Press Release: Israel's New Detention Law Violates Rights of Asylum-Seekers

[Protest against migrant detention facilities. Image from amnesty.org] [Protest against migrant detention facilities. Image from amnesty.org]

Press Release: Israel's New Detention Law Violates Rights of Asylum-Seekers

By : Jadaliyya Reports

[The following press release was issued by Amnesty International on 11 January 2012.]

A new Israeli law allowing for automatic and lengthy detention of asylum-seekers is an affront to international law, Amnesty International said today. 

Early on Tuesday the Israeli parliament passed the “Prevention of Infiltration Law”, which mandates the automatic detention of anyone, including asylum-seekers, who enters Israel without permission. It is aimed at those entering via the Egyptian border. 

The law allows for all such detainees to be held without charge or trial for three or more years. People from countries considered “hostile” to Israel, including asylum-seekers from Darfur in Sudan, could be detained indefinitely.  

Children travelling with parents may also be subjected to the same prolonged detention.

“Passing and implementing this law flies in the face of Israel’s obligations under the 1951 Refugee Convention and other international human rights instruments,” said Ann Harrison, Amnesty International’s Interim Deputy Director for the Middle East and North Africa.  
 
“Israel has the right to protect its borders, but it does not have the right to abandon its international human rights obligations to asylum-seekers, refugees and migrants, or to criminalize them as ‘infiltrators’, which only fuels xenophobia and discrimination.” 

Together with many Israeli human rights NGOs, Amnesty International opposed the law in its draft form. It was promoted by the Netanyahu government and passed by a vote of 37 to 8 after an overnight debate. 

The Knesset’s legal advisor Eyal Yinon argued that the bill did not meet “minimum constitutional standards”. Legal challenges against the law are expected. 

Automatic and prolonged detention under the new law violates international standards, which demand that state authorities demonstrate that immigration detention is “necessary and proportionate” and based on detailed individual assessments. Detention should never be used as a punitive or deterrent measure, and irregular migrants and asylum-seekers should not be treated as criminals. 

An earlier draft of the bill would have criminalized any assistance to those considered “infiltrators”, which would have threatened Israeli human rights organisations and humanitarian groups. The legislation passed would only apply criminal penalties to those assisting people who were armed or engaged in trafficking people or drugs.

The “Prevention of Infiltration Law” is part of a larger Israeli strategy to deter asylum-seekers and migrants.  The government is planning new immigration detention facilities to hold thousands more people. 

“Many Israelis have a family history which includes asylum-seekers and refugees. This law is yet another betrayal of Israel’s international human rights obligations,” said Ann Harrison. 

“Instead, Israel should deal with asylum-seekers and undocumented migrants in keeping with its stated values and obligations. It should abandon plans to build more immigration detention facilities.” 

The 1951 Refugee Convention was drawn up following World War II in the wake of mass forced displacement of Jewish and other war refugees fleeing persecution. 

But historically, Israeli asylum procedures have not been fair, consistent or transparent. 

Since 2005, approximately 45,000 people have entered Israel via the Egyptian border to seek asylum, the majority of them Eritreans and Sudanese. For the past few years, Israel has barred Eritreans and Sudanese asylum-seekers outright from having their refugee claims heard, in blatant violation of the 1951 Refugee Convention, and has only granted refugee status to a handful of the thousands of applicants from other countries. 

Currently, most Eritrean and Sudanese asylum-seekers crossing from Egypt are detained for a few weeks before being released. 

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Past is Present: Settler Colonialism Matters!

On 5-6 March 2011, the Palestine Society at the School of Oriental and African Studies (SOAS) in London will hold its seventh annual conference, "Past is Present: Settler Colonialism in Palestine." This year`s conference aims to understand Zionism as a settler colonial project which has, for more than a century, subjected Palestine and Palestinians to a structural and violent form of destruction, dispossession, land appropriation and erasure in the pursuit of a new Jewish Israeli society. By organizing this conference, we hope to reclaim and revive the settler colonial paradigm and to outline its potential to inform and guide political strategy and mobilization.

