Is Israel A
Safe Haven For Jews?
By Adri Nieuwhof
and Jeff Handmaker
05 April, 2005
The
Electronic Intifada
In
early March 2005, the High Court of Australia made a unanimous decision
to give refugee protection to a Russian Jewish doctor and his son.[1]
The Australian court determined that it could not offload its
responsibilities to protect them by arguing Israel was a safe
third country on the basis of the so-called law of return or Aliyah.
The decision has important implications as it directly challenges the
notion held by Israel and its supporters that there must exist a Jewish
state for the exclusive protection of Jews.
The Russian doctor
and his son arrived in Australia in 1999 claiming they had a well-founded
fear of persecution because of the fathers political activities
and their Jewish background. Although the men were entitled to refugee
status, they were denied visas because the government argued the men
could be protected under Israels Law of Return, which gives every
Jew the right to live in Israel. The Russian Jewish refugees argued
they did not want to move to Israel for a number of reasons.
Firstly, the doctors
wife was not Jewish and this raised concerns about discrimination in
relation to mixed marriages. Secondly, the two men declared they were
pacifists and foresaw problems with Israels compulsory military
service.
In addressing this
case, Justice Michael Kirby said, It would be an absurd result
if the generosity of other states refugee laws meant that Australia
was thereby relieved of international obligations that it voluntarily
accepted with other nations.
In past years Canada
has granted refugee status to mainly former Soviet Jews on the basis
of their experiences of persecution in Israel.[2] They claim that they
were harassed, denied jobs and housing, and even beaten if they married
non-Jews. They also claimed that their Jewish status was not recognised
according to rabbinical law. Israel has been trying to convince Canada
that ex-Soviets are taking advantage of the Law of Return to springboard
into Canada. Israel has always denied that it produces refugees.
In the Netherlands,
it is clear from telephone calls to the Ministry of Justice that there
is no policy to refer Jewish refugees who flee the republics of the
former Soviet Union to Israel as a safe third country. If there is a
well-founded fear of persecution the Netherlands will offer protection.
Furthermore, there
is no official Dutch policy to turn down requests for asylum by war
resisters from Israel. On the other hand, Palestinians seeking protection
in the Netherlands are almost routinely refused political asylum, although
the Dutch government generally refuses to send them back to Israel or
the Occupied Territories.
Notwithstanding
systematic discrimination against Palestinians with Israeli citizenship
and a wealth of highly misleading propaganda[3], there are clear --
and growing -- signs that many Jews themselves do not see Israel as
a safe haven and therefore seek refuge elsewhere.
Adri Nieuwhof and Jeff Handmaker are human rights advocates based in
the Netherlands