Palestinian Territories
(2004)
Israel occupied the West Bank, Gaza Strip, Golan Heights,
and East Jerusalem during the 1967 War. Israel and the Palestinian Authority
(PA) now administer the West Bank and Gaza Strip to varying extents.
The PA does not have a constitution; however, the Basic Law provides
for freedom of religion, and the PA generally respects this right in
practice. The Basic Law names Islam as the official religion but also
calls for "respect and sanctity" for other religions.
There was deterioration in the status of the PA's respect
for religious freedom during the period covered by this report. The
PA failed to halt several cases of seizures of Christian-owned land
in the Bethlehem area by criminal gangs. There were credible reports
that PA security forces and judicial officials colluded with members
of these gangs to extort property illegally from Christian landowners.
Several cases of physical attacks against Christians in Bethlehem also
went unaddressed by the PA, while attacks against Muslims in the same
area were investigated.
Israel exercises varying degrees of legal control in
the occupied territories. Israel has no constitution; however, Israeli
law provides for freedom of worship, and the Israeli Government generally
respects this right in practicein the occupied territories.
There was deterioration in the status of the Israeli
Government's respect for religious freedom during the period covered
by this report. Israel's strict closure policies frequently restricted
the ability of Palestinians to reach places of worship and practice
their religions. Israel failed to grant new visas or extensions of old
visas to hundreds of Christian clergy, seriously impeding the functioning
of their congregations in the occupied territories. The Israeli Government
seized land belonging to several religious institutions to build its
separation barrier between East Jerusalem and the West Bank.
There generally are amicable relations between Christians
and Muslims, although tensions exist. Societal attitudes are a barrier
to conversions from Islam. Relations between Jews and non-Jews, as well
as among the different branches of Judaism, sometimes are strained.
Societal tensions between Jews and non-Jews exist primarily as a result
of the Palestinian-Israeli conflict; such tensions continued to remain
high during the period covered by this report. The violence that has
occurred since the outbreak of the Intifada in October 2000 has significantly
curtailed religious practice in many areas of the occupied territories.This
violence included severe damage to places of worship and religious shrines
in the occupied territories.
The U.S. Government discusses religious freedom issues
with the PA and the Israeli Government as part of its overall policy
to promote human rights.
Section I. Religious Demography
The occupied territories are composed of the Gaza Strip,
the Golan Heights, the West Bank, and East Jerusalem. The Gaza Strip
covers an area of 143 square miles, and its population is approximately
1.4 million persons, not including approximately 7,800 Israeli settlers.
The West Bank (excluding East Jerusalem) covers an area of 2,238 square
miles, and its population is approximately 2.3 million persons, not
including approximately 190,000 Israeli settlers. East Jerusalem covers
an area of 27 square miles, and its population is approximately 390,000
persons, including approximately 180,000 Israeli settlers. The Golan
Heights covers an area of 1,295 square kilometers, and its total population
is approximately 20,000.
Approximately 98 percent of Palestinian residents of
the occupied territories are Sunni Muslims. According to a 1997 Palestinian
Central Bureau of Statistics estimate, approximately 39,560 Palestinian
Christians live in the occupied 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
together), Protestants, Syriacs, Armenians, Copts, Maronites, and Ethiopian
Orthodox. In general Christians are concentrated in the areas of Jerusalem,
Ramallah, and Bethlehem. According to municipal officials in Bethlehem,
since 2002 approximately 2,400 Christians from the Bethlehem area have
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. There is also a community
of approximately 550 Samaritans (an ancient offshoot of Judaism) located
on Mount Gerazim near Nablus in the West Bank.
Several evangelical Christians as well as members of
Jehovah's Witnesses operate in the West Bank. Foreign missionaries operate
in the occupied territories, including 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 does not have aconstitution;
however, the Basic Law provides for religious freedom, and the PA generally
respects this right in practice. The PA has not adopted legislation
regarding religious freedom; however, both the Basic Law and the draft
constitution address religion. The Basic Law states 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." In 2002 the Basic Law was approved by the
Palestinian Legislative Council (PLC) and signed by PA Chairman Yasir
Arafat. The March 2003 draft constitution states that "Islam is
the official religion of the State,"and "Christianity and
all other monotheistic religions shall be equally revered and respected."
