Israel
(2002)
Israel has no constitution; however, the law provides
for freedom of worship, and the Government generally respects this right
in practice.
There was no change in the status of respect for religious freedom
during the period covered by this report. The Basic Law describes Israel
as a "Jewish" and "democratic" state. The overwhelming
majority of non-Jewish citizens are Muslims, Druze, and Christians.
Of this group, most are Arabs, and are subject to various forms of discrimination,
some of which have religious dimensions. Israeli Arabs, temporary residents,
and other non-Jewish Israelis, are, in fact, generally free to practice
their religions.
Relations among religious groups--between Jews and non-Jews, between
Muslims and Christians, and among the different streams of Judaism--often
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, due primarily to terrorist
attacks, mostly in the form of suicide bombings by Palestinians, and
Israel Defense Force (IDF) actions in the occupied territories. The
terrorist attacks against civilian targets in Israel impeded many aspects
of daily life, including religious practice.
The U.S. Government discusses religious freedom issues with the Government
in the context of its overall dialog and policy of promoting human rights.
Section I. Religious Demography
Based on its pre-1967 borders, Israel has a total area of approximately
7,685 square miles, and its population is approximately 6.5 million
(including Israeli settlers who live in the occupied territories). According
to government figures, approximately 80 percent of the population are
Jewish, although an unknown number of these citizens do not qualify
as Jews according to the definition espoused by Orthodox Judaism. Additionally,
non-Jews (usually Christians) who immigrate to the country with their
Jewish relatives often are counted as Jews for statistical purposes.
According to government figures, among the Jewish population, approximately
4.5 percent are Haredi, or ultra-Orthodox, and another 13 percent are
Orthodox. The vast majority of the Jewish population describe themselves
as "traditional," or "secular" Jews, most of whom
observe some Jewish traditions. For example, a poll conducted during
the period covered by this report found that during Passover, over 80
percent of the country’s Jewish population refrained from eating
non-kosher food despite the fact that such food could be purchased in
non-Kosher stores and restaurants. A growing but still small number
of traditional and secular Jews associate themselves with the Conservative,
Reform, and Reconstructionist streams of Judaism, which are not officially
recognized in the country. A poll released in December 2001 found that
the majority of Jews accepted the tenets of Reform and Conservative
Judaism, and that the vast majority believed Reform and Conservative
weddings conducted in Israel should be recognized by the State. Though
they are not officially recognized by the Government, these streams
of Judaism do receive a small amount of government funding and are recognized
by the country's courts.
Approximately 20 percent of the population generally are non-Jewish.
Of this 20 percent, approximately 80 percent are Muslim, 10 percent
Christian, and 10 percent Druze. The country's non-Jewish population
is concentrated in the north, east-central, and southern parts of the
country. There also are small numbers of evangelical Christians and
Jehovah's Witnesses.
Many Israeli Arabs associate themselves with the secular parties in
Israel, including the Communist Party, which has a majority Arab membership.
Other Israeli Arabs associate with parties aligned with the Islamic
Movement or with small, Arab-centered parties. Many Jews also associate
with parties representing their religious or ethno-religious beliefs.
The remainder of citizens identify with various secular parties.
There are a number of missionary groups operating in the country.
Section II. Status of Religious Freedom
Legal/Policy Framework
There is no constitution; however, the law provides for freedom of
worship, and the Government generally respects this right in practice.
The Declaration of Independence describes the country as a "Jewish
state," but also provides for full social and political equality
regardless of religious affiliation. Israeli Arabs and other non-Jews
are, in fact, generally free to practice their religions. The discrepancies
that exist in the treatment of various communities in society are based
on several variables, including the distinction between Jewish and non-Jewish
citizens. Due to the historic influence of Orthodox Jewish political
parties, the Government implements certain policies based on interpretations
of religious law. For example, the national airline, El Al, and public
buses in most cities do not operate on the Sabbath; however, some private
bus companies operate on Saturday. According to the law, Jews in most
professions may not work on the Sabbath. This law generally is enforced
in the retail sector; however, it is enforced inconsistently in the
entertainment sector. Additionally, streets in some Orthodox Jewish
neighborhoods are closed to vehicles on the Sabbath.
