Bureau of Democracy, Human Rights, and Labor
International Religious Freedom Report 2009
October 26, 2009
A report on the Occupied Territories (including areas subject to the
jurisdiction of the Palestinian Authority) is appended at the end of
this report.
The Israeli Basic Law on Human Dignity and Liberty provides for
freedom of worship and the Government generally respected this right
in practice. While there is no constitution, government policy
continued to support the generally free practice of religion.
While the Basic Law on Human Dignity and Liberty does not specifically
refer to freedom of religion, it does refer to the Declaration of the
Establishment of the State of Israel, which explicitly provides for
the protection of religious freedom. In addition, numerous Supreme
Court rulings incorporate the Universal Declaration of Human Rights
and the International Covenant on Civil and Political Rights,
including their religious freedom provisions, into the country's body
of law. The Declaration describes the country as a Jewish state,
establishing Judaism as the dominant religion while also promising
full social and political equality, regardless of religious
affiliation. The Basic Law describes the country as a "Jewish and
democratic state." Government policy continued to support the
generally free practice of religion, although governmental and legal
discrimination against non-Jews and non-Orthodox streams of Judaism
continued.
The status of respect for religious freedom by the Government was
unchanged during the reporting period. Government allocations of state
resources favored Orthodox (including Modern and National Religious
streams of Orthodoxy) and ultra-Orthodox (sometimes referred to as
"Haredi") Jewish religious groups and institutions, discriminating
against non-Jews and non-Orthodox streams of Judaism. Officials at the
Ministry of the Interior blocked three Messianic Jews (persons who
identify as Jews and follow Jewish traditions but who believe Jesus
was the Messiah) seeking to immigrate to the country under the Law of
Return and continued to differentiate between Jews and non-Jews on
national identification documents.
Some individuals and groups committed abusive and discriminatory
practices against Israeli-Arab Muslims, evangelical Christians, and
Messianic Jews at the same elevated level cited in the 2008
International Religious Freedom Report. Relations among religious and
ethnic groups--between Jews and non-Jews, Muslims and Christians,
Arabs and non-Arabs, secular and religious Jews, and among the
different streams of Judaism--often were strained during the reporting
period. This was due primarily to the continuing Israeli-Palestinian
conflict and the Government's unequal treatment of non-Orthodox Jews,
including the Government's recognition of only Orthodox Jewish
religious authorities in personal and some civil status matters
concerning Jews.
The U.S. Government discusses religious freedom with the Government as
part of its overall policy to promote human rights.
Section I. Religious Demography
Based on its pre-1967 borders, the country has an area of 7,685 square
miles. The country has a population of 7.4 million (including settlers
living in the occupied West Bank and East Jerusalem), of which 5.6
million are Jews, 1.5 million are Arab Muslims and Christians, and
320,000 are classified as "other"--mostly persons from the former
Soviet Union who immigrated under the Law of Return but who did not
qualify as Jews according to the Orthodox Jewish definition used by
the Government for civil procedures.
According to figures from the Central Bureau of Statistics for 2007,
the latest year such information was available, 7 percent of the
Jewish population is ultra-Orthodox, 10 percent is Orthodox, 39
percent describe themselves as "traditional religious" or "traditional
non-religious," and 44 percent describe themselves as "non-religious/
secular" Jews, most of whom observe some Jewish traditions. It also
estimates that 30 percent of the country's Jewish population was born
outside the country. A growing but still small number of traditional
and secular Jews associate themselves with the Conservative, Reform,
and Reconstructionist streams of Judaism. Although not officially
recognized for purposes of civil and personal status matters, groups
composed of adherents of these streams of Judaism received a small
amount of government funding and were recognized by the courts. There
is a small but growing community of approximately 10,000 Messianic
Jews.
Slightly more than 20 percent of the population is non-Jewish, the
vast majority of whom are ethnic Arabs. Of the total population,
Muslims (nearly all Sunnis) constitute 16.5 percent, Christians 2.1
percent; Druze 1.7 percent; other religious groups 0.5 percent,
including relatively small communities of, among others, Messianic
Jews, Jehovah's Witnesses, and Baha'is.
The Government reported that during 2008 it issued nearly 100,000
permits for foreigners to work in the country, and estimated that
another 80,000 to 150,000 illegal foreign workers resided in the
country. Foreign workers are members of many different religious
groups, including Protestant, Roman Catholic, and Orthodox Christian,
Buddhist, Hindu, and Islamic traditions.
Section II. Status of Governmental Respect for Religious Freedom
Legal/Policy Framework
The country has no Constitution. While the Basic Law on Human Dignity
and Liberty does not specifically refer to freedom of religion, it
does refer to the Declaration of the Establishment of the State of
Israel, which explicitly provides for the protection of religious
freedom. In addition, numerous Supreme Court rulings incorporate the
Universal Declaration of Human Rights and the International Covenant
on Civil and Political Rights, including their religious freedom
provisions, into the country's body of law. The Declaration describes
the country as a Jewish state, establishing Judaism as the dominant
religion while also promising full social and political equality,
regardless of religious affiliation. The Basic Law describes the
country as a "Jewish and democratic state." Government policy
continued to support the generally free practice of religion, although
governmental and legal discrimination against non-Jews and non-
Orthodox streams of Judaism continued.
Since the founding of the country, the Government has recognized three
additional religious communities--the Druze in 1957, the evangelical
Episcopal Church in 1970, and the Baha'i in 1971. The fact that the
Muslim population was not defined as a religious community was a
vestige of the Ottoman period when Islam was the dominant religion and
it has not limited Muslims from practicing their faith. A collection
of ad hoc arrangements with various government agencies defined the
status of several Christian denominations with representation in the
country. The Government allows members of unrecognized religious
groups the freedom to practice their religious beliefs.
The state does not recognize conversions to Judaism performed in the
country by non-Orthodox rabbis. The Government provides funds for
Orthodox conversion programs but does not provide support for non-
Orthodox (i.e. Reform and Conservative) programs. The High Court ruled
on May 18, 2009, that the Government must cease discriminating against
non-Orthodox conversion institutes. The Israeli Defense Force (IDF)
sponsored Orthodox Jewish conversion courses for Jewish soldiers who
received non-Orthodox (and therefore unrecognized) conversions and for
soldiers not recognized as Jewish by the Orthodox rabbinical
authorities. Residency rights were not granted to relatives of
converts to Judaism, except for children of female converts who are
born after the mother's conversion is complete.
While the law safeguards the "holy places of all religions," the
Government provides significantly greater levels of legal protection
and government resources to Jewish holy places than to those of other
religious groups and to Orthodox Jews over non-Orthodox Jews.
The law considers "religious communities" to be those recognized by,
and carried over from, the British Mandate period (1920-48), during
which Great Britain administered present-day Israel and the Occupied
Territories. These include: Eastern Orthodox, Latin (Roman Catholic),
Gregorian-Armenian, Armenian-Catholic, Syrian Catholic, Chaldean
(Chaldean Uniate Catholic), Greek Catholic Melkite, Maronite, Syrian
Orthodox, and Jewish.
The Government implements some policies based on Orthodox Jewish
interpretations of religious law which thereby discriminates against
citizens adhering to other religious groups. The priority given to
Orthodox Jewish interpretation was a requirement in the "status quo"
agreement reached at the founding of the state between the country's
founders and the mainstream Orthodox rabbinical councils, which has
been upheld throughout the state's history.
For example, the only in-country Jewish marriages the Government
recognizes are those performed by the Orthodox Jewish establishment;
and the Government does not allow civil marriages (e.g., secular
ceremonies performed by state or municipal authorities) or marriages
performed by Conservative, Reform or Reconstructionist rabbis.
Exclusive control over marriages--including eligibility for marriage
and the performance of marriage rites--resides by law with recognized
bodies of the recognized religious denominations. Civil marriages, non-
Orthodox marriages of Jews, or interfaith marriages must take place
abroad in order to be recognized by the Government. However, the
Government stated in 2007 that it allows consular marriages, performed
by officials of foreign embassies in the country, for persons who are
classified as having no religion or belonging to a religious community
not recognized by the state. According to New Family Organization, a
non-governmental organization (NGO), more than 5,000 couples marry in
civil ceremonies abroad each year, primarily in Cyprus. The Orthodox
Jewish establishment also determines who is buried in Jewish state
cemeteries, limiting this right to individuals considered Jewish by
Orthodox standards.
Members of unrecognized religious groups, particularly evangelical
Christians, faced problems in obtaining marriage certifications or
burial services that are similar to the problems faced by Jews who
were not considered Jewish by the Orthodox establishment. Informal
arrangements with other recognized religious groups provide relief in
some cases.
Proselytizing is legal in the country and missionaries of all
religious groups are allowed to proselytize all citizens. However, a
1977 law prohibits any person from offering material benefits as an
inducement to conversion. It is also illegal to convert persons under
18 years of age unless one parent is an adherent of the religious
group seeking to convert the minor. The Church of Jesus Christ of
Latter-day Saints (Mormons), under a longstanding agreement with the
Government, voluntarily refrains from all proselytizing.
With some exceptions, each officially recognized religious community
has legal authority over its members in matters of marriage, divorce,
and burial. Legislation enacted in 1961 afforded the Shari'a courts
exclusive jurisdiction to rule in matters of personal status
concerning Muslims. For unrecognized religious groups, no local
religious tribunals exercise jurisdiction over their members in
matters of personal status. Only recognized religious communities
receive government funding for their religious services.
