Being
Born in Jerusalem
By Joharah
Baker
22 April, 2003
My eight-month-old
daughter still does not have a birth certificate. Although a seemingly
routine task to accomplish for new parents, we have found obtaining
this innocuous piece of paper to be a daunting and essentially fruitless
effort.
My children,
like their father, were born in East Jerusalem, which means that their
birth certificate must be issued by the Israeli interior ministry. Since
I am not an official resident (for countless reasons), the certificate
is only issued at the ministry itself, as opposed to being sent to me
by mail. Easy enough, one may say. But anyone who actually goes to the
cold, grey building with an iron turnstile on Nablus Road knows that
a trip to the interior ministry is nothing but heartache.
Waiting at
the gates
My husband endured
a twelve-hour wait from 4am until 4pm just to get his
foot inside the ministry door. But given that others had been waiting
for days on end, guarding their places within the cramped railings outside
the gate, his wait had been useless. After twelve wasted hours, we were
still one birth certificate short.
The Israeli
guards at the door allow only a trickle of people into the second floor
of the ministry, where a few uncooperative employees grudgingly serve
the exhausted men and women at their booths. At 12:30 in the afternoon,
the iron door just inside the turnstile is slammed shut, and everyone
unfortunate enough to have waited so long but not entered is told to
go home.
Should my daughter
still not have a birth certificate by the time she turns one year old,
the only way she could ever be registered as an East Jerusalem resident
and therefore be eligible for its municipal services such as national
and medical insurance, is by applying for family reunification. This
is yet another long and frustrating procedure.
Squeezing
out the unwanted
But, of course,
we are not the only people with problems related to Israels government
policies in the eastern sector of Jerusalem. Over the years, Israeli
measures against Palestinian residents of Jerusalem have become increasingly
arbitrary and discriminatory, circling in on the Arab minority in the
Holy City, trying to squeeze them out.
At present,
we have more than 200 files for Jerusalem residents, says Adi
Landau, attorney for Hamoked, Centre for the Defence of the Individual.
Most of them are complaints about family reunification, childrens
registration, national insurance and ID confiscation.
The Centre takes
many cases to Israeli courts to try to reverse some of the worst discriminatory
policies against East Jerusalemites. Landau explains that it is a constant
uphill battle: Most cases regarding family reunification are resolved,
not with actual verdicts but by settlements, Landau explains,
implying that claimants usually end up with less than they had hoped
for. Landau describes how Israel can carry out these measures within
the scope of the law. Residents of East Jerusalem are bound by the Israeli
Law of Entry, which gives any immigrant the same rights as East Jerusalem
residents.
There are three
instances where the state can deny or revoke residency status. The first
is if a resident leaves Israel for a period of seven (and sometimes
only six years). The second is if a resident gains status in another
place, such a obtaining a Green Card in the US. And the third is for
security reasons, which are notoriously vaguely defined
and therefore open to arbitrary enactment. This hasnt happened
to date, except with people involved in bombings, Landau reassures.
The legacy
of the Six Day war
One could say
that this ongoing struggle for residents of East Jerusalem began in
1967, when Israel unilaterally annexed the eastern sector of the city
during the Six Day war. Although Israel offered citizenship to all residents
of East Jerusalem, the apparent concession had strings attached. New
citizens had to swear allegiance to the State of Israel. Palestinians,
understandably, were less than enthusiastic about showing any loyalty
to this newly founded state. They were also aware of the blatant discrimination
practiced by the Israeli government; the different treatment meted out
to Arab residents of Jerusalem and their Jewish counterparts. While
Palestinians were made to meet a number of conditions before being granted
citizenship, including a fair knowledge of Hebrew, new Jewish immigrants
were automatically granted citizenship upon arrival in accordance with
the Israeli Law of Return.
So, although
politically Palestinians wanted to maintain a foothold in the city only
2.3% of all Palestinian Jerusalemites became Israeli citizens. Those
who could not bring themselves to swear allegiance were given the right
to stay conferred by the status of permanent resident. Those
with this precious but precarious status have since spent a considerable
amount of time and effort trying to preserve.
Where is
the centre of your life?
