DOCSLIB.ORG

At the Supreme Court Sitting As a High Court of Justice HCJ 7146/12 MAA 1192/13 AAP 1247/13

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
At the Supreme Court Sitting As a High Court of Justice HCJ 7146/12 MAA 1192/13 AAP 1247/13 Unofficial translation At the Supreme Court Sitting as a High Court of Justice HCJ 7146/12 MAA 1192/13 AAP 1247/13 Before: President A. Grunis Deputy President M. Naor Justice E. Arbel Justice S. Joubran Justice E. Hayut Justice Y. Danziger Justice N. Hendel Justice U. Vogelman Justice Y. Amit The Petitioners in HCJ 7146/12: 1. Naget Serg Adam 2. Zamzam Bosra Ahmad 3. Abraham Masgana 4. Gebremariam Mehri 5. Amsalat Negossa Tekela 6. ASSAF Aid Organization for Refugees and Asylum Seekers in Israel 7. Hotline for Migrant Workers 8. Association for Civil Rights in Israel 9. Kav LaOved 10. African Refugee Development Center The Applicants in MAA 1192/13: 1. John Doe 2. Jane Doe The Appellants in AAP 1247/13: 1. Ta’ami (Tabi) Tahanges 2. Jane Doe 3. John Doe Applicant to join as amicus curiae in HCJ 7146/12: UN High Commissioner for Refugees Applicant to join as amicus curiae in HCJ 7146/12: Kohelet Policy Forum Versus The Respondents in HCJ 7146/12: 1. The Knesset 2. The Minister of the Interior 3. The Minister of Defense 4. The Attorney General 2 The Respondents in MAA 1192/13: 1. The Ministry of the Interior 2. Jane Doe 3. John Doe 4. John Doe 5. John Doe 6. Jane Doe The Respondents in AAP 1247/13: The Ministry of the Interior Applicant to join as amicus curiae in HCJ 7146/12: Fence for Life Movement Applicants to join as respondents in HCJ 7146/12: Corinne Galili and 17 Others HCJ 7146/12: Petition to grant an Order Nisi MAA 1192/13: Application for permission to appeal the ruling of Beersheva District Court dated January 17, 2013 in Adm. App. 21001-10-12, Adm. App. 21060-10-12, Adm. App. 21097-10-12; Adm. App. 42469-10-12; and Adm. App. 42465-10-12 granted by President Y. Alon AAP 1247/13: Appeal against the ruling of Beersheva District Court dated January 17, 2013 in Adm. Pet. 21001-10-12 and Adm. Pet. 21097019012 granted by President Y. Alon Session Date: 24 Sivan 5773 (June 2, 2013) For the Petitioners Atty. Yonatan Berman; Atty. Anat Ben-Dor; in HCH 7146/12: Atty. Oded Feller; Atty. Asaf Weitzen For the Applicants Atty. Yonatan Berman; Atty. Omer Shatz; in MAA 1192/13: Atty. Yiftah Cohen For the Appellants in Atty. Tomer Warsaw; Atty. Orit Ronen; AAP 1247/13 and Respondents Atty. Yael Rothschild 2-6 in MAA 1192/13: For the applicant to join as amicus Ms. Walpurga Engelbrecht, Representative of the UN curiae in HCJ 7146/12: High Commissioner for Refugees in Tel Aviv For the applicant to join as amicus Atty. Ariel Erlich; Dr. Aviad Bakshi curiae in HCJ 7146/12: For Respondent 1 Atty. Dr. Gur Blei in HCJ 7146/12: For Respondents 2-4 in HCJ 7146/12, Atty. Yochi Gnessin; Atty. Michal Michlin- 2 3 Respondent 1 in MAA 1192/13 Friedlander; Atty. Ran Rosenberg; Atty. Moriah and the Respondent in AAP 1247/13: Freeman For the applicant to join as a Atty. Amir Avni; Atty. Ofer Hanoch; respondent in HCJ 7146/12: Atty. Uri Harel For the Concord Center: Atty. Prof. Frances Raday Ruling Justice E. Arbel: The central issue placed before us is the question of the constitutionality of the Prevention of Infiltration Law (Offenses and Jurisdiction) (Amendment No. 3 and Temporary Provision), 5772-2012 (hereinafter: the Amendment), enacted by way of the amendment of the Prevention of Infiltration Law, 5714-1954 (hereinafter: the Law or the Prevention of Infiltration Law). The Amendment enables infiltrators against whom a deportation order has been issued by the minister of justice to be held in custody for a period of three years. 