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TITLE: ISRAEL/OCCUPIED TERRITORIES HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
ISRAEL AND THE OCCUPIED TERRITORIES*
Israel is a parliamentary democracy with a multiparty political
system and free elections. There is no constitution, but a
series of basic laws defines the responsibilities of government
institutions. The legislature (The Knesset) can limit the
government and force its dissolution. Although Israel has an
independent judiciary, the Supreme Court, with few exceptions,
has sided with the Government on policy issues of land and
security, especially in the occupied territories. Public
debate on issues of concern to Israelis is open and lively. A
vigorous free press scrutinizes all aspects of Israeli life and
politics.
Since Israel's founding in 1948, it has been in a formal state
of war with most of its Arab neighbors, except Egypt, with
which it concluded a peace treaty in 1979. 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 as a state, Israel experienced
numerous terrorist incidents, within and outside its borders.
Israel has relied heavily on its military and security services
and has retained many security-related emergency regulations
from the preindependence British mandate period.
On September 13, Israel and the Palestine Liberation
Organization (PLO) signed an historic Declaration of Principles
relating to a transfer of authority from Israel to an interim
Palestinian authority. The Declaration lays out a timetable
for Israeli withdrawal from the Gaza Strip and the West Bank
city of Jericho, scheduled to be completed in the first quarter
of 1994. In addition, the Declaration calls for redeployment
of Israeli security forces away from populated areas in the
West Bank as early as July 1994, which is the target date for
the election of a Palestinian council and for the dissolution
thereafter of the Israeli military-backed Civilian
Administration (CIVAD), which has governed daily life in the
occupied territories since 1981. Israel is to continue to
control external security, internal security and public order
*Because the legal status and the political and human rights
conditions of the West Bank, Gaza, and East Jerusalem differ
sharply from those in Israel, the situation in those
territories is dealt with in a separate report following the
report for Israel.
in Israeli settlements, foreign relations, and certain other
areas until an agreement on permanent status is achieved.
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
separate minister. The Israel Defense Forces (IDF), which
include a significant portion of the Israeli adult population
in either active duty or reserve status, also play a role in
maintaining internal security. The IDF is under the authority
of a civilian Minister of Defense. The Knesset Foreign Affairs
and Defense Committee reviews the activities of the IDF and the
Shin Bet.
Israel has a developed market economy. While there is
substantial government regulation, intervention, and ownership
in the economy, the Government is moving in the direction of
reducing state involvement in it. Israel enjoys a relatively
high standard of living.
Positive human rights developments, in addition to the
ramifications of the September signing of the Israeli-PLO
agreement (see report on the occupied territories), included
the Knesset's action to eliminate restrictions placed upon
membership in or contact with the PLO and court decisions that
limited house demolition orders and expanded prisoner rights.
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 declared intention has been to close the social
and economic gap between the Arab and Jewish sectors of the
population within Israel, Israel's Arab citizens still do not
share fully in the rights granted to, and the levies imposed
on, Jewish citizens. However, in 1993 the Government began
seriously to address imbalances in resource allocations to the
Arab sector, especially in education and infrastructure
development.
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
sanctioned by Israeli authorities. In the context of the
extreme political tension between Israel and the Palestinians,
intercommunal killings are often assumed to have political
motivation. In 1993 authorities ascribed the murders of at
least 16 Israelis in Israel to Arab nationalist motivations.
In the wake of several killings and stabbings of Israelis by
Palestinians from the occupied territories, the Government in
March imposed a closure on the occupied territories, sealing
off indefinitely the West Bank and Gaza from Jerusalem and
Israel. This action resulted in restrictions on the numbers of
Palestinians able to work in Israel and travel to Jerusalem.
b. Disappearance
There were no reports of government-condoned disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Although Israeli laws and administrative regulations prohibit
such practices, there are credible reports of abuses of
Palestinian detainees. (See the occupied territories report
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 operated by one of three authorities, the Israeli Prison
Service (IPS), the national police, and the Israel Defense
Forces. Although the conditions vary greatly among the
facilities, all are monitored by various branches of the
Israeli Government and members of the Knesset, the
International Committee of the Red Cross, 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. 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. In general, however, the most severe problem
in all facilities is overcrowding, even among facilities run by
the IPS.