A Muslim woman may petition for and receive a divorce through the
Shari'a courts without her husband's consent under certain conditions,
and a marriage contract may provide for other cases where she may
obtain a divorce without her husband's consent. A Muslim man may
divorce his wife without her consent and without petitioning the
court.
The Government, through the Chief Rabbinate, discriminates against
women in civil status matters related to marriage and divorce. Under
the Jewish religious court's interpretation of personal status law, a
Jewish woman may not receive a final writ of divorce without her
husband's consent. Consequently, thousands of women, so-called
agunot--"chained women"--are unable to remarry or have legitimate
children because their husbands have either disappeared or refused to
grant divorces. Rabbinical tribunals had the authority to impose
sanctions on husbands who refuse to divorce their wives or on wives
who refuse to accept divorce from their husbands, but they could not
grant a divorce without the husband's consent, and women could not
seek redress in civil courts. Following years of pressure by women's
rights advocates, on November 5, 2008, the Knesset closed the
financial extortion loophole in the law on divorce by stating that
assets can be divided during the Rabbinate's divorce proceedings,
rather than after the husband grants a divorce. Some husbands have
used the law to extort their wives by demanding a personally favorable
distribution of property and financial assets as a condition for
agreeing to a divorce.
The 1967 Protection of Holy Sites Law applies to holy sites of all
religious groups within the country and in all of Jerusalem, but the
Government implements regulations only for Jewish sites. Non-Jewish
holy sites do not enjoy legal protection under it because the
Government does not recognize them as official holy sites. At the end
of 2008, there were 137 designated holy sites, all of which were
Jewish. Furthermore, the Government has drafted regulations to
identify, protect, and fund only Jewish holy sites. While well-known
sites have de facto protection as a result of their international
importance, many Muslim and Christian sites are neglected,
inaccessible, or threatened by property developers and municipalities.
The Christian pilgrimage sites around the Sea of Galilee face periodic
threats of encroachment from district planners who want to use parts
of their properties for recreation. In the past, only diplomatic
interventions have forestalled such efforts. Such sites do, however,
enjoy certain protections under the general Penal Law (criminal code),
which makes it a criminal offense to damage any holy site. Following a
2007 order by the High Court to explain its unequal implementation of
the 1967 Protection of Holy Sites Law, the Government responded in
March 2008 that specific regulations were not necessary for the
protection of any holy sites. The Government did not explain why it
therefore promulgated regulations for Jewish sites but not for non-
Jewish sites.
The country's airline El Al and public buses in every city except
Haifa did not operate on Saturday, the Jewish Sabbath; however,
several private bus companies did operate during the reporting period.
Additionally, streets in most ultra-Orthodox Jewish neighborhoods were
closed to vehicles on the Sabbath. According to the Law on Work and
Rest Hours of 1951, which was upheld by the Supreme Court in April
2005, Jews in most professions were prohibited from working on the
Sabbath unless granted a special permit by the Ministry of Industry,
Trade, and Labor. However, the Government does not usually enforce the
law. The state transportation company, Egged, which operates the
country's public transportation system, continued to operate sex-
segregated busses along city and intra-city routes frequented by ultra-
Orthodox Jews. Women who refuse to sit at the back of such busses risk
harassment and physical assault by male passengers.
Governmental authorities prohibit mixed gender prayer services at
religious sites in deference to the belief of most Orthodox Jews that
such services violate the precepts of Judaism. At the Western Wall,
the holiest site in Judaism, men and women must use separate areas to
visit and pray. Women also are not allowed to conduct prayers at the
Western Wall while wearing prayer shawls, which are typically worn by
Jewish men, and are not permitted to read from Torah scrolls.
The law permits the Government to subsidize approximately 60 percent
of the expenses incurred by ultra-Orthodox Jewish religious schools,
despite their regular failure to implement a governmental requirement
that all state-funded schools teach core subjects, such as English,
mathematics, and science.
The Government funds the construction of Jewish synagogues and
cemeteries. According to the Government, while the state budget does
not cover the costs of construction for non-Jewish places of worship,
it does provide some assistance for their maintenance, although at a
disproportionately lower level than for synagogues. In some areas, the
Government allows private citizens or municipalities to turn old
mosques into galleries, restaurants, and museums.
Government resources available for religious/heritage studies to Arab
and non-Orthodox Jewish public schools are significantly less than
those available to Orthodox Jewish public schools. According to the
Israel Religious Action Committee (IRAC), in 2006 approximately 96
percent of all state funds for Jewish religious education were
allocated to Orthodox or ultra-Orthodox Jewish schools. Public and
private Arab schools offer studies in both Islam and Christianity, but
the state funding for such studies is proportionately less than the
funding for religious education courses in Jewish schools.
In May 2009, the rabbinical courts presented the Justice Ministry a
bill for its review, seeking to secure in law their claim to
jurisdiction over financial matters in arbitration of property
disputes between a divorced husband and wife. Currently, no religious
group possesses such financial authority. The Government stated that
its endorsement of the bill was in accordance with its coalition
agreement with the Sephardic ultra-Orthodox Shas party. The Supreme
Court ruled in April 2006 that Jewish rabbinical courts do not have
the authority to arbitrate in any financial dispute. Although the
rabbinical courts have ruled on financial matters since before the
establishment of the state, their jurisdiction on these matters has
never been established in law. The Justice Ministry's review of the
draft legislation was ongoing at the end of the reporting period.
The Government observes the following Jewish holy days as national
holidays: Rosh Hashanah, Yom Kippur, Sukkot, Simhat Torah, Passover,
and Shavuot. Arab municipalities often recognize Christian and Muslim
holidays.
The Government employs civilian non-Jewish clergy as chaplains at
military burials when a non-Muslim or non-Jewish soldier dies in
service. The Interior Ministry provides imams to conduct funerals
according to Muslim customs. All Jewish chaplains in the IDF are
Orthodox. The IDF does not have any Muslim or Christian chaplains
because, according to government sources, the frequent home leave
accorded to all soldiers allows Muslim and Christian soldiers easy and
regular access to their respective clergy and religious services at
home.
Military service is compulsory only for Jews, Druze, and the 5,000
member Circassian community (Muslims from the northwestern Caucasus
region who immigrated to various points in the Ottoman-controlled
Middle East in the late nineteenth century). Ultra-Orthodox Jews and
Israeli Arabs--both Muslim and Christian--are exempt. The majority of
Israeli Arabs opt not to serve in the army; however, some Christian
and Muslim Arab citizens, mainly Bedouin, serve as volunteers. As of
June 2007, Israeli Arabs and ultra-Orthodox Jews can perform national
service for one to two years as volunteers in health, education, or
welfare sectors in lieu of military service. This service confers
eligibility for similar national benefits accorded military veterans.
Israeli-Arab advocacy groups, Knesset members, and local community
leaders have charged that housing, educational, and other benefits, as
well as employment preferences based on military experience,
effectively discriminate in favor of the Jewish population, the
majority of which serves in the military.
According to the Government watchdog group Movement for Quality in
Government, between 2002 and 2007, 1,520 ultra-Orthodox men chose to
enter the workforce through programs mandated by the Tal Law, while
50,000 continued to study in yeshivas. According to IDF figures
released in July 2007, approximately 11 percent of all male candidates
for military service had deferments as full-time yeshiva students, up
from 7.3 percent in 2000.
The Arrangements Law, drafted annually to guide government spending,
exempts recognized religious groups from paying municipal taxes for
any place of worship. Exemption from tax payments was also granted to
some groups that have not been officially recognized by law. However,
the Government has generally interpreted the exemption from municipal
taxes to apply only to the portion of the property of religious
organizations actually used for worship. Some not-for-profit religious
organizations also receive tax exemptions.
Secular courts have primacy over questions of inheritance, but
parties, by mutual agreement, may also file such cases in religious
courts. Family status matters are normally the purview of religious
courts, but Jewish, Druze, and Christian families may ask for some
cases, such as alimony and child custody in divorces, to be
adjudicated in civil courts. Muslims have the right to bring matters
such as alimony and property division associated with divorce to civil
courts in family-status cases. However, paternity cases are the
exclusive jurisdiction of Shari'a courts.
Jewish rabbinical courts may not arbitrate property disputes between a
divorced husband and wife. Although they had done so since before the
establishment of the state, the Supreme Court ruled in April 2006 that
they have no jurisdiction over financial matters. The Justice
Ministry's review of government endorsed draft legislation submitted
by the rabbinical courts was ongoing at the end of the reporting
period.
The Ministry of the Interior has jurisdiction over religious matters
concerning non-Jewish groups, while the Ministry of Tourism is
responsible for the protection and upkeep of non-Jewish holy sites.
The Ministry of Religious Affairs has jurisdiction over the country's
133 Jewish religious councils, which oversee the provision of
religious services for Jewish communities. A single non-Jewish
religious council exists for the Druze and is overseen by the Interior
Ministry's Department of Non-Jewish Affairs. Legislation establishing
religious councils does not include non-Jewish religious communities
other than the Druze. Instead, the Ministry of the Interior provides a
limited amount of direct funds for religious services for recognized
non-Jewish communities. The Government continues to finance
approximately 40 percent of the religious councils' budgets and local
authorities funded the remainder.
Public Hebrew-speaking secular schools teach Jewish history and Jewish
religious texts. These classes primarily cover Jewish heritage and
culture, rather than religious belief. Public Arabic-speaking schools
with Arab student bodies teach mandatory classes on the Qur'an and the
Bible, since both Muslim and Christian Arabs attend these schools.