1. We have before us three cases whose hearing has been consolidated. The first and central of these is a constitutional petition (HCJ 7146/12) directly attacking the constitutionality of the Amendment. Alongside this, an appeal (AAP 7146/12) and a motion for permission to appeal (MAA 1192/13) were filed, both of which attack a ruling granted by the Court of Administrative Affairs, and which also raises the question of the constitutionality of the Amendment. The matter before us focuses on the Amendment to the Prevention of Infiltration Law, implementation of which has already begun. I shall, of course, discuss the details of the Amendment to the Law below; however, I shall note at this early juncture that the essence of the Amendment relates to the possibility of holding infiltrators against whom the minister of defense has issued a deportation order in custody for a period of three years. An infiltrator is defined in the Amendment (article 1 of the Prevention of Infiltration Law) as a person who is not a resident and who entered Israel otherwise than through a border post established by the minister of the interior in accordance with the Entry to Israel Law, 5712-1952 (hereinafter: the Entry to Israel Law). However, the Amendment 3 4 specifies instances in which the infiltrator is to be released on various grounds prior to the expiry of the above-mentioned period. The Amendment also establishes a series of arrangements relating to these provisions, including conditions of holding in custody, the appointment of a tribunal for the review of custody of infiltrators and the authorities of the tribunal, judicial review, etc. Background Review 2. Migration of humans for various reasons is a global phenomenon that has grown consistently over recent decades. The State of Israel has not been excluded from the global map of migration. Millions of men and women “wander from their countries seeking employment and personal and economic security” (see HCJ 4542/02 Kav LaOved Association v. Government of Israel, Piskei Din 61(1) 374, para. 23 of Justice Levy’s ruling and the references therein (2006) (hereinafter: Kav LaOved I)). Accordingly, the State of Israel has in recent years addressed difficult issues and dilemmas concerning the state’s migration policy and the manner in which it processes and treats legal and illegal migration. The various issues to be resolved differ from each other and raise distinct problems and diverse dilemmas. Thus substantive issues have been raised regarding application for family unification in Israel; the issue of foreign workers; asylum seekers and refugees. Most of the issues raise confrontations between national and public interests and the rights of the various migrants, including questions concerning the human rights, dignity and liberty of migrants and, conversely, questions of injury to citizens, the impact on the employment of local workers, and so forth. Balancing the interests and values placed on the scales is not easy and raises extremely difficult questions facing those engaged in this task. Any solution entails some injury to one of the interests or the conflicting rights. 3. This case relates to what the state terms “infiltrators,” and we shall also use this term in accordance with the definition in the Law. Infiltrators, then are persons who entered Israel as stated unlawfully and otherwise than through a regulated border post (see also the definition of infiltrator in article 1 of the Prevention of Infiltration Law). Such persons are to be distinguished from persons who entered Israel lawfully 4 5 through a border post, whether as tourists or as foreign workers, but who remained in the country unlawfully while violating the terms of the visa they had been granted. Most of the infiltrators arrived via the State of Israel’s border with Egypt, a border with a length of some 220 km, and which until recently was open, but is now blocked by a fence recently constructed along its length. The phenomenon of the infiltrators, which has expanded in the State of Israel, influences various areas of national life. There is a significant influence on internal security and public wellbeing. A profound change has been created in the fabric of life in the urban domain, alongside ramifications for the economy and industry. 