Palestinian Territories
(2002)
Israel occupied the West Bank, Gaza Strip, Golan Heights,
and East Jerusalem during the 1967 War. The West Bank and Gaza Strip
now are administered to varying extents by Israel and the Palestinian
Authority (PA). The PA does not have a constitution, nor does it have
a specific law providing for religious freedom; however, the PA generally
respects this right in practice. Although there is no official religion
in the occupied territories, Islam is treated de facto as the official
religion.
Israel exercises varying degrees of legal control in the West Bank.
Israel has no constitution; however, Israeli law provides for freedom
of worship, and the Israeli Government generally respects this right
in practice.
There was no change in the status of the PA's respect for religious
freedom during the period covered by this report. In previous years,
there were allegations that a small number of Muslim converts to Christianity
were harassed by PA officials. There was one such allegation during
the period covered by the report, but the allegation could not be verified.
The Israeli Government's closure policies in the occupied territories
restricted the ability of Palestinians to reach places of worship, particularly
during religious holidays.
There generally are amicable relations between Christians and Muslims.
Societal attitudes are a barrier to conversions from Islam. Relations
between Jews and non-Jews, as well as among the different branches of
Judaism, are strained. Societal tensions between Jews and non-Jews exist
primarily as a result of the Arab-Israeli conflict; such tensions increased
significantly during the period covered by this report. The violence
that has occurred since the outbreak of the Intifada in October 2000
has curtailed significantly religious practice in the occupied territories,
including damaging severely places of worship and religious shrines.
The U.S. Government discusses religious freedom issues with the PA
in the context of its overall dialog and policy of promoting human rights.
Section I. Religious Demography
The occupied territories are composed of the Gaza Strip, the West Bank,
and East Jerusalem. The Gaza Strip covers an area of 143 square miles,
and its population is 1,138,563 persons. The West Bank (excluding East
Jerusalem) covers an area of 2,238 square miles, and its population
is approximately 2,191,300 persons. East Jerusalem covers an area of
27 square miles and its population is approximately 390,000 persons.
The vast majority (98.4 percent) of the Palestinian residents of the
occupied territories are Sunni Muslims. According to the Palestinian
Central Bureau of Statistics, there are 40,055 Palestinian Christians
living in the territories. However, according to the sum of estimates
provided by individual Christian denominations, the total number of
Christians is approximately 200,000. A majority of Christians are Greek
Orthodox (approximately 120,000), and there also are a significant number
of Roman Catholics and Greek Catholics (approximately 50,000 total),
Protestants, Syriacs, Armenians, Copts, Maronites, and Ethiopian Orthodox.
In general Christians are concentrated in the areas of Jerusalem, Ramallah,
and Bethlehem. In early 2001, approximately 1,000 Christians from Bethlehem
left the occupied territories for other countries. According to Christian
leaders, most of the Christians left their homes for economic and security
reasons and not due to religious discrimination. Jewish Israeli settlers
reside in the West Bank (approximately 171,000), Gaza (approximately
6,500), and Jerusalem. There is a community of approximately 550 Samaritans
(an ancient offshoot of Judaism) located on Mount Gerazim near Nablus.
Several evangelical Christian missionary groups, including Jehovah's
Witnesses, operate in the West Bank.
Foreign missionaries operate in the occupied territories. These include
a small number of evangelical Christian pastors who seek to convert
Muslims to Christianity. While they maintain a generally low profile,
the PA is aware of their activities and generally does not restrict
them.
Section II. Status of Religious Freedom
Legal/Policy Framework
The Palestinian Authority has no constitution, and no single law in
force protects religious freedom; however, the PA generally respects
religious freedom in practice. Although there is no official religion
in the occupied territories, Islam is treated de facto as the official
religion.
The PA has not adopted legislation regarding religious freedom. However,
both the draft Basic Law and the draft Constitution address religion.
The draft Basic Law stipulates that "Islam is the official religion
in Palestine," and that "respect and sanctity of all other
heavenly religions (i.e., Judaism and Christianity) shall be maintained."
The draft Basic Law was submitted for PA President Yasir Arafat's signature
in 1997; however, it has not been signed into law. The March 2001 version
of a draft constitution stipulates that "Islam is the official
religion of the State, while other divine religions and their sanctity
are respected." It is unclear whether the injunction to "respect"
other religions would translate into an effective legal protection of
religious freedom. The draft Basic Law and Constitution both state that
the principles of Shari'a (Islamic law) are the primary bases for legislation.
