the minimum wage. A committee of inquiry at Tel Aviv University determined in June that students were employed inappropriately and recommended a change to the work-study program.
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West Bank and Gaza
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The PA basic law generally provides for freedom of expression but does not specifically provide for freedom of the press. The PA enforced legislation that NGOs claimed restricted press and media freedom in the West Bank, including through PASF harassment, intimidation, and arrest.
In Gaza, Hamas restricted press freedom through arrests and interrogations of journalists, as well as harassment and limitations on access and movement for some journalists. These restrictions led many journalists to self-censor. During the March Bidna Na’eesh (We Want to Live) protests, Hamas arrested 23 journalists, according to rights groups.
Israeli civil and military law provides limited protections of freedom of expression and press for Palestinian residents of the West Bank. NGOs and Palestinian journalists alleged that Israeli authorities restricted press coverage and placed limits on certain forms of expression–particularly by restricting Palestinian journalists’ movement, as well as through violence, arrests, closure of media outlets, and intimidation, according to media reports and the Palestinian Center for Development and Media Freedoms. The Israeli government stated it allows journalists maximum freedom to work and investigates any allegations of mistreatment of journalists.
Freedom of Expression: Although no PA law prohibits criticism of the government, media reports indicated PA authorities arrested West Bank Palestinian journalists and social media activists who criticized or covered events that criticized the PA.
On February 24, the PASF detained photojournalist Mohammad Dweik while he filmed a protest against the National Social Insurance Law, according to media reports; he was later released after deleting the content from his camera.
The law restricts the publication of material that endangers the “integrity of the Palestinian state.” The PA arrested West Bank journalists and blocked websites associated with political rivals, including sites affiliated with political parties and opposition groups critical of the Fatah-controlled PA. Websites blocked during 2018 continued to be blocked throughout the year.
According to HRW, the PA arrested 1,609 individuals between January 2018 and April 2019 for insulting “higher authorities” and creating “sectarian strife.” HRW stated these charges “criminalize peaceful dissent.” The PA arrested more than 750 persons during this period for social media posts, according to data provided to HRW.
In Gaza, Hamas authorities arrested, interrogated, seized property from, and harassed Palestinians who publicly criticized them. Media practitioners accused of publicly criticizing Hamas, including civil society and youth activists, social media advocates, and journalists, faced punitive measures, including raids on their facilities and residences, arbitrary detention, and denial of permission to travel outside Gaza. In January, Hamas arrested the Palestinian comedian Ali Nassman after he released a song on YouTube mocking a Hamas policy, according to media. He was released later that day. In April, Hamas arrested Palestinian comedian Hussam Khalaf for mocking the same Hamas policy, and he was released the next day.
Press and Media, Including Online Media: Independent Palestinian media operated under restrictions in the West Bank and Gaza. The PA Ministry of Information requested that Israeli reporters covering events in the West Bank register with the ministry. According to the PA deputy minister of information, the ministry provides permits to Israeli journalists only if they do not live in a settlement. While officially the PA was open to Israeli reporters covering events in the West Bank, at times Palestinian journalists reportedly pressured Israeli journalists not to attend PA events.
Hamas de facto authorities permitted broadcasts within Gaza of reporting and interviews featuring PA officials. Hamas allowed, with some restrictions, the operation of non-Hamas-affiliated broadcast media in Gaza. For example, the PA-supported Palestine TV continued to operate in Gaza.
On May 26, the Hamas de facto government Ministries of Interior and Information in Gaza prevented PA-owned newspaper Al Hayat Al Jadida from distributing its paper based on the claim that the outlet published provocative material that incited violence and disrupted the civil peace.
In March, Hamas security arrested Rafat al-Qedra, the general manager of Palestine TV in Gaza. According to media outlets, they confiscated his mobile telephone and personal laptop before releasing him.
In areas of the West Bank to which Israel controls access, Palestinian journalists claimed Israeli authorities restricted their freedom of movement and ability to cover stories. The ISF does not recognize Palestinian press credentials or credentials from the International Federation of Journalists. Few Palestinians held Israeli press credentials.
There were reports of Israeli forces detaining journalists in the West Bank, including the August 6 detention in Burqin of Muhammed Ateeq, who was held for 10 days, and the August 29 detention of photojournalist Hasan Dabbous in his village near Ramallah. According to Israeli authorities, Ateeq was arrested on suspicion of endangering the security of the area.
On June 10, an Israeli military court indicted Palestinian journalist Lama Khater, who was arrested alongside five other journalists in July 2018, for incitement to violence through her writing and sentenced her to 13 months in prison, including time already served, according to media reports. She was released on July 26. Khater claimed she was mistreated during interrogation, including being chained to a chair for 10 to 20 hours a day for more than a month, according to media reports. According to Israeli authorities, Khater admitted to membership in Hamas, an illegal organization, and was sentenced as part of a plea bargain.
Violence and Harassment: There were numerous reports that the PA harassed, detained (occasionally with violence), prosecuted, and fined journalists in the West Bank during the year based on their reporting.
The PA occasionally obstructed the West Bank activities of media organizations with Hamas sympathies and limited media coverage critical of the PA.