4. According to figures of the Population and Immigration Authority, a cumulative total of some 54,500 infiltrators entered Israel through the end of 2011. The most updated figures, as of May 1, 2013, refer to 64,649 infiltrators who entered Israeli cumulatively, of whom 54,580 are present in Israel as of this date (see Israel Population and Immigration Authority – Annual Report, Freedom of Information Law, 2012, available at: http://www.piba.gov.il/PublicationAndTenderPages/ FreedomOfInformation.aspx; Statistics on Foreigners in Israel, Population and Immigration Authority, May 2013, available at: http://www.piba.gov.il/publicationandtender/foreignworkersstat/pages/default.aspx). 5. The breakdown of the statistics by years indicates a changing trend regarding the phenomenon of infiltration to Israel. In 2009 5,285 infiltrators entered Israel. In 2010 14,709 infiltrators entered via the border with Egypt. In 2011 17,258 infiltrators entered – an average of approximately 1,400 per month. However 2012 marked a turning point and the trend was reversed. In this year 10,412 infiltrators entered Israel, an average of approximately 870 a month. In 2013 the monthly number of infiltrators dropped dramatically. In January, 10 infiltrators were located on the border; in February, five; in March, three; and in April just 10 people were located on the border. The significance and reasons for this significant change in the trend are the subject of disagreement between the sides, as I shall discuss below. 6. The statistics further show that the vast majority of the infiltrators originate from Eritrea and Sudan. According to the latest statistics of the Population Authority, 5 6 66 percent of the infiltrators currently present in Israel come from Eritrea, 25 percent from Sudan, and the remainder from various countries.
Load more

Recommended publications
  • TUC 2016 Delegation to Palestine and Israel
    TUC solidarity: Palestine & Israel General Council delegation report January-February 2016 TUC 2016 delegation to Palestine and Israel A TUC delegation to Palestine and Israel took place in 2016. When Congress originally called on the General Council to send such a delegation, it had been hoped that it could visit Gaza to identify what the TUC could do to help lift the blockade. The positions of the Israeli and UK governments made it impossible to arrange such a delegation, so plans were put in place to visit Palestine and Israel instead. The delegation took place from 31 January and 3 February 2016, consisting of Paul Nowak (Deputy General Secretary TUC), Sally Hunt (General Council Spokesperson on International Relations), Christine Blower, Hugh Lanning (Chair of the Palestinian Solidarity Campaign) and Sean Bamford (Policy Officer TUC). The delegation met with the Palestine General Federation of Trade Unions (PGFTU) in Nablus, the Palestinian Authority Deputy Minister of Labour, the Governor of Nablus, UNOCHA, the British Deputy Consul-General in Jerusalem, the PPSWU in Hebron, the Mayor of Bethlehem (and a visit to a refugee camp), Defence for Children International – Palestine, representatives of APHEDA and Ma’an, Histadrut and Kav LaOved (names and acronyms are explained in text below). On the morning of 1 February the delegation was due to meet the Palestinian Prime Minister, Mr Rami Hamdallah, in Ramallah where the Palestinian Authority is based. Earlier that day at a check point outside Ramallah a Palestinian policeman shot and injured three Israeli soldiers and was himself shot dead. Understandably, Mr Hamdallah had to pull out of the meeting with the TUC delegation.
