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IAI WORKING PAPERS 15 | 20 - MAY 2015 ISSN 2280-4341 | ISBN 978-88-98650-44-6 © 2015 IAI |Migration |Refugees |Human rights and struggle against Israel’s immigration and asylum policies. asylum-seekers’ daily realities andexplore theirunderstanding of to Uganda andRwanda. Finally, weuseinterview data toanalyse active encouragement of those detained to leave Israel “willingly” the adoption of apolicy of prolonged detention without trial and limited access to social and other public services, and, since 2012, seekers tolive within its borders afterentering, focusing on their part examinestheways Israel hasmadeit difficult for asylum- and its chaotic “patch work,” “on themove” character.Thesecond on Israel’s asylum system,emphasizing thelow recognition rates introducing Israel’s unique immigration regimethearticle focuses entered thecountry on account of its laxborder with . After asylum-seekers from 2002to2014,aperiod during which 60,000 This article analyses Israel’s policies toward Sudanese andEritrean ABSTRACT by Galia SabarandElizabethTsurkov 2002-2014 Israel’s Policies toward Asylum-Seekers: keywords IAI WORKING PAPERS 15 | 20 - MAY 2015 ISSN 2280-4341 | ISBN 978-88-98650-44-6 © 2015 IAI 2 * Western governments have notapplied measurestoinduce policy changeinIsrael. are in clear contravention of the Refugee Convention and EU policies, and yet that seekstodiscouragenon-Jewish migration toIsrael. Moreover, thesepolicies argues that thesecoercive measuresareanintensification of Israel’s overall policy to leave Israel “willingly” without sufficient guarantees for theirsafety. Thearticle of prolonged detention without trial andactive encouragement of thosedetained access tosocial andotherpublic services, and,since2012,theadoption of apolicy asylum-seekers tolive within its borders afterentering, focusing on theirlimited The second part will examine the ways in which Israel has made it difficult for Refugee Convention, such asgranting (formal or informal) temporary protection. how it has resorted to implementing protection mechanisms that complement the highlight thecountry’s reluctance togrant refugees protection anddemonstrate Following apresentation of Israel’s low recognition rate of refugees, thearticle will that werecreated tosafeguard theJewish characterof theState of Israel. follows thesamecentral norms of Israel’s citizenship andimmigration processes the move” policy –at timeshardtofollow andcomprehend –thisasylum system system. We shall argue that, although it wascreated asa chaotic “patch work,” “on immigration regimethearticle will first focus on its recently developed asylum more intermediate states enroute toIsrael. After briefly introducing Israel’s unique majority of asylum-seekers arefrom andEritrea, who have crossed one or from amerehandful at thebeginningof thecentury toover 60,000in2012.Thevast period during which thenumber of asylum-seekers inIsrael increaseddramatically This article analyses Israel’s policies towards asylum-seekers from 2002to2014,a Introduction by Galia SabarandElizabethTsurkov* 2002-2014 Israel’s Policies toward Asylum-Seekers: Israel’s Policies toward Asylum-Seekers: 2002-2014 . on the MS; however, all ideas expressed are our own. our are expressed MS; however, allon the ideas commented and read who have reviewers to three grateful are authors NGO. The Israeli an (HRM), Migrants and for Hotline Refugees the with researcher and director project and student a graduate Tsurkov is Elizabeth asylum-seekers; and migrants labour including 1996, since to Israel migration Paper produced within the framework of the New-Med Research Network, May 2015 May Network, New-Med of the framework Research the within produced Paper Galia Sabar, Former Chair of African Studies at Tel Aviv University, has been researching African African at Tel researching Aviv been Studies University, has of African Chair Former Sabar, Galia . IAI WORKING PAPERS 15 | 20 - MAY 2015 ISSN 2280-4341 | ISBN 978-88-98650-44-6 © 2015 IAI 3 Arabia, Trans-Jordan, or the Yemen,” or who wasa resident, visitor or citizen of unlawfully” andwho was“anational or citizen of theLebanon, Egypt, , Saudi an “infiltrator” (Hebrew mistanen) assomeone who “entered Israel knowingly and israellawresourcecenter.org/israellaws/fulltext/preventioninfiltrationlaw.htm. Law and InfiltrationJurisdiction) (Offences Law of law. 5714-1954: Prevention See Israeli of eyes the in infiltrators to be considered were however, All, crops. up unharvested pick and possessions to attempt collect an in border the crossed had and war 1948 of the consequences of the victims innocent were Some attacks. violent 4 3 2 1 government introduced thePrevention of Infiltration Law in1954. southern borders inorder tocarryout violent attacks againstIsraeli targets,the as Following anincreaseinattempts byPalestinian guerilla fighters (referred to section of thislaw excludes from acquiringnationality. establishes thegrounds upon which non-nationals may bedeported. Thethird and resideinIsrael. Thislaw definesprocedures for acquiringanentry visa and (1952) wasissued toregulate theright of non-Jewish non-nationals toenter Together with the Law of Return and the Nationality Law, the Entry to Israel Law and acquirecitizenship there. at least one grandparent isJewish, hastheright toimmigrate toIsrael, andtosettle and foremost, intheLaw of Return (1950),which states that every Jew, solong as other migrations. This policy, while based on several legal rulings, is grounded, first whose primarypurposewastoensureunfettered Jewish migration andprevent all in growing numbers from 2005theywereconfronted byanimmigration policy and immigration policies. Hence, when asylum-seekers beganentering Israel norms, rules andregulations that constitute thefoundation of Israel’s citizenship The asylum systemdeveloped inIsrael over thepastdecadefollows theideology, 1. Israel’s immigration regime:abrief introduction immigration andasylum policies. daily realities andexplore theirunderstandingof andstruggle againstIsrael’s asylum-seekers inIsrael. We useinterview data toanalyse asylum-seekers’ The final section of thearticle isbased on interviews with Sudanese andEritrean Israel’s Policies toward Asylum-Seekers: 2002-2014 israellawresourcecenter.org/israellaws/fulltext/nationalitylaw.htm. israellawresourcecenter.org/israellaws/fulltext/entryintoisraellaw.htm. birth or naturalization undertheNationality Law (1952). any Jew who comes toIsrael may acquireIsraeli citizenship byreturn,residence, and shelter for Jews on thebasisof asharednational andreligious identity; thus, mfa-archive/1950-1959/pages/law%20of%20return%205710-1950.aspx. (Amendment No. 2) Return