The Government recognizes 5 religions, including 10 Christian denominations.
The status of some Christian organizations with representation in the
country heretofore has been defined by a collection of ad hoc arrangements
with various government agencies. Several of these organizations seek
to negotiate with the Government in an attempt to formalize their status.
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 for the delay in recognition is 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. While the lack of
recognition may not hinder the Patriarch's ability to fulfill his spiritual
obligations directly, it may affect his ability to leave and return
to Israel without restriction.
At least a few of the IDF soldiers who were killed in action since
September 2000 were Muslim, Druze, and Israeli Arab Christian. After
the family of one of the soldiers who was killed in February 2000 could
not find a Muslim cleric to perform his burial, there was public debate
over the fact that the IDF does not employ a Muslim chaplain. In late
2000, Prime Minister Ariel Sharon ordered the IDF to hire a Muslim chaplain;
however, by the end of the period covered by this report, the IDF was
unable to find a Muslim cleric who was willing to serve as an IDF chaplain.
The Government funds both religious and secular schools in the country,
including non-Jewish religious and secular schools. Some secular Jewish
schools have adopted a religious education program developed by the
non-Orthodox streams. Schools in Arab areas, including Arab parochial
schools, receive significantly fewer resources than comparable Jewish
schools. During the period covered by this report, the Municipality
of Jerusalem attempted to turn control of a declining Jerusalem school
over to the Progressive (Reform) movement, which runs a successful school
in Haifa. However, after ultra-Orthodox leaders threatened to defeat
the Jerusalem mayor in any upcoming elections if the Progressives took
control of the school, the offer was rescinded.
Jewish religious holidays such as Rosh Hashana, Yom Kippur, Sukkot,
and Passover are state holidays. Arab municipalities often recognize
Christian and Muslim holidays.
Restrictions on Religious Freedom
Orthodox Jewish religious authorities have exclusive control over Jewish
marriages, divorces, and most burials. Many Jewish citizens object to
such exclusive control, and it has at times been a source of serious
controversy in society.
Under the Law of Return, the Government grants automatic citizenship
and residence rights to Jewish immigrants and their families. Based
on a decision made in 2000 by the Attorney General, residency rights
are not granted to relatives of converts to Judaism, except to children
of female converts who are born after the mother's conversion is complete.
The Law of Return does not apply to non-Jews or to persons of Jewish
descent who have converted to another faith. Approximately 36 percent
of the country's Jewish population was born outside of the country.
The Government until this year designated "nationality" (i.e.,
Arab, Russian, or "Jew," etc.) on national identity documents.
Groups representing persons who consider themselves Jewish but who do
not meet the Interior Ministry's criteria long have sought a change
in the rules, or to have the nationality designation completely removed
from identity cards, a move also supported by many Arab groups. In February
2002, the Supreme Court ruled that the Ministry of Interior must register
as Jewish 24 persons who had converted in Israel to Judaism through
Reform or Conservative conversions (the Government has recognized such
conversions performed overseas since 1986). This decision would affect
the "nationality" designation on the identification cards
of such converts, but not their right to Jewish marriage or burial,
which still would be denied. After the Supreme Court’s decision,
several members of the Knesset announced that they would seek legislation
to circumvent the Court’s ruling, while others proposed eliminating
the nationality clause entirely. At the end of the period covered by
this report, new identification cards were being issued without any
nationality designation.
The Government has recognized only Jewish holy places under the 1967
Protection of Holy Sites Law. The Government states that it also protects
the holy sites of other faiths. The Government also states that it has
provided funds for some holy sites of other faiths. Muslim groups complain
that the Government has been reluctant to refurbish mosques in areas
where there is no longer a Muslim population.
A 1977 anti-proselytizing law prohibits any person from offering or
receiving material benefits as an inducement to conversion; however,
there have been no reports of the law's enforcement.
