Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/israel.txt

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TITLE:  ISRAEL AND THE OCCUPIED TERRITORIES* HUMAN RIGHTS
        PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

              ISRAEL AND THE OCCUPIED TERRITORIES*


Israel is a parliamentary democracy with a multiparty system
and free elections.  There is no constitution; a series of
"basic laws" provide for fundamental rights.  The legislature,
or Knesset, has the power to dissolve the Government and limit
the authority of the executive branch.  The judiciary is
independent.  Public debate is open and lively, and a free
press scrutinizes all aspects of society and politics.

Since its founding in 1948, Israel has been in a state of war
with most of its Arab neighbors.  It concluded a peace treaty
with Egypt in 1979 and with Jordan in 1994.  As a result of the
1967 war, Israel occupied the areas of the West Bank, the Gaza
Strip, the eastern sector of Jerusalem, and the Golan Heights.
Throughout its existence, Israel has experienced numerous
terrorist attacks.  It relies heavily on its military and
security services and retains many security-related regulations
from the period of the British Mandate.

On September 13, 1993, Israel and the Palestine Liberation
Organization (PLO) signed an historic Declaration of
Principles.  This process of reconciliation led to significant
developments in 1994, first and foremost being the May
agreement leading to the establishment of a Palestinian
Authority (PA) in the Gaza Strip and Jericho area, and the
August agreement on "early empowerment" (the Agreement on
Preparatory Transfer of Powers and Responsibilities) (see the
annex to this report).

Internal security is the responsibility of the General Security
Service (Shin Bet), which is under the authority of the Prime
Minister's office.  The police are under the authority of a
different minister.  The Israel Defense Forces (IDF) is under
the authority of a civilian Minister of Defense.  It includes a
significant portion of the adult population on active duty or
reserve status and plays a role in maintaining internal
security.  The Foreign Affairs and Defense Committee in the
Knesset reviews the activities of the IDF and Shin Bet.

Israel has a market economy and enjoys a relatively high
standard of living.  The economy has grown by an average of 5
percent a year in the past several years.  Unemployment is 7.5


*The human rights situation in the West Bank, Gaza, and East
Jerusalem is discussed in the annex appended to this report.

percent, the lowest since 1988.  Inflation is 14.5 percent.
Since implementation of an economic stabilization plan in 1985,
the Government has moved steadily in the direction of reducing
state intervention in the economy.  Much progress has been made
in liberalizing capital markets, but privatization and labor
market reform have progressed more slowly.  Despite the
continued dominant role of the Government in the economy,
individuals are largely free to invest in private interests and
own property.

Positive human rights developments, in addition to the
implementation of Israel-PLO agreements, included the release
of thousands of Palestinians detainees and prisoners from
military and civil facilities.  Israeli citizens enjoy a wide
range of civil and other rights.  Israel's main human rights
problems arise from its policies and practices in the occupied
territories.  In addition, while the Government's stated
intention is to close the social and economic gap between Arab
and Jewish citizens, Arab citizens still do not share fully in
the rights granted to, and the levies imposed on, Jewish
citizens.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

Political killings in Israel are neither practiced nor condoned
by Israeli authorities.  In the context of extreme political
tension between Israel and the Palestinians, intercommunal
killings are often assumed to have a political motivation.  In
1994 the number of such killings of Israelis committed in
Israel rose to 52, as extremists on both sides sought to
disrupt the peace process.

On April 6, a Palestinian car bomber in a suicide attack killed
7 and injured at least 50 at a bus stop in the Israeli city of
Afula, and on April 13 a bomb in the central bus station in
Hadera killed 5 persons and wounded as many as 20.  On October
19, a suicide bomber aboard a Tel Aviv bus killed some 22
people and injured more than 40.  Another suicide bomber killed
himself and injured 12 at a Jerusalem bus stop on December 25.

