Over het recht op terugkeer van de Palestijnse vluchtelingen:
Israël wil niet onderhandelen over een zelfstandige Palestijnse staat zolang de Palestijnen dat recht niet willen opgeven.
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Sharon said on Wednesday that the right of return is a "recipe for the destruction of Israel," and Israel would not accept it. "This is something Israel insists on and sees as a condition for continuing the process," Sharon said in a radio interview broadcast on Independence Day.
BronBetreffende: Palestinian Arabs and other non-Jews may also become citizens of Israel. In fact, Muslim and Christian Arabs, Druze, Baha'is, Circassians and other ethnic groups represent more than 20 percent of Israel's population.Er wordt expliciet onderscheid gemaakt tussen de verschillende geloven. Ook joden die vrijwillig een andere religie aangenomen hebben verliezen hun priviliges in dit opzicht.
Elk kind van een joodse moeder wordt joods beschouwd. Dit geldt niet voor kinderen van joodse vaders.
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Under Israeli law, the acquisition of nationality is one of the few areas in which the law differentiates between Jews and non-Jews. The Law of Return grants every Jew the right to go to Israel as an oleh (Jewish immigrant), and the Israel Nationality Law automatically confers Israeli nationality on every oleh upon entering the country unless he specifies otherwise. The law even provides that a Jew who expresses his desire to settle in Israel may be granted nationality by virtue of the Law of Return even before he physically immigrates, a clause which allows the Israeli government to issue travel documents to refugees in emergencies.
Article 4A of the Law of Return extends the Jewish rights to family members: "(a) The rights of a Jew under this Law and the rights of an oleh under the Nationality Law, 5712-1952, as well as the rights of an oleh under any other enactment, are also vested in a child and a grandchild of a Jew, the spouse of a Jew, and the spouse of a grandchild of a Jew, except for a person who has been a Jew and has voluntarily changed his religion."
The next section makes it clear that the family member need not even be living: "(b) It shall be immaterial whether or not a Jew by whose right a right under subsection (a) is claimed is still alive and whether or not he has immigrated to Israel."
Article 4B provides the definition of a Jew: "For the purposes of this Law, 'Jew' means a person who was born of a Jewish mother or has become converted to Judaism and who is not a member of another religion."
Section 5 of the law allows the Minister of the Interior to grant visas and citizenship to minors without their parents consent, a section that has recently been used for minors from Ukraine, Moldova, and former Yugoslavia who decided to flee without their families.
By contrast, an Arab or any other person not qualifying as a Jew under the Law of Return may acquire Israeli nationality in one of five ways detailed in the Nationality Law and summarized below.
1. Nationality by residence in Israel
Subject to certain qualifications, this section of the law grants Israeli citizenship to former Palestinian citizens who are currently residents of Israel and have lived in Israel since its creation on May 14, 1948, or have entered Israel legally between that time and July 14, 1952, the date the Nationality Law went into effect.
2. Nationality by birth
Nationality by reason of birth is given to any person whose father or mother was an Israeli national at the time of his birth. This provision holds true regardless of where the person in question may happen to have been born.
3. Naturalization by birth on Israeli territory in addition to 5 years immediate prior residence in Israel.
This provision grants Israeli nationality to persons who are born on Israeli territory who meet these qualifications: apply for Israeli citizenship between their 18th and 21st birthdays, have 5 consecutive years of residence in Israel immediately prior to filing a request for citizenship, have no criminal convictions for violation of security regulations, and have not been sentenced to jail for 5 years or more for violation of any other type of law.
4. Naturalization
A person 18 years of age or older may acquire Israeli nationality by naturalization if he meets these criteria: (1) is currently in Israel, (2) has been in Israel for 3 of the 5 preceding years, (3) intends to settle in the country (4) has some knowledge of Hebrew (former Palestinian citizens are exempt from this provision), (5) renounces any and all foreign nationalities, and (6) takes an oath of loyalty to the State of Israel. Completion of all of the above requirements is not essential in all instances, however, as the Minister of the Interior at his discretion has the power (for a special reason) to waive requirements (1), (2),(4), and (5) above.