The PA also had an inconsistent record of protecting Israeli and international journalists in the West Bank from harassment by Palestinian civilians or their own personnel.
In Gaza, Hamas at times arrested, harassed, and pressured, sometimes violently, journalists critical of its policies. Hamas reportedly summoned and detained Palestinian journalists for questioning to intimidate them. Hamas also constrained journalists’ freedom of movement within Gaza during the year, attempting to ban access to some official buildings.
Throughout the year there were reports of Israeli actions that prevented Palestinian or Arab-Israeli journalists from covering news stories in the West Bank and Gaza. These actions included alleged harassment by Israeli soldiers and acts of violence against journalists. Palestinian journalists also claimed that Israeli security forces detained Palestinian journalists and forced them to delete images and videos under threat of violence, arrest, or administrative detention. On August 2, ISF detained AP photojournalist Eyad Hamad for several hours while he was reporting on house demolitions in the Wadi al-Hummous area of East Jerusalem, according to rights groups and media reports. The government of Israel stated it could find no record of this incident.
On July 24, Reporters without Borders alleged the IDF was intentionally targeting the media after five Palestinian journalists were injured in the span of four days while covering events in the West Bank and Gaza. At least two of the injured journalists were wearing vests marked “press” when the IDF allegedly fired at them with live rounds, according to media reports. One of the journalists, Sami Misran of Al-Aqsa TV, allegedly lost the use of an eye, according to the Times of Israel. The IDF stated it does not target journalists. According to the government of Israel, allegations of misconduct regarding the Gaza protests were being examined by the Fact Finding Assessment Mechanism, which will be reviewed by the MAG to determine whether there are reasonable grounds for criminal investigations.
On May 4, the Israeli air force shelled and destroyed a Gazan building that included the offices of local and regional media agencies and institutes, including the Turkish Anadolu Agency, the Prisoners Media Center, the Hala Media Training Center, and the Abdullah Hourani Studies Center, according to media reports. The IDF stated it targeted the building because it housed other offices related to Hamas and that it did not intend to destroy the media offices.
Censorship or Content Restrictions: The PA prohibits calls for violence, displays of arms, and racist slogans in PA-funded and -controlled official media. There were no confirmed reports of any legal action against, or prosecution of, any person publishing items counter to these PA rules. Media throughout the West Bank and Gaza reported practicing self-censorship. There were reports of PA authorities seeking to erase images or footage from journalists’ cameras or cell phones.
According to media reports, the PASF confiscated equipment from journalist Thaer Fakhouri in Hebron and arrested him for posting “incitement information” on social media platforms. He was held for four days and obliged to pay a fine before being released.
In Gaza civil society organizations reported Hamas censored television programs and written materials, such as newspapers and books.
The Israeli government raided and closed West Bank Palestinian media sources, primarily on the basis of allegations they incited violence against Israeli civilians or security services. Acts of incitement under military law are punishable by up to 10 years’ imprisonment. NGOs and other observers said Israeli military regulations were vaguely worded and open to interpretation. The ISF generally cited two laws in its military orders when closing Palestinian radio stations–the 1945 Defense Emergency Regulations and the 2009 Order Concerning Security Provisions. These laws generally define incitement as an attempt to influence public opinion in a manner that could harm public safety or public order.
Libel/Slander Laws: There were some accusations of slander or libel against journalists and activists in the West Bank and Gaza.
A case continued in Ramallah Magistrate’s Court in which London-based al-Arabi al-Jadeed disputed a 2016 closure order by the PA following an investigative report about torture in PA prisons.
HRW reported that Gazan authorities charged journalist Hajar Harb with slander for an investigative piece she wrote in 2016 accusing doctors in Gaza’s health ministry of writing false reports to allow healthy people to leave Gaza for treatment in return for payment. She was convicted in absentia in 2017. She returned to Gaza in 2018 and was granted a new trial. In March she was acquitted on appeal.
National Security: Human rights NGOs alleged that the PA restricted the activities of journalists on national security grounds.
Internet was generally accessible throughout the West Bank and Gaza. Frequent power outages in Gaza interrupted accessibility.
The PA blocked access to at least 59 news sites sympathetic to Hamas or political factions critical of Abbas. The PA monitored social media actively, pressuring and harassing activists and journalists. There were instances when the PA arrested or detained Palestinians because of their posts on social media.
According to media reports, on January 6, the PASF arrested journalist Mahmoud Hreish at his house in Betunia city and detained him for 23 days. The PASF interrogated him about a Facebook post in which he criticized the PA’s insufficient response to Israeli settler attacks against Palestinians.
Gaza-based Palestinian civil society organizations and social media practitioners stated Hamas de facto authorities monitored the internet activities of Gaza residents and took action to intimidate or harass them. On April 13, Hamas intelligence detained and interrogated journalist Hamza Hammad, according to media reports. He was reportedly released after 24 hours after signing a pledge to no longer post on Facebook about the political and economic situation in Gaza.