In other violence, a Jewish settler armed with an automatic
rifle attacked a morning prayer service at the Ibrahim Mosque,
also known as the Tomb of the Patriarchs, in the West Bank city
of Hebron on February 25, killing at least 29 Arab worshippers.

     b.  Disappearance

There were no reports of disappearances.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

Although Israeli laws and administrative regulations prohibit
such practices, there are credible reports that security
officers abuse Palestinian detainees (See annex for a
discussion of mistreatment of prisoners from the occupied
territories incarcerated in detention facilities located in
Israel).

Incarceration facilities in Israel and the occupied territories
are administered by either the Israeli Prison Service (IPS),
the national police, or the Israel Defense Forces (IDF).
Although conditions vary, all facilities are monitored by
various branches of the Government, by members of the Knesset,
the International Committee of the Red Cross (ICRC), and many
human rights organizations, which have access to the prisons,
police jails, and IDF camps.

Generally, inmates are not subject to physical abuse by guards,
food is adequate, and prisoners receive basic necessities.
However, security prisoners are subject to a different regime,
even in IPS facilities, and as a class they are often denied
certain privileges given to prisoners convicted on criminal
charges.  Overcrowding is the most severe problem in all
facilities.

IPS prisons conform to general international standards which
permit inmates to receive mail, have televisions in their
cells, and receive regular visits.  Prisoners receive wages for
prison work and benefits for good behavior.  Many IPS prisons
have religious and drug-free wards and educational and
recreational program.

Police detention facilities are intended for pretrial
detentions but are often used as de facto jails, holding
detainees for several months because of court backlogs.
Inmates are often not accorded the same rights and living
conditions as prisoners in the IPS facilities.  Some police
detention facilities can fall below generally accepted minimum
international standards.

Detention camps administered by the IDF are limited to male
Palestinian security prisoners and are guarded by armed
soldiers.  The number of security prisoners dropped sharply in
1994, after the Government released over 5,400 Palestinian
detainees.  Conditions in the camps do not meet minimum
international standards and threaten the health of the inmates.
Many camps continue to house inmates in unheated tents, even in
severe weather conditions.  Family visits are restricted in the
camps and recreational facilities are minimal.  A petition to
close the Ketziot detention camp, filed by a human rights
organization before the High Court of Justice in 1993, was
withdrawn in 1994.  The number of detainees in the camp had
decreased to about 820 by the end of the year, down from 4,900
in 1993.

     d.  Arbitrary Arrest, Detention, or Exile

Israeli law and practice prohibit arbitrary arrest or
imprisonment.  Writs of habeas corpus and other procedural and
substantive safeguards are available.  Defendants are
considered innocent until proven guilty.  However, a 1979 law
permits administrative detention without charge or trial.  The
Minister of Defense may issue a detention order for a maximum
of 6 months.  Within 48 hours of issuance, detainees must
appear before a district judge who may confirm, shorten, or
overturn the order.  If the order is confirmed, an automatic
review takes place after 3 months.  Administrative detention
orders are renewable.  Detainees may be represented by counsel
and appeal detention orders to the Supreme Court.  At detention
hearings, the Government may withhold evidence from defense
lawyers on security grounds.

In felony cases, a district court judge may postpone for 48
hours the notification of arrest to the detainee's attorney.
The postponement may be extended to 7 days by the Minister of
Defense on national security grounds or by the police Inspector
General to conduct an investigation.  Moreover, a judge may
postpone notification up to 15 days in national security cases.

After the Hebron massacre in February, the authorities placed
under administrative detention several activists of the Jewish
ultra-nationalist Kach and Kahane Chai Organizations.  In
September the authorities placed in administrative detention a
number of Israelis, because the Government was concerned that
they might commit terrorist acts.  One of those arrested is a
member of the IDF who is being tried by a military court.

The Governmemt continues to hold nearly half of the Palestinian
detainees from the occupied territories in detention centers in
Israel.  The transfer of prisoners from the occupied
territories to Israel contravenes article 76 of the Fourth
Geneva Convention (see Section 1.d. of the annex).

