Source: The Independent
http://news.independent.co.uk/world/middle_east/article484122.ece


'Racist' marriage law upheld by Israel



Israel's High Court has narrowly upheld a law denying
Palestinians 
from the West Bank and Gaza married to Israeli
citizens the right to 
live in the country with their spouses.

The judges voted by six to five not to cancel a
four-year-old 
amendment to the Citizenship Law which outlaws "family
unification" 
in Israel between Palestinians and Arab citizens of
Israel.

It was passed as a one-year emergency measure in 2002
on the ground 
that it was needed to protect Israeli security. But
the amendment, 
described yesterday by the Knesset member Ran Cohen,
of the left-wing 
Meretz party, as "rooted in racism", has been renewed
every year since 
then.

Israel's Chief Justice, Aharon Barak, sided with the
minority on the 
bench, declaring: "This violation of rights is
directed against Arab 
citizens of Israel. As a result, therefore, the law is
a violation of 
the right of Arab citizens in Israel to equality."

Muad el-Sana, an Israeli Arab lawyer who is married to
a Palestinian 
woman from the West Bank town of Bethlehem and works
for Adalah, one 
of the agencies bringing the case, declared: "This is
a very black 
day for the state of Israel and also a black day for
my family and 
for the other families who are suffering like us. The
government is 
preventing people from conducting a normal family life
just because 
of their nationality."

Wile the court had granted el-Sana's wife, Abir, a
university 
lecturer, a temporary injunction preventing her
deportation, Mr 
el-Sana said the high court's ruling would make it
almost impossible 
for the couple and their two children, aged 2 years
and five months, 
to continue living together. Their individual petition
said that he 
has no right to live in Bethlehem and she has no right
to live with 
her husband in the Negev.

Mohammed Barakeh, a prominent Arab Knesset member on
Sunday said the 
ruling " gives racism a shady alibi." He added: "The
fact that the 
ruling was opposed by several of the judges is a ray
of light that 
does not illuminate the darkness of the court's
decision and the 
Knesset's legislation."

Official figures show that of 22,000 applications for
such 
reunification since the Oslo accord in the mid 1990s
only 6000 have 
been granted. Adalah said yesterday that the state had
said that it 
had interrogated only 25 of these "for alleged
involvement in 
terrorist activities" and that the state anyway had
ample capacity to 
carry out security checks during the staged process
towards legal 
status. Adalah said last night that in 1980, at the
height of 
apartheid, a South African court had refused to
approve orders 
similar to the present Israeli law "because they
contradicted the 
right to a family."

Last year the then Interior Minister Ophir Pines-Paz
slightly 
modified the law by widening ministerial discretion to
award legal 
status to Palestinian spouses. Yesterday Haim Ramon,
Israel's Justice 
Minister, indicated he would be seeking to recast the
law to apply 
equally to all ethnic groups but warned that no
country was obliged 
to admit citizens form an authority with which it was
in conflict. He 
added: "We have to remember that this law was
legislated during the 
Palestinian uprising, when several people who received
citizenship 
through family unification carried out attacks."

The outgoing judge Michael Cheshin, who voted with the
majority, said 
during a debate in February: "The Palestinian
Authority is an enemy 
government, a government that wants to destroy the
state and is not 
prepared to recognize Israel... Why should we take
chances during 
wartime? Did England and America take chances with
Germans seeking 
their destruction during the Second World War? No one
is preventing 
them from building a family but they should live in
Jenin instead of 
in [the Israeli Arab city of] Umm al-Fahm."

* The Israeli army said it had killed at least seven
Palestinian 
militants in the West Bank yesterday. One of the men
killed was Elias 
Al Ashkar, blamed for suicide attacks including the
one in Tel Aviv 
on 17 April which killed 11.

> 


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