It is unclear whether the injunction to "respect" other religions
would translate into an effective legal protection of religious freedom.
The Basic Law states that the principles of Shari'a (Islamic law) are
"the main source of legislation," while the draft constitution
states that Shari'a is "a major source of legislation."
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 and 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 became active
within the last decade, whose legal status is more tenuous.
The first group of churches is governed by 19th century
status quo agreements reached with Ottoman authorities, which the PA
respects, and which 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 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, churches in the second category,
which includes the Assembly 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 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 from Christians who fear that the new arrivals may disrupt the status
quo. However, these churches generally operate unhindered by the PA.
In practice the PA requires Palestinians to declare
religious affiliation on identification papers. All personal status
legal matters must be handled in either Islamic or Christian ecclesiastical
courts if such courts exist for the individual's denomination. All legally
recognized individual sects are empowered to adjudicate personal status
matters, and in practice most do so. Neither the PA nor the Government
of Israel currently has a civil marriage law. Legally, members of one
religious group mutually may agree to submit a personal status dispute
to a different Christian denomination to adjudicate, but in practice
this does not occur. Churches that are not officially recognized by
the PA or the Government of Israel must obtain special permission to
perform marriages or adjudicate personal status issues; however, in
practice nonrecognized churches advise their members to marry (or divorce)
abroad.
Since Islam is the official religion of the PA, 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 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 occupied territories.
The PA requires that religion be taught in PA schools,
with separate courses for Muslim and Christian students. A compulsory
curriculum requires thestudy of Christianity for Christian students
and Islam for Muslim Studentsin grades one through six.
The PA does not officially sponsor interfaith dialogue;
however, it attempts to foster goodwill among Muslim and Christianreligious
leaders. The PA makes an effort to maintain good relations with the
Christian community;however, the PA has not taken sufficient action
to remedy harassment and intimidation of Christian residents of Bethlehem
by the city's Muslim majority. In some cases, PA officials appear to
have been complicit in property extortion of Palestinian Christian residents.
Within the Ministry of Religious Affairs, there is a department responsible
for Christian affairs, and PA Chairman Yasir Arafat has an advisor on
Christian affairs. Six seats in the 88-member Palestinian Legislative
Council (PLC) are reserved for Christians and one seat is reserved for
Samaritans; there are no seats reserved for members of any other faith.
The PA observes several religious holidays, including
Eidal-Fitr, Eidal-Adha, Zikra al-Hijra al-Nabawiya, Christmas,and the
Prophet Muhammad's birthday. Christians also may observe the Easter
holiday.
Israel has no constitution; however, Israeli law provides
for freedom of worship, and the Israeli Government generally respects
this right in practice in the occupied territories. Israel exercises
varying degrees of legal control in the occupied territories. The international
community considers Israel's authority in the occupied territories to
be subject to the 1907 Hague Regulations and the 1949 Geneva Convention
relating to the Protection of Civilians in Time of War. The Israeli
Government considers the Hague Regulations applicable and maintains
that it largely observed the Geneva Convention's humanitarian provisions.
The Israeli Government applies Israeli law to East Jerusalem and the
Golan Heights, areas that it annexed after 1967.
The Israeli Government gives preferential treatment
to Jewish residents of the occupied territories and East Jerusalem when
granting permits for home building and civic services. For example,
Palestinian residents of Jerusalem pay the same taxes as Jewish residents;
however, Palestinian residents receive significantly fewer municipal
services than Jewish residents. Many of the national and municipal policies
enacted in Jerusalem are designed to limit or diminish the non-Jewish
population of Jerusalem. These are official policies that every Jerusalem
municipal government has admitted to and followed since 1967. According
to Palestinian and Israeli human rights organizations, 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.
Restrictions on Religious Freedom
Since the start of the Intifada, officials in the Jerusalem
Waqf have prohibited non-Muslims from entering the sanctuary of the
Haram al-Sharif/Temple Mount, the third holiest shrine in Islam and
the holiest site in Judaism. Waqf officials have claimed that this is
a temporary closure implemented because Waqf officials cannot justify
allowing non-Muslims to visit the Haram al-Sharif at a time when Palestinian
Muslims from the occupied territories are prevented from visiting and
worshiping there. Palestinians generally have been unable to reach the
Haram al-Sharif due to travel restrictions against entry into Jerusalem.