Orthodox Jewish religious schools that are part of the public school
system teach mandatory religion classes, as do private ultra-Orthodox
schools that receive significant state funding. The few private mixed
Jewish-Arab schools that exist have proven to be successful for both
Arabs and Jews.
Under the Law of Return, the Government grants immigration and
residence rights to individuals who meet established criteria defining
Jewish identity. Included in this definition is a child or grandchild
of a Jew, the spouse of a Jew, the spouse of a child of a Jew, and the
spouse of a grandchild of a Jew. The Government uses a separate, more
rigorous standard based on Orthodox Jewish criteria to determine the
right to full citizenship, entitlement to government financial support
for immigrants, the legitimacy of conversions to Judaism performed
within the country, and Jewish status for purposes of personal and
some civil status issues.
Although identification cards do not carry a religion or nationality
designation, the Interior Ministry distinguishes between Jews and non-
Jews on identification cards by printing the birth date of Jews in
Hebrew letters according to the Jewish calendar while listing that of
others according to the Gregorian calendar.
Restrictions on Religious Freedom
Government policy continued to support the generally free practice of
religion, although government discrimination against non-Jews and non-
Orthodox streams of Judaism continued.
For example, the Government continued to discriminate against non-
Orthodox Jewish citizens through some policies based on Orthodox
Jewish interpretations of religious law. Many Jewish citizens objected
to exclusive Orthodox control over fundamental aspects of their
personal lives. Approximately 310,000 citizenswho immigrated under the
Law of Return but are not considered Jewish by the Orthodox Rabbinate
cannot be married, divorced, or buried in Jewish cemeteries within the
country. A 1996 law requiring the Government to establish civil
cemeteries remained inadequately implemented.
Restrictions on access to non-Jewish religious sites, as well as
limits on funding and protection of those sites, also contributed to
religious tensions. While officially legal, some missionaries
continued to face harassment and discrimination from some local
government officials.
During Jewish holidays, following terrorist attacks, and in response
to other potential threats, the Government imposed closures to
restrict travel for the stated purpose of providing security. These
closures impeded access to holy sites in Israel, the West Bank, and
Jerusalem.
During the reporting period, members of many religious groups traveled
to the country freely. However, according to representatives of
Christian institutions, visa issuance rates for some of their
religious workers remained low. Continuing a policy enacted in October
2007, the Interior Ministry refused to grant multiple-entry visas for
members of the clergy and other religious workers seeking to travel to
and between their parishes in Israel and the Occupied Territories.
Clergy who wished to return to or visit their parishes and
congregations were required to apply for new, single-entry visas at
Israeli consulates abroad, a process that could take months. Following
an unsuccessful appeal by the Vatican in advance of Pope Benedict
XVI's May 2009 visit to the country, the Interior Ministry stated that
multiple-entry visas for clergy and other religious workers
constituted a security threat and would not be issued.
Since the Government did not have diplomatic relations with Saudi
Arabia, Muslim citizens traveled through another country, usually
Jordan, to obtain travel documents for performing the Hajj (pilgrimage
to Mecca). The average annual number of Hajj pilgrims traveling from
the country in recent years was approximately 4,500. Saudi Arabian
authorities determined the overall number allowed to participate in
the Hajj. According to the Government, travel to hostile countries,
including travel to Saudi Arabia for the Hajj, may be restricted;
however, these restrictions were based on security concerns rather
than on any religious or ethnic factors.
According to government figures, the 2008 budget for religious
services and religious institutions for the Jewish population was
approximately 1.6 billion shekels ($457 million). Religious
minorities, which constituted slightly more than 20 percent of the
population, received approximately 65 million shekels ($18.6 million),
or just less than 4 percent of total funding.
The Supreme Court ruled on March 9, 2009 that implementing regulations
to protect Islamic holy sites are unnecessary. In its ruling, the
court registered the Government's commitment to provide annual funding
of $526,000 (2 million shekels), and dismissed--on the strength of the
Government's commitment--the 2004 petition of the Arab-Israeli legal
advocacy group Adalah that implementing regulations were required.
Adalah had charged that all of the locations designated as holy sites
were Jewish and that the Government's failure to draft implementing
regulations to protect non-Jewish sites had resulted in the
desecration and their conversion to other uses of individual Muslim
sites. In August 2007 the Supreme Court had directed the Government to
explain its failure to protect Islamic holy sites and provide funds
for their maintenance.
Responding to petitions against the May 2008 High Rabbinical Court's
annulment of the conversions of all 40,000 people who converted under
the auspices of the state-sanctioned Orthodox conversion courts since
1999, the High Court on May 19, 2009 ordered the High Rabbinical Court
to explain its decision within 90 days. The High Rabbinical Court,
which disputes the secular High Court's jurisdiction over the issue,
had not answered by the end of the reporting period. The May 2008
ruling alleged lax standards under the High Rabbinical Court's
previous director, Rabbi Haim Druckman. In February 2008 a ministerial
committee on conversions had established a new Conversion Authority--
headed by Sephardic Chief Rabbi Shlomo Amar--to appoint and oversee
the work of state-sanctioned Orthodox religious judges who evaluate
the bona fides of would-be converts to Judaism. Amar also heads the
High Rabbinical Court. Critics charged that the appointment of Amar to
be in charge of the Conversion Authority effectively erased years of
progress toward broadening the official definition of Jewishness and
solidified the Orthodox establishment's hold on matters of Jewish
identity.
In order to marry in government-recognized ceremonies, Jews had to
undergo marriage counseling administered by the Orthodox religious
authorities. As part of this counseling, all Jews--including the
secular majority and those who practice reform or conservative
Judaism--were instructed to respect traditional Orthodox family roles.
A brochure used in the counseling during the reporting period compared
women to clay and urged the husband to "shape and mold her as he
pleases." The husband is also instructed not to become "spineless" or
tolerate disrespectful behavior from his wife: "If she is
disrespectful you must not give in; you can become angry and stop
talking to her until she realizes she is wrong." The husband is also
admonished to compliment his wife regularly, "even if it is a lie,"
because "a woman who has not been complimented is like a fish out of
water."
As in previous reporting periods, the Religious Affairs Ministry
failed to implement the 1996 Alternative Burial Law that established
the right of any individual to be buried in a civil ceremony, and did
not utilize any of the money allocated in the 2008 state budget for
the development of civil/secular burial plots. There were only two
public cemeteries available to the approximately 310,000 citizens,
mostly immigrants from the former Soviet Union, who immigrated under
the Law of Return but are not considered Jewish according to the
Orthodox Jewish authorities. In January 2008 the Jerusalem
municipality approved plans to establish a new city cemetery for use
by secular citizens free of charge.
In December 2008 the Government and the Lutheran World Federation
(LWF) concluded negotiations that followed the LWF's appeal to the
Supreme Court of the District Court's 2002 revocation of its tax-
exempt status. The agreement stipulated that the Government would
eliminate all back-taxes claimed by the tax authority in return for
LWF, a not-for-profit religious organization, agreeing to commence
payment of employment taxes starting January 1, 2009. LWF's hospital
on the Mount of Olives had enjoyed tax exempt status for almost 40
years.
The state transportation company, Egged, which operates the country's
public transportation system, continued to operate sex-segregated
busses along inter- and intra-city routes frequented by ultra-Orthodox
Jews. Women who refused to sit at the back of such busses risked
harassment and physical assault by male passengers.
On June 28, 2009, the Ministerial Committee on Legislation approved a
bill that, if passed by the legislature, would require that funding of
two factions' ultra-Orthodox private schools be provided from the
budgets of local authorities. The Committee's approval of the bill
contrasted with a High Court warning that the ultra-Orthodox schools
would be ineligible for government funding if they did not implement
by the beginning of the 2008-09 school year a governmental requirement
that all state-funded schools teach core subjects, such as English,
mathematics, and science. The warning followed many years of the state-
subsidized ultra-Orthodox Jewish religious schools failure to
implement the core curriculum. The schools that would benefit from the
proposed bill belong to the ultra-Orthodox United Torah Judaism
faction and the ultra-Orthodox Sephardic Shas faction. Similarly, on
July 23, 2008, the Knesset passed legislation that would allow the
state to continue financing approximately 60 percent of the expenses
of ultra-Orthodox Jewish religious schools, despite their regular
failure to implement the core curriculum.
Muslim residents of the Be'er Sheva area continued to protest the
municipality's intention to reopen the city's old mosque as a museum
rather than as a mosque for the area's Muslim residents. The High
Court rejected a petition from the Israeli-Arab legal advocacy NGO
Adalah, representing the area's Muslim community, to enjoin the
municipality from renovating the mosque into a museum. In July 2006
the High Court proposed a compromise whereby the mosque would be used
as a museum of Islamic culture. In January 2007 Adalah rejected the
court proposal, arguing that there was a need to uphold the religious
rights of area Muslims. Adalah's response to the court observed that
while there was one synagogue for every 700 Jews in Be'er Sheva, there
was not a single mosque for the city's 5,000 Muslims. The case
remained pending at the end of the reporting period.
The approximately 80,000 Bedouin living in unrecognized villages were
unable to build or legally maintain mosques as a result of
longstanding government policy to deny ownership claims, building
requests, and municipal services in such communities. Mosques existed
in unrecognized Bedouin communities but as with homes and other
community structures, the Government considered them illegal and
therefore subject to demolition. For example, the first mud and straw
mosque to be built in the country received demolition orders on August
21, 2008 in the unrecognized village of Wadi El Na'am in the Negev,
and Israeli authorities demolished it on December 24, 2008.
