ACRI submitted a petition to the High Court of Justice on 16 February 2007, against the Minister of Transportation and the IDF Commander of IDF Forces in the West Bank. The petition calls for the cancellation of a six-year prohibition that has been imposed on residents of the West Bank and the Gaza Strip, who currently reside in Israel with a valid residency permit, to drive a car in Israel. ACRI Attorney Azem Bishara submitted the petition in the name of a former resident of the West Bank who is married to an Israeli citizen, his wife and her four children. The petitioner has lived with his wife in Israel, legally, for seven years.
The man, who was born in the West Bank, was granted an Israeli residency permit that is renewed annually. He is also the holder of a valid driving license that was issued to him by the District of Nablus in 1994, but which was rendered useless by a clause in his Israeli residency permit that explicitly states that he “is not permitted to drive a vehicle in the State of Israel”. The prohibition on driving, the petition states, impedes upon the daily lives of the individual and his family, which is of even greater significance when considers the fact that their eldest son suffers from severe physical and intellectual disabilities. As a result his son is required to undergo regular medical check-ups and is frequently hospitalized. The petitioner’‘s wife is therefore confined to her home where she cares for her son and is unable to work outside of the house. Full responsibility for the family’‘s income therefore falls entirely on her husband. Despite the fact that he is legally entitled to work in Israel, it is still difficult for him to find permanent employment, as he is limited to areas that are close to his home. He cannot distance himself from the family as his wife requires assistance with the care of their elder son, and because he is not permitted to drive a car.
ACRI appealed to the military authorities on his behalf but was informed that, “no permits are currently being issued to residents of the area {the West Bank and Gaza Strip}, that permit the holders to drive a car in Israel”, and that this is a result of “unequivocal security considerations”. ACRI’‘s appeals to the State Attorney’‘s Office and The Minister of Transportation were also fruitless.
Attorney Bishara emphasizes in the petition that this sweeping policy violates the right of the petitioner to freedom of movement and that it also infringes on a number of his and his family’‘s social and economic rights. In addition to which, it violates the provisions of international law and discriminates on the basis of national origins. This policy prohibits all Palestinians, who are legally entitled to work in Israel, from driving a vehicle when other migrant workers, who legally reside in Israel, are permitted to drive in Israel with no individual checking. Moreover, the petition states, the prohibition was imposed with no legal sanctioning. Limitations on freedom of movement, adds Attorney Bishara, is only permitted by Israeli law on an individual basis, and in cases where an “honest and serious” concern arises that an individual’‘s freedom of movement poses a threat to the State’‘s security. Thus, these sweeping limitations, as in the case denoted above, contravene the law, and are the result of an illegal policy that violates human rights.
last updated : 21/02/07
