Israel's Draconian Infiltration Law:
Israel's Disturbing History
29 December 2011By Stephen Lendman
On January 10, Haaretz writer Jonathan Lis headlined,
"Knesset passes (Law to Prevent Infiltration) that
could put asylum seekers in jail without trial,"
saying:
"The bill would make 'illegal' migrants and asylum
seekers liable to jail, without trial or deportation,
if caught staying in Israel for 'long periods.' "
Moreover, anyone helping them or providing shelter
faces five to 15 years in prison for being a good
samaritan. Avoiding it involves proving they didn't
know the refugee lacked residency status and wasn't
guilty of alleged criminality.
Netanyahu and extremists around him sponsored the
bill. It followed a similar July 2010 proposal,
dropped after widespread criticism.
The measure amends the 1954 Law to Prevent
Infiltration. Limited to emergency conditions, it
specifically targeted Palestinian and other Arab
Fedayeen freedom fighters.
The new measure targets refugees and asylum seekers
and families. Minimally, they'll be imprisoned for
three years. However, detentions may be extended
indefinitely.
The law only allows judicial oversight by an
administrative court after 14 days. It's forbidden to
release detainees sooner than three years except under
very hard to prove extraordinary humanitarian
circumstances.
The bill's previous version mandated life sentences
for refugees and asylum seekers convicted of property
damage, including offenses as minor as graffiti.
Persons providing aid faced five to 15 year sentences.
The Association for Civil Rights (ACRI) in Israel
called the 2010 measure "one of the most dangerous
bills ever presented in the Knesset." Despite
softening, its new version remains brazenly draconian,
undemocratic and shameful.
ACRI calls it "draconian and immoral, and its entire
purpose is to deter refugees from entering Israel. The
law blatantly disregards Israel's most basic
commitments as a member of the community of nations
and as a signatory to the Convention Relating to the
Status of Refugees."
"The State of Israel has the right to protect its
borders, but not by trampling human rights and
ignoring democratic values."
In 2010, ACRI explained "lies and reality" in the
bill's original version. It main provisions included:
- imprisoning legitimate asylum seekers for five
years to life;
- incarcerating Darfur, Sudan refugees for seven
years to life;
- those entering with weapons faced minimal 20
year sentences, including for having an ordinary
pocket knife;
- organizations or individuals providing medical
care, food or water, legal help, and/or shelter were
criminally liable;
- those caught entering could be summarily
deported to war zones or nations with notorious
human rights records;
- if not immediately deported, imprisonment or
indefinite detentions followed;
- judicial review was prohibited for two weeks or
longer; and
- women and children would be treated like men.
The current measure targets persons entering Israel
without permission or caught carrying weapons or
drugs. It also applies if convicted of human
trafficking. Most of its original provisions remain.
The bill's sole purpose is to deter refugees and
asylum seekers from entering Israel for any purpose.
In addition, migrant worker residents can be
imprisoned for three years to life for misdemeanor
type offenses.
Before passage, Hadash party MK Dov Khenin called the
bill "dangerous, immoral, unconstitutional and
contrary to the law of human dignity and freedom. It
runs contrary to Israel's international commitments,
and the Knesset should reject it out of hand."
Israel's Disturbing History
Israel's inhospitable history is appalling. Jews alone
are welcome. International law stipulates otherwise.
Article I of the 1951 UN Convention Relating to the
Status of Refugees calls them:
"A person who owning to a well-founded fear of being
persecuted for reasons of race, religion, nationality,
membership of a particular social group or political
opinion, is outside the country of their nationality,
and is unable to or, owing to such fear, is unwilling
to avail him/herself of the protection of that
country."
The UN's High Commissioner for Refugees (UNHCR) is
mandated to help them. To gain legal protection, they
must:
- be outside their country of origin;
- fear persecution;
- be harmed or fear harm by their government or
others;
- fear persecution for at least one of the above
reasons; and
- pose no danger to others.
The Knesset's 1950 Law of Return grants all Jews
worldwide the right to citizenship and residency. Yet
no refugee law exists, despite Israel being a
signatory to the UN's 1951 Convention.
Among Western states, Israel is least hospitable to
refugees and asylum seekers. At best, some get
temporary limited stays. Most often, they're summarily
denied, including those with legitimate persecution
fears.
Although legally mandated to help, Israel consistently
refuses.
A Final Comment
On January 11, a Haaretz editorial headlined,
"Israel's anti-infiltration law is a disgrace,"
saying:
"Of all the antidemocratic laws that have descended on
us of late, it is perhaps the most shameful."
Nonetheless, it passed 37 - 8. As a result, non-Jewish
refugees, asylum seekers, or migrants seeking work are
criminalized.
"Words fail in the face of such a disgraceful act of
legislation. Sending desperate human beings, who come
to Israel" with legitimate fears or for work can be
imprisoned indefinitely without trial.
Most pose any threat whatever. Imprisoning them "is
intolerable." Nonetheless, "a jingoistic" draconian
measure became law.
It's more proof of an out-of-control rogue terror
state unfit to live in. No wonder many Israelis vote
with their feet and leave.
Stephen Lendman lives in Chicago and can be reached
at lendmanstephen@sbcglobal.net. Also visit his blog
site at sjlendman.blogspot.com and listen to
cutting-edge discussions with distinguished guests on
the Progressive Radio News Hour on the Progressive
Radio Network Thursdays at 10AM US Central time and
Saturdays and Sundays at noon. All programs are
archived for easy listening.
http://www.progressiveradionetwork.com/the-progressive-news-hour/
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