US embassy cable - 04TELAVIV2203

UNCLAS SECTION 01 OF 02 TEL AVIV 002203 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV, PHUM, IS, GOI INTERNAL, ISRAELI SOCIETY 
SUBJECT: ISRAELI-ARAB NGO LAUNCHES CAMPAIGN AGAINST 
CONTROVERSIAL CITIZENSHIP LAW 
 
REF: 03 TEL AVIV 4444 
 
1. Summary: An Israeli-Arab advocacy NGO appealed to the 
diplomatic community at an April 13 gathering to lobby the 
GOI against renewal of the controversial July 2003 law that 
bars Palestinians from the Occupied Territories from 
acquiring Israeli residency or citizenship rights through 
marriage to Israelis.  The law, which was passed on an 
emergency basis for one year's duration, is up for Knesset 
renewal in July.  According to the NGO, the law has adversely 
affected some 21,000 couples, mainly composed of Israeli 
Arabs and Palestinians.  End summary. 
 
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Supreme Court Decision Still Pending 
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2.  On April 13, the Mossawa Advocacy Center for Arab 
Citizens of Israel held a briefing for the diplomatic 
community on its campaign against renewal of Israel's 
temporary Nationality and Entry into Israel Law (Citizenship 
and Family Unification Law) and appealed for greater domestic 
and international advocacy against renewal of the law in 
July.  The law prevents only Palestinian residents of the 
West Bank and Gaza from obtaining Israeli residency or 
citizenship through marriage to Israeli citizens.  The law 
excludes "residents of Israeli communities" in the West Bank 
and Gaza, and does not pertain to other foreign spouses of 
Israeli citizens.  The practical effect of the law, according 
to Israeli NGO documentation, has been the separation of 
thousands of Israeli-Arab citizens from their Palestinian 
spouses.  Several NGOs as well as Knesset members have filed 
petitions with the Supreme Court challenging the law.  After 
several hearings, including before an enlarged panel of 13 
justices, the Supreme Court has not yet reached a decision. 
Jafar Farah, Director of Mossawa, predicted the Supreme Court 
would issue a decision in July, presumably before the law is 
re-enacted.  Farah anticipates that the Knesset will 
introduce legislation to renew the law in June. 
 
3.  The justification for the law, as discussed in the 
Knesset one year ago, was some 20 cases of Palestinians from 
the West Bank or Gaza married to Israeli Arabs who had 
allegedly been involved in terrorist activities.  Adalah, an 
Israeli-Arab legal advocacy NGO, argued in its petition that 
the GOI's security concerns "cannot justify such sweeping 
measures" and that the law is "completely disproportionate." 
 Adalah argues that the law violates Israel's Basic Law 
protecting dignity of the person and is racist in nature. 
Farah pointed out that Amnesty International, Human Rights 
Watch, UNESCO, and the European Commission had all expressed 
concern about the law. 
 
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Families Caught in Limbo 
------------------------ 
 
4.  Mossawa invited to the diplomatic briefing several 
Israeli Arabs adversely affected by the law to discuss their 
cases.  An Israeli Arab from Kafr Qassem noted the 
difficulties he faces being separated from his Palestinian 
wife of five years who must live in her West Bank town of 
Qalqilya with their child, including sometimes having to wait 
hours at checkpoints to visit her.  An Israel-Arab woman from 
the Galilee whose husband lives in Jenin claimed that the GOI 
had denied her a passport and social benefits because she is 
married to a Palestinian.  Another Israeli Arab complained 
about the financial difficulties he faces supporting his wife 
of eight years who is living illegally with him and their 
three children since she cannot receive medical insurance. 
According to Farah, several families who have been separated 
as a result of this law are applying for asylum in countries 
such as Canada, Germany, and the Netherlands. 
 
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Mossawa Announces Campaign 
-------------------------- 
 
5.  Farah used the gathering to announce Mossawa's domestic 
and international lobbying campaign against renewal of the 
law.  Farah said that Mossawa is encouraging Israeli citizens 
to contact the Interior Ministry to express their opposition 
to the law.  He said that Mossawa would also be asking 
affected family members to come forward and publicize their 
cases.  One Mossawa representative also noted that Mossawa 
has written a letter to the U.S. Senate Foreign Relations 
Committee in which it criticizes the law and requests that 
the committee express its concern about the law to the GOI. 
Farah commented that while the U.S. Human Rights Report 
discussed the controversial law, it was important that USG 
raise concerns about the law directly with the GOI. 
 
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