IPS prisons conform to general international standards which
permit inmates to receive mail, have televisions in their
cells, and receive regular visits. Prisoners can receive wages
for prison work and benefits for good behavior. Many IPS
prisons have religious and drug-free wards and educational and
recreational programs.
Police detention facilities are intended for short stays prior
to trial, but due to chronic overcrowding and slow scheduling
for court dates, police detention facilities can become de
facto jails for several months. Inmates in these centers
frequently are not accorded the same rights and living
conditions as prisoners in the regular IPS facilities, and some
of these can fall below generally accepted minimum
international standards. For example, the Abu Kabir police
detention facility in Jaffa has approximately 562 inmates for
466 beds. Prisoners awaiting transfer can be confined for
months under these conditions. One U.S. citizen has been
confined in a cell with 11 prisoners and 8 beds. He was unable
to bathe for over a week. Violence is common in the Abu Kabir
facility with weapons made by prisoners from such items as bed
legs, spoons, and pens. There were also reports of mixing
juveniles with adults as well as pretrial offenders with
convicted prisoners.
Prison conditions in the IDF detention camps, which are limited
to male Palestinian security prisoners and are guarded by armed
soldiers, do not meet minimum international standards and
threaten the health of the inmates. The camps use unheated
outdoor tents even in severe weather conditions, mix minors and
adult prisoners, restrict family visits, and contain minimal
recreational facilities. Poor health care in Ketziot prison
has resulted in a petition, filed before the High Court in
September by a human rights organization composed of medical
professionals, to close the camp unless medical conditions are
improved. According to the Government, the petition concerning
Ketziot, due to be heard at the end of the year, was postponed
to March 1994.
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,
administrative detention with no formal charge or trial is
permitted under a 1979 law. The Minister of Defense may issue
a detention order for a maximum of 6 months. Within 48 hours
of issuance of such an order, a detainee must be brought before
a district judge. The process of review to confirm, shorten,
or overturn a detention order must be carried out as quickly as
possible, and, if the order is confirmed, an automatic review
must take place after 3 months. Administrative detention
orders are renewable. The detainee may be represented by
counsel and may appeal to the Supreme Court. The Government
may withhold evidence from the detainee and counsel on security
grounds. According to the Ministry of Justice, no Israeli
citizens were held in administrative detention in 1993. Israel
continued to hold most Palestinian administrative detainees
from the occupied territories in detention centers inside
Israel. The transfer of prisoners from the occupied
territories to Israel contravenes Article 76 of the Fourth
Geneva Convention. (For a full discussion of administrative
detention, see the separate report on the occupied territories.)
A judge of a district court may, in cases involving a felony,
permit the postponement of notification of an attorney of the
arrested person. This period normally cannot exceed 48 hours.
It may, however, be extended for a total of 7 days when the
Minister of Defense has certified in writing that national
security requires the arrest to be kept secret or if the
Inspector General of Police certifies in writing that secrecy
is required in the interest of the investigation. The law also
allows an extension of up to 15 days in cases involving certain
security offenses, such as espionage.
The whereabouts of 10 Lebanese detainees is not known,
according to human rights groups. The Government of Israel
acknowledges holding the 10, but the disposition of their
cases, as well as those of 12 Lebanese prisoners who have
served their sentences, appears to be linked to Israeli efforts
to obtain definitive information on the fate of Israeli
prisoners of war and others missing in action in Lebanon.
Israel does not exile its citizens. (See the separate report on
the occupied territories for discussion of deportations).
e. Denial of Fair Public Trial
There are both civil and military courts in the judicial
system. There are also religious courts, labor relations
courts, and other administrative tribunals. Although the
judiciary is independent, the Israeli Supreme Court has, with
rare exceptions, sided with the Government on policy issues of
land and security, especially in the occupied territories.
According to human rights lawyers, in the few instances the
court has ruled in favor of individuals it has been on
procedural grounds. The right to a hearing by an impartial
tribunal with representation by counsel is guaranteed by law
and observed in practice. All nonsecurity trials are open
except for those in which the interests of parties are deemed
best served by privacy. Security cases may be tried before a
military court or a civil court and may be partly or wholly
closed to the public. The Attorney General determines whether
a security case is tried before a military or civil court.