Churches in Jerusalem, the West Bank, and Gaza may be subdivided into
three general categories: Churches recognized by the status quo agreements
reached under Ottoman rule in the late 19th century; Protestant and
evangelical churches that were established between the late 19th century
and 1967, which are not recognized officially by the PA, although they
are fully tolerated; and a small number of churches that became active
within the last decade, whose legal status is more tenuous.
The first group of churches is governed by the 19th century status
quo agreements, which the PA respects and which specifically established
the presence and rights of the Greek Orthodox, Roman Catholic, Armenian
Orthodox, Assyrian, Greek Catholic, Coptic, and Ethiopian Orthodox Churches.
The Episcopal and Lutheran Churches were added later to the list. These
churches and their rights were accepted immediately by the PA, just
as the British, Jordanians, and Israelis had done before. Like Shari'a
courts under Islam, these religious groups are permitted to have ecclesiastical
courts whose rulings are considered legally binding on personal status
issues and some land issues. Civil courts do not adjudicate on such
matters.
According to the PA, no other churches have applied for official recognition.
However, the second group of churches, which includes the Assembly of
God, Nazarene Church, and some Baptist churches, has 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 group of churches consists of a small number of proselytizing
churches, including Jehovah's Witnesses and some evangelical Christian
groups. These groups have encountered opposition in their efforts to
obtain recognition, both from Muslims, who oppose their proselytizing,
and Christians, who fear that the new arrivals may disrupt the status
quo. These churches generally operate unhindered by the PA. At least
one of these churches deferred plans to request official recognition
from the PA after the outbreak of the Intifada in October 2000.
In practice, the PA requires individuals to be at least affiliated
with some religion. Religion must be declared on identification papers,
and all personal status legal matters must be handled in either Shari'a
or Christian ecclesiastical courts. In the absence of legal protection
of religious freedom, there are no statutory or regulatory remedies
for violations of that freedom.
Islam is the de facto official religion of the Palestinian Authority,
and its Islamic institutions and places of worship receive preferential
treatment. The PA has a Ministry of Waqf and Religious Affairs, which
pays for the construction and maintenance of mosques and the salaries
of many Palestinian imams. The Ministry also provides some Christian
clergymen and Christian charitable organizations with limited financial
support. The PA does not provide financial support to any Jewish institutions
or holy sites in the Occupied Territories; however, it paid for the
refurbishment of Joseph's Tomb after it was damaged by Palestinian demonstrators
in 2000.
The PA requires that religion be taught in PA schools. There are separate
courses for Muslim and Christian students. In 2001 the PA implemented
a compulsory curriculum that requires the study of Christianity for
Christian students in grades one through six.
The Palestinian Authority observes several religious holidays, including,
Eid al-Fitr, Eid al-Adha, Zikra al-Hijra al-Nabawiya, and the Prophet
Muhammed's birthday. Christians also may observe the holidays of Christmas
and Easter.
The PA does not officially sponsor interfaith dialog; however, it attempts
to foster goodwill among religious leaders. The PA makes a strong effort
to maintain good relations with the Christian community, and there is
no pattern of PA harassment of Christians. Within the Ministry of Religious
Affairs, there is a portfolio responsible for Christian affairs, and
PA Chairman Yasir Arafat has an advisor on Christian affairs. Six Christians
and 1 Samaritan sit on the 88-member Palestinian Legislative Council
in seats set aside for representatives of these religions.
Israel has no constitution; however, the law provides for freedom of
worship, and the Government generally respects this right in practice.
The Israeli Government gives preferential treatment to Jewish residents
of the occupied territories and East Jerusalem in the areas of permits
for home building and civic services. For example, Muslim Arab residents
of Jerusalem pay the same taxes as Jewish residents; however, Arab residents
receive significantly fewer municipal services than Jewish residents.
There is a general consensus among Palestinian and Israeli human rights
organizations that many of the national and municipal policies enacted
in Jerusalem are designed to limit or diminish the non-Jewish population
of Jerusalem. According to these activists, the Israeli Government uses
a combination of zoning restrictions on building for Palestinians, confiscation
of Palestinian lands, and demolition of Palestinian homes to "contain"
non-Jewish neighborhoods.