Law of Return Law 5710-1950: Law Entry to Israel Law to Israel 5712-1952: Entry Law Nationality Law 5712-1952: Nationality Law It should be noted that not all of those who entered via the eastern border came to carry out to carry came border eastern the who via entered not all of those that noted It be should fedayeen) basedinJordan andEgypt topenetrate Israel viathe easternand , 10 March 1970, in Book of Laws 586, p. 34, http://www.mfa.gov.il/mfa/ 34, p. 586, of Laws Book in 1970, , 10 March , 6 June 1950, in Book of Laws 51, p. 151; Law 5730-1970: Law of Law 151; p. 51, of Laws Book in , 6June 1950, , 1 April 1952, in Book of Laws 95, p. 146, http://www. 146, p. 95, of Laws Book in 1952, , 1April , 26 August 1952, in Book of Laws 111, p. 354, http://www. 354, p. 111, of Laws Book in 1952, August , 26 1 Thepurposeof thislaw wastoprovide protection , 16 August 1954, in Book of Laws 161, p. 160, http://www. 160, p. 161, of Laws Book in 1954, , 16 August 2 4 Thislaw defined 3 IAI WORKING PAPERS 15 | 20 - MAY 2015 ISSN 2280-4341 | ISBN 978-88-98650-44-6 © 2015 IAI 4 tens of thousandsof migrant labourers remainedinthecountry, establishing 63 months. during thisperiod limited thelabourers timeof sojourn inIsrael toamaximum of potential migrants on apath tocitizenship. Hence, one of core statutes enacted rights asIsrael regardedmigrant labourersasmeretemporary workers rather than pertaining totheirdaily lives, primarily ones that wereconcerned with labour number of work visasissued peryear, thestate instituted rules andregulations especially inthefields of agriculture andconstruction. Beyond determiningthe labourers toenter thecountry inlargenumbers toreplacethePalestinian workers, the Israeli government decided,for thefirsttimein its history, to allow international and defensive closures brought on bythePalestinian uprising (intifada) at thistime, 5 their numbers reached about 100,000, however. homes at night, andsotheywerenotregardedaslabourmigrants. In thelate 1980s construction. Most of these workers came during the day and returned to their either from theWest Bankor from theGazaStrip, mainly inagriculture and of international labour migrants. Israel did, however, employ Palestinian workers Until theearly 1990sIsrael hadvery few non-Jewish migrants, andonly ahandful international migrant labourers 2. Challenging Israel’s migration regime:thearrival of into Israeli law, astepthat would requireIsraeli legislation. during theSecond World War. TheConvention, however, wasnever incorporated to theStatus of Refugees, beingcognizant of theterrible fate of Jewish refugees Israel wasone of thefirstcountries tosign andratify the1951Convention Relating With thisinmind,it isimportant tomention that inaddition toadopting theselaws, national frontier mentality. the Prevention of Infiltration Law – also served asthe foundation of the country’s non-Jewish migrants togaincitizenship. In many ways all theselaws –especially migration policy and,when taken asawhole, limited thenumber of legal avenues for Law andthePrevention of Infiltration Law –establishedthe foundation for Israel’s These four basic laws –theLaw of Return, theNationality Law, theEntry toIsrael and could beimprisoned for up tofive years. person.” Such infiltrators weresubject tocriminal law, trial byamilitary tribunal Palestine who wasarmedandwho sought “tocause death or serious injury toa Israel’s Policies toward Asylum-Seekers: 2002-2014 6 155-174. p. 2002, Books, and Practices Perspectives in Policy Israel. Public (ed.), Korn Dani in Policy”, Migration of Labor Analysis AMultilayered Actors: NonState and Kemp, “State Adriana and Raijman Rebeca see migrants labour international of import the and conflict Israeli Palestinian the between

On the Palestinian workers as foreign workers and not labour migrants and on the relation relation on the and migrants not labour workers foreign and workers as Palestinian the On The only exception is made for caregivers, whose departure would harm their Israeli employer. Israeli their would harm departure whose for caregivers, made only is exception The 6 However, due toinefficient enforcement of this andotherregulations, 5 Following the increase in violence , Lanham, Lexington Lexington , Lanham, IAI WORKING PAPERS 15 | 20 - MAY 2015 ISSN 2280-4341 | ISBN 978-88-98650-44-6 © 2015 IAI 5 Unit? 2008”, in African in Diaspora 2008”, 1990- Seekers, Asylum African and Labourers Migrant African of among Rights Discourse Political www.gov.il/firstgov/topnaveng/engsituations/esmigrantworkersguide/esmwgcoming. 11 10 9 8 7 fire on thecrowd, killing fifty-sixpeople anddetaining hundreds. (UNHCR) inCairo hadgone on for threemonths, Egyptian security forces opened families outside theoffices ofthe United Nations High Commissioner for Refugees on 30December2005.After apeaceful sit-in of Sudanese and South Sudanese that theyweredeeply affected bythe Mustapha Mahmoud Park MassacreinCairo Interviews with Sudanese asylum-seekers who entered Israel in2006revealed In 2006thenumber of asylum-seekers who entered haddoubled, reaching1,204. through thelaxborder with Egypt, mostof themfrom south andwestSudan (Darfur). of thegenocideinDarfur,and, 2005, anadditional 453asylum-seekers entered In 2004,eleven asylum-seekers crossed into Israel from Egypt, all of themsurvivors 3.1 Numbers 3. African asylum-seekers enter Israel: major milestones gaining citizenship, except inrarecases. to immigrate toIsrael freely while non-Jewish labourmigrants arebarredfrom policy whose intention was, as demonstrated above, to ensure that Jews are able numbers since2005,found themselves. Theywereconfronted byanimmigration It iswithin thiscontext that asylum-seekers, who beganentering Israel ingrowing objective of reducing the number of undocumented migrants residing in Israel. immigration directorate within theMinistryof Interior toachieve thepolicy unemployment among Israelis. Thus, in2002,thegovernment establishedan sought toimplement large-scale deportations of theselabourersdue togrowing percent of thelabourforce andhadreached250,000,theIsraeli government In theearly 2000s, when thenumber of international labourersmadeup 10 families anddeveloping communities. Israel’s Policies toward Asylum-Seekers: 2002-2014 (PIBA). gain residencyor citizenship. raids andarrests,some of which wereextremely violent. lacking thenecessarystaff,was forced torely on the Israeli Police tocarryout the out within sixteen months of the Directorate’s operation. However, the Directorate, Then PrimeMinisterAriel Sharon setagoal of 50,000deportations tobecarried

On the lively African communities see Galia Sabar, “Israel and the ‘Holy Land’: The Religio- The Land’: ‘Holy the and “Israel Sabar, Galia see communities African lively the On On 1 January 2009, became the Administration of Border Crossings, Population and Immigration Immigration and Population Crossings, of Border Administration the became 2009, 1January On See the Israel Government Portal, Coming to Work Portal, in Guide Israel: for Migrant Workers Government Israel the See Pambazuka News Pambazuka in Park”, Mahmoud Mustapha in Massacre the “Remembering Dadrian, Eva Immigration Administration or Expulsion Immigration Administration or Expulsion Migrants, and for Hotline Refugees and LaOved Kav , May 2003, http://hotline.org.il/?p=2014. 2003, May , , Vol. (2010), No.1 42-75. p. 3, 8 7 Yet theyhadfew, ifany, legal avenues to 10 11 Following the , http:// , , 9