The prosecution must justify nonpublic proceedings. Defense
counsel is present, even during closed proceedings, but may be
denied access to some evidence on security grounds. In
security cases in which access to some evidence is denied, that
evidence may not be used to convict a defendant.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Although privacy of the individual and the home are generally
protected by law within Israel, interference with mail and the
tapping of telephones are practiced in some cases. Israeli law
permits wiretapping by court order in criminal cases; in
security cases the order must be issued by the Ministry of
Defense. Emergency regulations permit mail to be stopped,
opened, and even destroyed on security grounds.
g. Use of Excessive Force and Violations of Humanitarian
Law in Internal Conflicts
(See the separate reports on the occupied territories and
Lebanon for discussions of excessive use of force.)
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although individuals, organizations, the press, and the
electronic media freely debate a wide range of public issues
and criticize government officials and policies, emergency
regulations authorize censorship and outlaw statements and
written materials that express or encourage support for illegal
organizations. Publications and domestic or foreign press
articles dealing with security-related matters must be
submitted to the military censor. Arabic-language publications
and press are censored more strictly than Hebrew-language
equivalents. In 1993 the Supreme Court rescinded a closure
order against the Arabic-language newspaper With the People.
The newspaper had been closed because its editor was the former
editor of another publication that had been closed for inciting
its readers to action against the State and the IDF. No other
Arabic-language newspapers were closed in 1993.
The Government occasionally initiates prosecution for
statements or writings on behalf of terrorist organizations;
such action is almost always directed against Israeli Arabs.
The Government asserts that at various times it has prosecuted
Jewish individuals and groups for inflammatory statements and
writings. No cases were filed against Jews in 1993, but
investigations into statements made by members of the Kach and
Kahane Chai, ultranationalist extremist organizations, are
currently under way. In 1992 the poet Shafiq Habib received a
suspended sentence carrying a stipulation that he not engage
again in the type of activity of which he was accused and a
3-year probationary period as well as a fine for violating the
1949 Antiterror Act which bans the publication of statements
praising, supporting, or encouraging any acts of violence that
could lead to personal injury or death. Habib had published
poems in 1990 which, according to government officials, praised
the revolutionary aspect of the Intifada. In 1993 Habib was
acquitted of these charges by a district court on appeal, and
the High Court has refused to review the case.
All newspapers are privately owned and managed. Newspaper
licenses are valid only for Israel; to distribute publications
inside the occupied territories, separate licenses are
required. The quasi-independent Israel Broadcast Authority,
whose director is appointed by the Government, retains
significant control over electronic media. There are now six
cable companies operating in Israel under franchises granted by
cable councils whose members are appointed by the Government.
Three companies were awarded franchises in 1993 to start a
second television channel which has brought commercial
television to Israel for the first time.
b. Freedom of Peaceful Assembly and Association
The law and court rulings protect the rights of Israelis to
assemble and associate. In 1993 the Knesset repealed the 1986
amendment to the Prevention of Terrorism Ordinance under which
Israelis were prohibited from membership in, or contact with,
outlawed organizations, primarily the Palestine Liberation
Organization, its subdivisions, or its individual members.
c. Freedom of Religion
Israeli law provides strong guarantees of freedom for all
faiths. Approximately 82 percent of Israeli citizens are
Jewish. Muslims, Christians, and Druze, and members of other
minority religions make up the remaining 18 percent. Each
recognized religious community in Israel 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.
Orthodox religious authorities have exclusive control over
marriage, divorce, and burial in all sectors of the Jewish
community, whether or not they are Orthodox.
Missionaries are allowed to work in Israel. According to the
Justice Ministry, the Government has not applied a 1977
antiproselytizing law, prohibiting the offering and receipt of
material benefits as an inducement to conversion, against any
individuals or organizations for several years.
Travel to visit religious sites or perform religious
obligations in and outside Israeli is widely permitted. (See
separate report on the occupied territories on denial of rights
of Muslim and Christian Palestinians to worship at holy
places.) In 1993 Israel approved the pilgrimage to Mecca (for
both the hajj and the umra) of over 4,000 Israeli Muslims.