Restrictions at times are placed on entry into the Haram al-Sharif itself
even for Palestinian residents of Jerusalem, such as the restriction
of males under the age of 45.
The Israeli police previously cooperated with the Waqf
in keeping the Haram al-Sharif closed to non-Muslims; however, in June
2003, Israeli police officers began escorting groups of Christian and
Jewish tourists into the Haram al-Sharif/Temple Mount for visiting but
not worshipping, against the wishes of the Waqf authorities. Israeli
police spokesmen indicated that the visits were an effort by the Government
of Israel to re-assert the right of non-Muslims to visit the shrine.
Waqf officials assert that these visits are a breach of the religious
status quo, which grants the Waqf custodianship over the Haram al-Sharif.
While visits continue, police escorts generally are no longer needed
since the Waqf has acquiesced to these visits. During the period covered
by this report, Waqf officials claimed that the police effectively did
not prevent nationalistic Jewish groups from entering the Haram al-Sharif
to conduct religious or political activities.
The Israeli Government annexed East Jerusalem in 1967
and applied Israeli law to the area; therefore, Israeli law and legal
structures govern East Jerusalem. The Israeli High Court of Justice
ruled that a small number of Jews under police escort were to be allowed
to pray at the Haram al-Sharif/Temple Mount. The Israeli Government,
as a matter of stated policy, has prevented non-Muslims from worshipping
at the Haram al-Sharif since 1967. Israeli police consistently have
declined to allow prayer on public safety grounds and publicly have
indicated that this policy has not changed in light of the renewed visits
of non-Muslims to the compound or the court ruling on the issue. Waqf
officials contend that the Israeli police, in contravention of their
stated policy and the religious status quo, have allowed members of
radical Jewish groups to worship at the site. Spokesmen for these groups
have confirmed successful attempts to pray inside the compound in interviews
with the Israeli media.
In 2003, Israeli police detained four guards employed
by the Waqf on charges that they harassed Jewish visitors to the Haram
al-Sharif/Temple Mount and banned the four from returning to the compound
for 2 months. Waqf officials insist the guards were detained in retaliation
for protesting cases of Jewish visitors praying at the site.
In 2002, Israeli, Palestinian, and Jordanian officials
arranged to repair a bulge that appeared in the southern wall of the
Haram al-Sharif/Temple Mount. After disagreements between Israeli and
Waqf officials over the cause of the bulge halted repair work for several
months, Jordanian engineers visited the site in November 2002 to examine
the damage and began work in 2003 to repair it. At the end of the period
covered by this report, the work had not been completed.
Personal status law for Palestinians is based on religious
law. For Muslim Palestinians, personal status law is derived from Shari'a,
and various ecclesiastical courts rule on personal status issues 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, formerly under Jordanian rule, Shari'a-based law pertaining to
women is part of the Jordanian Status Law of 1976. Under the 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, in the event of divorce,
would govern financial and child custody matters. Reportedly, few women
utilize this section of the law. Personal status law in Gaza is based
on Shari'a-centered law as interpreted in Egypt; however, the attendant
restrictions on women described above apply as well.
Due to the increased violence and security concerns
related to the Intifada, the Israeli Government has imposed a broad
range of strict closures and curfews in the occupied territories since
October 2000. Such restrictions significantly impeded freedom of access
to places of worship for Muslims and Christians, and these restrictions
remained in place at the end of the period covered by this report.
In 2002, the Government of Israel, citing security
concerns, began constructing a barrier in the occupied territories to
separate the West Bank from Israel and East Jerusalem. Construction
of the barrier has involved confiscation of property owned by non-Jews,
displacement of Christian and Muslim residents, and tightening of restrictions
on freedom of access to places of worship for non-Jewish communities.
The separation barrier has made it difficult for Bethlehem-area
Christians to reach the Church of the Holy Sepulcher in Jerusalem, and
it makes visits to Christian sites in Bethany and in Bethlehem difficult
for both Palestinian Christians and foreign pilgrims. The barrier and
its checkpoints also impede 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.