IAI WORKING PAPERS 15 | 20 - MAY 2015 ISSN 2280-4341 | ISBN 978-88-98650-44-6 © 2015 IAI 6 materialized. never adeal to would do so; allow Israel such that regime Egyptian the with adeal to secure Table 1|Number of irregular entries into Israel byyear equipped todeal with them. that so many people sought asylum and the state’s asylum system was clearly not 13 12 http://www.pambazuka.net/en/category/features/31111. 2006), (5 December No. 236 most spendingalmost ayear inprison. and 2006Israeli authorities heldtheminprolonged detention without trial, with Hence, once thefirst African asylum-seekers crossed theborder between2005 immigration processes. system does adheretothesamecentral norms that define Israel’s citizenship and between 2005until thepresent day. At thesametime,establishedasylum inconsistency became the most conspicuous feature of Israel’s asylum policy and procedures are inconsistent, defensive and issued “on themove.” This asylum systemit should beclearly stated that, on thewhole, therules, regulations Before wepresent andanalyse themajor milestones inthecreation of thestate’s 3.2 Procedures and policies Israel took place between 2005 and 2014. demonstrates, asignificant increaseinthe number of asylum-seekers residingin asylum-seekers, mostly from andSudan, residedinIsrael. As Table 1 constitute 73percent of all asylum-seekers inIsrael. ByFebruary 2015,47,000 In 2007, Eritreans seeking asylum began entering Israel and, as of January 2015, shelter inIsrael. massacre, many refugees felt theywerenolonger safe inEgypt anddecidedtoseek Israel’s Policies toward Asylum-Seekers: 2002-2014 14 Documents/sum2014_final.pdf. 2014 to Ktziot, the latest detention facility for asylum-seekers in Holot: in https://www.google.co.il/maps/ for asylum-seekers detention facility latest the to Ktziot, adjacent is facility, which Saharonim of the location See http://hotline.org.il/?p=2610. June 2010, 2008. seekers decreaseddramatically from over ayear in2006toonly afew weeks in Saharonim on the border with Egypt. Nevertheless, the detention period of asylum- seekers entering Israel thegovernment constructed anewdetention facility called they posedadangertotheIsraeli public. Due totheincreasingnumber of asylum- enemy state –it wasargued that theycould notbereleased from detention since Until 2006

The Israeli government and UNHCR wished to return the asylum-seekers to Egypt and sought and to Egypt asylum-seekers the to return wished UNHCR and government Israeli The Data on Foreigners in Israel. Summary for Summary in Israel. on Foreigners Data (PIBA), Authority Border and Immigration Population, (Hebrew), 16 16 in May 2010 Update Israel: (Hebrew), and Refugees Asylum-Seekers Forum, Rights Refugees’ 2,731 (Hebrew), January 2015, http://www.piba.gov.il/PublicationAndTender/ForeignWorkersStat/ 2015, January (Hebrew), 14 Thischangeinpolicy may beattributed notonly totheconstant lackof 5,065 2007 8,769 2008 2009 5,217 14,680 13 2010 12 As all of themcamefrom Sudan –an It was the first time in Israel’s history 17,300 2011 10,438 2012 2013 43 2014 21 IAI WORKING PAPERS 15 | 20 - MAY 2015 ISSN 2280-4341 | ISBN 978-88-98650-44-6 © 2015 IAI 7 then wasissued only tomigrant workers, grants its holderonly theright towork. granted the2,000Eritreans already residinginIsrael aB1visa.This visa,which until “work infiltrators” tobedeported, in January 2008the Immigration Directorate While thePrime Ministerdeclaredthosebeyond the600Darfurianrefugees as individual cases(therefugee status determination, RSD, process). social services andmedical insurances,wasissued without anexamination of their UNHCR. Thisvisa,which grants its holderstemporary residency, theright towork, issued A5visasto600Darfurisaccording tothelistsof Darfurianscompiled bythe 2007, http://www.haaretz.com/print-edition/news/1.229901. Kav LaOved Kav or Not?” in (Hebrew), Seekers to Asylum Employ It Permissible “Is Livneh, Roni to survive. wage minimum than for less workto agree forwork sometimes desperate are who Asylum-seekers Israel. in employment find to struggle will asylum-seekers that to ensure taken are steps These of asylum-seekers. employers fining begin threaten to inspectors PIBA and officials government Israeli to time, time From NGOs. rights human Israeli by filed petition a following asylum-seekers of employers fining from refrain to HighCourt the before committed state the workbecause to find manage Asylum-seekers positions. industry service wage low-level, in minimum employed usually are They do work. Israel in asylum-seekers most illegal, dejure is employment their and not awork is permit” permit “this states clearly visa their that fact the Despite insurance. or medical services, welfare assistance, government right to housing, work, holder the its not grant does visa this Israel, in holder to reside its enabling Beyond deportation. from protection temporary holders Eritrean and Sudanese its Authority, grants Immigration at the months one or two every renewed be must which visa, This same time,Israel barred themfrom filing individual asylum claims,thus preventing nationals who entered Israel wereprotected from beingdeported back home. At the In accordance with UNrecommendations andIsraeli law, Eritrean andSudanese the country brought about thischangeinvisapolicies. 17 16 15 place/Saharonim+Penitentiary/@30.8831621,34.453817,14z. deported from Israel. Darfuris refugee status, arguingthat therestare“work infiltrators” who will be 2007, for example, PrimeMinisterEhud Olmertdeclaredthat hewould grant 498 regulations concerning thetypeof visasissued toasylum-seekers. On17September The sameinconsistency regardingdetention wasalso commonplace inthe waged byIsraeli NGOs. space intheexistingdetention facilities but also totheprotracted legal battles Israel’s Policies toward Asylum-Seekers: 2002-2014 Seekers and Refugees in May 2010 Update Israel: (Hebrew), and Refugees Seekers cit. Asylum- Forum, Rights Refugees’ See status. that held who still Eritreans remaining of most visas B1 the of revoked Interior Ministry the 2014, In Ethiopians. (falsely) found to who be were Eritreans, most do work. Eritrean holdersonly temporary protection from deportation though, de facto , after December2007,received thisvisa.Dejure, thisvisagrants its Sudanese and as people from South Kordofan andSouth Sudan, aswell asEritreans who arrived all otherasylum-seekers. All Sudanese nationals who werenotfrom Darfur,such In February 2008,Israel beganhandingout the2A5“conditional release” visato

At the time of this writing, approximately 40,000 asylum-seekers in Israel live with the 2A5 visa. visa. 2A5 the with live Israel in asylum-seekers 40,000 approximately writing, of this time At the , 24 September September , 24 Israel”, Haaretz in entering refugees Sudanese “Fewer Sinai, Ruth and Ravid Barak In April 2008, the Ministry of Interior began withdrawing the B1 visas of about 50 percent of percent of 50 about B1 visas the withdrawing of began Interior Ministry the 2008, April In 17 Theconstant riseinthenumber of newasylum-seekers entering 15 Hence, between2008and2009,theMinistryof Interior , 17 June 2014, http://www.kavlaoved.org.il/?p=3935. , 17 June 2014, 16