The Government acknowledges that it detains 11 Lebanese
citizens and has provided information on the whereabouts of all
but two of them.  The disposition of their cases appears linked
to government efforts to obtain information on Israeli military
personnel believed to be prisoners of war or missing in
Lebanon.  Another 12 Lebanese prisoners, who had been detained
after serving their sentences, are no longer in detention.

The Government does not exile Israeli citizens (see Section
1.d. of the annex).

     e.  Denial of Fair Public Trial

The judicial system is composed of civil, military, religious,
labor relations, and administrative courts.  The judiciary is
independent.  The law provides for the right to a hearing with
representation by counsel.  The right is observed in practice.
All nonsecurity trials are public except those in which the
interests of parties are deemed best served by privacy.

Security cases may be tried in either military or civil courts,
and may be partly or wholly closed to the public.  The Attorney
General determines the venue in such cases.  The prosecution
must justify closing the proceedings to the public.  Defendants
have the right to be represented by counsel even in closed
proceedings but may be denied access to some evidence on
security grounds.  Convictions may not be based on any evidence
denied to the defense.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

Although privacy of the individual and the home are generally
protected by law, authorities sometimes interfere with mail and
monitor telephone conversations.  In criminal cases, the law
permits wiretapping by court order; in security cases, the
order must be issued by the Ministry of Defense.  Under
emergency regulations, authorities may open and destroy mail on
security grounds.

     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts

See Section 1.g. of the annex.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

Individuals, organizations, the press, and the electronic media
freely debate public issues and criticize government officials
and policies.  The law authorizes the Government to censor any
material reported from Israel or the occupied territories
regarded as sensitive on national security grounds.  However,
news printed or broadcast abroad may be reported in Israel
without censorship.  In response to objections from the press,
the Government has shown greater flexibility regarding material
which may or may not be made public.

The Government censors Arabic publications more strictly than
Hebrew publications.  In August the Ministry of the Interior
closed the East Jerusalem weekly newspaper, Al-Bayan, because
of the paper's alleged connections with the terrorist group
Hamas.  Authorities also prohibited the distribution of the
PLO-affiliated Al-Awdah publication for several months.

Emergency regulations prohibit anyone from expressing support
for illegal organizations.  The Government occasionally
prosecutes persons for speaking or writing on behalf of
terrorist groups.  Such actions are almost always directed
against Israeli Arabs; no such cases were filed against Jews in
1994, but the Kach and Kahane Chai extremist organizations were
banned under provisions of a 1948 antiterrorism act (see
Section 2.b.)

All newspapers are privately owned and managed.  Newspaper
licenses are valid only for Israel; separate licenses are
required to distribute publications in the occupied
territories.  Directed by a Government appointee, the
quasi-independent Israel Broadcast Authority (IBA) controls
television channel 1 and "KOL Israel" radio, both major sources
of news and information.  Six cable companies operate under
franchises granted by councils appointed by the Government.
Three companies were awarded franchises in 1993 to start a
commercial television channel, Israel's first.  Privately
owned, commercial local radio is also gearing up.  Tenders for
the establishment of the first 6 of 17 planned local radio
stations have already been made.

     b.  Freedom of Peaceful Assembly and Association

The law and court rulings protect the rights of assembly and
association.  The Government may prohibit individuals from
belonging to terrorist groups.  After the Hebron massacre in
February, the Cabinet invoked the 1948 Ordinance for the
Prevention of Terror to ban the ultranationalist Kach and
Kahane Chai organizations.  The decision stipulated
imprisonment for anyone belonging to, or expressing support
for, either organization.

     c.  Freedom of Religion

This right is strongly protected by law.  Approximately 81
percent of Israeli citizens are Jewish.  Muslims, Christians,
Druze, and members of other minority religions make up the
remaining 19 percent.  Each recognized religious community has
legal authority over its members in matters of marriage and
divorce.  Secular courts have primacy over questions of
inheritance, but parties, by mutual agreement, may bring the
case to religious courts.