Missionaries are allowed to proselytize, although the Church of Jesus
Christ of Latter-Day Saints (Mormons) voluntarily refrains from proselytizing
under an agreement with the Government. During the period covered by
this report, some missionaries complained of difficulties renewing their
visas, though their complaints eventually were resolved.
The Government generally continued to permit Muslim citizens to make
the Hajj during the period covered by this report. However, for security
reasons, the Government imposed restrictions on its Muslim citizens
who performed the Hajj, including requiring that they be over the age
of 30. The Government does not allow Hajj pilgrims to return if they
leave the country without formal permission. The Government justifies
these restrictions on the grounds that Saudi Arabia remains officially
at war with the country, and that travel to Saudi Arabia therefore is
subject to security considerations.
During the period covered by this report, many groups and individuals
of all religions traveled to Israel freely. However, the Government
at times denied entry to foreign groups or activists, including Jews,
whom it deemed sympathetic to Palestinians or likely to pose a threat
to security. In June 2002, the Government denied entry to 20 predominantly
Muslim American citizens traveling to the country on a 1-week visit
to meet with different religious groups.
The Government states that it is committed to granting equal and fair
conditions to Israeli Arabs, particularly in the areas of education,
housing, and employment. However, the Government does not provide Israeli
Arabs, who constitute approximately 20 percent of the population, with
the same quality of education, housing, employment, and social services
as Jews. On a per capita basis, the Government spends two-thirds as
much for Arabs as for Jews. Although such policies are based on a variety
of factors, they reflect de facto discrimination against the country's
non-Jewish citizens.
In civic areas in which religion is a determining criterion, such as
the religious courts and centers of education, non-Jewish institutions
routinely receive less state support than their Orthodox Jewish counterparts.
Additionally, National Religious (i.e., modern Orthodox, one of Israel's
official Jewish school systems) and Christian parochial schools complain
that they receive less funding than secular schools despite the fact
that they voluntarily abide by all national curricular standards. During
the period covered by this report, the two groups together took their
case for equal funding to the High Court.
Government resources available to Arab public schools are less than
proportionate to those available to Jewish public schools. Israeli Arab
private religious schools are considered among the best in the country;
however, parents often must pay tuition for their children to attend
such schools due to inadequate government funding. Jewish private religious
schools receive significant government funding. Non-Jews are underrepresented
in the student bodies and faculties of most universities and in the
higher level professional and business ranks.
Government funding to the different religious sectors is disproportionate.
Non-Orthodox streams of Judaism and the non-Jewish sector receive proportionally
less funding than the Orthodox Jewish sector. Only 2 percent of the
Ministry of Religious Affairs budget goes to the non-Jewish sector.
The High Court of Justice heard a case in 1997 alleging that the budgetary
allocation to the non-Jewish sector constituted discrimination. In 1998
the Court ruled that the budget allocation constituted "prima facie
discrimination" but that the plaintiff's petition did not provide
adequate information about the religious needs of the various communities.
In May 2000, the same plaintiffs presented a case on the specific needs
of religious communities regarding burials. The court agreed that non-Jewish
cemeteries were receiving inadequate resources and ordered the Government
to increase funding to such cemeteries; the Government began to implement
this decision in 2001, though some groups complained that implementation
was too slow.
The Jewish National Fund owns approximately 8 percent of the country’s
land area and manages another 8 percent on behalf of the Government.
The JNF’s by-laws prohibit it from selling or leasing land to non-Jews,
which has prevented Israeli Arabs from buying homes in JNF developed
areas.
Israeli-Arab organizations have challenged the Government's "Master
Plan for the Northern Areas of Israel," which listed as priority
goals increasing the Galilee's Jewish population and blocking the territorial
contiguity of Arab villages and towns, on the grounds that it discriminates
against Arab citizens.
Each recognized religious community has legal authority over its members
in matters of marriage and divorce. Secular courts have primacy over
questions of inheritance, but parties, by mutual agreement, may bring
inheritance cases to religious courts. Jewish and Druze families may
ask that some family status matters, such as alimony and child custody,
be adjudicated in civil courts as an alternative to religious courts.
