Israel, Golan Heights, West Bank, and Gaza
Section 1. Respect for the Integrity of the Person, Including Freedom from:
From March 30 to December 5, Palestinian militant groups launched more than 1,150 rockets and mortars from the Gaza Strip toward arbitrary or civilian targets in Israel. Gaza-based militants shot and killed one Israeli soldier, and a rocket launched by Gaza-based militants killed one Palestinian laborer in Ashkelon. More than 200 Israelis required treatment from these attacks, mostly for shock.
Beginning on March 30, Israeli forces engaged in conflict with Palestinians at the Gaza fence, including armed terrorists, militants who launched incendiary devices into Israel, and unarmed protesters. This occurred during mass protests co-opted by terrorist organization Hamas and dubbed a “March of Return.” The government stated that since March 30 it had been “contending with violent attempts led by Hamas to sabotage and destroy Israel’s defensive security infrastructure separating Israel from the Gaza Strip, penetrate Israel’s territory, harm Israeli security forces, overrun Israeli civilian areas, and murder Israeli civilians.” Israel Defense Forces (IDF) shot and killed 190 Palestinians at the Gaza fence as of the end of the year, including 41 minors, according to B’Tselem (see West Bank and Gaza section). According to the World Health Organization, 6,239 Palestinians in Gaza were injured by IDF live fire in the protests. Human rights organizations claimed most victims posed no imminent threat to the IDF. The government stated that many of the victims were operatives of Hamas or encouraged by Hamas to protest near the fence. The government claimed the IDF used live fire as a last resort, when a clear and imminent threat existed, and they aimed below the knee with the intention to wound but not to kill. The government also stated that it used live fire with lethal intent against terrorists perpetrating attacks against IDF forces at the border. The IDF stated they opened an internal inquiry into each Palestinian death at the border. The Israeli Military Advocate General opened five criminal investigations into IDF actions at the Gaza fence as of the end of the year.
On May 24, the Supreme Court rejected human rights organizations’ objections to the IDF rules of engagement that permitted live ammunition against demonstrators near the Gaza fence. The court ruled the applicable international legal paradigm is that of war, not law enforcement, but it called on the IDF to learn operational lessons that will lead to the use of alternative, nonlethal means, in light of “the number of casualties and injuries, and the fact that many were injured in their upper body and some in the back.” The number of Palestinian deaths from IDF fire at the border decreased significantly in the second half of the year.
On May 1, following an investigation of more than one year, State Attorney Shai Nitzan announced he was closing without charges the government’s investigation into a January 2017 incident in which a policeman and a Bedouin Israeli died during a police action to demolish homes in the unrecognized Bedouin village of Umm al-Hiran. Nitzan wrote that he decided not to bring criminal charges against police officers after concluding police shot Abu al-Qian because they feared for their lives, but he recommended disciplinary action against some officers due to “professional mistakes,” according to media reports. In votes on May 9 and June 13, the Knesset rejected a proposal by Minister of Knesset (MK) Taleb Abu Arar, one of three Bedouins in the Knesset, to establish a Knesset inquiry into the events and all subsequent investigations leading to Nitzan’s decision.
According to the government and media reports, during the year terrorist attacks targeting Jewish Israelis killed two persons and injured 23 others in Israel. The locations of attacks included Jerusalem, Acre, Sderot, Be’er Sheva, and Ashkelon. Most attackers were Palestinians from the West Bank or Gaza, but one was an Arab citizen of Israel. In addition, the Israeli government reported that security forces foiled approximately 500 terrorist attacks during the year. In April authorities indicted Jewish Israelis Koren Elkayam and Tamir Bartal on charges of terrorism targeting Arab citizens of Israel in a series of attacks, including a stabbing, in Be’er Sheva that began in 2016. According to the indictment, on several occasions the defendants assaulted men who they believed were Arab to deter them from dating Jewish women.
On March 18, Palestinian attacker Abd al-Rahman Bani Fadel stabbed and killed Israeli citizen Adiel Kolman in the Old City of Jerusalem. Police shot and killed the attacker. Palestinians carried out other terrorist attacks in Jerusalem during the year. Israeli forces killed other Palestinians in Jerusalem who were attempting to attack them or civilians. According to unsubstantiated media reports and NGOs, not all of those killed posed a lethal threat to the security forces or civilians at the time they were killed.