However, for security reasons, the Government forbids
participation in the hajj by males under 30 years of age. The
Government asserts that travel to Saudi Arabia, a country
formally still in a state of war with Israel, is a privilege
and not a right for Israeli Muslims. In 1993 the Government
welcomed the visit of 192 Libyan pilgrims to Muslim holy sites
in Jerusalem.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Israeli citizens may move freely within Israel except in
military or security zones or in cases where they may be
confined to their neighborhood or village by administrative
order under emergency regulations. Israeli citizens are free
to travel abroad and to emigrate, provided they have no
outstanding military obligations or are not restricted by
administrative order.
Israel welcomes Jewish immigrants and family members, including
Jewish refugees, to whom it gives automatic citizenship and
residence rights under the Law of Return. It accepts the
return of Jewish Israeli citizens who have emigrated. The Law
of Return does not apply to Israeli Arabs or to persons of
Jewish descent who have converted to another faith. Under the
principle of family reunification, Israel has allowed the
return of a few 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 has rejected the
great majority of requests by such refugees to return. Israel
offered temporary haven to 100 Bosnian Muslims, victims of the
civil strife in their country.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Israeli citizens have the right and ability to change their
government peacefully. Israel is a parliamentary democracy,
with a multitude of parties 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. All adult Israeli citizens have the
right to participate in the political process and to vote by
secret ballot. According to official figures, 77.4 percent of
Israeli citizens over the age of 18 voted in the 1992
parliamentary elections.
Two women serve as Cabinet ministers, and there are 11 women in
the Knesset. Two Arab Israelis serve as deputy ministers in
the current Cabinet. There are 6 Arab members (and 2 Druze
members) in the 120-member Knesset.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Private Israeli organizations are active in publicizing and
litigating human rights issues and cases. Israel is generally
responsive to international and nongovernmental interest in its
human rights situation and treats seriously responsible
challenges to its human rights practices.
Human rights groups may litigate general questions of law or go
before the courts on clients' behalf. Israel permits regular
visits by a wide range of private and international
organizations concerned with human rights such as Amnesty
International (AI), Middle East Watch, the Lawyers Committee
for Human Rights, the International Labor Organization (ILO),
and others. It hosts and works with a delegation of the
International Committee for the Red Cross (ICRC).
The Justice Ministry has a human rights office which responds
to human rights inquiries, and the Government has designated
specific points of contact within the Ministries of Defense and
Foreign Affairs to prepare responses to human rights inquiries
from foreign governments, international bodies, and human
rights organizations.
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. In 1993 a new law
was passed that prohibited discrimination in unemployment
compensation benefits paid to elderly female citizens.
However, women's advocacy groups, which are very active in
Israel, report that women routinely receive lower wages, are
promoted less often, and benefit from fewer career
opportunities than male counterparts.
Domination of personal status law by religious courts means
that women are subject to restrictive interpretations of their
rights in such crucial areas as marriage and divorce. In 1993
common law spouses were entitled to take the family names of
their partners, helping to mitigate problems faced by unmarried
couples. In 1993 women's groups stepped up their protest of
the rabbinical authorities' refusal to require husbands to
grant divorces to a number of women claiming marital abuse or
neglect.
Women are drafted into the IDF but do not serve in combat
positions.
The Government asserts it condemns violence against women, and
the subject is being dealt with on an ongoing basis. The
courts in Israel deal with persons convicted of violence,
including violence against women. In 1991 the Government
passed the Law for the Prevention of Family Violence, which
allows legal authorities to act expeditiously to ban violent
family members' access to property. In the last 2 years,
enforcement of the law has improved markedly as women's groups
cooperate with legal and social service institutions to educate
primarily women about their rights under this law. Women's
groups and the Government have collaborated on opening seven
shelters for battered women, while the women's movement Na'amat
operates four counseling centers for battered women. Women's
groups also lobby for higher conviction rates and harsher
sentences for men accused of perpetrating violent acts,
including rape, against women. Government and advocacy groups
estimate that at least 10 percent of Israeli women over the age
of 15 are liable to experience violent attacks.
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 assure close
attention to the issue. Prostitution involving
children--mostly adolescents--has been reported in isolated
cases and has been promptly dealt with by appropriate
authorities. A combination of police and educational and social
welfare officials are charged with monitoring cases of abuse
and administering government programs to treat the victims.