Christians only may ask that child custody and child support be adjudicated
in civil courts as an alternative to religious courts. Muslims have
no recourse to civil courts in family-status matters.
The State does not recognize marriages or conversions to Judaism performed
in the country by non-Orthodox rabbis. In June 2001, the Chief Rabbinate
issued new regulations stipulating that immigrants who arrived in the
country after 1990 must be investigated to confirm that they are Jewish
before they can be married in a Jewish ceremony. Many Israeli Jews who
wish to marry in secular or non-Orthodox religious ceremonies do so
abroad, and the Ministry of Interior recognizes such marriages. However,
many Jewish citizens object to such exclusive control, and it has been
at times a source of serious controversy in society, particularly in
recent years, as thousands of immigrants from the former Soviet Union
have not been recognized as Jewish by Orthodox authorities. For example,
at least one IDF soldier who considered himself Jewish and was killed
in action during the period of this report was not eligible for burial
in the Jewish section of a military cemetery because he was not Jewish
under Orthodox Jewish law. After considerable public outcry over the
ruling that he was not eligible for a Jewish funeral, the father of
the soldier announced that he was satisfied with the portion of the
cemetery where his son would be laid to rest, a portion reserved for
persons whose Jewishness was in question. Following the Dolphinarium
discotheque bombing in June 2001, which killed 21 Israelis, some religious
authorities questioned whether several of the young victims, who were
immigrants from the former Soviet Union, qualified for Jewish burial.
One of the victims ultimately was buried in a special part of a cemetery
reserved for persons whose Jewish identity was "in doubt."
Newspapers reported that the decision distressed many Russian immigrants.
Under the Jewish religious courts' interpretation of personal status
law, a Jewish woman may not receive a final writ of divorce without
her husband's consent. Consequently, there are thousands of so-called
"agunot" in the country who are unable to remarry or have
legitimate children because their husbands either have disappeared or
refused to grant a divorce.
Rabbinical tribunals have the authority to impose sanctions on husbands
who refuse to divorce their wives or on wives who refuse to accept a
divorce from their husbands. At least one man, a U.S. citizen, has been
in jail for 3 years because he refuses to grant his wife a writ of divorce.
However, in some cases rabbinical courts have failed to invoke sanctions.
In cases in which a wife refuses to accept a divorce, the rabbinical
courts occasionally allow a husband to take a second wife; however,
a wife never may take a second husband. Rabbinical courts also may exercise
jurisdiction over and issue sanctions against non-Israeli persons present
in the country.
Some Islamic law courts have held that Muslim women may not request
a divorce, but that women may be forced to consent if a divorce is granted
to a man.
Members of unrecognized religious groups (particularly evangelical
Christians) sometimes face problems obtaining marriage certificates
or burial services. However, informal arrangements provide relief in
some cases.
A group of more than 100 Orthodox, Conservative, and Reform women continued
a long legal battle to hold women's prayer services at the Western Wall.
In May 2000, the High Court ruled that women could pray aloud and wear
prayer shawls at the Western Wall. In November 2000, an expanded High
Court reheard the case; a decision still was pending at the end of the
period covered by this report. Most Orthodox Jews believe that mixed
gender prayer services violate the precepts of Judaism, and Jews generally
still are unable to hold egalitarian (mixed gender) prayer services
at the Western Wall. The Conservative movement is experimenting with
conducting services at a different, recently excavated portion of the
wall. The North American Reform Movement has rejected such an alternative.
There were no complaints of harassment of members of Jehovah's Witnesses
during the period covered by this report; however, of the over 120 cases
of harassment filed by members of Jehovah's Witnesses between 1998 and
2000, many still were pending.
There are numerous nongovernmental organizations maintaining dialogue
between different religions. Interfaith dialogue often is linked to
the peace process between the country and its Arab neighbors.
There were no reports of religious prisoners or detainees.
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 of the refusal to allow such citizens to be returned
to the United States.