There were no reports of disappearances by or on behalf of government authorities.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
There is no law explicitly banning torture; however, the law prohibits assault and pressure by a public official. In 1999 the Supreme Court ruled that although torture and the application of physical or psychological pain were illegal, Israeli Security Agency (ISA) interrogators may be exempt from criminal prosecution if they used “exceptional methods” in extraordinary cases determined to involve an imminent threat, such as the “ticking bomb” scenario, as long as such methods did not amount to torture. On June 19, the Lod District Court ruled that two defendants’ statements were inadmissible evidence because they followed application of interrogation measures “that severely impair the physical and mental well-being of the defendants, as well as their dignity.” The case concerned two Jewish defendants indicted for the 2015 firebombing of a Palestinian home in Duma, the West Bank, which led to the deaths of three family members. The court acknowledged that those measures included physical pain but did not rule whether they amounted to torture. On November 26, the Supreme Court rejected a complaint alleging that ISA interrogators tortured West Bank resident Fares Tbeish in 2012, including punches, slaps, stress positions, threats, humiliation, and sleep deprivation. According to the verdict, the ISA was justified in extracting information from him with “exceptional methods,” even in a situation that did not qualify as a “ticking bomb” scenario. Whereas prior rulings had not expressly permitted violence in interrogations, the NGO Public Committee Against Torture in Israel (PCATI) stated the text of this ruling may imply that torture is permitted in highly extraordinary cases. The government stated that ISA rules, procedures, and methods of interrogation are confidential for security reasons, but they are subject to governmental supervision from within and outside of the ISA.
Authorities continued to state the ISA held detainees in isolation only in extreme cases and when there was no alternative option, and that the ISA did not use isolation as a means of augmenting interrogation, forcing a confession, or punishment. An independent Inspector for Complaints Against ISA Interrogators in the Ministry of Justice handled complaints of misconduct and abuse in interrogations. The decision to open an investigation against an ISA employee is at the discretion of the attorney general.
In criminal cases investigated by police involving crimes with a maximum imprisonment of 10 years or more, regulations require recording interrogations; however, an extended temporary law exempts the General Security Services from audio and video recording of interrogations of suspects related to “security offenses.”
The 2015 Ciechanover report, which suggested practical steps for implementing recommendations of the second report by the Turkel Commission concerning the legal framework surrounding the interception and capture by the Israeli Navy of ships carrying humanitarian aid bound for Gaza, recommended installing audiovisual documentation systems in ISA interrogation rooms. The government installed closed-circuit cameras and stated that cameras broadcast in real time from all ISA interrogation rooms to a control room, accessible to supervisors appointed by the Ministry of Justice, as of the beginning of 2018. Supervisors are required to report to the comptroller any irregularities they observe during interrogations. PCATI criticized this mechanism as insufficient to prevent and identify torture, since there is no recording of interrogations for later accountability and judicial review.
According to PCATI, the government had acknowledged that it used “exceptional measures” during interrogation in some cases. These methods included beatings, forcing an individual to hold a stress position for long periods, threats of rape and physical harm, and painful pressure from shackles or restraints applied to the forearms, sleep deprivation, and threats against families of detainees. As of May 21, one complaint led to a criminal investigation, but as of the end of the year, authorities had never indicted an ISA interrogator. Nonetheless, some preliminary examinations led to disciplinary measures, changes in procedures, and changes in methods of interrogation. PCATI reported that the average amount of time for the ISA Interrogee Complaint Comptroller to render a decision on a case was more than 34 months, and the vast majority of complaints submitted in 2014 were unanswered as of November. The comptroller initiated 30 preliminary inquiries into allegations regarding ISA interrogations during the year, according to the government.