    [Show full text]
  • Emblem of the State of Israel]
    Unofficial translation [Emblem of the State of Israel] In the Supreme Court Sitting as High Court of Justice HCJ 2293/17 Before: Honorable President E. Chayut Honorable Vice President H. Meltzer Honorable Judge N. Hendel Honorable Judge U. Vogelman Honorable Judge Y. Amit Honorable Judge N. Solberg Honorable Judge G. Kara The Petitioners: 1. Esther Segai Gersagher 2. Zaga Kibrum Mahrtav 3. Salomon Kasa 4. Samson Maspan 5. Ibrahim Yossef Mohammad Ahmad 6. Yohanes Fresney 7. Yakob Jamal 8. Kav Laoved 9. ASSAF - Aid Organization for Refugees and Asylum Seekers in Israel 10. The Hotline for Refugees and Migrants 11. Association for Civil Rights in Israel 12. ARDC – African Refugee Development Center 13. Physicians for Human Rights–Israel 14. Israeli Restaurants Association -Versus- The Respondents: 1. Knesset 2. Minister of Interior 3. Minister of Finance 4. Minister of Labor, Social Affairs and Social Services 5. Bank Mizrahi-Tefahot Bank 6. Eitan – Israeli Immigration Policy 1 7-42. Sinoni Ayala and 35 others Parties requesting to join as 1. Israel Women's Network amici curiae: 2. IATCH-MAACHI Women Lawyers for Social Justice 3. Achoti (Sister) - for Women in Israel 4. The Center for Eritrean Women in Israel 5. UNITAF 6. Women's Spirit: Financial Independence - for Women Victims of Violence 7. ADVA Center 8. Economic Empowerment for Women 9. Her Academy: School for women returning to the employment market 10. Arous Elbahar Association for Women in Jaffa 11. No'am - Association for Arab Women Center Objection to making the order nisi a decree absolute Dates of sessions: 3 Av 5777 (26.7.2017) 17 Kislev 5778 (5.12.2017) 12 Av 5778 (24.7.2018) 2 Iyar 5779 (7.5.2019) On behalf of Petitioners 1-13: Adv.
    [Show full text]
  • Violations of the Right to Medical Care for Palestinian Workers Employed in Israel
    Violations of the Right to Medical Care for Palestinian Workers Employed in Israel Research and writing: Noga Kadman Translated by: Nadav Amir Edited by: Chris Whitman Violations of the Right to Medical Care for Palestinian Workers Employed in Israel Research and writing: Noga Kadman Translated by: Nadav Amir Edited by: Chris Whitman “This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of Kav LaOved and can in no way be taken to reflect the views of the European Union.” Photo credit: Hanna Zohar (cover), Activestills (back cover) All rights reserved KavLaOved ©2105 2 Contents Introduction 4 Background 5 Data and Developments 5 Denial of Rights and Pay 7 Lack of Health Insurance in Israel 10 Sick Leave Payment Collected but not Given to Workers 13 Workplace Accidents 14 Background and Data 14 Evacuation of Injured Palestinian Workers to Hospitals 18 Recognition of Workplace Accidents and Receipt of Injury Benefit 19 Medical Attention and Covering Costs Following the Accident 22 Recognition of Disability and Provision of a Disability Benefit 24 Denial of General Disability Benefits 25 The Equalization Surcharge – Collected but not Implemented 27 Occupational Health 30 Conclusions and Recommendations 32 3 Introduction The number of Palestinian workers employed in Israel has doubled in recent years, and is now estimated at around 100,000. Palestinian workers employed in Israel are not eligible for the health insurance in Israel, except in regards to work accidents (but at lesser conditions than those of Israeli and foreign workers). This is the case despite most of them have work permits, and despite the fact that payments for national insurance and health coverage are deducted from their salaries every month.
    [Show full text]
  • To Securely Donate Via "Israel Gives"
    View On Web Here’s what’s on the agenda for today’s monthly update. KavLaOved’s survey shows that the majority of Thai agriculture workers in Israel receive less than the legal minimum wage. Jean Trapal, a caregiver, tearfully describes the caregiving job in first­person. Our new training series in workers’ rights for Palestinians women took off last month. The training is part of a larger project funded by the European Union called “Dignity at Work.” The Majority of Thai Workers Receive Less than the Legal Minimum Wage – Law Enforcement is Nowhere to be Found. KavLaOved’s survey among Thai agriculture workers yielded some very alarming results. Eighty­three percent of respondents reported that they do not get minimum wage and 48% reported that they have to work seven days a week. Ninety percent of respondents stated that when they approached the agency tasked with assisting them in addressing labor rights violations and asked for assistance in addressing these illegal work conditions, no help was provided. As the survey shows, employers in the agriculture sector suffer almost zero legal consequences for their large­scale labor law violations. The Population and Immigration Authority (PIBA) reports an ongoing decrease in official investigations regarding agricultural workers’ rights. Our monitoring efforts confirm this—we see fewer and fewer financial sanctions being imposed on exploitative employers. For instance, according to the Ministry of Labor, Social Affairs and Social Services, in 2019 only two employers in the agriculture sector were sanctioned due to workers’ rights violations. Click here for the full report (Hebrew). Jean Trapal, a caregiver, provides a window into the life of a caregiver.