The 14-year-old negotiations between the Government and the Holy See
concerning the Fundamental Agreement were ongoing at the end of the
reporting period. These negotiations addressed tax exemptions for
Roman Catholic institutions and property (churches, monasteries,
convents, and educational and social welfare organizations) and the
access of such institutions to Israeli courts. The Fundamental
Agreement that was negotiated in 1993 establishing relations between
the Holy See and the Government was still awaiting Knesset
ratification.
On October 29, 2008, the High Court ruled that the Simon Wiesenthal
Center could continue construction at a site several Muslim
organizations disputed because it contained a centuries-old Muslim
cemetery. Supporters of the U.S.-based center had cited an 1894 ruling
by the Shari'a court, which stated that because the cemetery was
abandoned, it was no longer sacred.
The legal defense NGO, Jerusalem Institute of Justice (JIJ), alleged
again this reporting period that officials in the Interior Ministry
denied services to some citizens based on their religious beliefs. The
JIJ's legal defense caseload included numerous cases dealing with
attempts by the Interior Ministry to revoke the citizenship of persons
discovered holding Messianic or Christian beliefs, or to deny some
national services--such as welfare benefits or passports--to such
persons. In other cases the JIJ alleged that the Interior Ministry
refused to process immigration applications from persons entitled to
citizenship under the Law of Return if it was determined such persons
held Christian or Messianic Jewish religious beliefs. On May 13, 2009,
the JIJ filed a petition to the High Court on behalf of three
Messianic Jews under the Law of Return whose application for
immigration was blocked by the Ministry of Interior. They cited an
April 2008 High Court ruling, which stated that the Government could
not deny status to a person eligible to immigrate under the Law of
Return on the basis of that person's identification as a Messianic
Jew, provided that person was not also considered Jewish under the
Orthodox definition. The case was ongoing at the end of the reporting
period.
There were no reports of religious prisoners or detainees in the
country.
Forced Religious Conversion
There were no reports of forced religious conversion, including of
minor U.S. citizens who had been abducted or illegally removed from
the United States or who had not been allowed to be returned to the
United States.
Abuses by Rebel or Foreign Forces or Terrorist Organizations
During the reporting period, terrorist organizations, including Hamas,
Palestinian Islamic Jihad, and Al Aqsa Martyrs Brigades, carried out
regular attacks against Israeli citizens, mostly in the form of
indiscriminate rocket and mortar attacks from the Gaza Strip. On at
least one occasion, a rocket from Gaza killed an Israeli Muslim.
Terrorists often issued statements that contained anti-Semitic
rhetoric in conjunction with the attacks.
Improvements and Positive Developments in Respect for Religious
Freedom
On May 18, 2009, the High Court ruled that the Government must stop
discriminating against non-Orthodox conversion institutes in regard to
state funding. The decision came in response to a 2005 petition by
IRAC.
In January 2009 the Education Ministry approved the accreditation of
the country's first fully independent Arab university, Mar Elias
College. The university is operated by the Melkite (Eastern rite)
Catholic Church and provides a higher education curriculum oriented
toward coexistence for a diverse faculty and student body of Muslims,
Christians, and Jews.
On November 10, 2008, the Supreme Court ruled that the refusal of the
state transportation company, Egged, and its advertising company
Canaan, to allow a political party to post campaign advertisements
featuring images of women on its busses in Jerusalem was
discriminatory and ordered Egged and Canaan to accept the two
candidates' advertisements. The women, both candidates in the November
2008 Jerusalem municipal elections, were told that their pictures
might offend ultra-Orthodox residents who frequent intra-city routes
for which Egged operates sex-segregated busses.
In September 2008 the police reissued a 1999 directive to police
precincts throughout the country reminding them of their duty to fully
investigate crimes against minority religious communities.
Section III. Status of Societal Respect for Religious Freedom
Jewish-Arab tensions remained at approximately the same level as in
recent years. However, tensions between some Orthodox and ultra-
Orthodox Jewish communities and evangelical Christians and Messianic
Jewish communities grew significantly during 2007 and 2008, and
maintained their elevated levels through the end of the reporting
period.
Relations among other religious and ethnic groups, including Muslims
and Christians, Arabs and non-Arabs, and secular and religious Jews,
also continued to be strained. Such religious and ethnic tensions are
the result of historical grievances as well as cultural and religious
differences, and they have been compounded by the ongoing Palestinian-
Israeli conflict, which has included terrorist attacks targeting
Jewish civilians, IDF operations in the Occupied Territories,
incidents of Jewish militants targeting Israeli-Arabs, and incidents
of Israeli-Arab involvement in terrorist activity.
Animosity between secular and religious Jews continued during the
reporting period. In particular, members of Orthodox Jewish groups
treated non-Orthodox Jews with manifestations of discrimination and
intolerance. As in past years, ultra-Orthodox Jews in Jerusalem and
other ultra-Orthodox enclaves threw rocks at passing motorists driving
on the Sabbath and periodically harassed or assaulted women whose
appearance they considered immodest, including by throwing acid on
them.
Society's attitudes toward missionary activities and conversion
generally were negative. Most Jews were opposed to missionary activity
directed at Jews, and some were hostile to Jewish converts to
Christianity. While proselytism is officially legal, missionaries
continued to face harassment and discrimination by some Jewish
activists and organizations. The Messianic Jewish and Jehovah's
Witnesses communities, among others, accused groups such as Yad
L'Achim and Lev L'Achim, and Jewish religious organizations opposed to
missionary activity, of harassing and occasionally assaulting their
members. According to Yad L'Achim's annual report for 2008, quoted in
the newspaper Yom L'Yom, the organization "saved 174 souls from the
clutches of the [Messianic and evangelical] mission" during the year.
The organization's semi-clandestine Counter-Missionary Department,
headed by Rabbi Alex Artovski, also claimed to have dozens of
informants and infiltrators in the Government and in Christian or
Messianic Jewish congregations, enabling the organization to force the
closure of 18 religious meeting places and expel 12 "top-ranking"
missionaries from the country during 2008. According to JIJ attorneys
and representatives of affected religious communities, Yad L'Achim
succeeded in such activities by pressuring landlords, employers and
Interior Ministry officials to assist its campaign against groups it
deemed "dangerous cults."
Despite harassment, the number of Messianic Jews and evangelical
Christians has grown in recent years through both immigration and
conversion. During the reporting period, however, increased press
reporting and complaints from religious freedom activists indicated a
corresponding increase in Yad L'achim and associated activism, and a
growing wider backlash against the presence of evangelical Christian
or Messianic Jewish congregations and missionaries living in Jewish
communities. Exacerbating these tensions was the widespread but false
belief that proselytizing is illegal in the country.
Members of Jehovah's Witnesses reported an increase in assaults and
other crimes against their membership in 2008 and noted the
difficulties their members faced convincing the police to investigate
or apprehend the perpetrators. Between September 2007 and September
2008, members of Jehovah's Witnesses filed 46 criminal complaints
against anti-missionary activists, most of them members of Yad
L'Achim. The crimes ranged from harassment to assault. Police stated
that they responded to 15 of 35 calls for assistance during the same
time period, according to the Jehovah's Witnesses legal department.
The JIJ noted a similar trend regarding crimes committed against
members of the congregations it represents.
On June 10, 2009 the Be'er Sheva District Court handed down sentences
to two defendants charged with assaulting the pastor of a Messianic
congregation in Be'er Sheva and damaging property. Members of the
congregation filed charges against the assailants after a witness to
the assault filed a report with the Be'er Shiva police in December
2005. Earlier that month, a witness reported that a group of
approximately 200 Orthodox Jews had violently disrupted the religious
service of that congregation in Be'er Sheva. According to the account,
the group pushed and slapped the congregation's pastor and damaged
property.
On May 15, 2009, ultra-Orthodox residents of the Tel Aviv suburb of
Rehovot attacked and beat a group of Messianic Jews who were handing
out New Testament pamphlets on the street. According to press reports,
secular passers-by joined in the beating before police intervened to
stop them.
On December 21, 2008, unknown vandals painted swastikas and Russian
graffiti on doors and in classrooms of the Lev Simcha yeshiva in
Ashdod. Police refused to reveal the contents of the graffiti, citing
shock at its graphic nature. A police investigation was ongoing at the
end of the reporting period.
On December 20, 2008, unknown vandals painted anti-Muslim and anti-
Arab graffiti--including slogans such as "Mohammed is a pig"; "death
to Arabs"; and "Kahane was right," a reference to the founder of the
outlawed Jewish terrorist organization Kach--on the doors and walls of
the Al-Bahar mosque in Jaffa. A police investigation was ongoing at
the end of the reporting period.
On October 8, 2008, violence erupted between Israeli Jews and Arabs in
the city of Acre (Akko) at the beginning of the Jewish holy day of Yom
Kippur after an Arab resident drove into a predominantly Jewish
neighborhood. Driving on Yom Kippur is prohibited with the exception
of emergency vehicles. Rioting ensued for several days, as Jewish and
Arab extremists incited their communities against one another. While
the inflammatory rhetoric was mutual, the majority of those inciting
violence were Jewish, according to the Northern District police
commander. According to press reports, both communities suffered
significant property damage, and several Arab families were displaced
from their homes in or near Jewish neighborhoods. Police continued to
pursue and arrest the chief instigators after the violence subsided.
On October 20, 2008, police arrested six young Jewish men in Tel Aviv
for allegedly firebombing two Arab homes in an attempt to spread the
anti-Arab incitement to Jaffa and other mixed neighborhoods around Tel
Aviv.