According to HRW, between January 2018 and March 2019, both the PA and Hamas arrested dozens of persons based on social media posts on charges of “harming revolutionary unity” and “misuse of technology.” The PA arrested and brought to trial Palestinian human rights activist Issa Amro for a social media post critical of the PA’s arrest of a Palestinian journalist, according to media reports.
The PA did not restrict academic freedom in the West Bank, and there were no known reports of PA censorship of school curricula, plays, films, or exhibits. Palestinian law provides for academic freedom, but individuals or officials from academic institutions reportedly self-censored curricula. Faculty members reported PA security elements were present on university campuses among the student body and faculty, which may have contributed to self-censorship. HRW claimed that authorities closely monitored criticism of the PA by university students and professors.
Public schools as well as UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) schools in Gaza followed the same curriculum as West Bank schools. Palestinians in Gaza reported interference by Hamas in public schools at the primary, secondary, and university levels. Hamas reportedly interfered in teaching methodologies or curriculum deemed to violate Islamic identity, the religion of Islam, or “traditions,” as defined by Hamas. Hamas also interfered if there were reports of classes or activities that mixed genders. UNRWA reported no Hamas interference in the running of its Gaza schools.
Students and faculty from Gaza participating in certain cultural and education programs (including programs sponsored by foreign governments and international organizations) faced questioning from de facto Hamas authorities. On February 19, Hamas’ General Intelligence Service arrested the head of the Birzeit University Center for Development Studies, Ghassan Abu Mata, for conducting a survey on “youth reality” in Gaza without a permit from the Hamas-led Ministry of the Interior, according to the PCHR and the al-Mezan Center for Human Rights.
Israeli restrictions on movement (see section 2.d.) adversely affected academic institutions and access to education and cultural activities for Palestinians.
b. Freedoms of Peaceful Assembly and Association
Authorities in the West Bank and Gaza limited and restricted Palestinian residents’ freedoms of peaceful assembly and association.
PA law permits public meetings, processions, and assemblies within legal limits. It requires permits for rallies, demonstrations, and large cultural events. Both the PA and Hamas security forces selectively restricted or dispersed peaceful protests and demonstrations in the West Bank and Gaza during the year.
After a new social security law was passed and published in the official gazette, the United Movement against the Social Security Law called for a commercial strike in Hebron on January 15 in opposition to the law, according to the Human Rights and Democracy Media Center (SHAMS) and media reports. PA police arrested and investigated several of the protesters and held them overnight, according to SHAMS.
According to a Hamas decree, any public assembly or celebration in Gaza requires prior permission. Hamas used arbitrary arrest to prevent some events from taking place, particularly the Bidna Na’eesh (We Want to Live) protest (see section 1.d., Arbitrary Arrest) and political events affiliated with Fatah. Hamas also attempted to impede criticism of Hamas policies by imposing arbitrary demands for the approval of meetings on political or social topics.
A 1967 Israeli military order stipulates that a “political” gathering of 10 or more persons requires a permit from the regional commander of military forces, which Israeli commanders rarely granted. The penalty for a breach of the order is up to 10 years’ imprisonment or a heavy fine. Israeli military law prohibits insulting a soldier, participating in an unpermitted rally, and “incitement” (encouraging others to engage in civil disobedience). Palestinian human rights activist Issa Amro faced 16 charges in a trial underway in an Israeli military court that began in 2016. The charges include participation in a march without a permit, assaulting a soldier, and incitement, according to rights groups. Human rights organizations such as Amnesty International stated Amro’s actions during these incidents were consistent with nonviolent civil disobedience. The latest hearing in his case took place in September. Ha’aretz reported the IDF detained Amro at least 20 times at various checkpoints from May to July 2018. In August, IDF soldiers detained Amro at a checkpoint in Hebron and released him two hours later with no explanation, according to rights groups.
The IDF Central Command declared areas of the West Bank to be “closed military zones” in which it prohibited Palestinian public assembly. It maintained the same designation on Fridays for areas adjacent to the security barrier in the Palestinian villages of Bil’in and Ni’lin during hours when Palestinian, Israeli, and international activists regularly demonstrated there. There were frequent skirmishes between protesters and ISF personnel.
PA law allows freedom of association. PA authorities sometimes imposed limitations in the West Bank, including on labor organizations (see section 7.a.). NGOs said a regulation subjecting “nonprofit companies” to PA approval prior to receiving grants impeded their independence and threatened the ability of both local and international nonprofits to operate freely in the West Bank.
In Gaza, Hamas attempted to prevent various organizations from operating. These included some it accused of being Fatah-affiliated, as well as private businesses and NGOs that Hamas deemed to be in violation of its interpretation of Islamic social norms. The Hamas de facto Ministry of Interior claimed supervisory authority over all NGOs, and its representatives regularly harassed NGO employees and requested information on staff, salaries, and activities.
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
PA law provides for freedom of internal movement within the West Bank, foreign travel, emigration, and repatriation, and the government generally respected these rights, with some exceptions.
Hamas authorities restricted some foreign travel into and out of Gaza and required exit permits for Palestinians departing through the Gaza-Israel Erez crossing. Hamas also prevented some Palestinians from exiting Gaza based on the purpose of their travel or to coerce payment of taxes and fines. There were some reports unmarried women faced restrictions on travel out of Gaza.