Maintaining
residency is not as easy as it sounds. In 1995, the Israeli interior
ministry introduced the centre of life policy for Palestinians
with Jerusalem ID cards. In order to keep their residency, Palestinians
were made to prove that their centre of life revolved within Jerusalems
municipal borders. Today, all interior ministry procedures for obtaining
birth certificates, family reunification or travel documents require
that this demand be met. Residents must produce endless papers including
electricity and phone bills, Arnona tax papers and childrens school
records in order to prove that they live in Jerusalem. If applicants
are unable to produce these documents, their ID cards could be confiscated
and all services provided to Jerusalem residents revoked.
According to
the Jerusalem Centre for Social and Economic Rights, incidents of ID
card confiscation increased by over 600% after implementation of the
centre of life policy. No Palestinian, no matter the status, is immune
to this policy. Palestinian Legislative Council member Hanan Ashrawi,
who lives in Ramallah, has repeatedly been threatened with having her
Jerusalem ID card revoked. In November of 2001, then internal security
minister Uzi Landau requested interior minister Eli Yishai to revoke
the Jerusalem ID card of Ashrawi and other figures allegedly connected
to the Palestinian
Anyone
who is not a Jerusalem resident and does not pay taxes there, and who
primarily identifies with the Palestinian Authority, is not entitled
to be an Israeli resident, he told a Jerusalem Post reporter.
This was, no doubt, only a threat. But the fact remains that if the
interior ministry chooses to do so, it has every legal right to carry
out the confiscation.
Israeli citizens,
of course, never have these problems. For one, any Jew from any part
of the world has the right to return to Israel and is granted
Israeli citizenship upon arrival. Besides, should they have to visit
the interior ministry, the West Jerusalem branch is no more aggravating
then any government facility in any other country.
Same ministry,
different worlds
Located on Hamelkah
Road, the West Jerusalem interior ministry is a far cry from its cramped
sister ministry in the east. After enduring the ubiquitous security
check, visitors are immediately served a number according to the desired
service and directed to a large hall where they wait their turn. True,
there are not always enough seats, and the wait may seem interminable,
but the offices are open through the afternoon and nobody is returned
without being tended to. Problems for East Jerusalem residents are not
confined to their personal status alone. Should an East Jerusalem resident
marry someone from the West Bank which is of course, common in
Palestinian society they are obliged to apply for family
reunification.
Back at the
infamous interior ministry, paper upon paper must be produced, including
all the documents that prove the applicants center of life is
in Jerusalem, in addition to the marriage license, birth certificates
and ID cards. Usually, the process is long and painful. Either applicants
are rejected outright usually for the hackneyed excuse of security
reasons or the process takes years and much effort and
money to produce any results. The outcome is that there are many families
living in Jerusalem where one of the spouses is illegal
according to Israeli
law.
Ibrahim Firawi
is in such a predicament. Married in 1996, he applied for family reunification
one year later. The government was then under the current Israeli minister
of finance Benjamin Netanyahu, who refused all new applications.
In 1999, we tried again and were refused again, for no given reason,
says the burly man in his 30s from the Old Citys Muslim Quarter.
In the meantime,
the couples family had grown. Two girls were born by 1999, to
be followed by another girl and a baby boy a few years later. All of
the children were registered on their fathers ID card, which means
that when they reach the age of 16, they will be issued individual Jerusalem
ID cards.
But this was
not the case for his wife, Feda. Originally from a Bethlehem area village,
her status in Jerusalem remained precarious, at best. Then, last May,
they were slapped with a written order from the interior ministry saying
that she had 48 hours to return to Palestinian Authority
areas, or else she and her husband would face the wrath of Israels
legal system.
I immediately
appealed to the High Court, says Ibrahim. What would I do
if my wife were deported to the West Bank? I would have to remain in
Jerusalem with my four children. The catch-22 is that if Ibrahim
followed his wife to live in the West Bank, the interior ministry would
revoke his Jerusalem ID card since his centre of life would
no longer be in the city.
One year later,
the court granted a stay of three months for Ibrahims wife to
remain in Jerusalem, until the case could be looked into further. They
have not heard from the authorities since. The legal problems related
to residency rights in East Jerusalem are endless and the Israeli policy
is clear try to tip the demographic scales in the city even more.
At present, only one-third of Jerusalem residents within the Israeli
municipality borders are Arab. And if the experience with my daughters
birth certificate is any indication, the number is sure to go down even
more.