IAI WORKING PAPERS 15 | 20 - MAY 2015 ISSN 2280-4341 | ISBN 978-88-98650-44-6 © 2015 IAI 8 features/1.467529. http://www.haaretz.com/jewish-world/jewish-world- 2012, September , 30 Here”, Haaretz in Geneva of No Spirit Asylum? Feldinger, “Seeking Gelfond Lauren See claims.” out to reject carved basically Aviv, Hotline for Refugees and Migrants, March 2012, http://hotline.org.il/?p=1316. 2012, March Aviv, Migrants, and for Hotline Refugees 19 18 refugee rights NGO, which hassinceharshly criticized Israel’s asylum system. trained bytheUNHCR andHIAS(theHebrew Immigrant Aid Society), aJewish whether a person is entitled to refugee status. The first Israeli RSD officers were assumed full responsibility for processing RSD applications anddetermining In July 2009,asthenumber of foreigners inIsrael increased,theMinistryof Interior committee. based upon its findingsmake arecommendation tothe Israeli intra-ministerial asylum-seekers andexaminingtheconditions intheircountry of origin, and had intheRSD process, restricting theinternational organization tointerviewing the final decision on eachcase forwarded tohim.Thislimited the role theUNHCR would make recommendations totheMinisterof Interior, who would thenmake government. According tothe new procedure, an intra-ministerial committee to determinewhether togrant refugee status toasylum-seekers totheIsraeli In 2001,Israel’s Ministryof Justice draftedanewregulation assigning theauthority Convention. around 200people have beengranted refugee status, according totheRefugee Since theestablishment of theState of Israel in1948until thepresent day, only the asylum request andthefinal decision would bemade at its Genevaheadquarters. process wasinthehands of theUNHCR –thelocal UNHCR office would examine From theearly 1950suntil 2001theentire refugee status determination (RSD) temporary protection andRSD 4. BetweenIsrael andtheUNHCR, betweenconditional release, Israel. Thereason for thisreluctance isexplored below. throughout theWestern world andelsewhere, wasseenasathreat bytheState of them from acquiringrefugee status. Thisbasic right, reserved for asylum-seekers Israel’s Policies toward Asylum-Seekers: 2002-2014 20 decisions were not transferred to the State of Israel. State to the not transferred were decisions Their Palestinians. for solely handling established organization UN UNRWA by –aunique handled were status for refugee requests note should One Palestinian deportation. stop the and intervene to able was UNHCR the which in instances were However, there homeland. to their Israel from deported were UNHCR the for from areply waiting who were people several and applicants to the protection much not provide did for asylum applying that however noted It be should m03216.pdf. https://www.knesset.gov.il/mmm/data/pdf/ Center, June 2013, 18 Information and Research

Yonatan in Israel Procedures Asylum Completely Are Hardened. Berman, Until Hearts Our (Hebrew), Jerusalem, The Knesset The Jerusalem, (Hebrew), in Israel Status Refugee for Receiving Procedures Moshe, Neta According to HIAS, Israel examines asylum claims in an unfair manner and its “[RSD] system is is system “[RSD] its and manner unfair an in claims asylum examines Israel to HIAS, According 19 18 , Tel 20 IAI WORKING PAPERS 15 | 20 - MAY 2015 ISSN 2280-4341 | ISBN 978-88-98650-44-6 © 2015 IAI 9 Until Our Hearts Are Completely Are Hardened Until Hearts Our SeeBerman, attend. Yonatan to claimed had she university the in official of an name the remember 2014 Seekers”, cit. to any request filed byasurvivor of thegenocideinDarfur,even toasylum claims aware, noclaimsof Darfurishave beenrejected–Israel simply hasnotresponded 25 24 23 22 21 9,000 people. recognized even one Sudanese national asarefugee out of acommunity of almost but thedismally low recognition rate remainsunchanged.To date, Israel hasnot Since 2013Eritrean andSudanese asylum-seekers have beenallowed tofile claims, out of the17,778asylum claimssubmitted, arecognition rate of 0.25percent. Since July 2009, the State of Israel hasgranted only forty-five people refugee status Israel’s Policies toward Asylum-Seekers: 2002-2014 27 26 openly gay, once performed in Morocco. See Ibid., p. 36-37. p. Ibid., See Morocco. in gay,openly performed once who is Elton John, because and gay rights supports that website it found aMoroccan because gays for safe is Morocco that determined unit RSD The for gays. safe to be deemed was Morocco because nationals andrejectedthemall. 2013 it barredall Eritrean andSudanese citizens from filing individual requests. Israel hasachieved such alow recognition rate firstand foremost because until process. who implement it issuspectanddemonstrated theunfairnessinherent toIsrael’s standard, the fairness and impartiality of Israel’s recognition procedure and those Citizens http://www.haaretz.com/news/israel/1.643134. 2015, February , 19 Haaretz in Seekers”, the country of origin. In othercases,theasylum requests arerejectedbasedon faulty information about individual’s inability torememberdetails that arenotrelevant totheasylum claim. on thegrounds of slight inconsistencies, non-existent inconsistencies or due toan other tactics. In contravention of UNHCR guidelines,asylum claimsarerejected Interior clerks shouting at asylum-seekers and accusing them of lying, among during the RSD process are carried out as interrogations, with the Ministryof people who are not refugees, so that they can be deported. Hence, the interviews In addition, its investigation process isconducted with theintention of finding 1% issuspectperseintermsof thefairnessof theprocedure.” higher thanIsrael’s): “An asylum systemwith arate of recognition notexceeding was unfairdue toits recognition rate of 1percent (thelowest intheEU, but much In 2011,theEuropean Courtof Human Rights ruled that Greece’s asylum system hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-103050.

Ilan Lior, “Israel has Granted Refugee Status to only Four Sudanese and Eritrean Asylum Asylum Eritrean and to only Four Sudanese Status Refugee Granted has Lior, “Israel Ilan Ilan Lior, “Israel has Granted Refugee Status to only Four Sudanese and Eritrean Asylum Asylum Eritrean and to only Four Sudanese Status Refugee Granted has Lior, “Israel Ilan For example, a gay asylum-seeker from Morocco was not granted refugee status in Israel Israel in status refugee not granted was Morocco from a gay asylum-seeker For example, No Safe Haven. Israeli Asylum Policy as Applied to Eritrean and Sudanese and Sudanese Applied to as Policy Eritrean Asylum Israeli No Haven. Safe al., et Shani Eli M.S.S. v. and Greece Belgium of M.S.S. case Judgement the in ECHR, Data on Foreigners in Israel. Summary for Summary in Israel. on Foreigners Data (PIBA), Authority Border and Immigration Population, For example, a citizen of Myanmar had her asylum request rejected because she did not did she because rejected request asylum her had of Myanmar a citizen For example, (Hebrew), cit. , Tel Aviv, Hotline for Refugees and Migrants, December 2014, http://hotline.org.il/?p=2362. http://hotline.org.il/?p=2362. 2014, December , Tel Aviv, Migrants, and for Hotline Refugees 26 Israel examined only 45 of the 3,165 requests filed by Sudanese 25 27 To date, asfarIsraeli human rights NGOs are , cit., p. 33. p. , cit., , 21 January 2011, p. 105, http:// 105, p. 2011, January , 21 22 Judged againstthis 24 23 21