On August 13, 2008, unknown arsonists attacked the Beit Yaakov
Synagogue in the Tel Aviv suburb of Bnei Brak, destroying the
synagogue's Torah scrolls.
On November 10, 2008, two defendants were sentenced to two months
imprisonment, suspended for three years, plus 150 hours of community
service for their part in a 2006 incident where approximately 100
ultra-Orthodox Jews assaulted approximately 50 Christian tourists in a
Jerusalem neighborhood, injuring three.
Numerous NGOs in the country remained dedicated to promoting Jewish-
Arab coexistence and interfaith harmony. Their programs included
events to increase productive contact between religious groups and to
promote Jewish-Arab dialogue and cooperation. For example, the "House
of Hope" in the Galilee town of Shfaram near Haifa, founded by Elias
Jabbour, engaged Christian, Muslim, and Jewish communities in
dialogue. Also, Father Elias Chacour, a Greek Catholic priest in the
village of Ibellin in western Galilee, founded a secondary school with
Christian and Muslim students and several Jewish faculty members.
These groups and their events had varying degrees of success.
Interfaith dialogue often was linked to ongoing peace efforts between
Israelis and Palestinians and between the country and its Arab
neighbors. A number of NGOs sought to build understanding and create
dialogue among religious groups and between religious and secular
Jewish communities. These organizations include the Gesher Foundation
(Hebrew for "bridge"); Meitarim, which operated a pluralistic Jewish-
oriented school system; the Interreligious Coordinating Council, which
promoted interfaith dialogue among Jewish, Muslim, and Christian
institutions; and the Council of Religious Institutions of the Holy
Land, compromising the chief religious authorities of the area's
Jewish, Muslim, and Christian establishments.
Section IV. U.S. Government Policy
The U.S. Government discusses religious freedom with the Government as
part of its overall policy to promote human rights. The U.S. Embassy
consistently raised concerns of religious freedom with the Foreign
Ministry, the police, the Prime Minister's office, and other
government agencies.
Embassy officials maintained a dialogue with NGOs that follow human
and civil rights matters, including religious freedom, and promote
interfaith initiatives. Embassy representatives also attended and
spoke at meetings of such organizations.
THE OCCUPIED TERRITORIES (INCLUDING AREAS SUBJECT TO THE JURISDICTION
OF THE PALESTINIAN AUTHORITY)
The Palestinian Authority (PA) does not have a Constitution but has
stated that the Palestinian Basic Law functions as its temporary
constitution. The Basic Law states that Islam is the official religion
and the principles of Shari'a (Islamic law) shall be the main source
of legislation, but provides for freedom of belief, worship and the
performance of religious rites, unless they violate public order or
morality. The Basic Law also proscribes discrimination based on
religion and stipulates that all citizens are equal before the law and
that basic human rights and liberties shall be protected.
Israel exercises varying degrees of legal, military, and economic
control in the Occupied Territories. Israel has no Constitution, and
while its Basic Law on Human Dignity and Liberty does not specifically
refer to freedom of religion, it does refer to the Declaration of the
Establishment of the State of Israel, which explicitly provides for
the protection of religious freedom. In addition, numerous Supreme
Court rulings incorporate the Universal Declaration of Human Rights
and the International Covenant on Civil and Political Rights,
including their religious freedom provisions, into the country's body
of law.
The Israeli Government generally respected the right to freedom of
religion in the Occupied Territories during the reporting period.
However, despite provisions for freedom of religion in the PA's Basic
Law and the Israeli Government's Declaration of Independence,
religious freedom restrictions continued in the Occupied Territories.
In particular, Israel's strict closure policies and the separation
barrier constructed by the Government of Israel had the effect of
severely restricting the ability of Palestinian Muslims and Christians
to reach places of worship and to practice their religious rites.
Israeli law also restricted the ability of Israeli Jews to reach
places of worship in areas under Palestinian control.
The status of respect for religious freedom by the PA was unchanged
during the reporting period. PA government policy contributed to the
generally free practice of religion, although problems persisted
during the reporting period. The Gaza Strip remained under the control
of Hamas during the reporting period, and the PA was therefore unable
to enforce respect for religious freedom or address reports of
harassment of religious groups in the Gaza Strip.
Christians and Muslims generally enjoyed good relations, although
tensions existed. Societal tensions between Jews and non-Jews remained
high during the reporting period, and continuing violence heightened
those tensions.
The U.S. Government discusses religious freedom with the Palestinian
Authority as part of its overall policy to promote human rights. U.S.
Government efforts to promote religious freedom focused on some
specific instances of crime and attacks targeting particular religious
groups.
Section I. Religious Demography
The West Bank (excluding East Jerusalem) has an area of 2,238 square
miles and a population of 2.4 million persons, not including
approximately 300,000 Israelis. East Jerusalem has an area of 27
square miles, and its population is 415,000, including approximately
180,000 Israelis. The Gaza Strip has an area of 143 square miles and a
population of 1.5 million.
Approximately 98 percent of Palestinian residents of the Occupied
Territories are Sunni Muslims. While estimates vary in the absence of
reliable census data, there are about 120,000 Christians in the West
Bank (including East Jerusalem) and an estimated 1,500 to 2,500
Christians in the Gaza Strip. A majority of Christians are Greek
Orthodox; the remainder consists of Roman Catholics, Greek Catholics,
Protestants, Syrian Orthodox, Armenian Orthodox, Copts, Maronites,
Ethiopian Orthodox, and Protestant denominations. Christians are
concentrated primarily in the areas of Jerusalem, Ramallah, and
Bethlehem, but smaller communities exist elsewhere. According to local
Christian leaders, Palestinian Christian emigration has accelerated
since 2001, reducing the number of Christians in the West Bank and
Gaza Strip. Most left for security and economic reasons, often related
to the effects of the barrier; however, low birth rates among
Palestinian Christians also contribute to their shrinking numbers.
There is also a community of approximately 400 Samaritans located on
Mount Gerazim near Nablus in the West Bank.
A very small number of adherents of several denominations of
evangelical Christians, as well as Jehovah's Witnesses, reside in the
West Bank.
Section II. Status of Government Respect for Religious Freedom
Legal/Policy Framework
The Palestinian Authority (PA) does not have a Constitution but has
stated that the Palestinian Basic Law functions as its temporary
constitution. The Basic Law states that Islam is the official religion
and the principles of Shari'a (Islamic law) shall be the main source
of legislation, but provides for freedom of belief, worship, and the
performance of religious rites, unless they violate public order or
morality. The Basic Law also proscribes discrimination based on
religion and stipulates that all citizens are equal before the law and
that basic human rights and liberties shall be protected. The PA
sought to protect religious freedom in full and did not tolerate its
abuse by either governmental or private actors.
The construction of a separation barrier by the Government of Israel,
begun in 2002 due to stated security concerns, has severely limited
access to holy sites and seriously impeded the work of religious
organizations that provide education, healthcare, and other
humanitarian relief and social services to Palestinians, particularly
in and around East Jerusalem. The barrier also impedes the work of non-
religious organizations, and at times the Israeli Government makes
efforts to lessen the impact on religious communities. Closures and
long waits at Israeli border crossings often impede travel for
religious purposes.
In implementing construction of the barrier, the Government of Israel
has confiscated property owned by Palestinians and several religious
institutions, displaced Christian and Muslim residents, and tightened
restrictions on movement for non-Jewish communities. Most Palestinians
and religious institutions have refused compensation to avoid any
perception that accepting compensation would legalize the confiscation
of land and building of the barrier. According to the Israeli
Government, it sought to build the barrier on public lands where
possible, and when private land was used, provided opportunities for
compensation. In principle, compensation was offered automatically
with every confiscation order related to the barrier; however, owners
needed to go through an appeals process. The value of the compensation
was not automatic and was subject to appraisal and verification.
Churches in Jerusalem, the West Bank, and Gaza operate under one of
three general categories: churches recognized by the status quo
agreements reached under Ottoman rule in the late 19th century;
Protestant, including evangelical, churches established between the
late 19th century and 1967, which, although they exist and operate,
are not recognized officially by the PA; and a small number of
churches that have become active within the last decade and whose
legal status is less certain.
The first group of churches is governed by nineteenth century status
quo agreements reached with Ottoman authorities, which the PA
respects. These agreements specifically established the presence and
rights of the Greek Orthodox, Roman Catholic, Armenian Orthodox,
Assyrian, Syrian Orthodox, Greek Catholic, Coptic, and Ethiopian
Orthodox Churches. The Episcopal and Lutheran Churches were added
later to this list. The PA, immediately upon its establishment,
recognized these churches and their rights. Like Shari'a courts under
Islam, these religious groups are permitted to have ecclesiastical
courts whose rulings are considered legally binding on personal status
and some property matters for members of their religious communities.
Civil courts do not adjudicate such matters.
Churches in the second category, which includes the Assemblies of God,
Nazarene Church, and some Baptist churches, have unwritten
understandings with the PA based on the principles of the status quo
agreements. They are permitted to operate freely and are able to
perform certain personal status legal functions, such as issuing
marriage certificates.
The third category consists of a small number of proselytizing groups,
including Jehovah's Witnesses and some evangelical Christian groups.
These churches also generally operate unhindered by the PA.
The PA requires Palestinians to declare their religious affiliation on
identification papers and strongly enforces this requirement. Either
Islamic or Christian religious courts must handle all legal matters
relating to personal status, if such courts exist for the individual's
denomination. In general all matters related to personal status--
including inheritance, marriage, dowry, divorce, and child support--
are handled by such courts, which exist for Muslims and Christians.