Citing security concerns and frequent attempted terrorist attacks, Israel imposed significant restrictions on Palestinian movement in the West Bank and between the West Bank and Jerusalem. Israeli authorities often prohibited travel between some or all Palestinian West Bank towns and deployed temporary checkpoints for that purpose. Palestinians who lived in affected villages stated that “internal closures” continued to have negative economic effects, lowering their employment prospects, wages, and days worked per month. During periods of potential unrest, including on some major Israeli, Jewish, and Muslim holidays, Israeli authorities enacted “comprehensive external closures” that prevented Palestinians from leaving the West Bank and Gaza. For example, Israeli authorities enacted a comprehensive closure for the West Bank and Gaza for eight days during Pesach from April 19-26, according to B’Tselem. B’Tselem reported 13 such days in total during the year.
The Israeli travel permit system restricts Palestinians’ ability to travel from Gaza to the West Bank, including travel to pursue higher education opportunities. Palestinian higher education contacts reported that permits for Gazans to attend West Bank universities were seldom granted.
Israel has declared access restricted areas (ARAs) on both the coastal and land borders around Gaza, citing evidence that Hamas exploited these areas at times to conduct attacks or to smuggle weapons and goods into Gaza. The lack of clear information regarding the ARAs created risks for Palestinians in Gaza who lived or worked either on the Mediterranean Coast or near the perimeter fence. No official signage indicating the line of demarcation exists, and official policy changed frequently. Likewise, the permitted maritime activity area for Palestinians along the coastal region of Gaza changed between zero and 15 nautical miles 19 times throughout the year, according to the Gisha, an Israeli organization that focuses on Palestinian freedom of movement. Human rights NGOs asserted this confusion led to multiple instances of Israeli forces firing upon farmers and fishermen. According to the United Nations, regular electrical outages often made it necessary for Gazan farmers to work their fields after dark; in some instances, IDF soldiers shot at farmers near the ARA while they irrigated their fields at night.
On February 20, Israeli naval forces arrested five fishermen and confiscated three boats off the Gaza coast, according to the PCHR. The Israeli forces used live fire during the arrests, damaging one of the boats, and one of the fishermen was injured when an Israeli naval vessel hit him after he jumped off his boat when it was fired on. Also on February 20, Israeli naval forces allegedly shot Gaza fisherman Khader al-Saaidy with rubber-coated bullets in the face and chest at close range, and he lost sight in both eyes as a result. According to the government of Israel, the case was referred to the MAG to determine whether there were reasonable grounds for a criminal investigation.
A key barrier to Palestinian movement was the security barrier that divides the majority of the West Bank from Israel, including Jerusalem, and some parts of the West Bank. Israeli authorities constructed the barrier to prevent attacks by Palestinian terrorists. In some areas it divides Palestinian communities in the West Bank and Jerusalem. At its widest points, the barrier extends 11 miles (18 kilometers) into the West Bank. B’Tselem estimated that 27,000 Palestinians resided in communities west of the barrier who were required to travel through Israeli security checkpoints to reach the remainder of the West Bank. Other significant barriers to Palestinian movement included internal ISF road closures and Israeli restrictions on the movement of Palestinian persons and goods into and out of the West Bank and Gaza. Major checkpoints, such as Container and Za’tara, caused major disruptions in the West Bank when closed, according to media reports. When Container (near Bethlehem) is closed, it cuts off one-third of the West Bank population living in the South, including Bethlehem and Hebron, from Ramallah and the North. Similarly, Za’tara checkpoint blocks traffic in and out of the entire northern part of the West Bank, including Nablus, Tulkarem, and Jenin, according to media reports. UNOCHA reported there were 705 permanent obstacles throughout the West Bank, a 3 percent increase from their previous survey in 2016. Israeli restrictions on movement affected virtually all aspects of Palestinian life, including attendance at weddings and funerals, access to places of worship, employment, access to agricultural lands, schools, and hospitals, as well as the conduct of journalism and humanitarian and NGO activities. There were also reports of patients dying in traffic before reaching hospitals and ambulances en route to accidents or scenes of attacks being stopped by the IDF for hours at a time. In October the Israeli government denied a travel request for an Amnesty International employee from the West Bank to accompany his mother to a chemotherapy treatment in Jerusalem citing “security concerns,” according to Amnesty.
Israeli officials imposed restrictions on movement of materials, goods, and persons into and out of Gaza based on security and economic concerns. Amnesty International and HRW reported difficulties by foreign workers in obtaining Israeli visas, which affected the delivery of humanitarian assistance in the West Bank and Gaza. Amnesty International and HRW also reported that the Israeli government denied their employees permits to enter Gaza from Israel. The United Nations and several international NGOs reported that the Israeli government denied their local Gazan staff permits to exit Gaza into Israel, and UNOCHA reported that more than 130 local UN staff were under travel bans prohibiting them from exiting Gaza. The Israeli government stated all Gaza exit requests are reviewed on a case-by-case basis in accordance with security considerations arising from Hamas’s de facto control of Gaza.