10 IAI WORKING PAPERS 15 | 20 - MAY 2015 ISSN 2280-4341 | ISBN 978-88-98650-44-6 © 2015 IAI worldwide received apositive response. refugees, in 2013, 58.7 percent of refugee status claims filed by Sudanese citizens article/147359. Hayom Israel in (Hebrew), to Lies” Not Surrender Will “We Saar, Gideon http://www.haaretz.com/news/israel/1.618505. 2014, September 30 Haaretz, , 30 December 2011, http://www.haaretz.co.il/news/ 2011, December , 30 Haaretz in (Hebrew), Spirits” by Haunted org/3b66c2aa10.html. http://www.unhcr. 1967), and (1951 of Refugees to Relating the Status Convention and Protocol See 33). (Article opinion.” or political group social of aparticular membership nationality, religion, race, of on his account threatened would be or freedom life where his of territories frontiers the to whatsoever manner any in arefugee (“refouler”) or return expel shall State Contracting “No states: to Convention also it.” The to return unwilling fear, is to or, such owing unable is events, of such aresult as residence habitual former of his country the outside being and a nationality or who, not having country; of that protection of the himself to avail unwilling fear, is to such or, owing unable is and nationality of his country the outside is opinion, or political group social of aparticular membership nationality, religion, of race, for reasons persecuted of being fear 34 33 32 31 30 29 28 claiming asylum inIsrael are“illegal work infiltrators” andnotgenuine refugees. and thePrimeMinister,have declaredthat theoverwhelming majority of those Israel. Onadaily basis,leading decision-makers, including theMinisterof Interior extremely hostile tothepossibility of non-Jewish asylum-seekers remainingin should benotedthat thecontext within which Israel’s RSD systemoperates is Beyond theideology guidingIsrael’s immigration policy mentioned above, it granted only four Eritrean citizens refugee status, out of acommunity of 34,000. Eritrean asylum-seekers have farednobetterthantheSudanese. To date, Israel has filed two years ago. Israel’s Policies toward Asylum-Seekers: 2002-2014 35 complementary protection. Eritreans worldwide received apositive response andanother15.8percent received Asylum Seekers”, cit. 2014 GlobalTrends-annex-tables.zip. the asylum-seekers askfor protection because spirits arehaunting them.” stipulated intheRefugee Convention. an objective dangertohis life,” thus settingamuch higher standardthanthat that arefugee isaperson “who waspersecuted inhiscountry andthat thereis For example, thechairof theintra-ministerial committee, Adv. Avi Himi, insisted The people inchargeof examiningRSD requests have internalized thisfaulty logic. status. does notconsider national service evadersor defectors tobedeservingof refugee Hundreds of asylum requests filed byEritreans have beenrejectedbecause Israel

UNHCR, UNHCR, UNHCR, UNHCR,

Eli Shani et al., No Haven Safe al., et Shani Eli Barak Ravid, “Netanyahu: Israel has no asylum seeker problem - only illegal job immigrants”, in in -only immigrants”, problem job illegal seeker no asylum has Israel “Netanyahu: Ravid, Barak Tomer Zarhin, “Advisor to Eli Yishai: 15% of the Asylum-Seekers Claim that They Are Are They that Claim Asylum-Seekers of the 15% Yishai: “Advisor to Eli Tomer Zarhin, Article 1 of the Refugee Convention states that a refugee is a person who “owing to who well-founded “owing aperson is a refugee that Convention states Refugee 1of the Article Data on Foreigners in Israel. Summary for Summary in Israel. on Foreigners Data (PIBA), Authority Border and Immigration Population, Eli Shani et al., No Haven Safe al., et Shani Eli (Hebrew), cit. Ilan Lior, “Israel has Granted Refugee Status to only Four Sudanese and Eritrean Eritrean and to only Four Sudanese Status Refugee Granted has Lior, “Israel Ilan cit. (Hebrew), 31 Bycomparison, in2013,67.3percent of refugee status claimsfiled by Global Trends 2013 Trends Global Global Trends 2013 Trends Global 28 Compared with Israel’s 0percent recognition rate of Sudanese , cit. , , Data Annex, Table 11, http://www.unhcr.org/globaltrends/2013- Table 11, Annex, , Data , cit., p. 31. p. , cit., , cit., p. 34. p. , cit., 32 34 He also madetheabsurdclaimthat “15%of 29 , 7 January 2014, http://www.israelhayom.co.il/ 2014, , 7January 35 30 33

11 IAI WORKING PAPERS 15 | 20 - MAY 2015 ISSN 2280-4341 | ISBN 978-88-98650-44-6 © 2015 IAI in +972 Magazine in November 2013, http://www.ynet.co.il/articles/0,7340,L-4450763,00.html. 2013, November news/2012/06/10/israel-amend-anti-infiltration-law. 36 education/1.1604904. release within ninetydays. 1,750 asylum-seekers weredetained underthelaw at thetime–andcomplete their court ordered thestate toimmediately beginreleasing all of thedetainees –about declaring that it disproportionately violated theright of “infiltrators” toliberty. The amendment. In September2013, theHigh Courtruled unanimously tovoid thelaw Israeli human rights NGOs filed apetition with the High Court of Justice againstthe the detaineestobeheldunderamendedlaw. to expandtheprisons holdingasylum-seekers soit would beable toaccommodate began jailing asylum-seekers underthislaw only inJune 2012because it firsthad detention for asylum-seekers from enemy states, such as Sudan. The government years imprisonment without trial for asylum-seekers from Eritrea andindefinite amendment tothePrevention of Infiltration Law. Theamendment mandated three an amendment until January 2012,when theIsraeli parliament approved thethird Successful lobbying byIsraeli human rights NGOs prevented thepassageof such administrative detention, that is,detention without trial or even anindictment. Prevention of Infiltration Law that would allow Israel toholdasylum-seekers in the Netanyahu government, attempted topushthrough anamendment tothe1954 From 2008,successive Israeli governments, firsttheOlmert government andthen rights NGOs andthecommunity affected bythelaw, theasylum-seekers. understanding the complex relations betweenpolicymakers, thejudiciary, human its detention policies. Thissection will also enable ustobroaden ourperspective by Infiltration Law aspart of our attempt tounderstandtheasylum system,including At thispoint it isimportant tofocus on thestruggle over the1954Prevention of 5. Thestruggle over the1954Prevention of Infiltration Law Israel’s Policies toward Asylum-Seekers: 2002-2014 38 37 of asylum-seekers who enter Israel afterthelaw cameinto effect and, for thefirst to release -incontravention of theHigh Courtruling -mandated thedetention The newlaw allowed Israel tocontinue detainingtheasylum-seekers it hadfailed of Infiltration Law. December 2014,when theKnessetpassed thefourth amendment tothePrevention some of thedetainees. be found tobeincontempt of court,theImmigration Authority beganreleasing seekers. After thepetitioners turnedtotheHigh Courtanddemandedthat thestate the High Court ruling and allow Israel to continue toindefinitely detain asylum- government beganadvancing alaw through theparliament that would bypass