    [Show full text]
  • Israel 2020 Human Rights Report
    ISRAEL 2020 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY Israel is a multiparty parliamentary democracy. Although it has no constitution, its parliament, the unicameral 120-member Knesset, has enacted a series of “Basic Laws” that enumerate fundamental rights. Certain fundamental laws, orders, and regulations legally depend on the existence of a “state of emergency,” which has been in effect since 1948. Under the Basic Laws, the Knesset has the power to dissolve itself and mandate elections. On March 2, Israel held its third general election within a year, which resulted in a coalition government. On December 23, following the government’s failure to pass a budget, the Knesset dissolved itself, which paved the way for new elections scheduled for March 23, 2021. Under the authority of the prime minister, the Israeli Security Agency combats terrorism and espionage in Israel, 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 Israeli Defense Forces are responsible for external security but also have some domestic security responsibilities and report to the Ministry of Defense. Israeli Security Agency forces operating in the West Bank fall under the Israeli Defense Forces for operations and operational debriefing. Civilian authorities maintained effective control over the security services. The Israeli military and civilian justice systems have on occasion found members of the security forces to have committed abuses. Significant human
    [Show full text]
  • B'tselem Report: Dispossession & Exploitation: Israel's Policy in the Jordan Valley & Northern Dead Sea, May
    Dispossession & Exploitation Israel's policy in the Jordan Valley & northern Dead Sea May 2011 Researched and written by Eyal Hareuveni Edited by Yael Stein Data coordination by Atef Abu a-Rub, Wassim Ghantous, Tamar Gonen, Iyad Hadad, Kareem Jubran, Noam Raz Geographic data processing by Shai Efrati B'Tselem thanks Salwa Alinat, Kav LaOved’s former coordinator of Palestinian fieldworkers in the settlements, Daphna Banai, of Machsom Watch, Hagit Ofran, Peace Now’s Settlements Watch coordinator, Dror Etkes, and Alon Cohen-Lifshitz and Nir Shalev, of Bimkom. 2 Table of contents Introduction......................................................................................................................... 5 Chapter One: Statistics........................................................................................................ 8 Land area and borders of the Jordan Valley and northern Dead Sea area....................... 8 Palestinian population in the Jordan Valley .................................................................... 9 Settlements and the settler population........................................................................... 10 Land area of the settlements .......................................................................................... 13 Chapter Two: Taking control of land................................................................................ 15 Theft of private Palestinian land and transfer to settlements......................................... 15 Seizure of land for “military needs”.............................................................................
    [Show full text]
  • Int Cescr Ngo Isr 47 9135 E
    בצלם - מרכז המידע הישראלי לזכויות האדם בשטחים ר.ע( .) ﻤﺭﻜﺯ ﺍﻝﻤﻌﻠﻭﻤﺎﺕ ﺍﻹﺴﺭﺍﺌﻴﻠﻲ ﻝﺤﻘﻭﻕ ﺍﻹﻨﺴﺎﻥ ﻓﻲ ﺍﻷﺭﺍﻀﻲ ﺍﻝﻤﺤﺘﻠﺔ- ﺒﺘﺴﻴﻠﻡ B’Tselem – The Israeli Information Center for Human Rights in the Occupied Territories Information for the Consideration of Israel Submitted to the UN Committee on Economic, Social and Cultural Rights, 47th Session, (14 November - 2 December 2011) September 2011 B'TSELEM - The Israeli Information Center for Human Rights in the Occupied Territories has earned international recognition as the leading source of information regarding human rights in the Occupied Territories. Founded in 1989 to monitor, document and advocate to improve the human rights situation in the Occupied Territories, B’Tselem publishes comprehensive reports on a wide variety of human rights issues, organizes public advocacy campaigns, and serves as an important source of information for journalists, researchers and the diplomatic community at the national and international level. B’Tselem has also pioneered the use of video as a tool to foster accountability and bring human rights messages to new audiences. רחוב התעשייה , ד.ת . ŹŷŵŷŶ , ירושלים ŵŹŷŵ ט, לפון ŴŶ ) źŻŷŹŹ ) , פקס ŴŶ) źŻŸŵŵŵ) Hata’asiya St. (Ÿth Floor), P.O.Box ŹŷŵŷŶ, Jerusalem ŵŹŷŵ, Tel. (ŴŶ) źŻŷŹŹ, Fax (ŴŶ) źŻŸŵŵŵ [email protected] http://www.btselem.org SUMMARY AND RECOMMENDATIONS Article 11: The Right to an Adequate Standard of Living Israel’s control of the land and water resources in the Jordan Valley and northern Dead Sea undermines the right of Palestinians to an adequate standard of living. Israel has closed off 77.5 percent of the land area to Palestinians (see map 1 below).