In February 2003, the Government of Israel issued confiscation
orders for land in Bethlehem that surrounds Rachel's Tomb (a shrine
holy to Jews, Christians, and Muslims) that would place the shrine on
the Israeli side of the separation barrier. Jewish tourists visiting
the shrine occasionally have been harassed by Palestinians, but some
Muslims and Christians claimed that confiscating land around the shrine
in response impedes their access to the site and unjustly harms the
landowners in question. During the period covered by this report, the
land was seized but the Government of Israel had yet to build the separation
barrier in this area. Settlers have obtained ownership of the land and
properties through a disputed land deal. At the end of the period covered
by this report, there was an impending court case regarding the legal
status of this land.
In 2003, the Government of Israel confiscated land
from the Baron Deir monastery in Bethlehem, which belongs to the Armenian
Patriarchate, for construction of an Israel Defense Forces (IDF) patrol
road in the area. Negotiations between the Patriarchate and the Government
of Israel reduced the amount of land confiscated. At the end of the
period covered by this report, the parties had not reached an agreement
on compensation for damage done to the property by the IDF during incursions
into Bethlehem in 2002.
During the period covered by this report, the Israeli
Government confiscated land belonging to three Catholic institutions
in Bethany for construction of the separation barrier: the Camboni Sisters
Convent, the Passionist Monastery, and the Sisters of Charity Convent.
At the end of the period covered by this report, work on the barrier
in this area was almost finished. In the village of Bethpage on the
Mount of Olives, the Israeli Government continued building an 8-meter
high concrete separation barriersection next to the walls of several
Christian institutions. Local religious leaders argued that the barrier
in Bethpage would prevent them from holding the annual Palm Sunday procession
from Bethany to the Old City of Jerusalem in the future.
Israeli closure policies, imposed according to the
Israeli Government due to security concerns, 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 numerous occasions, including nearly the entire month
of April, the Israeli Government also prevented worshippers under the
age of 45 from attending Friday prayers inside the Haram al-Sharif.
The Israeli Government stated that it did so to prevent outbreaks of
violence following Friday prayers. In September 2003, February, and
April, Israeli police clashed with Muslim worshippers at the Haram al-Sharif.
On each occasion, Israeli police said Palestinian worshippers threw
stones at Jewish worshippers at the nearby Western Wall. Waqf officials
countered that Israeli troops entered the compound before the prayer
times ended, violating the sanctity of the site and provoking the clashes.
Reportedly, during the April clashes approximately 70 Palestinian worshippers
suffered tear gas inhalation and injuries from rubber-coated bullets,
and several Israeli policemen were struck by stones. Jewish worshippers
at the Western Wall below also were prevented on a few occasions from
praying due to stone throwers.
The Israeli Government's closure policy prevented several
Palestinian religious leaders (both Muslim and Christian) from reaching
their congregations. In 2001 the Israeli Government pledged to create
a "hotline" to facilitate the movement of clerics through
checkpoints; 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.
In January the Israeli Government recognized the duly
elected Greek Orthodox Patriarch, Eirinaios I, but this recognition
was delayed until March, when the Israeli High Court rejected a legal
challenge against the Government's decision. Eirinaios I was elected
in August 2001, and because of the lack of recognition by the Israeli
Government, until recently he was unable to conclude financial or legal
arrangements on behalf of the Patriarchate.
In 2002, the Israeli police confiscated the passport
of Archimandrite Attallah Hanna, an Israeli citizen and a priest with
the Greek Orthodox Patriarchate, for allegedly visiting Lebanon, a country
considered hostile to Israel, without permission from the Interior Ministry,
and for making public statements hostile toward Israel while in that
country. The case against Hanna was closed in January after Hanna signed
a declaration renouncing terrorism; however, Hanna was told he needed
to reapply for a new passport.
During the period covered by this report, Palestinian
violence against Israeli settlers prevented some settlers from reaching
Jewish holy sites in the occupied territories. Since early 2001, following
the outbreak of the Intifada, the Israeli Government 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
prevented Israeli Arabs from visiting Muslim and Christian holy sites
in the West Bank, and it prevented Jewish Israelis from visiting other
sites, including Joseph's Tomb in Nablus and an ancient synagogue in
Jericho. 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.