PA-affiliated prosecutors and judges stated that ISF prohibitions on movement in the West Bank, including Israeli restrictions on the PA’s ability to transport detainees and collect witnesses, hampered their ability to dispense justice.
UNRWA reported its West Bank Headquarters staff lost 79 workdays during the year, mostly due to increased Israeli demands to search UNRWA vehicles at checkpoints between Bethlehem and Jerusalem.
In-country Movement: Hamas authorities did not enforce routine restrictions on internal movement within Gaza, although there were some areas of Gaza to which Hamas prohibited access. Pressure to conform to Hamas’s interpretation of Islamic norms generally restricted movement by women.
The ISF routinely detained for several hours Palestinians residing in Gaza who had permits to enter Israel for business and subjected them to interrogations and strip searches at Israeli-controlled checkpoints, according to rights groups. UNOCHA and several NGOs working on freedom of movement issues noted that frequently changing protocols and unofficial, unwritten policies at checkpoints have resulted in the forfeiture of personal property including money, electronics, and clothing of those attempting to exit Gaza with valid travel permits.
Israeli authorities allegedly damaged Palestinian property in the West Bank while conducting raids, sealed off entries and exits to homes and other buildings, and confiscated vehicles and boats. The Israeli government stated that it imposed collective restrictions only if an armed forces commander believed there was a military necessity for the action and that the imposition on the everyday lives of Palestinian civilians was not disproportionate.
Restrictions on access to Jerusalem had a negative effect on Palestinian patients and medical staff trying to reach six hospitals in East Jerusalem that offered specialized care unavailable in the West Bank. According to the Palestine Red Crescent Society (PRCS), IDF soldiers at checkpoints at times harassed and delayed ambulances from the West Bank or refused them entry into Jerusalem, even in emergency cases. The PRCS and World Health Organization reported hundreds of such actions impeding humanitarian services during the year. Most included blocking access to those in need, preventing their transport to specialized medical centers, or imposing delays at checkpoints lasting up to two hours. According to the Israeli government, security considerations and lack of advanced coordination on the part of Palestinian medical teams often caused delays.
Israeli authorities restricted or prohibited Palestinian travel on 29 roads and sections of roads (totaling approximately 36 miles) throughout the West Bank, including many of the main traffic arteries, according to B’Tselem. The ISF also imposed temporary curfews confining Palestinians to their homes during ISF arrest operations. During the Muslim holy month of Ramadan, Israeli authorities eased restrictions on Palestinians entering Israel, including Jerusalem, allowing West Bank Palestinians to use Ben Gurion Airport, to visit family, and visit the Haram al-Sharif/Temple Mount for religious services. Israeli authorities did not issue permits to Palestinians in Gaza to visit Jerusalem.
Israeli authorities extended the security barrier in the Cremisan Valley near Bethlehem and began land clearing to extend the barrier through Walajah village, also near Bethlehem. Israel continued to restrict movement and development near the barrier, including access by some international organizations. In response to a freedom of information act request from HaMoked in 2018, the IDF reported that during the year it had denied 72 percent of permit requests by Palestinian farmers to access their land blocked by the security barrier, of which 1 percent of the denials were for security reasons. HaMoked asserted many of these refusals were due to arbitrary claims by Israeli authorities that the farmer’s land was too small to cultivate.
Private security companies employed by the Israeli government controlled many points of access through the security barrier. International organizations and local human rights groups claimed these security companies did not respond to requests to allow movement of goods or NGO representatives through the barrier.
Palestinian farmers continued to report difficulty accessing their lands in Israeli-controlled Area C of the West Bank. NGOs and community advocates reported numerous Palestinian villages owned land rendered inaccessible by the barrier. A complicated Israeli permit regime (requiring more than 10 different permits) prevented these Palestinians from fully using their lands.
Israeli restrictions allowed fishing only within three nautical miles of Gaza land during specific periods. The Israeli government stated these restrictions were necessary for security reasons. Israeli and Egyptian naval forces regularly fired warning shots at Palestinian fishermen entering the restricted sea areas, in some cases directly targeting the fishermen, according to UNOCHA. Israeli armed forces confiscated fishing boats intercepted in these areas and detained the fishermen. In August the Coordinator of Government Activities in the Territories returned 22 seized fishing boats to their owners; all the boats had holes in them and the fishermen were forced to pay the cost of moving the boats from government of Israel custody back to the docking area, according to the United Nations.
In the West Bank, Israeli military authorities continued to restrict Palestinian vehicular and foot traffic and access to homes and businesses in downtown Hebron, citing a need to protect several hundred Israeli settlers resident in the city center. The ISF continued to occupy rooftops of private Palestinian homes in Hebron as security positions, forcing families to leave their front door open for soldiers to enter. In response to these reports, the Israeli government stated that freedom of movement is not an absolute right but must be balanced with security and public order.
The Israeli government, citing security concerns, continued to impose intermittent restrictions on Palestinian access to certain religious sites, including the Haram al-Sharif/Temple Mount. Israeli officials cited security concerns when imposing travel restrictions, including limiting access to Jerusalem during major Jewish holidays as well as continuing construction of Israel’s security barrier, which impeded the movements of Palestinian Muslims and Christians in the West Bank.