    [Show full text]
  • 1 the Supreme Court in the Capacity of the Hight Court of Justice High Court of Justice 7385/13 High Court of Justice 8425/13 B
    THE SUPREME COURT IN THE CAPACITY OF THE HIGHT COURT OF JUSTICE HIGH COURT OF JUSTICE 7385/13 HIGH COURT OF JUSTICE 8425/13 Before: The Honorable Chief Justice A. Grunis The Honorable Senior Associate Justice M. Naor The Honorable Justice E. Arbel (retired) The Honorable Justice S. Joubran The Honorable Justice E. Hayut The Honorable Justice Y. Danziger The Honorable Justice N. Hendel The Honorable Justice U. Vogelman The Honorable Justice I. Amit Petitioners in High Court Eitan – Israeli Immigration Policy Center, et al. of Justice 7385/13 Petitioners in High Court 1. Zari Gebreselaissie of Justice 8425/13 2. Tadros Habithamarim 3. The Hotline for Refugees and Migrants 4. The Association for Civil Rights in Israel 5. ASSAF- Aid Organization for Refugees & Asylum Seekers in Israel 6. Kav LaOved – Worker’s Hotline 7. Physicians for Human Rights in Israel 8. ARDC – African Refugee Development Center Requesting to join in High 1. Kohelet Policy Forum Court of Justice 8425/13 as 2. Concord Center “Amici Curiae”: v. Respondents in High Court 1. The Israeli Government of Justice 7385/13 2. The Prime Minister 3. The Minister of Defense 4. The Minister of Interior 5. The Minister of Public Security 6. The Minister of Finance 7. The Minister of Justice 1 8. The Minister of Economics 9. The Administrator of the Population and Immigration Authority 10. The Attorney General to the Government 11. The Head of Border Control in the Ministry of Interior Respondents in High Court 1. The Knesset of Justice 8425/13 2. The Minister of Interior 3.
    [Show full text]
  • Palestinian Child Labor in Israeli Agricultural Settlements in the West Bank
    HUMAN RIPE FOR ABUSE RIGHTS Palestinian Child Labor in Israeli Agricultural Settlements WATCH in the West Bank Ripe for Abuse Palestinian Child Labor in Israeli Agricultural Settlements in the West Bank Copyright © 2015 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-6231-32392 Cover design by Rafael Jimenez Human Rights Watch defends the rights of people worldwide. We scrupulously investigate abuses, expose the facts widely, and pressure those with power to respect rights and secure justice. Human Rights Watch is an independent, international organization that works as part of a vibrant movement to uphold human dignity and advance the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Sydney, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org Ripe for Abuse Palestinian Child Labor in Israeli Agricultural Settlements in the West Bank Summary ......................................................................................................................... 1 International Law Violations .....................................................................................................4 Expanding Settlement Agriculture, Restrictive Anti-Palestinian Policies .................................... 6 Palestinian
    [Show full text]
  • African Migration to Israel Debt, Employment and Remittances
    African Migration to Israel Debt, Employment and Remittances Rebecca Furst-Nichols and Karen Jacobsen January 2011 We began to learn about the experience of Sudanese refugees in Israel as a result of our ongoing 1 research in Cairo on Sudanese refugees.0F In November 2010, one of the authors (Furst-Nichols) from the Feinstein International Center traveled to Israel to conduct a scoping study to better understand the livelihoods and protection issues confronting Sudanese and Eritrean migrants and 2 asylum seekers1F in Israel. This report is based on her qualitative research from November- December 2010. We are very grateful for the support of the organizations and individuals in Israel who shared their views and experience with us, and to the Swedish International Development Agency, which supports the Feinstein Center’s work on refugees in urban settings. Summary of main findings Legal status – Sudanese and Eritreans make up the two largest African groups in Israel and share a similar legal status. Most have temporary protection in the form