In its May 2016 review of the country’s compliance with the UN Convention Against Torture, the UN Committee Against Torture recommended (among 50 other recommendations) that the government provide for independent medical examinations for all detainees. The government stated that requests from prisoners for independent examination at the prisoner’s expense are reviewed by an Israel Prison Service (IPS) medical team. During the year 121 private doctors entered IPS facilities to provide both general medical care to the prisoners and individual care requested by prisoners. According to PCATI and Physicians for Human Rights Israel, Israeli medics and doctors ignored bruises and injuries resulting from violent arrests and interrogations. Regulations allow the IPS to deny medical treatment if there are budgetary concerns, according to Physicians for Human Rights Israel.
PCATI stated the government’s system for investigating allegations of mistreatment of detainees was complex and fragmented. For example allegations against police and the ISA are investigated by two separate departments of the Police Investigation Department in the State Attorney’s Office of the Ministry of Justice, each with different procedures. The National Prison Wardens Investigation Unit is responsible for investigating allegations against members of the IPS. PCATI reported this fragmentation created a disorganized system characterized by widely varying response times and professional standards.
Prison and Detention Center Conditions
The law provides prisoners and detainees the right to conditions that do not harm their health or dignity.
Physical Conditions: The IPS held 19,376 prisoners, including 12,475 Israeli citizens, 5,725 Palestinians from the West Bank, 836 Palestinians from East Jerusalem, and 340 Palestinians from Gaza, as of the end of the year. Of these prisoners, the IPS characterized 5,539 as “security prisoners” (those convicted or suspected of nationalistically motivated violence), as of the end of the year. The vast majority (85 percent) of the security prisoners were Palestinian residents of the West Bank; 6 percent were Palestinian residents of Jerusalem, 4 percent were Israeli citizens, and 4 percent were Palestinian residents of Gaza. These prisoners often faced more restrictive conditions than those for prisoners characterized as criminals, including increased incidence of administrative detention, restricted family visits, ineligibility for temporary furloughs, and solitary confinement.
A June 2017 report on 62 prisons by the Public Defender’s Office described physical neglect and harsh living conditions. The report also cited a shortage of treatment and rehabilitation groups for non-Hebrew-speaking prisoners, lack of social workers in some prisons, excessive shaking of detainees during transportation, and extended stays in court detention facilities beyond the duration of legal proceedings.
Among Israeli citizens, the percentage of minors of Ethiopian or Arab origin in prison was significantly higher than their proportion of the population. As of the end of the year, there were 11 Ethiopian-Israeli minors and 44 Arab citizen minors in prison. In addition, 181 imprisoned minors were Palestinians from the West Bank or Gaza and 48 were Palestinian residents of Jerusalem.
In June 2017 following a petition by the Association of Civil Rights in Israel (ACRI) and the Academic Center for Law and Business in Ramat Gan, the Supreme Court ruled that within 18 months, prisons must allocate a living space of 48 square feet to each prisoner, including toilet and shower, or 43 square feet, not including toilet and shower. According to ACRI, each prisoner is currently allocated 33 square feet, including toilet and shower, and approximately 40 percent of the prisoners were imprisoned in an area that amounted to less than 32 square feet per person. On November 1, the Supreme Court extended the deadline for implementing the verdict to May 2020 but stipulated that living space should be no less than 32 square feet by April 2019. On November 5, the Knesset passed a temporary law for three years to enable earlier release of prisoners excluding security prisoners–in order to facilitate implementation of the Supreme Court verdict on prisoners’ living space.
As of October the government had not applied a 2015 law authorizing force-feeding of hunger-striking prisoners under specific conditions. The Israel Medical Association declared the law unethical and urged doctors to refuse to implement it.
Administration: Authorities conducted proper investigations of credible allegations of mistreatment, except as noted above. While authorities usually allowed visits from lawyers and stated that every inmate who requested to meet with an attorney was able to do so, this was not always the case. NGOs alleged authorities did not allow Palestinian detainees, including minors, access to a lawyer during their initial arrest. The government granted permits to family members from the West Bank on a limited basis and restricted those entering from Gaza more severely.
In a report in July, the Public Defender’s Office stated that defendants with mental disabilities were often sent to prison when the justice system lacked suitable accommodations and supportive therapeutic treatment.