In recent years, the Israeli Government has attempted to maintain amicable
relations with all of the major religious denominations represented
in Jerusalem, and to facilitate their worship requirements. During the
period covered by this report, relations between the Israeli Government
and the Greek Orthodox Patriarchate (which represents the largest Christian
community in Israel and the occupied territories) were strained by the
Israeli Government’s refusal to recognize the duly-elected Greek
Orthodox Patriarch, Eirinaios I. According to a senior Patriarchate
official, the Israeli Government withheld its recognition in an attempt
to extract legal and political concessions from the Patriarchate. Many
local Greek Orthodox Christians perceived the Government's actions as
interference with the internal workings of their church. Another factor
in the delay of recognition was that Jewish business associates of some
of the defeated Patriarchal candidates reportedly have filed High Court
challenges to the election, thereby preventing the Government from endorsing
Eirinaios.
Restrictions on Religious Freedom
Since the outbreak of the Intifada, officials in the PA's Ministry
of Waqf and Islamic Affairs have prohibited non-Muslims from entering
the sanctuary of the Haram al-Sharif. Waqf officials claimed that this
is a temporary closure that was implemented because they cannot justify
allowing non-Muslims to visit the Haram al-Sharif at a time when Palestinian
Muslims from the occupied territories are prevented from worshiping
there. A 1995 ruling by the Israeli High Court of Justice theoretically
allowed small numbers of Jews under police escort to pray on the Temple
Mount/Haram al-Sharif. Israeli police consistently have declined to
enforce this ruling, citing public safety concerns.
Personal status law for Palestinians is based on religious law. For
Muslim Palestinians, personal status law is derived from Shari'a, and
the varied ecclesiastical courts rule on personal status issues for
Christians. In the West Bank and Gaza, Shari'a pertaining to women is
part of the Jordanian Status Law of 1976, which includes inheritances
and marriage laws. Under the law, women inherit less than male members
of the family do. The marriage law allows men to take more than one
wife, although few do so. Women are permitted to make "stipulations"
in the marriage contract to protect them in the event of divorce and
questions of child custody. However, only an estimated 1 percent of
women take advantage of this section of the law, leaving most women
at a disadvantage when it comes to divorce or child custody.
Due to the continued Intifada, violence escalated significantly during
the period covered by this report. The violent confrontations that had
erupted in September 2000 continued on an almost daily basis throughout
the period covered by this report, and resulted in the deaths and injuries
of thousands of persons.
Due to the increased violence and security concerns, the Israeli Government
imposed closure on the occupied territories in October 2000, and this
closure still was in place at the end of the period covered by this
report. One result of the closure was to impede significantly freedom
of access to places of worship for Muslims and Christians during the
period covered by this report. Even before the outbreak of the Intifada
in October 2000, Palestinians in the occupied territories were required
to obtain a permit to enter Jerusalem. The Israeli Government frequently
denied requests for permits, and Israeli security personnel at times
denied permit holders access to Jerusalem, even to visit holy sites.
During periods of closure, Palestinians from the occupied territories
were prevented from traveling to pray inside the Haram al-Sharif. In
practice Israeli closure policies 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. On
a number of occasions, the Israeli Government also prevented worshipers
under the age of 45 from attending Friday prayers inside the Haram al-Sharif.
The Israeli Government stated that it did so in an effort to prevent
outbreaks of violence following Friday prayers (see Section III). However,
many Palestinians believe that the real purpose of closure is ethnically
based harassment and humiliation. On April 12, 2002, there were minor
clashes in Jerusalem near the Old City's Lion Gate after Israeli police
barred male worshippers under the age of 40 from attending afternoon
prayers. Those who were refused entry marched in protest and threw stones
at the police. No injuries were reported.
During the period covered by this report, the Israeli Government's
continued closure policy prevented a number of Palestinian religious
leaders (both Muslim and Christian) from reaching their congregations.
The Israeli Government pledged to create a "hotline" to facilitate
the movement of clerics through checkpoints in March 2001; however,
it had not done so by the end of the period covered by this report.
In previous years, several clergymen reported that they were subject
to harassment at checkpoints. The Government of Israel announced that
it had arrested the Mufti of Ramallah, interrogated him, and then expelled
him from Jerusalem for attempting to attend prayers at al-Aqsa on Friday,
September 14, 2001.
Palestinian violence against Israeli settlers prevented some settlers
from reaching Jewish holy sites in the occupied territories during the
period covered by this report. Some Israelis were unable to reach Jewish
sites in the occupied territories such as Rachel's Tomb and the Tomb
of the Patriarchs in Hebron due to the ongoing violence, including on
religious holidays.