Noam Sheizaf, “Israel’s High Court nixes law allowing detention of asylum seekers without trial”, trial”, without seekers detention of asylum allowing law nixes High Court “Israel’s Sheizaf, Noam Israel: Amend ‘Anti-Infiltration’ Israel: Watch, Rights Law Human Omri Ephraim, “The Infiltrators Are Still in Prison: ‘Work Extra Hours’” (Hebrew), in Ynet (Hebrew), Hours’” ‘WorkExtra Prison: in Still Are Infiltrators “The Ephraim, Omri , 16 September 2013, http://972mag.com/?p=78948. 2013, , 16 September 38 About 800asylum-seekers intotal were released before 10 37 Instead of releasing theasylum-seekers, however, the 36 , 10 June 2012, http://www.hrw.org/ , 10 June 2012, , 7 12 IAI WORKING PAPERS 15 | 20 - MAY 2015 ISSN 2280-4341 | ISBN 978-88-98650-44-6 © 2015 IAI country. Another stated goal of theselaws istoactively encourageasylum-seekers detention in Israel without being able to work, they will notattempt to enter the being that ifasylum-seekers know that theywill spendprolonged periods in The official purpose of all of these laws is to deter future “infiltrations,” the logic seekers will bereleased backinto Israeli society. Immigration Authority. Following thetwenty months of detention, theasylum- detention inHolot when theycametorenewtheirconditional release permit at the seekers who entered Israel more thanfive years ago andwere ordered toreport to High Court of Justice High Court MigRefLaw +972 Magazine 39 Israel while detained. in thefacility, participate inone daily roll call andareforbidden from working in facility for twenty months of detention. According tothenewlaw theyhave tosleep of detention inSaharonim prison, theasylum-seekers aretransferred totheHolot to cross theborder fence with Egypt afterthelaw cameinto effect. After thisperiod three months imprisonment without trial for the few asylum-seekers who managed 17 December2014.Thisamendment tothePrevention of Infiltration Law mandates The government usedtheninetydays topassanewlaw, which cameinto force on to shut down Holot andrelease its detainees. failed tobepassedwithin ninetydays thegovernment would have beencompelled standards stipulated in Israel’s Basic Law: Human Dignity andLiberty. If anewlaw gave thestate ninetydays todraftamodified version of thelaw that would meetthe in Israel’s history that theHigh Courtvoided thesamelaw twice. TheHigh Court to liberty, autonomy andfreedom of movement. Significantly, it wasthefirsttime the law on thegrounds that it disproportionately violated theright of “infiltrators” In September 2014, Israeli human rights NGOs persuaded the High Court to void introduced toprevent themfrom venturing toofarfrom thefacility. are freetoleave during theday, arerequiredtotake partinthreedaily roll calls, Services. Thedetainees inthefacility arenotallowed towork and,though they Saharonim prison, neartheborder with Egypt, isoperated bytheIsraeli Prison open detention facility, Holot. Thisnewfacility, constructed across theroad from visa, theycould beordered toreport toindefinite detention inthenewsemi- seekers who lived insideIsrael: when theycametorenewtheirconditional release they “agree”tobedeported totheircountry of origin. The law also affected asylum- be transferred toasemi-open detention camp andheldthereindefinitely or until for ayear inSaharonim prison. Following thisperiod of detention, theywereto the newlaw, asylum-seekers who entered Israel weretobedetainedwithout trial time, affected asylum-seekers who entered Israel intheprecedingdecades. Under Israel’s Policies toward Asylum-Seekers: 2002-2014 41 40

Anti Infiltration Law 3.0: Continuing3.0: Law Infiltration Anti (ACRI), the to Ignore Israel in Rights for Civil Association Elizabeth Tsurkov, “Knesset Passes Revised Law for Detention of African Asylum Seekers”, in in Seekers”, Asylum for of African Detention Law Revised Passes Tsurkov, “Knesset Elizabeth Reuven Ziegler, “The Israeli Supreme Court’s Decision on Detention of Asylum Seekers”, in in Seekers”, of Asylum on Detention Decision Supreme Court’s Israeli Ziegler,Reuven “The blog, 29 September 2014, http://wp.me/p3yZb7-8p. , 10 December 2013, http://972mag.com/?p=83395. 2013, , 10 December , 19 December 2014, http://www.acri.org.il/en/?p=8828. 2014, December , 19 41 Most of thepeople currently held underthislaw areasylum- 40 39 13 IAI WORKING PAPERS 15 | 20 - MAY 2015 ISSN 2280-4341 | ISBN 978-88-98650-44-6 © 2015 IAI exchange for aidfrom Israel. two African countries that have agreedtoreceive “infiltrators” from Israel in moved toEurope andNorth America, andabout 1,000toRwanda andUganda, since 2013.Most have returnedtotheirhomelands, while several hundred have Due totheabove-mentioned measures,over 9,000asylum-seekers have left Israel “agreeing” toleave Israel. has resorted toinstituting abusive detention laws topressureasylum-seekers into deport Sudanese andEritreans backtotheirhomelands. Instead, thegovernment remaining inIsrael andled toawidespreadsenseof desperation among them. These measuresalso provoked acts of peaceful resistanceamong asylum-seekers with adequate conditions tolive, nor do theygrant themasylum-seekers’ status. ending destitution mainly because bothUganda andRwanda do notprovide them their lives byleaving Israel, but also sentenced themtoavicious cycle of never- interviewees themeasuresimplemented byIsrael compelled themnotonly torisk Eritreans and Sudanese who left Israel for Uganda and Rwanda. According to the was recently confirmed by one of the authors who hasrecently interviewed Sudanese Asylum Seekers to Leave Israel to Leave Seekers Asylum Sudanese against African Asylum-Seekers in Israel, January-June in 2012 Israel, Asylum-Seekers African against seekers who have “voluntarily” gone toUganda, Rwanda andSudan. Migrants focused on theextremely difficult living conditions facedbyasylum- 43 42 in hate crimesagainstAfricans inIsrael since2012. a “demographic threat” andworse. This incitement hasled to asignificant increase inciting feelings againstasylum-seekers, labelling themas“infiltrators,” “criminals,” former Minister of Interior EliYishai, who hasmade many vitriolic, raciststatements as MKMiriRegev, who referred toasylum-seekers as“acancerinourbody,” and these tensions have beenexploited byelected Israeli officials andministers, such impoverished andneglected areashasresulted intension andviolence. In turn, Sha’anan neighbourhoods. Naturally, thehigher concentration of people inthese the rundown districts of south Tel Aviv, specifically the Shapira, Hatikva and Neve to live only inthepoorest neighbourhoods. Hence, about 30,000of themresidein the vastmajority of themearntheminimum wageor even lower, theycanafford Most African asylum-seekers live inandaround Tel Aviv, Israel’s largestcity. Since hopelessness andstruggle 6. Asylum-seekers’ perceptions of Israel’s policies: between to leave Israel “voluntarily.” Israel’s Policies toward Asylum-Seekers: 2002-2014 45 44 (Hebrew), January 2014, http://bit.ly/PK0Uzm. 2014, January (Hebrew), for 2013 Summary in Israel. on Foreigners Data (PIBA), Authority Border and Immigration http://hotline.org.il/?p=2742; Population, 2015, April for Asylum-seekers Procedure Return”