Independent Monitoring: The International Committee of the Red Cross maintained its regular visits to all detention facilities holding Palestinian detainees in Israel, including interrogation centers, in accordance with its standard modalities, as in previous years. The Public Defender’s Office is mandated to report on prison conditions, which it does every two years.
Improvements: In December 2017 the IPS published new regulations allowing HIV-positive prisoners to reside with the general prison population and to participate in activities as permitted other prisoners, subject to their medical condition.
The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements. Authorities subjected non-Israeli citizens in Jerusalem and the Israeli-controlled Golan Heights to the same laws as Israeli citizens. Palestinian residents of the West Bank and Gaza detained on security grounds fell under military jurisdiction as applied by Israel to Palestinians in the West Bank and Gaza, even if detained inside Israel (see “West Bank and Gaza” section).
With regard to irregular migrants from countries to which government policy prohibits deportation, mainly Eritrea and Sudan, the law allows the government to detain migrants who arrived after 2014, including asylum seekers, for three months in the Saharonim Prison “for the purpose of identification and to explore options for relocation of the individual.” The law also states authorities must bring irregular migrants taken into detention to a hearing within five days. After three months in Saharonim, authorities must release the migrant on bail, except when the migrant poses a risk to the state or the public, or when there is difficulty in identity verification.
On January 3, the government approved a plan to detain indefinitely in Saharonim migrants from Sudan and Eritrea who refused to depart to a third country after authorities denied their asylum claim, as well as those who had not submitted an asylum request by December 2017. The plan also included closing the Holot detention center, a remote facility where the IPS had detained Eritrean men for up to 12 months without a criminal conviction. On March 14, the IPS released all irregular migrants from Holot and closed the facility. On April 15, following a Supreme Court order, the IPS also released from Saharonim all Eritrean migrants except those suspected of criminal offenses. The government terminated the plan on April 24 (see section 2.d.).
A policy dating to 2014 authorizes the government to detain without trial and for an indefinite period irregular migrants who were “implicated in criminal proceedings.” The NGO Hotline for Refugees and Migrants noted this policy enabled indefinite detention even in cases in which there is insufficient evidence to try a suspect, including for relatively minor crimes, as well as cases of migrants who completed a sentence following conviction. The Office of the UN High Commissioner for Refugees (UNHCR) stated this policy is “at variance with international human rights and refugee law,” and called for migrants suspected of crimes to be treated equally under Israel’s existing criminal laws. On January 4, the Supreme Court ruled that the legality of this policy required additional review. It had not issued any new guidance as of October 27.
ROLE OF THE POLICE AND SECURITY APPARATUS
Under the authority of the prime minister, the ISA combats terrorism and espionage in Israel, the Golan Heights, the West Bank, and Gaza. The national police, including the border police and the immigration police, are under the authority of the Ministry of Public Security. The IDF has no jurisdiction over Israeli citizens. ISA forces operating in the West Bank and East Jerusalem fall under the IDF for operations and operational debriefing.
Civilian authorities maintained effective control over the ISA and police forces, and the government has effective mechanisms to investigate and punish abuse and corruption. The government took steps to investigate allegations of the use of excessive force by police and military.
The Department for Investigations of Police Officers (DIPO) is responsible for investigating complaints against ISA bodies, including incidents involving police and the border police that do not involve the use of a weapon. In April 2017 the State Comptroller published a report criticizing DIPO for investigating complaints narrowly on criteria of individual criminal or disciplinary violations rather than broadly on criteria of systemic or organizational problems. According to its annual report DIPO published in February, in 2017 DIPO filed criminal indictments in 249 cases (up from 110 in 2016) and 85 percent of indictments led to convictions. For example, in one case a police officer stopped a female driver and touched her inappropriately while conducting an illegal body search. The court sentenced him to five months in prison and 22,000 shekels ($6,000) compensation.