In the Jewish community, Orthodox religious authorities have
exclusive control over marriage, divorce, and burial, whether
the subjects are Orthodox Jews or not.  Some Conservative,
Reform, and secular Jews have objected to such authority.
Israeli authorities are not empowered to perform civil
marriages.

Missionaries are allowed to work in Israel.  According to the
Ministry of Justice, the Government has not applied a 1977
anti-proselytizing law for several years, which would prohibit
anyone from offering or receiving material benefits as an
inducement to conversion.

The Government permits citizens to visit religious sites or
perform religious obligations in Israel and abroad.  However,
it has prevented Muslim and Christian Palestinians from the
occupied territories from worshipping at holy places in East
Jerusalem (see Section 2.c. in the annex).  In 1994 the
Government permitted Muslim citizens over 30 years of age to
perform the religious pilgrimage to Mecca, but it denied
permission to Muslim citizens under 30 years of years of age on
security grounds.  The Government asserts that travel to Saudi
Arabia, which is still in a state of war with Israel, is a
privilege and not a right.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

Citizens have the freedom of movement except in military or
security zones or in instances where they may be confined by
administrative order to their neighborhoods or villages.  In
1994 the Government issued at least 40 orders limiting the
movements of some Jewish settlers in the occupied territories.

Citizens are free to travel abroad and to emigrate, provided
they have no outstanding military obligations or are not
restricted by administrative order.

The Government welcomes Jewish immigrants, their families, and
Jewish refugees, to whom it confers automatic citizenship and
residence rights under the Law of Return.  This law does not
apply to non-Jews or to persons of Jewish descent who have
converted to another faith.

Under the principle of family reunification, successive
Governments have allowed the return of some Arab refugees who
fled Israel in 1948-1949.  The Government claims that 100,000
Arabs were allowed to return to Israel after the 1949 armistice
agreement, but it has denied the great majority of other
requests.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change their Government

Citizens have the right and ability to change their government
peacefully.  Israel is a parliamentary democracy, with an
active multiparty system representing a wide range of political
views.  Relatively small parties, including those whose primary
support is among Israeli Arabs, regularly win seats in the
Knesset, or Parliament.  Suffrage is universal for adult
citizens.  Elections are by secret ballot.  There are no legal
impediments to the participation of women and minorities in
government, but they are underrepresented.  Eleven women, and 6
Arab and 2 Druze citizens serve in the 120-seat Knesset.  Two
women are in the Cabinet, and 2 Israeli Arabs are deputy
ministers.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

Local groups publicize human rights issues and litigate cases.
The Government is generally responsive to international human
rights groups and receives visits by a wide range of private
and international organizations concerned with human rights
such as Amnesty International, Middle East Watch, the Lawyers
Committee for Human Rights, the International Labor
Organization and others.  It hosts and works with a delegation
of the International Committee for the Red Cross.

Human rights offices at the Ministries of Foreign Affairs,
Defense, and Justice respond to inquiries from human rights
groups and other governments.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

The Equal Opportunity Employment Law prohibits discrimination
on the basis of sex, marital status, or sexual orientation.
The Labor Exchange Law prohibits discrimination on the basis of
race, religion, political beliefs, and age.  A general law
prohibits government bodies from practicing discrimination on
any of these grounds.

     Women

The Equal Opportunity Law requires employers to pay male and
female workers equal wages for equal work.  However, women's
advocacy groups report that women routinely receive lower
wages, are promoted less often, and have fewer career
opportunities than their male counterparts.

The adjudication of personal status law by the religious courts
means that women are subject to restrictive interpretations of
their rights regarding marriage and divorce (see Section
2.c.).  Women are subject to the military draft but may not
serve in combat positions.