National/Racial/Ethnic Minorities
Israeli Arabs, who constitute 18 percent of the population, are
not provided with the same quality of education, housing,
employment, and social services as Israeli Jews. For security
reasons, Israeli Arabs are not allowed to work in companies
with defense contracts or in security-related fields. In 1993
the Government moved to redress inequities in resource
allocations to Arab sectors but acknowledges that gaps remain
in a number of areas, including education, health,
infrastructure development, and public sector employment. The
Sheves Plan, adopted in 1993, for the first time recognized
Arab municipalities as developmental areas, entitling them to
government benefits. The new policy now recognizes the
geographical, rather than the ethnic, basis of an area as the
main determinant of eligibility for priority government funding.
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. The
Arabic-speaking community has access to local and foreign
Arabic press, publications, and media. The Israeli Druze and
Circassian communities, at their initiative, are subject to
Israel's military draft, and some Bedouin and other Arabs serve
voluntarily. Other than Druze and Muslim but non-Arab
Circassians, Israeli Arabs are not subject to the draft.
Consequently, they have less access than do other Israelis to a
variety of social and economic benefits for which military
service is a prerequisite or an advantage, including housing
and new-household subsidies and government or security-related
industrial employment. The Government has decided to award
national insurance equally to veterans of the IDF and those who
have not served in the army. The Government has also
determined that, within a 3-year period starting in 1994, it
will bring social security child bonus allowances for parents
who have not served in the army in line with those for parents
who have. The Government asserts that it maintains an open
door policy with respect to Israeli Arabs who volunteer for
military service and that hundreds of Muslim and Christian
Arabs are voluntarily inducted into the IDF and serve in
various units, including the infantry, armored corps, and
paratroopers. Parts of the Israeli Arab community have
objected to the idea of alternative national service.
The problem of the legal status of unrecognized Arab villages
remained unresolved in 1993. The Government promised to study
the situation of the villages but offered no solutions.
Residents of the village of Ramyah (see the 1991 and 1992
country reports) continued to negotiate the future of their
village after the Government stayed an order of eviction
against them in 1992. A private member's bill before the
Knesset proposing that the pre-1948 residents of the villages
of Bir Am and Ikrit or their descendants be permitted to
rebuild their houses there has passed a first reading and has
now been referred to a Knesset committee for preparation of the
law for its second and third readings.
Religious Minorities
In general the Government respects freedom of religion and
protects the rights of citizens of all creeds to worship
freely. In those civic areas where religion is a determinant
criterion--primarily religious courts and religious centers of
education--non-Jewish institutions routinely receive less state
support than Jewish counterparts. Immigration to Israel is
significantly easier for those who are Jewish than for
non-Jews. The Government generally respects and protects
non-Jewish religious sites. Muslim organizations continue to
demand that cemeteries and an unused mosque in Beersheba be
protected. In 1993 the Government allowed Libyan pilgrims to
visit Jerusalem and encouraged the attendance of Syrian and
Lebanese Druze at the funeral of the sect's religious leader in
northern Israel. At year's end, Arabs in the city of Jaffa
were trying to prevent the building of housing units over a
Muslim cemetery in Kfar Shalem. The High Court turned down an
appeal by Jaffa's supreme Islamic committee which had argued
that the land in question had been illegally acquired by a
joint government/municipality building company.
People with Disabilities
The Government provides a range of benefits, including income
maintenance, housing subsidies, and transportation support, for
the approximately 10 percent of the Israeli population who have
disabilities. While the law provides for equal treatment of
disabled persons, advocacy groups report continued difficulties
with enforcement in the areas of employment and housing. The
law also requires public buildings to provide complete access
for disabled persons, but it is not widely enforced. There is
no law providing for access to public transportation.
Section 6 Worker Rights
a. The Right of Association
Israeli workers may join freely established organizations of
their own choosing. Israeli Arabs are free to form their own
unions but have not done so. Most unions belong to the General
Federation of Labor in Israel (Histadrut) or to a much smaller
rival federation and are independent of the Government,
although a majority of the elected union leadership is
identified with the Labor Party and a significant Likud Party
minority. About 60 percent of the work force, including
Israeli Arabs, are members of the Histadrut trade unions, and
an additional 15-20 percent are covered by Histadrut's social
and insurance programs and collective bargaining agreements.