Investigative responsibility for alleged abuses by the IDF, including incidents involving a weapon in which police units were operating under IDF authority in the West Bank and East Jerusalem, remains with the Military Police Criminal Investigations Department of the Ministry of Defense.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
Police must have a warrant based on sufficient evidence and issued by an authorized official to arrest a suspect. The following applies to detainees, excluding those in administrative detention: Authorities generally informed such persons promptly of charges against them; the law allows authorities to detain suspects without charge for 24 hours prior to bringing them before a judge, with limited exceptions allowing for up to 48 hours; authorities generally respected these rights for persons arrested in the country; there was a functioning bail system, and detainees could appeal decisions denying bail; and authorities allowed detainees to consult with an attorney in a timely manner, including one provided by the government for the indigent and to contact family members promptly.
Authorities detained most Palestinian prisoners within Israel. (Further information on arrest procedures under military law can be found in the West Bank and Gaza section.)
Authorities may prosecute persons detained on security grounds criminally or hold them as administrative detainees or illegal combatants, according to one of three legal regimes.
First, under a temporary law on criminal procedures, repeatedly renewed since 2006, the IPS may hold persons suspected of a security offense for 48 hours prior to bringing them before a judge, with limited exceptions allowing the IPS to detain a suspect for up to 96 hours prior to bringing the suspect before the senior judge of a district court. In security-related cases, authorities may hold a person for up to 35 days without an indictment (versus 30 days for nonsecurity cases), and the law allows the court to extend detentions on security grounds for an initial period of up to 20 days for interrogation without an indictment (versus 15 days for nonsecurity cases). Authorities may deny security detainees access to an attorney for up to 21 days under Israeli civilian procedures.
Second, the Emergency Powers Law allows the Ministry of Defense to detain persons administratively without charge for up to six months, renewable indefinitely.
Third, the Illegal Combatant Law permits authorities to hold a detainee for 14 days before review by a district court judge, deny access to counsel for up to 21 days with the attorney general’s approval and allow indefinite detention subject to twice-yearly district court reviews and appeals to the Supreme Court. As of October, according to B’Tselem based on IPS data, no Palestinian prisoners were held under this law.
NGOs including Military Court Watch, HaMoked, and B’Tselem accused authorities of using isolation to punish or silence politically prominent Palestinian detainees. According to the government, the IPS did not hold Palestinian detainees in separate detention punitively or to induce confessions. The government stated it uses separate detention only when a detainee threatens himself or others, and authorities have exhausted other options–or in some cases during interrogation, to prevent disclosure of information. In such cases authorities maintained the detainee had the right to meet with International Committee of the Red Cross representatives, IPS personnel, and medical personnel, if necessary.
Palestinian sources reported the IPS placed Palestinian detainees who were mentally disabled or a threat to themselves or others in isolation without a full medical evaluation. According to Physicians for Human Rights-Israel, isolation of Palestinian prisoners with mental disabilities was common.
Arbitrary Arrest: Allegations continued of arbitrary arrests of Arab citizens, Palestinian residents of Jerusalem, and Ethiopian-Israelis during protests. On May 18, police arrested Mossawa Center Director Jafar Farah, his son, and 17 other Israelis at a protest in Haifa involving primarily Arab citizens. Police officers subsequently broke his knee and inflicted blunt trauma injuries to his chest and abdomen while he was in custody, according to Farah. Police hospitalized him while under arrest, then released him and other detainees on May 21. On May 20, Public Security Minister Gilad Erdan stated that he expected the Justice Ministry Police Investigation Division to “quickly investigate the circumstances of Jafar Farah’s injury and his claims. It is urgent to clarify whether unnecessary force has been used illegally.” The Ministry of Justice stated on October 7 that it was considering indicting a police officer for assault and causing injury in this incident but had not indicted him by year’s end. The Israel National Police stated the officer was on compulsory leave since the opening of the investigation.
On November 5, President Rivlin and Justice Minister Ayelet Shaked invited Ethiopian-Israelis whom authorities had previously charged with minor offenses such as insulting a public servant, obstructing a public servant, and prohibited assembly and riot, and who were not imprisoned, to apply for their criminal records to be deleted. President Rivlin said the state would view these requests positively in light of the discrimination that Ethiopian-Israelis faced from officials and from Israeli society.
Pretrial Detention: Administrative detention continued to result in lengthy pretrial detention for security detainees (see above).