The Israeli-Palestinian conflict is often described as unique and exceptional with little resemblance to other historical or ongoing colonial conflicts. Yet, for Zionism, like other settler colonial projects such as the British colonization of Ireland or European settlement of North America, South Africa or Australia, the imperative is to control the land and its resources -- and to displace the original inhabitants. Indeed, as conference keynote speaker Patrick Wolfe, one of the foremost scholars on settler colonialism and professor at La Trobe University in Victoria, Australia, argues, "the logic of this project, a sustained institutional tendency to eliminate the Indigenous population, informs a range of historical practices that might otherwise appear distinct--invasion is a structure not an event."[i]

Therefore, the classification of the Zionist movement as a settler colonial project, and the Israeli state as its manifestation, is not merely intended as a statement on the historical origins of Israel, nor as a rhetorical or polemical device. Rather, the aim is to highlight Zionism`s structural continuities and the ideology which informs Israeli policies and practices in Palestine and toward Palestinians everywhere. Thus, the Nakba -- whether viewed as a spontaneous, violent episode in war, or the implementation of a preconceived master plan -- should be understood as both the precondition for the creation of Israel and the logical outcome of Zionist settlement in Palestine.

Moreover, it is this same logic that sustains the continuation of the Nakba today. As remarked by Benny Morris, “had he [David Ben Gurion] carried out full expulsion--rather than partial--he would have stabilised the State of Israel for generations.”[ii] Yet, plagued by an “instability”--defined by the very existence of the Palestinian nation--Israel continues its daily state practices in its quest to fulfill Zionism’s logic to maximize the amount of land under its control with the minimum number of Palestinians on it. These practices take a painful array of manifestations: aerial and maritime bombardment, massacre and invasion, house demolitions, land theft, identity card confiscation, racist laws and loyalty tests, the wall, the siege on Gaza, cultural appropriation, and the dependence on willing (or unwilling) native collaboration and security arrangements, all with the continued support and backing of imperial power. 

Despite these enduring practices however, the settler colonial paradigm has largely fallen into disuse. As a paradigm, it once served as a primary ideological and political framework for all Palestinian political factions and trends, and informed the intellectual work of committed academics and revolutionary scholars, both Palestinians and Jews.

The conference thus asks where and why the settler colonial paradigm was lost, both in scholarship on Palestine and in politics; how do current analyses and theoretical trends that have arisen in its place address present and historical realities? While acknowledging the creativity of these new interpretations, we must nonetheless ask: when exactly did Palestinian natives find themselves in a "post-colonial" condition? When did the ongoing struggle over land become a "post-conflict" situation? When did Israel become a "post-Zionist" society? And when did the fortification of Palestinian ghettos and reservations become "state-building"?

In outlining settler colonialism as a central paradigm from which to understand Palestine, this conference re-invigorates it as a tool by which to analyze the present situation. In doing so, it contests solutions which accommodate Zionism, and more significantly, builds settler colonialism as a political analysis that can embolden and inform a strategy of active, mutual, and principled Palestinian alignment with the Arab struggle for self-determination, and indigenous struggles in the US, Latin America, Oceania, and elsewhere.

Such an alignment would expand the tools available to Palestinians and their solidarity movement, and reconnect the struggle to its own history of anti-colonial internationalism. At its core, this internationalism asserts that the Palestinian struggle against Zionist settler colonialism can only be won when it is embedded within, and empowered by, the broader Arab movement for emancipation and the indigenous, anti-racist and anti-colonial movement--from Arizona to Auckland.

SOAS Palestine Society invites everyone to join us at what promises to be a significant intervention in Palestine activism and scholarship.

For over 30 years, SOAS Palestine Society has heightened awareness and understanding of the Palestinian people, their rights, culture, and struggle for self-determination, amongst students, faculty, staff, and the broader public. SOAS Palestine society aims to continuously push the frontiers of discourse in an effort to make provocative arguments and to stimulate debate and organizing for justice in Palestine through relevant conferences, and events ranging from the intellectual and political impact of Edward Said`s life and work (2004), international law and the Palestine question (2005), the economy of Palestine and its occupation (2006), the one state (2007), 60 Years of Nakba, 60 Years of Resistance (2009), and most recently, the Left in Palestine (2010).

For more information on the SOAS Palestine Society 7th annual conference, Past is Present: Settler Colonialism in Palestine: www.soaspalsoc.org

SOAS Palestine Society Organizing Collective is a group of committed students that has undertaken to organize annual academic conferences on Palestine since 2003.

 


[i] Patrick Wolfe, Settler Colonialism and the Transformation of Anthropology: The Politics and Poetics of an Ethnographic Event, Cassell, London, p. 163

[ii] Interview with Benny Morris, Survival of the Fittest, Haaretz, 9. January 2004, http://cosmos.ucc.ie/cs1064/jabowen/IPSC/php/art.php?aid=5412