Section III. Societal Attitudes
Relations among different religious groups--between Jews and non-Jews,
between Christians and Muslims, and among the different streams of Judaism--often
are strained. Many Jewish citizens object to the exclusive control the
Orthodox Jewish authorities have over Jewish marriages, divorces, and
most burials. This has been, at times, a source of serious controversy
in society. Tensions between Jews and non-Jews exist primarily as a
result of the Arab-Israeli conflict, and increased significantly during
the period covered by this report, due primarily to terrorist attacks,
mostly in the form of suicide bombings by Palestinians, and IDF actions
in the occupied territories. The terrorist attacks against civilian
targets in Israel impeded many aspects of daily life, including religious
practice.
On March 27, 2002, a suicide bomber attacked a Passover holiday seder
in Netanya, killing 20 persons and injuring over 100. The bomber, who
was on a list of wanted terrorists, also died in the explosion.
Animosity between secular and religious Jews continued during the period
covered by this report. Non-Orthodox Jews have complained of discrimination
and intolerance. Persons who consider themselves Jewish but who are
not considered Jewish under Orthodox law particularly complained of
discrimination. Instances of ultra-Orthodox Jewish groups or individuals
verbally or physically harassing women for "immodest dress"
or other violations of their interpretation of religious law are not
uncommon in ultra-Orthodox neighborhoods.
Observant Jews also faced some discrimination. In May 2001, the Beersheva
labor court ruled that employers could not discriminate against employees
or job applicants who refuse to work on the Sabbath. The case was brought
by an engineer who was refused a position because he did not work on
the Sabbath. The judge ruled that "an employer is obligated to
behave equally towards job seekers, including setting conditions of
acceptance that do not take into account the potential employees' beliefs
or religion, unless the job functions require distinctions, such as
work on the Sabbath."
Israeli Arab groups allege that many employers use the prerequisite
of military service to avoid hiring non-Jews, including for jobs that
are unrelated to national security.
Societal attitudes toward missionary activities and conversion generally
are negative. Jews frequently are opposed to missionary activity directed
at Jews and occasionally are hostile toward Jewish converts to Christianity.
Such attitudes often are attributed to the frequent periods in Jewish
history in which Jews were coerced to convert to Christianity.
Christian and Muslim Israeli Arab religious leaders complain that missionary
activity that leads to conversions frequently disrupts family coherence
in their community. Muslims consider any conversion from Islam to be
apostasy.
In recent years, evangelical Christians, Jehovah’s Witnesses,
and Reform and Conservative Jews complained of incidents of harassment,
threats, and vandalism directed against their buildings and other facilities,
many of which were committed by two ultra-Orthodox groups, Yad L’Achim
and Lev L’Achim. In May 2002, an unidentified person or persons
drew a swastika and an epithet on the door of the Israel Religious Action
Center, the legal arm of the Reform Movement. The incident occurred
apparently in response to plans to turn control of a local school over
to the Reform Movement (see Section II).
Section IV. U.S. Government Policy
The U.S. Embassy consistently raised issues of religious freedom with
the Foreign Ministry, the police, the Prime Minister's office, and the
Ministry of the Interior.
In meetings with the Israeli officials, the U.S. Embassy in Israel
and State Department officials in Washington have objected to the arbitrary
and discriminatory practice of denying some U.S. citizens entry into
Israel based on religious and ethnic background.
Embassy representatives, including the Ambassador, routinely meet with
religious officials. These contacts included meetings with Jewish, Christian,
Muslim, and Baha'i leaders at a variety of levels.
Embassy officials maintain a dialog with NGO's that follow human and
civil rights issues, including religious freedom. These NGO's include
the Association for Civil Rights in Israel, the Israel Religious Action
Center, Adalah, and others.
Embassy representatives attended meetings of groups
seeking to promote interfaith dialog, including the Interreligious Coordinating
Council in Israel, the Anti-Defamation League, and others. The Embassy
provided small grants to local organizations promoting interfaith dialog
and to organizations examining the role of religion in resolving conflict.
Sources: U.S. State Department - Bureau of Democracy, Human Rights and Labor |