Where there is No Free Will. Israel’s “Voluntary “Voluntary Israel’s Will. No thereFree is Where Avigal, Nimrod Sigal Rozen, Avraham, Drori Adi Elizabeth Tzurkov, and Hate Incitement, Crimes Discrimination Racial On in Body”. Our “Cancer Make Their Lives Miserable: Israel’s Coercion of Eritrean and of Eritrean Coercion Miserable: Lives Israel’s Watch, Rights Make Their Human Ibid.; Where there is No Free Will No thereFree is Where Avigal, Nimrod Sigal Rozen, Avraham, Drori Adi 42 Officially, Israel follows UNrecommendations tonot 43 In its recent report, theHotline for Refugees and , Tel Aviv, Hotline for Refugees and Migrants and ASSAF, ASSAF, and , Tel Aviv, Migrants and for Hotline Refugees , 9 September 2014, http://www.hrw.org/node/128687. 2014, , 9September , Tel Aviv, and for Hotline Refugees 45 , cit. , 44 Thisdata 14 IAI WORKING PAPERS 15 | 20 - MAY 2015 ISSN 2280-4341 | ISBN 978-88-98650-44-6 © 2015 IAI demonstrators. asylum seekers wereinitiated andled byIsraelis, many of which drewseveral hundred Between 2007and2013,several protest campaigns againstIsraeli policies towards rights theyenjoy inIsrael andlead totheirforcible expulsion. some worry that having theirrequest rejectedwill deprive themof even thefew because theybelieve theyhave nochanceof receiving refugee status inIsrael and 47 46 http://hotline.org.il/?p=1750. July 2012, Migrants, Eritrean nationals tofile individual asylum claims, only 5,573didso. system. Since 2013,when the Israeli government beganallowing Sudanese and abysmally low recognition rates, asylum-seekers have lost faith in Israel’s asylum Due tothehostility of theMinistryof Interior towards asylum-seekers andthe origin, or resettlement inUganda or Rwanda. the matter –it waseither prolonged detention inIsrael, returntotheircountry of scheme support thisassertion: theyrepeatedly state that theyhadnochoice in departures.” The testimonies of those who have left or “agreed” to leave under this emigration of about 9,000asylum-seekers inthepastthreeyears as“voluntary of Israeli policy, asylum-seekers rejectIsrael’s official characterization ofthe all asylum-seekers from Israel. Believing their expulsion to be the ultimate goal and therefore that nothingcanstop themfrom achieving theirgoal –expelling asylum-seekers isthat theracistpoliticians control everything inthecountry outright distrust,of Israel’s democratic institutions. Acommon perception among of the Prevention of Infiltration Law, there is a growing sense of wariness, if not Following theabrogation of two laws andthepassingof threedifferent version in detention iftheHigh Courthasvoided thelaws mandating theirdetention. and civil society organizations. Many are unable to understand why they are kept in Israel –theHigh Court,theKnesset,Ministryof Interior, thegovernment, who struggle to understand the dynamics between thedifferent centres of power The constant changesinlaws andregulations confuse many asylum-seekers, overall pattern or policy. random abusetheyendure at thehandsof theMinistryof Interior tobepartof an abiding country andthus perceive thesechangesinpolicy andthesometimes Ministry of Interior. Many asylum-seekers expectIsrael tobeanorderly andlaw- over theyears due tolegislation, legal battles andrandom decisions madebythe demonstrated inthisarticle, theIsraeli policy toward asylum-seekers hadchanged deal of anxiety, desperation andanoverall senseof hopelessness. As hasbeen Conversations andinterviews with asylum-seekers inIsrael reveal agreat Israel’s Policies toward Asylum-Seekers: 2002-2014 48 aspx?pageid=7&articleid=124814. Post Jerusalem The in refugees”, as recognition want “Eritreans Eglash, Ruth See policies. Israeli against protest apeaceful led masks while with Seekers”, cit.

Ilan Lior, “Israel has Granted Refugee Status to only Four Sudanese and Eritrean Asylum Asylum Eritrean and to only Four Sudanese Status Refugee Granted has Lior, “Israel Ilan Where there is No Free Will No thereFree is Where Avigal, Nimrod Sigal Rozen, Avraham, Drori Adi The only exception was the Eritrean demonstration held in 2008 when hundreds of Eritrean of Eritrean when hundreds 2008 in held demonstration Eritrean the only was exception The 48 However, with the growing pressurebytheIsraeli government, , 16 December 2008, http://www.jpost.com/page. 2008, , 16 December 46 , cit. , 47 Thisis 15 IAI WORKING PAPERS 15 | 20 - MAY 2015 ISSN 2280-4341 | ISBN 978-88-98650-44-6 © 2015 IAI almost three weeks. punitive imprisonment, themarchers launched anotherhunger strike that lasted in Saharonim aspunishment, themaximum allowed underthelaw. Duringtheir marchers weresentenced bytheMinistryof Interior tothreemonths’ incarceration Magazine January 2014, http://hotline.org.il/?p=1307. 2014, January Now Days for 11 Continue to Asylum-Seekers Strike in 50 the About Saharonim; Hunger Strike (Hebrew), 9 January 2014, http://hotline.org.il/?p=652. 2014, January 9 their (Hebrew), Detention to Protest Marched who Protest 51 50 49 medical treatment after their arrest. facility andresorted tosuch extremeviolence that several of themarchers required Immigration Authority inspectors endedthemarch afew kilometres from the detainees, most of themEritreans, embarked on asecond March for Freedom. On 19December19,two days afterthemarch hadended,anothergroup of Holot without trial, anactof protest that becameknown astheMarch for Freedom. then decidedtomarch toJerusalem toprotest againsttheirprolonged detention In response, about 150 Sudanese asylum-seekers launched a hunger strike and across theroad, where theyweretobeheldindefinitely. and transferred from Saharonim tothenewly constructed Holot detention facility the High Courtruling from September2013.Instead, theywereloaded onto buses detained underthevoided thirdamendment weretoldtheywould bereleased after fourth amendment tothePrevention of Infiltration Law, asylum-seekers who were asylum-seekers took thelead. In December2013,afterthe government passedthe Israel’s Policies toward Asylum-Seekers: 2002-2014 52 protest, heldinRabin Squareincentral Tel Aviv on 5January 2014,wasattended day strike during which mostasylum-seekers inIsrael stopped working. Thelargest protests heldinTel Aviv, Eilat, theKnessetandHolot facility, andheldathree- asylum-seekers residinginIsraeli cities. Thousandsof asylum-seekers took partin seekers inside Israel toindefinite detention sparked aprotest movement among The marches of asylum-seekers detained in Holot and the summoning of asylum- the previous (voided) amendment, also applied toasylum-seekers residinginIsrael. As mentioned, the fourth amendment to the Prevention of Infiltration Law, unlike after which theyweretransferred backtoHolot. punished inthesamefashion asthefirstprotestors: threemonths inSaharonim, arrested the peaceful protestors who participated in the march. ended infront of theKnesset,where Immigration Authority inspectors beat and the protest remained inthehandsof theSudanese. On17December,themarch their way toJerusalem dozens of Israeli supporters joined, yet theleadership of , 16 December 2013, http://www.haaretz.com/news/israel/.premium-1.563811. 2013, , 16 December Haaretz

