PCHR Refutes Claims Made by the Ministry of Interior inRamallah Regarding Non-Discrimination in Issuing Passportsfor Palestinians in the Gaza Strip

The Palestinian Centre for Human Rights (PCHR) condemns the discrimination policy adopted by the Palestinian Ministry of Interior in Ramallah with regard to issuing passports to Palestinians of the Gaza Strip and the intervention by the General Intelligence Service (GIS) in this regard.  PCHR demands the Ministry of Interior comply with the Palestinian law, to not discriminate among Palestinians based on political affiliation and to not draw Palestinian civilians into the ongoing fragmentation.  PCHR thus demands the Ministry to reverse its policy on issuing passports, especially as the Ministry announced on different occasions that: "The Palestinian passport is a natural right of each Palestinian.  This right is guaranteed by the law after Palestinians submit documents required by the law without any other requirements."

 Upon the receipt by PCHR of a number of complaints from Palestinians in Gaza who claimed that the Ministry of Interior in Ramallah refuses to issue passports for them because of their political affiliation (affiliates with the Hamas movement), on 23 June 2010, the PCHR coordinator in the West Bank traveled to the Ministry of Interior in Ramallah to verify these claims and to understand the reasons why passports were not issued in the cases of the Palestinians in question.

Ahmed Safi, Director-General of the Directorate-General of Passports in the Palestinian government in Ramallah, stated that the Palestinian Ministry of Interior recognizes every Palestinian's right to obtain a passport, regardless of his/her political affiliation.  Mr. Safi explained the cases in which passports can not be issued, including: following a decision made by the Court, the Attorney General or the police, or if the competent bodies (the security department) in the Ministry of Interior have doubts regarding information inserted in the passport application.  Mr. Safi stated that decisions made by courts and by the Attorney General relate to criminal cases only.  Mr. Safi demanded that the PCHR coordinator in the West Bank provide him with a list of Palestinians who were denied passports by the Ministry of Interior.

On 27 June 2010, the PCHR coordinator traveled to the office of the Director-General of the Directorate-General of Passports and delivered to him a list of six Palestinians who were denied passports.  Mr. Safi checked the names in his computer and told the PCHR coordinator that the information of the persons in the list was not inserted in the records of the Ministry of Interior, which means, according to Mr. Safi, that their applications were not delivered to the Ministry.  The PCHR coordinator then went to Mr. Abdul Majid 'Ouda, Director of Gaza Passports Department, who demanded another officer to check the names in his computer.  Mr. 'Ouda also said that the applications of the persons in the list were not delivered to the Directorate-General of Passports.  The three officers affirmed that any application, including rejected applications, delivered to the Ministry of Interior and to the office of GIS in the the Ministry of Interior in Ramallah, is registered in the records of the Directorate-General of Passports.  According to these authorities, therefore, the applications of those persons issuing complaints were not delivered to the Ministry of Interior in Ramallah.

On 06 July 2010, the PCHR coordinator submitted an application, in his personal and professional capacity and in accordance with a power-of-attorney granted to him by a Palestinian civilian,  to the GIS office in the Ministry of Interior in Ramallah.  On 11 July, the PCHR coordinator went to check with GIS, but was told that the application was rejected without being offered an explanation.  GIS officers said: "The majority of countries in the world, including the United States, require citizens applying for passports to submit 'certificates of good conduct'"  PCHR discovered that it is the second time that the application of this applicant was rejected.

On 11 July 2010, the PCHR coordinator submitted applications, in his personal and professional capacity and in accordance with powers-of-attorney granted to him by seven Palestinians, to the GIS office in the Ministry of Interior in Ramallah.  On 13 July, the PCHR coordinator went to check with GIS, but he was told that four of the submitted applications were rejected and the other three applications were accepted.  Thus, in total, five out of eight applications were rejected.  The following day, the PCHR coordinator traveled to the Gaza Passports Department in the Ministry of Interior in Ramallah to deliver the three approved applications, but the relevant officer referred him to the Military Intelligence Service because two of the approved applicants are governmental employees.