Detainee’s Ability to Challenge Lawfulness of Detention before a Court: By law persons arrested or detained on criminal or other grounds are entitled to challenge in court the legal basis or arbitrary nature of their detention and any delay in obtaining judicial rulings. If the court finds persons to have been detained unlawfully, they are entitled to prompt release, compensation, or both. An administrative detainee has the right to appeal any decision to lengthen detention to a military court of appeals and then to the Supreme Court. All categories of detainees routinely did so, including citizens, legal residents, and nonresident Palestinians. Military courts may rely on classified evidence denied to detainees and their lawyers when determining whether to prolong administrative detention. There is no system whereby authorities may clear a defense team member to view classified information used to justify holding an administrative detainee.
The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality.
The law provides for the right to a fair and public trial, and an independent judiciary generally enforced this right. Exceptions to the right for a public trial include national security concerns, protection of the interest of a minor or an individual requiring special protection, and safeguarding the identity of an accuser or defendant in a sex-offense case. On December 10, the Knesset passed an amendment eliminating the requirement for court involvement before publishing the identity of a victim of a sex offense, provided she or he gave written consent for publication.
Defendants enjoy the rights to a presumption of innocence, to be informed promptly and in detail of the charges against them, to a fair and public trial without undue delay, and to be present at their trial. They may consult with an attorney or, if indigent, have one provided at public expense. They have adequate time and facilities to prepare their defense. Defendants who cannot understand or speak the language used in court have the right to free interpretation as necessary from the moment charged through all appeals. Defendants have the right to confront witnesses against them and to present witnesses and evidence on their behalf. They may not be compelled to testify or confess guilt and may appeal to the Supreme Court.
The prosecution is under a general obligation following an indictment to provide all evidence to the defense. The government may on security grounds withhold from defense lawyers evidence it has gathered but will not use in its case against the accused. The Supreme Court (with regard to civilian courts) and the Court of Appeals (with regard to military courts) can scrutinize the decision to withhold such evidence. The rules of evidence in espionage cases tried in criminal court do not differ from the normal rules of evidence, and no use of secret evidence is permissible.
Children as young as 12 years old may be imprisoned if convicted of serious crimes such as murder, attempted murder, or manslaughter. The government reported no child was imprisoned under this law as of the end of the year.
POLITICAL PRISONERS AND DETAINEES
The government described security prisoners as those convicted or suspected of nationalistically motivated violence. Some human rights organizations claimed that Palestinian security prisoners held in Israel should be considered political prisoners.
In February 2017 the Supreme Court imposed the following restrictions on a practice by the ISA of summoning Israeli political activists suspected of “subversive” activity unrelated to terror or espionage for questioning under caution, meaning they might be charged with a crime. Summoning will be carried out only after consultation with the legal advisor of the ISA; police and the ISA will clarify that questioning is voluntary and the person summoned is not required to appear; and the ISA will clarify during questioning that the suspect’s statements cannot be used in court for other proceedings. On July 31, ACRI sent a letter to the State Attorney’s Office contending the ISA violated the Supreme Court ruling in three incidents at Ben Gurion Airport in June and July, when it detained employees of civil society organizations for questioning upon their return to Israel from outside the country.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
An independent and impartial judiciary adjudicates lawsuits seeking damages for, or cessation of, human rights violations. Administrative remedies exist, and court orders usually were enforced. Palestinian residents of Jerusalem can file suit against the government of Israel. By law nonresident Palestinians may file suit in civilian courts to obtain compensation through civil suits in some cases, even when a criminal suit is unsuccessful and the actions against them considered legal. On November 4, however, the Be’er Sheva District Court rejected a tort claim filed by two NGOs in 2016 on behalf of a Palestinian teenager whom the Israeli military shot and injured in his Gaza home, in the absence of military operations, in 2014. Adalah claimed the verdict prevents Gazans from redress for civilians harmed by Israeli security forces under a 2012 amendment to Israel’s Civil Wrongs Law, which exempted from damages “persons who are not citizens or residents of Israel, and … are residents of declared ‘enemy territory.’”