Abuses of Religious Freedom
Since the establishment of the PA, there have been periodic allegations
that a small number of Muslim converts to Christianity at times are
subjected to societal discrimination and harassment by PA officials,
including detention and questioning by security forces. During the period
covered by this report, there was one such allegation. The allegation
could not be verified. With regard to other allegations of mistreatment
in recent years, conversion may have been only one of several factors
leading to the mistreatment. In previous years, the PA stated that it
investigated such allegations; however, it did not make available the
results of these investigations.
During the period covered by this report, several Christian religious
leaders and lay members were deliberately mistreated or accidentally
injured by Israeli forces. On April 4, 2002, patriarchs of several major
Christian denominations in Jerusalem claimed that the IDF forcibly entered
numerous churches in Bethlehem and Ramallah and mistreated clergymen.
For example, the Syrian Orthodox Archbishop claimed that an IDF unit
entered a Syrian Orthodox Church in Bethlehem, damaged property, and
threatened a 70-year-old priest with a gun. On April 7, 2002, an Israeli
army unit operating in Ramallah forced its way into the Lutheran Church
of Hope and used the pastor as a human shield, forcing him to walk ahead
of the unit into potentially hostile areas as it searched the premises.
On April 8, another Israeli army unit similarly used a Christian religious
leader, Reverend Ramez Ansara of the Lutheran Evangelical Church. On
April 10, an IDF sniper shot and wounded an Armenian lay monk during
the stand-off at the Church of the Nativity.
According to some Palestinian individuals and human rights organizations,
Israeli soldiers at times arbitrarily enforced closure in such a way
as to interfere with Muslim religious practices. In particular there
were allegations that Israeli soldiers closed the al-Ram checkpoint
at sundown late in 2001 during Ramadan, thereby preventing thousands
of Muslims from returning home to break their fasts. There also were
several unconfirmed accounts of IDF personnel at checkpoints coercing
Palestinians into breaking their fasts during Ramadan as a condition
for being allowed to pass through the checkpoint. There were no reports
of any disciplinary action taken against the soldiers.
On June 4, 2001, the day that Muslims celebrated the Prophet Mohammed's
birthday, IDF personnel closed the al-Ibrahimi mosque in Hebron in violation
of the Hebron Protocol, which stipulates that the mosque should be available
to Muslim worshipers on Muslim holidays. Israeli police personnel also
arrested seven Muslims who were near the mosque.
Although it is difficult to assess culpability in the destruction of
and damage to many places of worship in the occupied territories, their
destruction or damage affects the practice of religion and religious
freedom. Among the sites damaged were St. Mary’s Convent, the chapel
at Bethlehem University, the Lutheran Church and orphanage in Beit Jala,
the Latin Convent in Beit Sahour, the Bethlehem Bible College, a Syrian
Orthodox Church, the Russian Orthodox Pilgrim’s House, and the
Omar Ibn al-Khattab Mosque. The ninth century al-Khader Mosque in Nablus,
reputed to be the oldest mosque in the occupied territories, and the
church of Mar Mitri, the oldest Christian church in Nablus, both were
destroyed.
Throughout the period covered by this report, there were credible accounts
of Israeli soldiers acting on their own causing damage to Palestinian
church property. In Bethlehem gun and tank fire damaged the Holy Family
Hospital, the Lutheran Christmas Church, and the Dar al-Kalima Academy.
Such damage often was extensive and included destruction of church and
school property, including religious symbols. Damage in a number of
these cases exceeded $85,000, and the institutions have filed claims
for restitution with the Israeli Government. The Israeli Government
did not refurbish any of the places of worship that the IDF damaged
while operating in the occupied territories, and denied requests for
compensation submitted in that regard. The Government stated that it
was not responsible for damages incurred during a state of war.
Armed action by Palestinian gunmen and members of the Palestinian security
services against Israeli forces damaged some religious buildings. During
an April 2002 armed standoff between Israeli forces and a group of approximately
160 Palestinian gunmen, including PA security forces, the Church of
the Nativity, the Latin (Roman Catholic) section of the Nativity compound,
and the Greek Orthodox and Armenian monasteries sustained considerable
material damage.
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 of the refusal to allow such citizens to be returned
to the United States.
Section III. Societal Attitudes
Generally there are amicable relations between Christians and Muslims.
