REPORT OF MISSION Religious Freedom In Israel and the Palestinian Territories April 2008 This Report was prepared as pursuant to the ECLJ mission to Israel and the Palestinian Territories in January 2008, in conjunction with the official visit by the UN Special Rapporteur on Freedom of Religion or Belief. European Centre for Law and Justice American Center for Law and Justice 4, quai Koch 201 Maryland Ave., N.E. 67000 Strasbourg, France Washington, DC 20002 Phone: +33 (0)3.88.24.94.40 Phone: (202) 546-8890 Email: [email protected] Email: [email protected] Website: www.eclj.org Website: www.aclj.org Gregor Puppinck, Counsel Jay Alan Sekulow, Chief Counsel Terrence McKeegan, Counsel Stuart Roth, Senior Counsel Kris Wenberg, Associate Counsel The European Centre for Law and Justice (ECLJ), is a public interest law firm that specializes in protecting religious freedom and other human rights at the European institutions as well as internationally. The ECLJ is a non-governmental organization with Special Consultative Status with the UN Economic and Social Council (ECOSOC). The American Center for Law and Justice (ACLJ) is a public interest law firm specializing in American constitutional law. The ACLJ has participated in numerous cases before the U.S. Supreme Court, Federal Court of Appeals, Federal District Courts, and various state courts regarding freedom of religion and freedom of speech. 1 Table of Contents INTRODUCTION ...........................................................................................................................2 ISRAEL............................................................................................................................................5 I. Legal Status of Religious Communites in Israel .....................................................................5 II. Process of Recognition of Religious Leaders .........................................................................7 III. Right to Build, Buy, and Operate Places of Worship in Israel ...............................................8 IV. Israeli Law of Return: Religion and Citizenship in Israel ......................................................9 V. The Vatican-Israeli Bilateral Treaty of 1993 ........................................................................11 A. Fundamental Agreement Between the Holy See And The State of Israel (“Fundamental Agreement”) ........................................................................................11 B. Status of the Vatican-Israeli Bilateral Treaty: Unresolved Issues ...............................12 C. Current Status of Negotiations between Israel and the Holy See ................................19 VI. Status of Conversions ...........................................................................................................19 PALESTINIAN TERRITORIES ...................................................................................................23 I. Legal status of the Christian Community in Palestinian Territories. ....................................23 A. Fatah and the West Bank .............................................................................................24 B. Hamas and Gaza. .........................................................................................................27 II. Status of Holy Sites in Palestinian Territories ......................................................................29 III. Statistics on the emigration of Christians from Palestinian Territories ................................33 IV. Status of conversions: The Palestinian government and Hamas regarding religious choice ....................................................................................................................................35 V. Persecution of Christians in Palestinian Territories ..............................................................38 VI. Abuse of Christian Property Rights in Palestinian Controlled Areas ...................................42 2 European Centre for Law and Justice Religious Freedom in American Center for Law and Justice Israel And Palestinian Territories INTRODUCTION In January 2008, the European Centre for Law and Justice (“ECLJ”), a Non- Governmental Organization (NGO) accredited to the United Nations, which specializes in the promotion and defense of religious freedom, was asked to help assist with the fact-finding mission and country visit of Israel and the Palestinian Territories by the United Nations Special Rapporteur on Freedom of Religion or Belief. In preparation for this mission, Terrence McKeegan and Gregor Puppinck, Counsels for the ECLJ, were asked to prepare a report on what the UN team saw as some of the most critical issues for religious freedom in the Holy Land. The ECLJ team organized a large and diverse range of meetings in both Israel and the Palestinian Territories to better understand the situation of religious freedom persecution on the ground. The ECLJ met with over three dozen Christian leaders and NGOs, from nearly every Christian denomination, all over the Holy Land. These meetings have given us a better understanding of the religious and political situation of the tiny Christian minority, which now comprises just 2% of the population. Among our activities, the ECLJ was given the tremendous opportunity to organize four joint meetings with Christian leaders and the United Nations Special Rapporteur. Because of the general climate of fear in many of the Christian communities in the Holy Land, many of the UN's meetings with the Christian leaders would not have happened without our involvement. For the same reason, nearly all of the people we interviewed expressly requested their full anonymity. The first meeting with the UN was a roundtable discussion in Jerusalem of a dozen individuals, including leaders from the Lutheran, Episcopal, Evangelical, and Catholic communities, as well as Christian NGOs. The ECLJ also organized joint meetings with the UN in two of the most historically Christian towns in the Holy Land, Bethlehem and Nazareth, which have both experienced a dramatic exodus of Christians in recent years. The final meeting with the UN was held with one of the three patriarchs of Jerusalem. Perhaps our most impressive meeting was one arranged with five Christians who had converted from Islam. This meeting, which for security reasons was held in a secluded grove of olive trees, was extremely powerful. These brave converts detailed their conversion experiences, 2 European Centre for Law and Justice Religious Freedom in American Center for Law and Justice Israel And Palestinian Territories but also testified to the persecution they have suffered as a result. They have been subjected to repeated interrogations and permanent discrimination, including the inability to find work because of their faith. One recounted his story of being tortured and imprisoned by Palestinian officials for many months. As the penalty for apostasy in Islam is death, most converts have been forced to find protection in Israel or abroad. Many others who are not known publicly to be converts hide their Christian faiths from their community, and even their families. During the meetings, a number of leaders expressed their grave concern that the Christian community in the Holy Land is in jeopardy of extinction. Many of them worried about the growing risk of a future Palestinian State run by Islamic extremists. Many have resigned to prepare themselves to suffer, and even, said one Christian leader, to be martyrs for their faith. In this report, the European Centre for Law & Justice and the American Center for Law & Justice examine some of the most pressing issues concerning religious freedom in Israel and the Palestinian Territories, with a special emphasis on the plight of the Christian communities. While important issues remain to be addressed in Israel, the situation there pales in comparison to violence wrought against the Christian minority in the West Bank and the Gaza strip. The Christian minority living in the “Holy Land” is experiencing significant difficulties and its presence in the Palestinian Territories has been seriously compromised. This Christian minority not only shares the fate of the Palestinian people, but also suffers intolerable pressure from within that population. As a minority within a minority, these Christians are under threat from both sides. As one priest told the ECLJ, Christians have “liberty of cult, but not religious freedom” in Israel and the Palestinian Territories. By this he meant that Christians can practice their faith privately, but they have no freedom to evangelize in the Holy Land, especially in the West Bank and Gaza. He further noted that the restrictions on religious freedom against Christians were carried differently—“Israeli ways are subtle; Arab ways are blunt and often violent”. Our organizations understand the legitimate claims of the Jewish and Muslim populations regarding the holy places. However, it is inconsistent to claim the benefit of religious freedom for oneself without ensuring it for the minorities. 3 European Centre for Law and Justice Religious Freedom in American Center for Law and Justice Israel And Palestinian Territories Access to holy places has become all but impossible for Palestinian Christians. Most Palestinian Christians who want to travel from the West Bank into Israel for religious feasts are routinely denied access. In the Palestinian Territories, a number of Christian schools – which are open to Muslim pupils – have recently