Israeli Prison Service Adopts Severe Measures to Crush to Crush Measures Severe Adopts Service Prison Israeli Migrants, and forHotline Refugees Voices from Prison: Refugees Explain Why the Decided to the Decided Why Explain Refugees Prison: Voices from Migrants, and forHotline Refugees +972 +972 to in J’lem”, Marched Prison”, “Open Left Who Seekers Asylum Arrest “Police Matar, Haggai Daniel Baltman, “After Fleeing Detention, African Migrants March toward Jerusalem”, in Jerusalem”, in toward March Migrants African Detention, “After Fleeing Baltman, Daniel Extreme Violence Used against Asylum-Seekers Asylum-Seekers against Used Violence Extreme http://hotline.org.il/?p=1298; 2014, , 2March , 17 December 2013, http://972mag.com/?p=83866. 2013, , 17 December 51 52 In the end, the Eritrean marchers were 50 The Sudanese , 16 49 On 16 IAI WORKING PAPERS 15 | 20 - MAY 2015 ISSN 2280-4341 | ISBN 978-88-98650-44-6 © 2015 IAI Saharonim Prison Saharonim the detainedasylum-seekers toSaharonim prison. Services attempted toendthestrike andprotests bytransferring theleadership of inside andoutside of detention. Israel, giving way to a general mood of hopelessness in the refugee community 54 53 with thecentral norms of Israel’s citizenship andimmigration process. that, although it waserectedinanon-systematic chaotic manner,it wasconsistent 60,000 in2012.It focused on Israel’s newly developed asylum system andargued increased dramatically from amerehandful at thebeginningof thecentury toover from 2002to2014,aperiod during which thenumber of asylum-seekers inIsrael This short article hastracedandanalysed Israel’s policies towards asylum-seekers Conclusion by about 30,000asylum-seekers. Israel’s Policies toward Asylum-Seekers: 2002-2014 56 55 obligated toattend and demandedtobereleased from detention. detainees. Thedetaineesstopped takingpartinthethreedaily roll calls theywere detention conditions andfurtherrestrictions placedon thefreedom of the In June 2014,protests wererenewedinHolot following deterioration inthe movement outside of detention wereordered toreport for detention inHolot. began todecreaseinfrequency andsize.At thesametime, theleaders of protest change didnotmaterialize. Discouragedbythelackof positive results, theprotests seekers expectedtheIsraeli government policy towards themtochange,but this protest. the marchers tothreeor six-month detention inprison for participating inthe the hurried legal proceedings that followed, Ministryof Interior clerks sentenced the asylum-seekers at theprotest camp andtransferring thembacktoprison. In Police Special Forces once againresorted toexcessive force, aggressively detaining stopped. After two days at theencampment, Immigration Authority inspectors and asylum-seekers thensetup aprotest camp nearthelocation where theyhadbeen Israeli soldiers prevented themarchers from reachingtheEgyptian border andthe Egypt, demandingthat theinternational community intervene andhelp them. asylum-seekers walked out of theHolot facility andmarched totheborder with Magazine Protest: “We Demand Our Freedom” Our Demand “We Protest: Refugees and Migrants, June 2014, http://hotline.org.il/?p=1649. 2014, June Migrants, and Refugees

+972 Rights”, +972 for in Their Strike Seekers Asylum “A Photos: African Week in Activestills, Leaders of the Refugee Protest at Holot Transferred to at Holot Transferred Protest of the Refugee Leaders Migrants, and forHotline Refugees Elizabeth Tsurkov, to Holot Facility Another”. Detention Prison One “From Asylum Seekers at Holot Detention Center Launched a New aNew at Holot Center Launched Detention Seekers Asylum Migrants, and forHotline Refugees 56 , 10 January 2014, http://972mag.com/?p=85344. 2014, , 10 January As of thiswriting, thiswas thelastprotest held byasylum-seekers in , 24 June 2014, http://hotline.org.il/?p=1781. 2014, June 24 , , 16 June 2014, http://hotline.org.il/?p=1783. 2014, 16, June 53 After thiswave of largeprotests, many asylum- 55 On27June 2014, about 750 , Tel Aviv, for Hotline 54 TheIsraeli Prison 17 IAI WORKING PAPERS 15 | 20 - MAY 2015 ISSN 2280-4341 | ISBN 978-88-98650-44-6 © 2015 IAI hunger strikes have failed, leaving asylum-seekers desperate anddespondent. asylum-seekers tochangethepolicy through massprotests, work strikes and that helped to achieve its goal of riddingIsrael of asylum-seekers. Attempts by managed tocircumvent therulings andsuccessfully pushedthrough measures without trial for asylum-seekers. Over andover again,theIsraeli government asylum-seekers towork andstruck down laws mandating prolonged detention this policy, intheform of repeated High Courtrulings that forced thestate toallow governments faced obstacles in implementing the most draconian components of refugees who reach,enter andremaininthecountry will beaslow aspossible. Israeli Israel. Theaimof all thesepolicies istoensurethat thenumber of non-Jewish changing policies, detention andpractices intended tocoerce theminto leaving Moreover, it wasargued that asylum-seekers inIsrael have beensubjected tooften- Israel’s Policies toward Asylum-Seekers: 2002-2014 Updated 31May 2015 18 IAI WORKING PAPERS 15 | 20 - MAY 2015 ISSN 2280-4341 | ISBN 978-88-98650-44-6 © 2015 IAI Latest IAIWORKING PAPERS Israel’s Policies toward Asylum-Seekers: 2002-2014 www.iai.it [email protected] F +39 T +39 Via Angelo Brunetti, 9-I-00186 Rome, Italy and otherpapers’ series related toIAIresearch projects. (AffarInternazionali), two series of research papers (QuaderniIAIand Research Papers) publishes anEnglish-language quarterly (TheInternational Spectator), anonline webzine and theMiddle East;defence economy andpolicy; andtransatlantic relations. TheIAI in the global economy and internationalisation processes in Italy; the Mediterranean research sectors are:European institutions andpolicies; Italian foreign policy; trends and abroad andisamemberof various international networks. More specifically, themain that end,it cooperates with otherresearch institutes, universities andfoundations inItaly and disseminate knowledge through research studies, conferences andpublications. To economy andinternational security. Anon-profit organisation, theIAIaimstofurther Founded byAltiero Spinelli in1965,does research inthefields of foreign policy, political Istituto Affari Internazionali (IAI) 15 |12 15 |13 15 |14 15 | 15 |16 15 |17 15 |18 15 |19 15 |20 15 |11 06 3224360 06 3224363 Disarmament Regimes Riccardo Alcaro, Reviewing theNon-Proliferation and Civilisation within theUkrainian Armed Forces Rosaria Puglisi, General Zhukov and theCyborgs: AClashof Negotiations: AValue Chain Approach Alessandro Giovannini andUmberto Marengo, Boosting TTIP and theAmbiguities of European Neighbourhood Policy Southern and EasternEuropean Borders: “Double Standards” Sabrina Marchetti andRuba Salih, Gender and Mobility across Asylum-Seekers: 2002-2014 Galia SabarandElizabethTsurkov, Israel’s Policies toward Institutionalizing the “Balanced Foreign Policy” Doctrine Jason E. Strakes, Azerbaijan and theNon-Aligned Movement: Union and Nation-States Ole Frahm, Actors of Accountability in Africa: ICC, African European Unemployment Insurance Daniele Fattibene, Creating aUnion with a“Human Face”: A Mediterranean Challenge Mattia Toaldo, Migrations Through and From Libya: A Local Integration Challenges and Global Discourses Anna Triandafyllidou, European Muslims: Caught between