All legally recognized individual sects are empowered to adjudicate
personal status matters, and most do so. The PA does not have a civil
marriage law. Legally, members of one religious group mutually may
agree to submit a personal status dispute to a different denomination
to adjudicate, but this is not known to occur. Churches that are not
officially recognized by the PA must obtain special permission to
perform marriages or adjudicate personal status matters; many non-
recognized churches advise their members to marry (or divorce) abroad.
Personal status law for Palestinians is based on religious law. For
Muslim Palestinians, personal status law is derived from Shari'a,
while various ecclesiastical courts rule on personal status matters
for Christians. A 1995 PA presidential decree stipulated that all laws
in effect before the advent of the PA would continue in force until
the PA enacted new laws or amended the old ones. Therefore, in the
West Bank, which was formerly under Jordanian rule, the Shari'a-based
Jordanian Status Law of 1976 governs Muslim women's status (among
other matters). Under that law, which includes inheritance and
marriage laws, women inherit less than male members of the family. The
marriage law allows men to take more than one wife, although few do
so. Prior to marriage, a woman and man may stipulate terms in the
marriage contract that govern financial and child custody matters in
the event of divorce. Reportedly, few women use this section of the
law.
Muslim women generally are discouraged from including divorce
arrangements in a marriage contract as a result of societal pressure.
The PA personal status law states that custody of children below the
age of 18 is given to the mother. Child support and "divorce benefits"
are also guaranteed by law. It is also customary that a sizable sum of
a deferred dowry is documented in the marriage contract. Personal
status law for Muslims in Gaza is based on an Egyptian interpretation
of Shari'a, which stipulates similar restrictions on women.
Islam is the official religion of the PA and Islamic institutions and
places of worship receive preferential treatment. The PA has a
Ministry of Awqaf and Religious Affairs that pays for the construction
and maintenance of mosques and the salaries of most Palestinian imams.
The Ministry also provides limited financial support to some Christian
clergymen and Christian charitable organizations. The PA does not
provide financial support to any Jewish institutions or holy sites in
the West Bank; Jewish sites are generally under Israeli government
control.
In East Jerusalem, the Haram al-Sharif (Noble Sanctuary) contains the
Dome of the Rock and the al-Aqsa Mosque, among the holiest sites in
Islam. Jews refer to the same place as the Temple Mount and consider
it the location of the ancient Jewish temple. The location has been,
as with all of East Jerusalem, under Israeli control since 1967, when
Israel captured the city (East Jerusalem was formally annexed in 1980,
and thus Israel applies its laws to East Jerusalem). The Haram al-
Sharif--and all other Waqf institutions in Jerusalem--are
administered, however, by the Jerusalem Waqf, a Jordanian-funded and
administered Islamic trust and charitable organization with ties to
the PA.
The Government of Israel, as a matter of stated policy, opposes non-
Muslim worship at the Haram al-Sharif/Temple Mount since 1967. Israeli
police generally do not permit public prayer by non-Muslims and
publicly indicated that this policy remains operative even though non-
Muslims visit the compound.
Since early 2001, following the outbreak of the Intifada, the Israeli
Government has prohibited Israeli citizens in unofficial capacities
from traveling to the parts of the West Bank under the civil and
security control of the PA. This restriction prevents Israeli Arabs
from visiting Muslim and Christian holy sites in the West Bank, and
Jewish Israelis from visiting other sites, including an ancient
synagogue in Jericho. Visits to the Jericho synagogue are severely
curtailed as a result of disagreements between Israel and the PA over
security arrangements.
The PA requires the teaching of religion in PA schools with separate
courses for Muslim and Christian students. A compulsory curriculum
requires the study of Christianity for Christian students and Islam
for Muslim students in grades one through six. In 2006 the PA Ministry
of Education and Higher Education completed its revision of primary
and secondary school textbooks, begun in 1999. The U.S. government-
funded review of Palestinian textbooks undertaken by the Israeli-
Palestinian Center for Research and Information concluded that the
textbooks did not cross the line into incitement but continued to show
elements of imbalance, bias, and inaccuracy. Critics noted, however,
that the new textbooks often ignored historical Jewish connections to
Israel and Jerusalem.
PA President Abbas has informal advisors on Christian affairs. Six
seats in the 132-member Palestinian Legislative Council are reserved
for Christians; there are no seats reserved for members of any other
faith. The following holy days are considered national holidays: the
Birth of the Prophet Muhammad, Eid al-Fitr, Eid al-Adha, Zikra al-
Hijra al-Nabawiya, and Christmas. The Palestinian Authority maintains
a Friday/Saturday weekend, but Christians are allowed to take Sunday
off instead of Saturday. Christians take Easter as a fully paid
religious holiday.
Restrictions on Religious Freedom
PA government policy contributed to the generally free practice of
religion, although problems persisted during the reporting period.
The PA did not take sufficient action during the reporting period to
investigate and bring to justice persons who harassed, intimidated,
and perpetrated attacks against some Christian residents of Bethlehem
and Ramallah as described in previous International Religious Freedom
reports. The PA judiciary also failed to adjudicate numerous cases of
seizures of Christian-owned land in the Bethlehem area by criminal
gangs.
The Government of Israel continued to apply travel restrictions during
the reporting period that significantly impeded freedom of access to
places of worship in the West Bank for Muslims and Christians. Citing
violence and security concerns, the Israeli Government has imposed a
broad range of strict closures and curfews throughout the Occupied
Territories since October 2000.
During the reporting period the Government of Israel severely
restricted the access of most Muslims from the West Bank, Gaza, and
Jerusalem to the Haram al-Sharif. The Israeli Government prevented
Palestinian Muslims from the West Bank and Gaza from reaching it and
other religious sites by prohibiting their entry into Jerusalem.
Israeli authorities also generally restricted access for Palestinian
residents of Jerusalem, especially males under the age of 50, and
sometimes women under the age of 45. During Ramadan (September 2 to
October 1, 2008) they refused men under the age of 45 access to the
site, citing security concerns.
There were also disputes between the Muslim administrators of the
Haram al-Sharif/Temple Mount and Israeli authorities over Israeli
restrictions on Waqf attempts to carry out repairs and physical
improvements on the compound and its mosques. The approval process for
a permanent ramp leading to the Mughrabi Gate of the Haram al-Sharif/
Temple Mount continued during the reporting period. However,
excavations in the immediate vicinity of the Mughrabi Gate did not
proceed.
During the reporting period, Israeli authorities continued to limit
visas for Arab Christian clergy serving in the West Bank or Jerusalem
to single-entry visas, complicating clergy's travel outside of the
area. This disrupted their work and caused financial difficulties to
their sponsoring religious organizations. Catholic and Orthodox
priests, nuns, and other religious workers, often from Syria and
Lebanon, faced long delays and sometimes were denied applications. The
Israeli Government indicated that delays or denials were due to
security processing for visas and extensions. The shortage of foreign
clergy impeded the functioning of Christian congregations.
During the reporting period, the Israeli Government continued to
construct a separation barrier in and around East Jerusalem, which had
the effect of inhibiting the ability of Palestinians and some Israelis
to practice their religion and seriously restricting access by West
Bank Muslims and Christians to holy sites in Jerusalem and in the West
Bank.
The separation barrier made it particularly difficult for Bethlehem-
area Christians to reach the Church of the Holy Sepulchre in
Jerusalem, and made visits to Christian sites in Bethany and Bethlehem
difficult for Palestinian Christians who live on the Jerusalem side of
the barrier, further fragmenting and dividing this small minority
community. Foreign pilgrims and religious aid workers occasionally
experienced difficulty obtaining access to Christian holy sites in the
West Bank because of the barrier and Israeli restrictions on movement
in the West Bank. The barrier and checkpoints also impeded the
movement of clergy between Jerusalem and West Bank churches and
monasteries, as well as the movement of congregations between their
homes and places of worship.
During the reporting period, Israeli authorities severely limited the
access of Palestinians to Rachel's tomb, a shrine holy to Jews,
Christians, and Muslims, but allowed relatively unimpeded access to
Jewish visitors. However, in August, 2008, a group of Jewish activists
protested that they were restricted from accessing the compound.
Israeli closure policy during the reporting period prevented tens of
thousands of Palestinians from reaching places of worship in Jerusalem
and the West Bank, including during religious holidays such as
Ramadan, Christmas, and Easter. Church leaders publicly criticized the
Government of Israel's security measures during religious events, such
as the Holy Fire, the day before Orthodox Easter, and the Pope's
pilgrimage. While the Israeli Government made special arrangements to
ease travel restrictions for both Christians and Muslims during
religious holidays and Pope Benedict XVI's visit, there were many
complaints that the number of permits and freedom of movement remained
inadequate. Muslim and Christian clergy again reported problems
reaching their congregations and accessing religious sites in
Jerusalem and Bethlehem.
During the reporting period, the press reported that the Israeli
Defense Force (IDF) Central Command canceled a number of scheduled
visits by Israelis to Jewish holy sites in the Occupied Territories,
such as Joseph's Tomb, due to stated security concerns. The press also
reported a rise in the number of Jews visiting the site without
Israeli government authorization.
During Jewish holidays, which included days during the reporting
period, the IDF closed to Muslims the Ibrahimi Mosque/Tomb of the
Patriarchs in Hebron, the second most important mosque in the Occupied
Territories. The IDF reopened the site for Muslim worship during times
other than during Jewish holidays, including Passover (seven days),
Yom Kippur (one day), and other high holidays. The Jewish side of the
site is closed for four Muslim holidays.