UNOCHA reported Palestinians in Gaza considered areas up to 984 feet (300 meters) from the perimeter fence to be a “no-go” area, and up to 3,280 feet (1,000 meters) to be “high risk,” which discouraged farmers from cultivating their fields. UNOCHA estimates nearly 35 percent of the Gaza Strip’s cultivable land is in these areas.
Foreign Travel: Hamas authorities in Gaza occasionally enforced movement restrictions on Palestinians attempting to exit Gaza to Israel via the Erez Crossing and to Egypt via the Rafah Crossing. Palestinians returning to Gaza were regularly subject to Hamas interrogations about their activities in Israel, the West Bank, and abroad.
Citing security concerns, Israeli authorities often denied or did not respond to Palestinian applications for travel permits through the Erez Crossing. Israel largely limited entry and exit from Gaza at the Erez Crossing to humanitarian cases and limited permits to businesspersons and day laborers working in Israel. These limitations prevented some Palestinians from transiting to Jerusalem for visa interviews; to Jordan (often for onward travel) via the Allenby Bridge; and to the West Bank for work or education. The Israeli Ministry of Foreign Affairs stated there were no new restrictions on items that could be brought through Erez into Israel, but Gazans reported additional restrictions, including not being allowed to carry phone chargers or more than one pair of shoes. Israel approved 40 percent of exit permit requests from Gaza to Jordan, 56 percent from Gaza to Israel and the West Bank, and 50 percent from the West Bank to Israel, according to the Israeli government.
During the year the Israeli Supreme Court continued to uphold with few exceptions the ban imposed in 2000 on students from Gaza attending West Bank universities. Students in Gaza generally did not apply to West Bank universities because they understood Israeli authorities would deny permits.
Delays in permit approvals by Israeli officials caused some Palestinians to miss the travel dates for exchange programs abroad, and for matriculation in foreign universities. In some cases authorities asked students to submit to security interviews prior to receiving permits. Israeli authorities detained some students indefinitely without charge following their security interview, which caused other students to refuse to attend these interviews for fear of detention.
According to Gisha, Israel denied some exit permit applications by residents of Gaza on the grounds that the applicants were “first-degree relative[s] [of] a Hamas operative.” UNOCHA reported that some of their staff members were denied exit permits out of Gaza due to security blocks because UNOCHA coordinates with Hamas as the de facto government in Gaza to facilitate the entry, exit, and transportation of UN personnel.
UNOCHA estimated that during the year 700 persons in Gaza were displaced by three instances of hostilities between armed Palestinian groups and Israel. Additional persons in Gaza remained displaced due to the destruction caused by the 2014 war.
UNRWA and other humanitarian organizations provided services to IDPs in Gaza and the West Bank, with some limitations due to Israeli restrictions on movement and border access.
Abuse of Migrants, Refugees, and Stateless Persons: Israeli security operations in the West Bank led to 11 Palestinian UNRWA beneficiary fatalities, three of whom were killed allegedly while conducting an attack on the ISF or Israeli civilians. Israeli use of live ammunition caused most injuries. There were 62 Palestinians reported injured by Israeli authorities in West Bank refugee camps, according to UNRWA, of whom live ammunition injured 17, including four UNRWA beneficiary minors.
The most recent fatality in Deheisha refugee camp south of Bethlehem was in July, when the ISF fatally shot 14-year-old Arkan Thaer Mizher. According to the Israeli government, the investigation has concluded and the MAG was reviewing the findings.
UNRWA provided education, health care, and social services to areas of Jerusalem, the West Bank, and Gaza; however, the agency continued to experience funding shortfalls throughout the year. During the year Israel’s ambassador to the United Nations urged international donors to suspend funding to the agency amid a UN Office of Internal Oversight Services investigation into allegations of corruption and mismanagement by UNRWA’s senior management team. Several international and Israeli NGOs called for the UN to strengthen oversight of UNRWA and improve transparency to address the allegations.
Access to Basic Services: Palestinian refugees in the West Bank and Gaza were eligible to access UNRWA schools and primary health care clinics, although in some cases, movement restrictions limited access to UNRWA services and resources in the West Bank (see section 1.d.).
All UNRWA projects in the West Bank and Gaza Strip required Israeli government permits, but UNRWA does not apply for permits in refugee camps.
The deterioration of socioeconomic conditions during the year in Gaza severely affected refugees. UNRWA reported that food security continued to be at risk.
Israeli import restrictions on certain commodities considered as dual use continued to impede humanitarian operations in Gaza, including those directed toward refugees. In 2016 Israeli authorities introduced a requirement whereby approval of UNRWA projects remained valid for one year. As project implementation timelines often exceeded one year, this requirement necessitated applications for reapproval of projects, which hampered implementation and increased transaction costs for multiple UNRWA projects.