Histadrut members democratically elect national and local
officers and officials of its affiliated women's organization,
Naamat, from political party lists. Plant or enterprise
committee members are elected individually.
The right to strike is exercised regularly. A 15-day notice
prior to a strike or a lockout is legally mandated unless
otherwise specified in the collective bargaining agreement, but
unauthorized strikes also occur. Strike leaders--even those
organizing illegal strikes--are protected by law. If essential
public services are affected, the Government may appeal to
labor courts for back-to-work orders while negotiations
continue. The Government had recourse to this right during a
2-week general strike in the public sector in July. Other
strikes in 1993 were concentrated in the health and public
sectors.
Unions freely exercise their right to form federations and
affiliate internationally. The lifting of the Israeli ban on
contacts with the PLO and the signing of the Declaration of
Principles have led to the beginning of an informal dialog
between Histadrut and the representatives of Palestinian trade
unions in the occupied territories on issues of mutual
interest. Nonresident workers, including the approximately
52,000 nonresident Palestinians from the West Bank and Gaza
currently working legally in Israel, may not be members of
Israeli trade unions and thus may not belong to union health
systems or participate in union elections or other activities.
Palestinian workers may not organize their own trade unions
within Israel. Palestinian trade unions in the occupied
territories are not permitted to operate in Israel. However,
nonresident workers in the organized sector, including
Palestinians from the occupied territories, are entitled to
Histadrut contract and grievance protection and may join, vote
for, and be elected to shop-level workers' committees if their
numbers in individual establishments exceed a minimum
threshold. Palestinian participation in such committees is
minimal. Labor laws applicable in Israel also apply to
Palestinians in east Jerusalem and Syrian Druze on the Golan
Heights (see the occupied territories report for discussion of
worker rights in east Jerusalem and the West Bank and Gaza.)
b. The Right to Organize and Bargain Collectively
Israelis fully exercise their legal right to organize and
bargain collectively. While there is no law specifically
prohibiting antiunion discrimination, the basic law against
discrimination could be cited to contest discrimination based
on union membership. No antiunion discrimination has been
reported. Nonresident workers may not organize on their own or
bargain collectively but are entitled to representation by the
bargaining agent and the protection of collective bargaining
agreements. They do not pay union membership fees but pay a
1-percent agency fee which entitles them to union protection by
Histadrut's collective bargaining agreements. Israelis fully
exercise their legal right to organize and bargain
collectively. The Ministry of Labor can and does extend
collective bargaining agreements in one sector to nonunionized
workplaces in the same sector. The Ministry of Labor also
oversees personal contracts and wage arrangements in
unorganized sectors of the economy.
There are currently no export processing zones, although a
government bill authorizing creation of such zones has been
approved by the Cabinet and is currently pending in the
Knesset. The city of Eilat is a duty-free area in which all
relevant Israeli labor laws apply.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, and neither
Israeli citizens nor nonresident Palestinians working in Israel
are subject to such practices.
d. Minimum Age for Employment of Children
By law, children under age 15 may not be employed.
Schoolchildren aged 15 may not be employed without special
permission except as apprentices or during school vacations.
Employment of those aged 16 to 18 is restricted to ensure time
for rest and education. Israeli labor exchanges do not process
work applications for West Bank or Gaza Palestinians under age
17, and often higher age requirements are imposed for security
reasons. Ministry of Labor Inspectors enforce these laws, but
advocates of children's rights charge that enforcement is lax,
especially in smaller, unorganized workplaces.
e. Acceptable Conditions of Work
Legislation in 1987 established a minimum wage at 45 percent of
the average wage, calculated periodically and adjusted for cost
of living increases. As of August 1993, the minimum wage was
about $499 (NIS 1396.77) per month. The Ministry of Labor is
charged with enforcing minimum wage regulations. In 1993 the
Government increased resources available to tighten the
enforcement of minimum wage legislation but continued to
identify this as a problem. The minimum wage is often
supplemented by special allowances and is generally sufficient
to provide workers and their families an acceptable standard of
living.
By law, maximum hours of work at regular pay are 47 hours per
week, 8 per day, and 7 the day before the weekly rest, which
must be at least 36 consecutive hours and include the Sabbath.
By national collective agreements, the private sector
established a maximum 45-hour workweek in 1988, while the
public sector moved to a 5-day, 42-1/2 hour workweek in 1989.