Israeli police in November 2008 confiscated loudspeakers from a mosque
in the Jerusalem neighborhood of Sur Bahir because of complaints from
Jewish neighbors in the settlement of Har Homa that the Muslim call to
prayer constituted noise pollution. Settlers in Givat Zeev also
attempted legally to prevent the Muslim call to prayer from sounding
in the nearby village of al-Jib.
While there were no specific restrictions placed on Palestinians
making the Hajj, all Palestinian religious groups faced restrictions
in practice, such as closures and long waits at Israeli border
crossings, which often impeded travel for religious purposes.
Waqf officials complained that Israeli police did not respect
agreements regarding control of the Haram al-Sharif site. The Israeli
police have exclusive control of the Mughrabi Gate entrance to the
compound. Waqf officials control the other entrances; however, Israeli
police can limit access from all entrances. In general, police allowed
non-Muslim visitors to enter the compound at the Mughrabi Gate during
set visiting hours. The Waqf can object to the presence of particular
persons, such as non-Muslim religious groups, or to prohibited
activities, such as prayer by non-Muslims or disrespectful clothing or
behavior, but it lacks effective authority to remove anyone from the
site. The press reported that police sometimes allowed religious
extremists (such as Jews seeking to remove the mosques and to rebuild
the ancient temple on the site) and immodestly dressed persons to
enter and sometimes were not responsive to enforcing the site's rules.
During Jewish holidays--particularly around Yom Kippur (October 9,
2008) and Passover (April 9-15, 2009)--the press reported that Israeli
police escorted Jewish activists onto the Noble Sanctuary/Temple Mount
compound and allowed them to perform prayers. The Press quoted a
Jewish spokesman criticizing the Government of Israel for limiting
their access to the compound. During Passover, Waqf officials
contended that Israeli police allowed members of Jewish groups to
enter the Haram al-Sharif and worship. Waqf officials viewed these
actions as an attempt by the Israeli police to exert more control over
the site. However, unlike in previous reporting periods, these actions
did not cause violent clashes between Israeli police and Muslims on
the site.
Abuses of Religious Freedom
Many of the national and municipal policies in Jerusalem were designed
to limit or diminish the non-Jewish population of Jerusalem. According
to Palestinian and Israeli human rights organizations, the Israeli
Government used a combination of zoning restrictions on building by
Palestinians, confiscation of Palestinian lands, and demolition of
Palestinian homes to "contain" non-Jewish neighborhoods while
simultaneously permitting Jewish settlement in predominantly
Palestinian areas in East Jerusalem.
There were no reports of religious prisoners or detainees in the
Occupied Territories.
Forced Religious Conversions
There were no reports of forced religious conversion, including of
minor U.S. citizens who had been abducted or illegally removed from
the United States or who had not been allowed to be returned to the
United States.
Abuses by Rebel or Foreign Forces or Terrorist Organizations
Terrorists did not systematically attack anyone in the Occupied
Territories for religious reasons. Hamas authorities often failed to
effectively investigate or prosecute religiously driven crimes
committed by Muslim extremist vigilante groups in Gaza.
Due to the Hamas take-over of the Gaza Strip, the PA was unable to
pursue cases of religious discrimination there. Some Gazan Christians
stated that they believed their Muslim neighbors were discriminating
against them for their faith; they also raised concerns that no
authority was willing or able to reign in extremist groups. Hamas did
not adequately address the cases of discrimination against or
intimidation of Christians that occurred during the previous reporting
period.
Improvements and Positive Developments in Respect for Religious
Freedom
In May 2009, when Palestinian Muslims from Jalazone Refugee Camp
vandalized two Christian cemeteries, PA security forces arrested the
perpetrators, and PA officials publicly condemned the attack.
The PA did not officially sponsor interfaith dialogue during the
reporting period; however, it sent representatives to meetings on
improving interreligious relations and attempts to foster goodwill
among religious leaders. Throughout the reporting period, the PA
issued directives restricting the content of sermons to religious
topics and worked to prevent radical imams from preaching sermons in
mosques in the West Bank that incite violence.
Section III. Status of Societal Respect for Religious Freedom
The strong correlation between religion, ethnicity, and politics in
the Occupied Territories at times imbued the Israeli-Palestinian
conflict with a religious dimension. There were reports of societal
abuses or discrimination based on religious affiliation, belief, or
practice, primarily between Christians and Muslims during the
reporting period. Relations between Jews and non-Jews often were
strained as a result of the Palestinian-Israeli conflict as well as
Israel's control of access to sites holy to Christians and Muslims.
Relations among Jews living in Jerusalem and the West Bank were
strained based on different interpretations of Judaism, and some non-
Orthodox Jews experienced discrimination on the part of some ultra-
Orthodox (sometimes referred to as "Haredi") Jews.
Societal attitudes continued to be a barrier to conversions,
especially for Muslims converting to Christianity; however, conversion
is not illegal in the Occupied Territories. Both Muslim and Christian
Palestinians accused Israeli officials of attempting to foster
animosity among Palestinians by exaggerating reports of Muslim-
Christian tensions.
Tension between Muslim and Christian families sometimes led to
religious harassment. In May 2009 Palestinian Muslims from Jalazone
Refugee Camp vandalized two Christian cemeteries based on a family
dispute.
Interfaith romance was a sensitive issue during the reporting period.
Most Christian and Muslim families in the Occupied Territories
encouraged their children--especially their daughters--to marry within
their respective religious groups. Couples who challenged this
societal norm encountered considerable societal and familial
opposition.
A group of Jewish extremists vandalized a Muslim cemetery near the
Haram al-Sharif/Temple Mount on May 22, 2009. The same day, a Jewish
group carrying Israeli flags and wearing shirts depicting the Jewish
temple attempted to forcibly enter the site. According to credible
reports, the same group vandalized some Palestinian-owned shops in the
Old City after Israeli police turned them away from the compound.
Christian leaders complained throughout the reporting period that
Jewish groups vandalized Christian buildings on Mount Zion, and said
Israeli police did not take steps to prevent the crimes or identify
the vandals.
Jewish settler violence against Palestinians prevented some
Palestinians from reaching holy sites in the Occupied Territories.
Settlers in Hebron forcibly prevented Muslim muezzins from reaching
the al-Ibrahimi Mosque/Tomb of the Patriarchs to sound the call to
prayer and harassed Muslim worshippers in Hebron.
In August 2008 a group of approximately 50 armed settlers forcibly
entered the Ibrahimi Mosque/Tomb of the Patriarchs in Hebron before
IDF forces were able to remove them. Muslim officials denounced Jewish
efforts to expand and renovate areas of the mosque under Jewish
control. Jewish worshippers at the site claimed that Muslims
vandalized Jewish items during Muslim holidays.
Israeli settler radio stations often depicted Arabs as subhuman and
called for Palestinians to be expelled from the West Bank. Some of
this rhetoric contained religious references. Jewish settlers, acting
either alone or in groups, assaulted Palestinians and destroyed
Palestinian property. Most instances of violence or property
destruction reportedly committed against Palestinians did not result
in arrests or convictions during the reporting period.
Palestinian media published and broadcast material criticizing the
Israeli occupation, including dismissing Jewish connections to
Jerusalem. During the reporting period official PA media contained
almost no derogatory statements about Israel and Jews. However, other
Palestinian media not under the control of the PA, particularly those
controlled by Hamas, continued to use inflammatory language during the
reporting period.
Unofficial Palestinian television broadcast content sometimes praised
suicide bombing and holy war until Palestine is free of Jewish
control. Some children's programs aired on unofficial Palestinian
television legitimized the killing of Israelis and Jews.
Unofficial Palestinian media frequently published and broadcast anti-
Semitic content. Rhetoric by Palestinian terrorist groups included
expressions of anti-Semitism, as did sermons by some Muslim religious
leaders carried on Palestinian television.
Harassment of Messianic Jews (people who identify as Jews and follow
Jewish traditions but who believe Jesus was the Messiah) by Orthodox
Jews continued during the reporting period. Orthodox Jewish groups
published announcements in religious newspapers calling Messianic Jews
"dangerous" and calling for their expulsion from Israeli areas.
Press reported an increase in incidents involving ultra-Orthodox
“modesty squads.” These squads enforce observance of a conservative
lifestyle in ultra-Orthodox neighborhoods. In one instance, the press
reported in August 2008 that seven ultra-Orthodox men attacked a 31-
year-old Jewish woman in her apartment because they suspected her of
having "improper relations" with men. Other women reported receiving
threatening phone calls and being harassed for their failure to
observe an ultra-Orthodox lifestyle.
Established Christian groups in general did not welcome less-
established churches. A small number of proselytizing groups,
including Jehovah's Witnesses and some evangelical Christians,
encountered opposition to their efforts to obtain recognition, both
from Muslims, who opposed their proselytizing, and from Christians,
who feared the new arrivals might disrupt the status quo.
Section IV. U.S. Government Policy
U.S. Government officials discuss religious freedom with the PA as
part of its overall policy to promote human rights.