There was heightened concern in 1994 over violence against
women.  Women's advocacy groups estimate that 13 women were
killed by their spouses during the year, and that as many as 40
Druze or Bedouin women may be killed each year by male
relatives for "family honor" offenses.  A survey conducted by
one women's group indicated that some 200,000 women suffer from
domestic violence each year, and that 7 per cent of these are
battered on a regular basis.

A special session of the Knesset was held on August 31 to
discuss violence against women.  The Government condemns such
violence and has helped to open 6 shelters for battered women
and has plans to open several others.

According to a 1991 law, a district or magistrate court may
prohibit access by violent family members to their property.
Women's groups cooperate with legal and social service
institutions to provide women's rights education.  There are 7
rape crisis centers.  In 1993, they received reports of 2,266
cases of rape.

     Children

The Government has a strong commitment to the rights and
welfare of children.  While there is no pattern of societal
abuse against children, the Government has legislated against
sexual, physical, and psychological abuse of children and has
mandated comprehensive reporting requirements to ensure close
attention to the issue.  Child prostitution has been reported
in isolated cases and has been promptly dealt with by
appropriate authorities.  The police, educational, and social
welfare officials are responsible for monitoring cases of abuse
and administer victim treatment programs.

Civil rights groups have expressed concern that female genital
mutilation continues to be practiced among the Bedouin in the
Negev region.  It is not known if the practice is common.

     National/Racial/Ethnic Minorities

The Government does not provide Israeli Arabs, who constitute
18 percent of the population, with the same quality of
education, housing, employment, and social services as Jews.
Relative to their numbers, Israeli Arabs are underrepresented
in the student bodies and faculties of most universities and in
higher level professional and business ranks.  A small number
of Israeli Arabs have risen to responsible positions in the
civil service, generally in the Arab departments of government
ministries.

The Government has tried to redress inequities in the
allocation of resources to Arab communities, but it
acknowledges that gaps remain in education, health,
infrastructure development, and public sector employment.  A
5-week strike by the heads of Arab councils ended in August
with agreement by the Ministries of Interior and Finance to
reduce the fiscal deficits of the Arab local authorities and
investigate discrimination in government funding for Arab
localities.

In practice, Israeli Arabs are not allowed to work in companies
with defense contracts or in security-related fields.  The
Israeli Druze and Circassian communities, at their initiative,
are subject to the military draft, and some Bedouin and other
Arab citizens serve voluntarily.  Apart from Druze and
Circassians, Israeli Arabs are not subject to the draft.
Consequently, they have less access than other Israelis to
those social and economic benefits for which military service
is a prerequisite or an advantage, such as housing,
new-household subsidies, and government or security-related
industrial employment.  Under a government policy whose
implementation began in January, the social security child
allowance for parents who have not served in the military will
be increased over a 3-year period to equal the allowance of
those who have served in the military.

The problem of the legal status of unrecognized Arab villages
remained unresolved in 1994.  Residents of the village of
Ramyah (see the 1991 and 1992 country reports) continued to
negotiate the future of their village.  A bill which would
allow the pre-1948 residents of the villages of Bir Am and
Ikrit, or their descendants, to rebuild their houses remains
before a Knesset legislative committee.

     Religious Minorities

In general the Government respects freedom of worship and
protects the rights of citizens of all creeds to worship
freely.  In civic areas where religion is a determinant
criterion, such as the religious courts and centers of
education, non-Jewish institutions routinely receive less state
support than their Jewish counterparts.  Immigration is
significantly easier for Jews than non-Jews.  The Government
generally respects and protects non-Jewish religious sites.

     People with Disabilities

The Government provides a range of benefits, including income
maintenance, housing subsidies, and transportation support for
disabled persons, who are about 10 percent of the population.
While the law provides for equal treatment for the disabled,
advocacy groups report continued difficulties with enforcement
in employment and housing.  A law requiring access by the
disabled to public buildings is not widely enforced.  There is
no law providing people with disabilities with access to public
transportation.