New construction remained illegal in towns that did not have an authorized outline plan for development. The government stated that, as of June, 132 of 133 Arab localities had approved outline plans for development, of which 76 had been updated since 2005, and 18 had new plans undergoing statutory approval. NGOs criticized the lack of Arab representation on regional planning and zoning approval committees and stated that planning for Arab areas was much slower than for Jewish municipalities, leading Arab citizens to build or expand their homes without legal authorization, risking a government-issued demolition order. Authorities issued 1,792 administrative and judicial demolition orders during the year, including both Jewish-owned and Arab-owned structures. In cases of demolitions with no agreement from the residents to relocate, the government levied fines against residents to cover expenses incurred in the course of demolitions.
A plan for the Bedouin village of al-Fura’a was not yet completed as of the end of the year, despite government recognition of the village in 2006. As a result, the village lacked basic electricity and water infrastructure, and NGOs reported house demolitions occurred regularly. The government stated that a team from the Ministry of Agriculture Authority for the Development and Settlement of Bedouin in the Negev began working on this issue in the second half of the year, after completing a survey of 180 Bedouin residential clusters.
In April 2017 the Knesset passed an amendment that increased the government’s power to demolish unpermitted structures. Arab MKs and human rights organizations condemned the law for increasing enforcement and demolitions without addressing the systemic housing shortages in Arab communities that led to unpermitted construction. According to human rights organizations, approximately 50,000 Arab families lived in unpermitted houses.
According to the NGO Negev Coexistence Forum for Civil Equality (NCF), Bedouins accounted for 34 percent of the population of the Negev, but only 12.5 percent of the residential-zoned land was designated for the Bedouin population. The seven Bedouin townships were all crowded, especially in comparison to the Jewish towns and cities in the area, and had low-quality infrastructure and inadequate access to health, education, welfare, public transportation, postal, and garbage disposal services. In 35 unrecognized Bedouin villages in the Negev inhabited by approximately 90,000 persons, the government stated it used a “carrot and stick” approach to attempt to compel Bedouin Israelis to move, including demolishing unpermitted structures and offering incentives to move to Bedouin towns. Bedouins often refused to participate because they asserted they owned the land or that the government had given them prior permission to settle in their current locations, as well as fears of losing their traditional livelihoods and way of life and fears of moving onto land claimed by a rival Bedouin clan.
As of the end of the year, 34 percent of 163,089 acres of land that was under ownership dispute was no longer in dispute as a result of either settlement agreements or following legal proceedings, according to the government.
According to NCF, 115 of the 126 Jewish communities in the Negev maintained admission committees to screen new residents, effectively excluding non-Jewish residents. Following objections by multiple NGOs, authorities canceled plans for new Jewish communities called Daya, Eshel HaNasi, and Neve Gurion to replace existing Bedouin villages. The National Planning and Building Council recommended to the government in August to progress with the establishment of a town called Ir Ovot, which was to include a zone for approximately 50 Bedouin Israelis to stay in their current locations.
On April 11, Bedouin residents of the unrecognized village Umm al-Hiran signed an agreement with the Ministry of Agriculture Authority for the Development and Settlement of Bedouin in the Negev to self-demolish their structures and relocate to vacant plots in the Bedouin town of Hura, following extended legal action and negotiations. Umm al-Hiran was to be replaced with a Jewish community called Hiran.
NCF recorded 2,220 demolitions of Bedouin Israelis’ structures in 2017, nearly double the number in 2016, and stated the demolition policy violated Bedouin Israelis’ right to adequate housing. Demolitions by Israeli authorities increased to 641 in 2017 from 412 in 2016, while Bedouins demolished the remaining structures to avoid fines. In 2016 a report from the state comptroller recommended the government act to settle land claims as early as possible, plan resettlement of Bedouin citizens in cooperation with the Bedouin community, develop infrastructure in recognized Bedouin communities, and formulate an enforcement policy regarding illegal construction. The NGO Regavim praised the demolitions as combatting illegal construction by squatters.