The U.S. Consulate General in Jerusalem regularly met with religious
representatives to ensure their legitimate grievances were reported
and addressed. The consulate general maintained a high level of
contact with representatives of the Jerusalem Waqf. U.S. Government
officials had frequent contact with Muslim leaders throughout
Jerusalem, the West Bank, and Gaza. The consulate also maintained
regular contact with leaders of the Christian and Jewish communities
in Jerusalem and the West Bank. During the reporting period, the
Consul General and Consulate General officers met with the Greek,
Latin, and Armenian Patriarchs, leaders of the Syrian Orthodox,
Russian Orthodox, Ethiopian Orthodox, Coptic, Anglican, and Lutheran
Churches, as well as members of the Church of Jesus Christ of Latter-
day Saints (Mormons). Consulate General officers also met with rabbis,
other central figures from Orthodox religious groups, and
representatives of other Jewish groups.
During the reporting period, the Consulate General investigated a
range of charges including allegations of damage to places of worship,
incitement, and allegations concerning access to holy sites. Consulate
General officers met with representatives of the Bethlehem Christian
community and traveled to the area to investigate charges of PA
mistreatment of Christians. The Consulate General raised the issue of
seizure of Christian-owned land in discussions with PA officials and
with the Jerusalem Municipality.
> The Israeli Basic Law on Human Dignity and Liberty provides for
> freedom of worship and the Government generally respected this right
> in practice.
Yes Israeli law is the only defence that the residence of the Occupied
territories have from the Palestinian Authority which has adopted an
official constitution based on Koranic "Sharia" Law, rendering all people
living in the PA subject to Islamic Law.
Over the past three years of the Oslo War, Bedein writes, hundred of
Christians living in areas ruled by the PA have been arrested and
imprisoned for holding church services or conducting public Christian
practices without authorization. Some of the arrested Christians were set
free in 2002 when the IDF took over control of what had been PA-controlled
cities. This eased their conditions only slightly, however, as they now
take refuge by hiding throughout Israel and surreptitiously try to get
their families out of PA cities to join them and emigrate to any safe haven
they can find in the West. One organization that helps Arabs who wish to
emigrate from Israel is called HaMotzi and can be visited on the internet
at .
Bedein met with some of these former prisoners, and writes,
"One of them, whom I shall call Joseph... described to me how his family
cannot openly practice Christian holidays in Bethlehem under the watchful
eyes of the PLO's Islamic police force. After all, the only place in the
West Bank where the PLO army currently operates is in the Bethlehem area.
Joseph also described how the US-funded Palestinian public school system
has become Islamicized, and how his late nephew was literally tortured to
death at age 12 by his schoolmates because he expressed love and respect
for his uncle as a practicing Christian."
Bedein maintains that the United States refuses to acknowledge these
disturbing developments, despite many queries to various officials - and
despite the fact that it was US AID that financed the formulation of the PA
State Constitution that restricts Christians' rights. The Vatican
Ambassador to the Holy Land, Archbishop Pietro Sambi, "expressed his
concern to visiting US lawmakers that the PA had adopted Sharia Islamic
Law, based on the Iranian and Saudi Arabian models," Bedein wrote.
The PA Constitution, as can be seen at , begins by stating that the
territory of the "State of Palestine" is an "indivisible unit based upon
its borders on the even of June 4, 1967" - which include, of course, all of
Jerusalem and many of its Jewish suburbs. It also states, "All residents of
this territory shall be subject to Palestinian law exclusively." Equally
improbable is Article 3, which states, "Palestine is a peace loving state
that condemns terror, occupation and aggression."
Bedein concentrates, however, on the PA Constitution's Article 5, which
reads as follows: "Arabic and Islam are the official Palestinian language
and religion. Christianity and all other monotheistic religions shall be
equally revered and respected." "In other words," Bedein explains, "as
Archbishop Sambi noted, other religions such as Christianity, let alone
Judaism, are only to be respected, while being denied any juridical status
under the new Palestinian State Constitution." Similarly, Article 7 states,
"The principles of Islamic Sharia are a major source for legislation."
Middle Eastern countries such as Saudi Arabia and Iran that have adopted
Sharia Islamic Law have made life quite difficult for Christians, Bedein
points out: "Under Sharia Islamic Law, Christians are considered 'dhimmis,'
which in effect leaves them as second class citizens. The Archbishop was
particularly worried that all Christian churches and schools will be placed
under the authority of Islamic Law." Saudi Arabia, run by Sharia law, is in
fact one of the most oppressive countries for Christians, according to a
report released last year by the Jerusalem Center For Public Affairs, as is
Iran.
In the PA, a similar trend is noticeable. The mainstream media have
hesitated to report that less than 5% of the population in Jesus'
birthplace, Bethlehem, is Christian - compared to only 35 years ago, when a
majority of the city was Christian. The exodus of Christians from the city
during its ten years under PA control has been dramatic.
"President George W. Bush's administration has envisioned a democratic
Palestinian entity that is devoid of terror," Bedein concludes. "Instead,
officials of US AID have fostered a constitution that envisions creation of
the Islamic totalitarian state of Palestine, completely devoid of religious
freedom and human rights. [At present,] no Church can operate in Bethlehem
without Islamic approval... This is the legacy of what the US AID has
facilitated, with or without the knowledge of the White House."
--
嚙踝蕭Of all the extreme fanaticism which plays havoc in man嚙踝蕭s nature, there is
not one as irrational as anti-Semitism. 嚙皺 If the Jews are rich [these
fanatics] are victims of theft. If they are poor, they are victims of
ridicule. If they take sides in a war, it is because they wish to take
advantage from the spilling of non-Jewish blood. If they espouse peace, it
is because they are scared by their natures or traitors. If the Jew dwells
in a foreign land he is persecuted and expelled. If he wishes to return to
his own land, he is prevented from doing so.嚙踝蕭
Lloyd George
1. http://www.liveleak.com/view?i=37d_1184771363 - Authored by Mr
Greenberg. Don't know too many Muslims called Greenberg
2.
http://aidanmaconachyblog.blogspot.com/2009/02/jews-in-jerusalem-accused-of-spitting.html
Haaretz:
Evyatar says he himself was spat at while walking with a Serbian bishop in
the Jewish quarter, near his home. "A group of yeshiva students spat at us
and their teacher just stood by and watched."
Is that the Gaza Haaretz or the Tehran Haaretz? I get so confused.
3. http://library.flawlesslogic.com/spitting.htm
Israel's interior minister, issued a half-hearted statement condemning an
increase in attacks on Christian clergy. Poraz urged Jews to "stop the
repeated attacks on the religious minority."
It seems that the tradition of spitting on the cross is getting media
attention outside of Israel, and fears are that it might damage the
ethno-state's image.
The latest incident was last Sunday, when a Jew spit on a cross carried by
Armenian archbishop Nourhan Manougian. The attack led to a scuffle in which
the archbishop's medallion, worn by Armenian archbishops since the 17th
century, was broken.
The Jew, a student of the Talmud, received no jail time or fine.
4. http://www.jerusalemiloveyou.net/spip.php?article207
Israeli law couldn't understand dignity, liberty and freedom or worship if
you highlighted it with a magic marker and shone a flashlight at it.
Israel: South Africa for the 21st Century.
http://www.gamla.org.il/english/feature/lynch2a.htm
Article 3 of the Pal "Constitution" is not "equally improbable"; it's
utterly improbable. So are the "borders" of "June 4, 1967", which did
not exist. As of "the even of June 4, 1967"; there were only the
armistice lines of 1949, and armistice lines are not, and have never
been, borders.
Deborah
> “Of all the extreme fanaticism which plays havoc in man’s nature, there is
> not one as irrational as anti-Semitism. … If the Jews are rich [these
> fanatics] are victims of theft. If they are poor, they are victims of
> ridicule. If they take sides in a war, it is because they wish to take
> advantage from the spilling of non-Jewish blood. If they espouse peace, it
> is because they are scared by their natures or traitors. If the Jew dwells
> in a foreign land he is persecuted and expelled. If he wishes to return to
> his own land, he is prevented from doing so.”
>
> Lloyd George
Does that have anything to do with the tradition of torching
synagogues?
> Israeli law couldn't understand dignity, liberty and freedom or worship if
> you highlighted it with a magic marker and shone a flashlight at it.
>
> Israel: South Africa for the 21st Century.
Perhaps Israel should follow the example of religious tolerance set by
fine upstanding members of the UN Human Rights Council like Saudi
Arabia.
Deborah
Deborah
==========
If that's the nation that you want to compare yourselves to, fair enough.
> On Nov 7, 7:02�pm, "Fish Supper" <l...@sea.com> wrote:
> > It seems that the tradition of spitting on the cross is getting media
> > attention outside of Israel, and fears are that it might damage the
> > ethno-state's image.
>
> Does that have anything to do with the tradition of torching
> synagogues?
Or the underhanded missionizing of Jewish children?
> > Israeli law couldn't understand dignity, liberty and freedom or worship
> > if
> > you highlighted it with a magic marker and shone a flashlight at it.
> >
I didn't realize one could be this high & still type.
> > Israel: South Africa for the 21st Century.
>
> Perhaps Israel should follow the example of religious tolerance set by
> fine upstanding members of the UN Human Rights Council like Saudi
> Arabia.
>
Watch the crack whore say she's worse...!
Susan
Now get off Israeli land before we get mad.
Mad as insane? You have already made it! As for land, you Jews own
nothing that is not loaned by the UN.
Wasn't the official constitution adopted in a plebecite? And what
business of yours is it if most of the Palestinians prefer to live
under Muslim rather than Judaic law? What conclusion do you draw from
that fact for American policy?
Naw, the 20th AND 21st.
====
I'm focussing on the present, bud. Who remembers the past? ;)
Remembering it takes some effort. For example, she tested her nuclear
weapons in S. Africa in the 20th Century.