A/HRC/2/5
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neighbourhoods separates Palestinians with Jerusalem identity documents from those with
West Bank documents. Where husband and wife have separate documents they often have no
choice but to separate in order to allow the Jerusalem ID holder to retain his or her benefits.
Eighteen per cent of Palestinian households in Jerusalem are separated from the father and
12 per cent of households are separated from the mother. Secondly, the authorities have recently
embarked upon a policy of denying access to Palestinians with foreign passports. In previous
years, Palestinians with foreign passports have been allowed to live in the West Bank provided
that they renewed their visas every three months. This affects some 50,000 Palestinians living in
the West Bank who now face a denial of visas (see Haaretz, 10 July 2006). Thirdly, an Israeli
law on citizenship prohibits Palestinians who marry Israeli Arabs from living with their spouses
in Israel. This law was recently the subject of a controversial decision by the Israeli High Court
of Justice which held that the law, which does not apply to Jewish Israelis who marry foreigners,
was constitutional on the grounds of security. The Court reasoned that the State was entitled to
prevent Palestinians from living with their Israeli spouses in Israel because that might allow
Palestinians who threaten the security of Israel to enter the country.
XII. ADMINISTRATION OF JUSTICE
64.
Israel clearly does not ascribe to the policy of winning hearts and minds in the process
of administering justice; instead, it shows the iron fist, in the process of making arrests, the
treatment of arrested persons and the treatment of prisoners. The situation seems to have
worsened since Hamas was elected to office.
65.
The making of arrests as has been shown, is frequently accompanied by the destruction
and trashing of property, beatings, the unleashing of dogs in civilian homes, humiliating strip
searches and early morning raids. The interrogation of arrested persons continues to be
accompanied by a mix of psychological pressure and physical violence. The number of
prisoners continues to rise. There are now over 10,000 Palestinian prisoners in Israeli jails,
including women and children. The position of child prisoners is particularly disturbing as they
are often compelled to share cells with adult prisoners, denied education and access to family.
XIII. THE HUMANITARIAN CRISIS AND FUNDING
OF THE PALESTINIAN AUTHORITY
66.
The humanitarian crisis in Gaza is dealt with separately in the section on Gaza above.
The appalling humanitarian situation in that part of OPT should not be allowed to distract
attention from the serious humanitarian crisis in OPT as a whole. Four out of 10 Palestinians
live under the official poverty line of less than $2.10 a day. Unemployment is difficult to
determine. The International Labour Organization has estimated the jobless rate to be over
40 per cent of the Palestinian labour force. This, however, does not take account of the fact that
the public sector, which accounts for 23 per cent of total employment in OPT, is employed but
unpaid.
67.
In large measure the humanitarian crisis is the result of the termination of funding of
the Palestinian Authority since Hamas was elected to office. In the first instance the Israeli
Government is withholding from the Palestinian Authority VAT duties and customs amounting
to $50-60 million per month that it collects on its behalf on goods imported into OPT. This
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