According to NGOs, 40,000 to 50,000 Palestinians in Gaza lacked identification cards recognized by Israel. Some were born in Gaza but never recognized by Israel as residents; some fled Gaza during the 1967 war; and some left Gaza for various reasons after 1967 but later returned. A small number lacking recognized identification cards were born in the Gaza Strip and never left, but had only Hamas-issued identification cards. Under the Oslo Accords, the PA administers the Palestinian Population Registry, although status changes in the registry require Israeli government approval. The Israeli government has not processed changes to the registry since 2000.
There was no process for foreign spouses or foreign-born children of Palestinians to obtain permanent legal status in the West Bank. As a result many Palestinian children and young adults, especially those born abroad, are without legal status in the region where they have spent most or all of their lives. In September a court granted 24-year-old Maen Abu Hafez a one-year visitor’s permit to stay in the West Bank. Abu Hafez reportedly lived in the Jenin refugee camp since he was three, when he moved there with his Palestinian father and Uruguayan mother. His family reunification request has been on hold for several years. In 2017 he was detained at a checkpoint and was held for more than two and one-half years in an Israeli prison for illegal aliens in Ramle. The Israeli government sought to deport him to Brazil, where he was born, although he has no ties there and does not speak Portuguese.
Section 7. Worker Rights
PA law provides for the rights of workers to form and join independent unions and conduct legal strikes. The law requires conducting collective bargaining without any pressure or influence but does not include protections for employees and unions to engage effectively in collective bargaining. Antiunion discrimination and employer or government interference in union functions are illegal, but the law does not specifically prohibit termination or provide for reinstatement due to union activity.
The PA labor code does not apply to civil servants or domestic workers, although the law allows civil servants the right to form unions. The requirements for legal strikes are cumbersome, and strikers had little protection from retribution. Prospective strikers must provide written warning two weeks in advance of a strike (four weeks in the case of public utilities). The PA Ministry of Labor can impose arbitration; workers or their trade unions faced disciplinary action if they rejected the result. If the ministry cannot resolve a dispute, it can refer the dispute to a committee chaired by a delegate from the ministry and composed of an equal number of members designated by the workers and the employer and finally to a specialized labor court, although authorities had not established the court as required by labor legislation.
The government did not effectively enforce labor laws and subjected procedures to lengthy delays and appeals. Penalties and enforcement were insufficient to deter violations. The PA enforced the prohibitions on antiunion discrimination and employer interference in union functions, but it inconsistently enforced laws regarding freedom of association. The PA did not seek to enforce collective bargaining rights for unions, with the exception of those representing PA employees. Hamas continued to maintain de facto control of worker rights in Gaza, where the PA was unable to enforce labor law. Hamas continued to suppress labor union activities, including placing restrictions on celebrating Labor Day and suppressing public gatherings of labor unions.
The PA respected freedom of association and the right to collective bargaining in the West Bank, with some significant exceptions. Labor unions were not independent of authorities and political parties in the West Bank or Gaza. Two main labor unions in the West Bank (the Palestinian General Federation of Trade Unions and the Federation of Independent and Democratic Trade Unions and Workers) competed for membership and political recognition.
Israel applies Israeli civil law to Israeli settlements in the West Bank, but authorities did not enforce it uniformly. Despite a 2007 ruling by the HCJ requiring the government to apply Israeli law to Palestinian workers in Israeli settlements, the Israeli government did not fully enforce the ruling. Most Israeli settlements continued to apply the Jordanian labor law applicable prior to 1967 to Palestinian workers; that law provides for lower wages and fewer protections than does Israeli law.
PA law does not expressly forbid forced or compulsory labor or human trafficking. Forced labor occurred in the West Bank and Gaza. Women working as domestic workers were vulnerable to forced labor conditions in both the West Bank and Gaza, since the PA and de facto Hamas authorities do not regulate domestic labor within households or in the large informal sector. There were reports of Palestinian children and adults subjected to forced labor in both the West Bank and Gaza.
PA law prohibits the employment of minors younger than 15. PA law classifies children as persons younger than 18 and restricts employment for those between 15 and 18. The law permits hiring children between the ages of 15 and 18 for certain types of employment under set conditions. The law allows children younger than 15 to work for immediate family members under close supervision.
PA law prohibits children from working more than 40 hours per week; operating certain types of machines and equipment; performing work that might be unsafe or damage their health or education; and working at night, in hard labor, or in remote locations far from urban centers. A presidential decree includes provisions on child labor accompanied by explicit penalties for violations. PA authorities can penalize repeat offenders by having fines doubled or fully or partially closing their facility. Fines and enforcement were not sufficient to deter violations.
In 2018, the latest year for which data were available, PA officials found 169 cases involving child labor (younger than 15) and referred 10 cases to the courts. In recent years PA officials reported fining “numerous” persons after successful investigations conducted by the PA Ministry of Labor. The ministry inspected only businesses operating in the formal economy and was unable to conduct investigations in the Gaza Strip. It did not have access to Israeli-controlled Area C of the West Bank. Many cases of child labor in the West Bank reportedly occurred in home environments, for example on family farms, which were not open to labor ministry inspection.