However, tensions do exist and occasionally surface. Relations between
Jews and non-Jews, as well as among the different branches of Judaism,
often are strained. Tensions between Jews and non-Jews exist primarily
as a result of the Arab-Israeli conflict, as well as Israel's control
of access to sites holy to Christians and Muslims. Non-Orthodox Jews
have complained of discrimination and intolerance.
Societal attitudes are a barrier to conversions, especially for Muslims
converting to Christianity. One senior Christian cleric reportedly quietly
dissuaded a number of such prospective converts from being baptized
in Jerusalem for fear that they would be ostracized by their families
or subjected to violence. In previous years, there were reports that
some Christian converts from Islam who publicized their religious beliefs
were harassed.
There are some reports of Christian-Muslim tension in the occupied territories.
For example, sectarian tensions were visible on January 31, 2002, after
a Palestinian Christian taxi driver stabbed and killed a Muslim during
a dispute at the Qalandiya checkpoint. That night male friends and relatives
of the Muslim retaliated by attacking Christian-owned shops and residences
in Ramallah. In addition there have been periodic accusations that Muslim
Tanzim militia members deliberately opened fire on the Israeli neighborhood
of Gilo from Christian areas in Beit Jala in order to draw IDF fire
onto the Christian homes. Both Muslim and Christian Palestinians have
accused Israeli officials of attempting to foster animosity among Palestinians
by exaggerating reports of Muslim-Christian tensions.
Interfaith romance is a sensitive issue. Most Christian and Muslim
families in the occupied territories encourage their children--especially
their daughters--to marry within the faith. Couples that have challenged
this societal norm have encountered considerable societal and familial
opposition. Some Christian women who have married Muslim men received
death threats from Christian family members and community figures.
In general evangelical churches have not been welcomed by the more
established Christian denominations.
The strong correlation between religion, ethnicity, and politics in
the occupied territories at times imbues the Israeli-Palestinian conflict
with a religious dimension. The rhetoric of some Jewish and Muslim religious
leaders has been harsher since the outbreak of the Intifada in October
2000. During the first year of the Intifada there were also a number
of attacks on Muslim and Jewish places of worship and religious shrines
in the occupied territories.
There again were some reports of settler violence against Palestinian
places of worship during the period covered by this report. On October
21, 2001, Israeli settlers vandalized the al-Kayyal Mosque in Hebron.
During the period covered by this report, Muslims on the Temple Mount/Haram
al-Sharif on several occasions threw stones over a high wall onto the
Western Wall plaza where Jews were praying.
The rhetoric of some Jewish and Muslim religious leaders was harsh
and at times constituted an incitement to violence during the period
covered by this report. For example, PA-controlled television stations
frequently broadcast anti-Semitic statements by Palestinian political
and spiritual leaders and PA officials. Some prominent Israelis also
made public anti-Arab statements.
Instances of ultra-Orthodox Jewish groups verbally or physically harassing
Jewish citizens for "immodest dress" or other violations of
their interpretation of religious law occurred in previous years. There
also were instances of ultra-Orthodox Jews harassing Christians and
Muslims. On several occasions during the period covered by this report,
a group of ultra-Orthodox Jews known as the "Temple Mount Faithful"
attempted to force their way inside the Haram al-Sharif/Temple Mount.
In addition, the same group periodically attempted to lay a cornerstone
for the building of a new Jewish temple that would replace the Islamic
Dome of the Rock shrine, an act that local Muslims considered an affront.
On May 13, 2002, a group of Haredim (ultra-Orthodox Jews) interrupted
an evangelical Christian conference in Jerusalem and threw a stink bomb
into the congregation. Conference organizers accused the Haredim of
stealing sound equipment during the incident.
Section IV. U.S. Government Policy
The U.S. Consulate General in Jerusalem maintains an ongoing, dialog
with officials in the Palestinian Authority, and (in conjunction with
Embassy Tel Aviv) with Israeli officials on human rights issues, including
issues of religious freedom. The Consulate also maintains contacts with
representatives of the Islamic Waqf--an Islamic trust and charitable
organization that owns and manages large amounts of real estate, including
the al-Aqsa mosque in Jerusalem--as well as with the various Christian
churches and Jewish communities in Jerusalem.
The Consulate investigates allegations of abuses of
religious freedom. During the period covered by this report, the Consulate
investigated a range of charges, including allegations of damage to
places of worship, allegations of incitement, and allegations concerning
access to holy sites.
Sources: U.S. State Department - Bureau of Democracy, Human Rights and Labor |