In addition to the Negev, authorities ordered demolition of private property in Arab towns and villages, and in East Jerusalem, claiming that they were built without permits. On January 30, in one incident in Issawiya, authorities demolished 12 commercial and livestock structures that were the source of livelihood for nine families. Authorities demolished, or Palestinians demolished on authorities’ orders, 177 Palestinian-owned structures in East Jerusalem due to lack of permits, a 20 percent increase over 2017, according to the UN Office for the Coordination of Humanitarian Affairs (UNOCHA). Human rights NGOs claimed that in Jerusalem, authorities often placed insurmountable obstacles against Palestinian applicants for construction permits, including the requirement that they document land ownership despite the absence of a uniform post-1967 land registration process, the imposition of high application fees, and requirements to connect new housing to often unavailable municipal works.
According to the government, all land ownership cases are assessed individually by an administrative committee, which is subject to judicial review.
According to Ir Amim and B’Tselem, authorities evicted some Palestinians in East Jerusalem based on legal challenges to their ownership of property prior to 1948. Palestinians evicted by authorities in East Jerusalem claimed they received unequal treatment under the law, as the law facilitated Jewish owners’ claims on land owned prior to 1948, while not providing an opportunity for Palestinians to seek restitution for land they owned in Israel prior to 1948.
The law prohibits such actions, and the government generally respected those prohibitions.
Separate religious court systems adjudicate matters such as marriage and divorce for the Jewish, Muslim, Christian, and Druze communities. The country lacks a civil marriage law. To be considered legal, civil marriages and any type of marriage that the religious courts refuse to conduct (for example, marriages in non-Orthodox ceremonies, same-sex marriages, marriages of a Jew to a non-Jew, or marriages of a Muslim woman to a non-Muslim) must take place outside the country to be considered legal. Approximately 15 percent of marriages registered with the Ministry of the Interior in 2016, the most recent year available, occurred abroad, according to the Central Bureau of Statistics. A growing number of Jewish couples married inside the country in ceremonies not sanctioned by the Chief Rabbinate and are, therefore, not recognized by the government, according to civil society organizations.
The Orthodox Rabbinate did not consider to be Jewish approximately 4 percent of the population who considered themselves Jewish and who immigrated either as Jews or as family members of Jews; therefore, these citizens could not be married or buried in Jewish cemeteries. The government stated that 24 cemeteries in the country served immigrants not considered Jewish by the Orthodox Rabbinate, but the NGO Hiddush stated that most of those cemeteries would not bury unrecognized Jews alongside recognized Jews nor allow them a non-Orthodox Jewish burial. Only two civil cemeteries were available to the general public, in addition to a few civil cemeteries in smaller localities reserved for local residents, leaving no access to civil burial in the vicinities of Tel Aviv or Jerusalem, where the majority of the Jewish population lives, according to Hiddush. The Orthodox Rabbinate had the authority to handle divorces of any Jewish couple regardless of how they were married.
The 2003 Law of Citizenship and Entry, which is renewed annually, prohibits non-Jewish Iranians, Iraqis, Syrians, Lebanese, and Palestinians from the West Bank or Gaza, including those who are spouses of Israeli residents or citizens, from obtaining resident status unless the Ministry of the Interior makes a special determination, usually on humanitarian grounds. The government has extended the law annually due to government reports that Palestinian family reunification allows entry to a disproportionate number of persons who are later involved in acts of terrorism. HaMoked asserted that statistics from government documents obtained through Freedom of Information Act requests contradicted these terrorism allegations, and the denial of residency to Palestinians from the West Bank or Gaza for the purposes of family reunification led to cases of family separation. According to HaMoked, there were approximately 10,000 Palestinians living in Israel, including Jerusalem, on temporary stay permits because of the law, with no legal guarantee that they would be able to continue living with their families. There were also cases of Palestinian spouses living in East Jerusalem without legal status. Authorities did not permit Palestinians who were abroad during the 1967 war or whose residency permits the government subsequently withdrew to reside permanently in Jerusalem. Amnesty International and other human rights organizations called on the government to repeal this law and resume processing family unification applications. The law allows the entry of spouses of Israelis on a “staying permit” if the male spouse is age 35 or older and the female spouse is age 25 or older, but they may not receive residency based on their marriage and have no path to citizenship.