In the second quarter of the year, 3 percent of children between the ages of 10 and 17 were employed–4 percent in the West Bank and 1 percent in Gaza. Palestinian child laborers deemed by the PA to be most vulnerable to forced labor or extreme weather conditions generally worked in shops, as roadside and checkpoint street vendors, in car washes, in factories, in small manufacturing enterprises, or on family farms.
Hamas reportedly did not enforce child labor laws in Gaza, and the United Nations reported child labor was increasing in Gaza due to widespread economic hardship. Hamas reportedly encouraged children to work gathering gravel and scrap metal from bombsites to sell to recycling merchants and increased recruitment of youth for tunnel-digging activities. Children were also reported to be working informally in the automotive and mechanics sector, often changing tires and working as mechanics’ assistants. There were also reports Hamas trained children as combatants.
The Israeli government stated it did not issue permits for Palestinian West Bank residents younger than 18 to work in Israeli settlements in the West Bank, except in the Jordan Valley where the law allows issuing permits to persons age 16 and older. There were reports during the year that some Palestinian children entered the settlements or crossed into Israel illegally, often smuggled, to seek work. The PA reported that Palestinian children engaged in child labor in Israeli settlements in the West Bank faced security risks, exploitation, and harassment, since they did not have access to legal protection or labor inspection.
Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .
d. Discrimination with Respect to Employment and Occupation
PA laws and regulations do not prohibit discrimination regarding race, language, sexual orientation or gender identity, HIV-positive status or other communicable diseases, or social status. While PA laws prohibit discrimination based on gender and disabilities, penalties were insufficient to deter violations, and the PA did not effectively enforce those laws and regulations in the West Bank, nor did Hamas in Gaza. PA labor law states that work is the right of every capable citizen; however, it regulates the work of women, preventing them from employment in dangerous occupations.
There was discrimination in the West Bank and Gaza based on the above categories with respect to employment and occupation. Women endured prejudice and, in some cases, repressive conditions at work. The Palestinian female labor force participation rate was 20 percent in Gaza and 17 percent in the West Bank.
The PA’s monthly minimum wage was significantly below the poverty line. The PA estimated 14 percent of residents in the West Bank and 53 percent of residents in Gaza lived below the poverty line.
According to PA law, the maximum official Sunday-to-Thursday workweek was 48 hours. The law also allows for paid official and religious holidays, which employers may not deduct from annual leave. Workers must be paid time and a half for each hour worked beyond 45 hours per week and may not perform more than 12 hours of overtime work per week.
The PA Ministry of Labor was responsible for setting occupational health and safety standards. Palestinian workers do not have the legal protection to remove themselves from situations that endangered their health or safety without jeopardy to their employment. Mechanisms for lodging complaints were generally not utilized due to fear of retribution, according to NGOs.
The ministry reported that its enforcement ability on wage, hours of work, and occupational safety and health standards was limited, even in the West Bank, in part due to lack of staff. Penalties were also insufficient to deter violations. During the year the Ministry of Labor conducted periodic visits to the workplaces as mandated by the labor law. In 2018 the Ministry of Labor’s Inspection Department visited larger business establishments and took legal actions against the establishments violating the law (e.g., warnings, partial shutdown, total shutdown, and referring to the court). The PA did not effectively monitor smaller worksites, which were at times below legal safety standards.
The ministry cannot enforce Palestinian labor law west of Israel’s security barrier, or in Israeli settlements in the West Bank.
Israeli authorities did not conduct labor inspections in Israeli settlements, where Palestinian workers constituted a significant part of the workforce. The lack of a competent labor authority in the settlements increased workers’ vulnerability to exploitation. NGOs such as Kav LaOved stated that exploitative practices in Israeli settlements were widespread. The International Labor Organization estimated one-half of all such workers with permits continued to pay exorbitant monthly fees to brokers to obtain and maintain valid work permits. Approximately 130,000 Palestinians worked in Israel and Israeli settlements, mostly in construction, and an estimated 18,000 in seasonal agriculture. These workers were more vulnerable to exploitation and were not eligible for worker benefits, such as paid annual and sick leave. Kav LaOved brought cases to Israeli labor courts on behalf of Palestinian workers employed by enterprises in Israel and West Bank settlements. Many of these cases related to nonpayment or misreporting of wages, inadequate medical care following workplace injury, and the settlement of subsequent health insurance claims within the Israeli system.
According to the Palestine Central Bureau of Statistics Labor Force Survey, 30 percent of wage employees received less than the minimum wage in the second quarter of the year. In the West Bank, approximately 10 percent of wage employees in the private sector received less than the minimum monthly wage. In Gaza, 79 percent of wage employees in the private sector received less than the minimum monthly wage. Palestinians working in Israeli settlements reported they continued to receive wages lower than the Israeli minimum wage, despite a 2008 high court ruling that Israeli labor laws apply to relations between Palestinian workers and Israeli employers in settlements.
Respect for occupational safety and health standards in practice was poor. There were more than 20 workplace fatalities of Palestinian laborers during the year. The Israeli NGO Kav LaOved documented dozens of cases where employers instructed employees to return to the West Bank following workplace injury rather than provide for medical attention inside Israel.
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