 The PCHR coordinator confronted the officers in the Ministry of Interior with the fact that they denied the application in previous visits, but they stated that they are executive bodies within the Ministry of Interior.  The PCHR coordinator was told to continue the matter with His Excellency the Undersecretary of the Ministry of Interior, Hassan 'Alawi.  The PCHR coordinator immediately traveled to the office of Mr. 'Alawi, but he was not able to meet him because Mr. 'Alawi was not present.

 On Wednesday morning, 13 July 2010, the PCHR coordinator traveled to the office of His Excellency the Undersecretary of the Ministry of Interior and explained to him the previous events and delivered to him copies of the applications that he submitted to the GIS.  Mr. 'Alawi promised the PCHR coordinator to call him either in the afternoon on the same day or on the following morning.  At approximately 09:00 on Thursday, 14 July, the PCHR coordinator traveled to the office of Mr.  'Alawi, but he was not able to meet with him because Mr. 'Alawi was busy with internal meetings.  At approximately 11:00 later that day, the PCHR coordinator traveled again to the office of Mr.  'Alawi, and presented to him copies of the applications that were delivered to him the previous day.  Mr. 'Alawi marked the applications with "to be finished upon the approval of the Minister." On the same day, the PCHR coordinator submitted the five applications which were rejected earlier.

On 25 July 2010, the PCHR coordinator traveled to the Gaza Passports Department in the Ministry of Interior in Ramallah and was surprised that the eight applications that he submitted, including the three ones which were approved, were suspended.  He has since followed up with the Director-General of the Directorate-General of Passports and with the Gaza Passports Department several times during the last three days.  The last time he checked with them was at approximately 10:30 on 27 July 2010.  The PCHR coordinator was told that the applicants were rejected because "they are not committed to legitimacy."

PCHR notes that one of the rejected applicants is suffering from kidney failure and undergoes dialysis treatment twice a week.  He has a medical report issued by the Artificial Kidney Department of Shifa Hospital explaining his conditions.  On 05 July 2010, he was issued a medical referral from the Specialist Medical Treatment Department in the Ministry of Health to undergo kidney transplantation surgery in Nasser Institute Hospital in Egypt.

It should be noted that on 12 July 2010, the Ministry of Interior in Ramallah issued a press release that stated: "The Palestinian passport is a natural right of each Palestinian.  This right is guaranteed by the law after Palestinians submit documents required by the law without any other requirements.  We all assume responsibility to protect this right and, at the same time, maintain the credibility and quality of  passports." 

In view of its investigation of this issue, PCHR reiterates the following:

    * First: although the Ministry of Interior in Ramallah daily issues more than 500 passports to Palestinians from the Gaza Strip, the process involves long and complicated procedures.
    * Second: the Ministry of Interior provides many justifications for its procedures, especially background checks for Palestinians applying to get passports.
    * Third: PCHR definitively discovered that GIS is the body that approves or disapproves the issuance of passports and that the Ministry of Interior is completely committed to the GIS's decisions.
    * Fourth: the GIS has not explained the criteria under which it makes its decisions.  The GIS only declared general statements such as "the responsibility of security services for the protection of our people." The appearance of the rejected applicants is required before the officers of the Ministry of Interior, and they require "certificates of good conduct," and GIS attempt to justify their decisions by referring to a "Non-commitment to legitimacy."
    * Fifth: the applications which were submitted by PCHR are only an example, which is indicative of a larger pattern of discrimination.  The rejection of these applications suggests the number of Palestinians who are arbitrarily denied their right to get passports in accordance with the domestic law and international human rights instruments. 

 In view of the above, PCHR renews its demand to keep Palestinian civilians neutral with regard to the current political division and not to draw their interests and rights into the ongoing conflict between Fatah and Hamas movements.  In this regard, PCHR calls upon the Palestinian government in Ramallah to comply with the law and to issue passports in accordance with the law and not with political pressure.