5. By grant from the Minister of the Interior to certain categories of minors.
The law provides, in addition, for a discretionary grant of citizenship to minors who are not Israeli nationals but who are residents of Israel.
Speciale uitzondering voor Palestijnen:quote:
Demography is the underlying force driving Israel's policy toward the Palestinians. It determines political debate over the Jewish state's identity and borders. And it is the unspoken, but crucial factor behind Prime Minister Ariel Sharon's decisions to unilaterally withdraw Israeli settlers from the Gaza strip, to build a "separation barrier" in the West Bank, and more recently, to approve a controversial law preventing any Palestinian who marries an Israeli from becoming an Israeli citizen. All these measures are aimed at preserving the Jewish majority, seen as a pillar of long-term national survival. And they are forcing Israelis to address head-on the most fundamental and delicate questions about their national identity.
BronDe toestand in de bezette gebieden:quote:
Since the beginning of the al-Aqsa Intifada, on 29 September 2000, all family unification procedures have ceased. The PA accepts new requests but Israel does not process them. Only in rare cases does Israel approve such requests.
Tens of thousands of Palestinian residents of the Occupied Territories are married to non-residents. According to this policy, these residents must file a request for family unification to enable them to live in the Occupied Territories with their spouses. Over the years, permits for family unification have been granted sparsely and according to unknown criteria. Israel's rigid policy compels the resident spouses to emigrate if they want to live together with their spouses.
Israel refuses to recognize the right of Palestinians to family unification in the Occupied Territories and considers approval of a request for family unification an act of benevolence. This position is dictated by political considerations, whose objective is to change the demographics of the Occupied Territories by blocking immigration of spouses of residents of the Occupied Territories into the area and by encouraging emigration of divided Palestinian families.
Israel's policy totally ignores the social reality existing in the Occupied Territories, in which marriage between residents and relatives from outside the area is extremely widespread. In employing this policy, Israel forces residents to make a cruel choice between family separation and leaving their homeland. The Israeli authorities, supported by the High Court of Justice, inflict ongoing suffering on hundreds of thousands of persons, restrict the development of children by violating their right to live with both their parents, create family instability, and rend the family unit.
Israel offers two possibilities to Palestinian residents of the Occupied Territories who are married to non-residents: one, living separately and maintain a truncated family life, meeting with their spouses only during short visits in the Occupied Territories that require obtaining a permit from Israel, and two, moving elsewhere, abandon their homes, family, and homeland.
Because of the obstacles inherent in each of these possibilities, many non-resident spouses chose to remain in the Occupied Territories illegally after their visitor's permits expired. Remaining there compels them to live an underground existence, forever fearful of fines and deportation.
The Oslo Accords did not lead to improvement in Israel's family-unification policy in the Occupied Territories, although the Interim Agreement expresses the parties' undertaking "to promote and upgrade family reunification" in order to "reflect the spirit of the peace process." Israel continues to have decisive authority in determining which families will, or will not, be allowed to live together in the Occupied Territories.
Israel and the Palestinian Authority currently have more than 24,000 pending requests for family unification in the West Bank. If the quota remains as is, it will take until 2006 to meet these requests. Requests filed today will be approved almost a decade from now.
BronOost-Jeruzalemquote:
On 31 July 2003, the government enshrined that decision in statute – the Nationality and Entry into Israel (Temporary Order) Law, 5763 – 2003. The statute prohibits Israelis married to residents of the Occupied Territories, or who marry them following implementation of the law, to live with their spouse in Israel. The statute also harms the children of residents of East Jerusalem who were born in the Occupied Territories, and forbids the ministry to register them as residents of Israel. The statute, which was valid for one year, empowered the government to extend it with Knesset approval. On 18 July 2004, the statute was extended until 5 February 2005.