Along with union representatives, the Labor Inspection Service
enforces labor, health, and safety standards in the workplace,
although resource constraints affect overall enforcement.
Legislation protects the employment rights of safety delegates
elected or appointed from among the employees of an enterprise
and charged with overseeing, in conjunction with management,
the overall safety and health of the work force. Workers do
not have the legislated right to remove themselves from
dangerous work situations without jeopardy to continued
employment. However, collective bargaining agreements in some
sectors provide the worker with recourse through the work site
labor committee. In addition, any worker may challenge unsafe
work practices through appropriate government oversight and
legal agencies.
For the first 3 months of 1993, the Government continued to
enforce restrictions on West Bank and Gazan workers imposed in
the aftermath of the 1991 Gulf war requiring employers to
register all Palestinian employees with government agencies and
requiring all Palestinian workers seeking employment in Israel
to qualify for a government-issued "magnetic card" which
permits access to Israel and also serves as a work permit. In
late March, after a series of attacks against Israelis, the
Government closed access to Israel from the occupied
territories. The Government gradually applied new occupational
quotas, stricter criteria regarding age and marital status, and
additional security checks for Palestinians seeking to work in
Israel. In the succeeding months, these criteria were
gradually relaxed but not removed. As a result the number of
workers from the occupied territories employed through the
Israeli employment service labor exchanges fell from 74,000 in
February to 8,500 in mid-April before rising to 52,000 by
December. (The latter figure excludes Palestinians working in
Jerusalem, transportation services, or diplomatic missions.)
Prior to the March closure of the territories, an estimated
30,000 to 40,000 unregistered workers from the occupied
territories entered Israel to work. Government officials
estimated in December that between 10,000 and 15,000
unregistered Palestinian workers were employed in Israel. All
workers from the territories are employed on a daily basis and,
unless they are employed on shiftwork, are not authorized to
spend the night in Israel. Police carry out identity checks of
Palestinians found outside the workplace and arrest and fine
those without valid work permits.
Palestinians working in Israel are technically covered by the
laws and collective bargaining agreements that cover Israeli
workers, including minimum wage, sick leave, severance pay,
paid vacations, and pensions administered by the Ministry of
Labor and Social Affairs. However, it is widely believed that
most Palestinian workers do not receive the full benefits to
which they are entitled under these laws and agreements. In
return for their NII contributions, Palestinian workers receive
some of the benfits Israeli workers receive but do not have
access to unemployment insurance, general disability payments,
low-income supplements, child allotments or maternity leave,
all of which are provided to Israeli workers. In 1993 the
Government made public for the first time parts of the civil
administration budget relating to programs carried out in the
occupied territories.
Palestinians working in Israel are paid through the employment
service of the Labor Ministry, which receives their wages and
benefits from employers and pays the recipient after deducting
taxes, a 1-percent union fee, and contributions to the National
Insurance Institute (NII). The same percentage (5.35 percent)
for NII contributions is deducted from the pay of legally hired
Palestinians and from Israeli workers. In return for their NII
contributions, Palestinian workers receive some, but not all,
of the benefits Israeli workers receive. Because of these
restrictions, only 1.2 percent of Palestinian workers' pay goes
to the NII. The remaining 4.15 percent is nonetheless deducted
from their pay in order to equalize the labor costs of
Palestinians and Israelis. The ILO has long criticized this
inequality in entitlements. These funds are deposited with the
Finance Ministry, which applies them to programs administered
by the Government in the West Bank and Gaza. In 1993 the
Government made public parts of this budget for the first time.
In 1991 an employer brought suit to the Supreme Court, arguing
that Palestinian workers and their employers should have to
contribute only that part of the salary that applied to
benefits directly received by the employee. In response to the
Supreme Court's recommendation, the Government formed an
interagency committee to study the issue. In 1993 the
committee issued draft legislation that would essentially
institutionalize the status quo. The proposed legislation
remained under Knesset review at the end of 1993. Also at the
end of 1993 a human rights organization announced plans to file
a class-action suit against the Ministry of Labor and Social
Affairs for failing to provide equal benefits to Israeli and
Palestinian workers employed in Israel. Israeli settlers
living in the occupied territories but working inside Israel
have the same benefits as all other Israeli workers.
[end of document]
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