of 2A5 conditional release visas, renewable every three months. The Israeli government has not clarified their official rights however, and holders of the 2A5 visa live under the constant threat that protection will be revoked. A few thousand Africans in Israel have residence permits or six-month working visas, granted to specific groups in 2007 and 2008. Routes – Most new arrivals come directly from Sudan and Eritrea, passing through Cairo for a few days only (earlier migrants to Israel had often lived in Cairo for many years). Bedouin smugglers are paid between $350 and $7,000 dollars for guidance across the Egyptian Sinai to the Israeli border.
    [Show full text]
  • This Past Month Has Been Very Busy at Kav Laoved. We Published, for The
    View On Web This past month has been very busy at Kav LaOved. We published, for the first time, a mid­year report on work accidents in all sectors of the workforce– and the findings are bleak: the number of fatalities is the highest in five years. On June 20th, “World Refugee Day,” we highlighted our work with refugees. During the first five months of 2019 over 2000 asylum seekers came to our office to request assistance in attaining their rights. In the meantime, the State's response to our petition in the High Court of Justice against the Deposit Law for asylum seekers, which deducts 20% of their wages, reveals that only 0.2% of the asylum seekers who work receive their money as the law requires. An examination committee commissioned by Tel Aviv University determined that the students who were sent to work in agriculture, under the guise of applied learning, were employed in an inappropriate manner. Also: Kav LaOved has been denied Civil Service positions for next year. Our civil service volunteers are invested in helping workers realize their rights. Why? Because someone “upstairs” decided that workers' rights should not be considered welfare... Yes, we will need your help The number of fatal work accidents in the first half of 2019 is the highest in five years. This month, for the first time, we published a report that covers the status of work accidents in all sectors of the labor market, including the construction sector, which accounts for 60% of work accidents, even though it employs only 8% of workers.
    [Show full text]
  • Palestinian Workers in Israeli West Bank Settlements - 2009 By: Salwa Alenat, Kav Laoved
    1 Palestinian Workers in Israeli West Bank Settlements - 2009 by: Salwa Alenat, Kav LaOved Kav LaOved (Worker's Hotline) is a nonprofit non-governmental organization committed to protecting the rights of disadvantaged workers employed in Israel and by Israelis in the Occupied Territories, including low-income Israeli workers, Palestinians, migrant workers, subcontracted workers and new immigrants. These workers often face severe violations by employers and a lack of enforcement of Israeli labor laws by Israeli authorities. Each category of workers experiences unique challenges; a comparative perspective reveals that the levels of exploitation are different in each sector. Palestinian workers employed in West Bank settlements suffer from hardships stemming not only from problematic employer-employee relationships but also from political and social realities which make their situation even more difficult. According to a 2009 ILO report addressing the conditions of Palestinian workers in the Occupied Territories, the employment rate of workers over 15 years of age in the West Bank was a little over 34% at the end of 2008. About half of the workforce is between the ages of 15-29. Their employment opportunities are very limited. Half of the 15-29 age group in the Occupied Territories is not enrolled in an educational institution and is unemployed. The report calls this situation “A waste of valuable workforce.” The report notes that the average income in Israel is 20% higher than the average income in the Occupied Territories. The decrease in Palestinians’ sources of income, which is reflected in the decline in income and economic activity, is to a large extent a result of the continuation of closures and restrictions on movement imposed by Israel.
    [Show full text]