Settler violence against Palestinians prevented some
Palestinians from reaching holy sites in the occupied territories. According
to press reports, for 3 weeks in 2002, settlers in Hebron forcibly prevented
Muslim muezzins from reaching the al-Ibrahimi Mosque/Tomb of the Patriarchs
to sound the call to prayer. According to PA officials in Hebron, the
blocking of muezzins as well as more generally preventing access to
Muslim religious sites continued to be a large problem. The Government
of Israel did not effectively respond to settler-initiated blocking
of religious sites.
Palestinians generally are not allowed to enter Ben-Gurion
airport to travel to Egypt or Jordan, and there are no direct air links
from Israel to Saudi Arabia. If residents of the occupied territories
obtain a Saudi hajj visa, they must travel by ground to Amman (for West
Bankers) or Egypt (for Gazans) and then by ground, sea, or air to Jeddah.
While there are no specific restrictions placed on Palestinians from
making the hajj, all Palestinians face closures and long waits at Israeli
border crossings, which often impede religious movement.
Abuses of Religious Freedom
During the period covered by this report, the Government
of Israel failed to grant new visas to or renew existing visas for more
than 100 Christian clergy ministering in East Jerusalem and the West
Bank. At least 138 requests for visas or extensions for Catholic priests
were outstanding with the Israeli Government at the end of the period
covered by this report, more than double the total at the same time
last year. Catholic officials claimed a majority of the requests were
filed before October 2003, with many requests outstanding since June
2003. Certain Orthodox congregations reported that most of their priests
and religious workers were out of status because of long delays in processing
visa extensions. The Israeli Government claimed that these delays were
due to security processing for visas and extensions.
Catholic, Orthodox, and evangelical Christian leaders
allege that the Government of Israel's refusal to issue new visas or
extensions for religious workers in a timely fashion threatened the
future of their congregations in the Holy Land. Catholic religious leaders
have argued publicly that the visa problems are part of a strategy by
the Israeli Government to reduce the presence of Palestinian Christians
in the occupied territories outside East Jerusalem. They reported that
visas for priests to work in the West Bank were almost impossible to
obtain, while priests posted to East Jerusalem encountered less difficulty.
According to Church leaders, the visa problem had worsened significantly
over the past year. They reported some improvement toward the end of
the period covered by this report, but the problem remains unresolved.
In April, Israeli soldiers prevented a high-level Catholic
delegation from proceeding to the Church of the Nativity in Bethlehem
along the main road adjoining Rachel's Tomb. Local Catholic representatives
and PA officials condemned the act as a violation of the religious status
quo.
In July 2003, during construction of the separation
barrier in the West Bank town of Abu Dis, Israeli authorities damaged
the ruins of a sixth-century Byzantine monastery. Officials of the Israel
Antiquities Authority publicly accused the Defense Ministry of ignoring
repeated warnings about the archaeological value of the site, and they
charged that excavations for the barrier had damaged one-third of the
Byzantine remains. At the end of the period covered by this report,
neither the Defense ministry nor the Antiquities Authority had repaired
the site.
In 2002, Israeli forces deliberately mistreated or
accidentally injured several Christian religious leaders and lay members.
In April 2002, patriarchs of several major Christian denominations in
Jerusalem claimed that the IDF forcibly entered numerous churches in
Bethlehem and Ramallah and mistreated clergymen. 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. At the end of the period covered by this report, the IDF
had not taken disciplinary action against any of its soldiers suspected
of mistreating religious figures.
On June 13, 2003, the day that Muslims celebrated the
Prophet Mohammed's birthday, IDF personnel closed the al-Ibrahimi Mosque/Tomb
of the Patriarchs in Hebron in violation of the Hebron Protocol, which
states that the mosque should be available to Muslim worshipers on Muslim
holidays. On June 24, 2003, Israeli officers issued a new order preventing
the muezzin at the al-Ibrahimi Mosque/Tomb of the Patriarchs in Hebron
from sounding the call to prayer when Jews were praying in their portion
of the shrine. At the end of the period covered by this report, the
order was still in effect.
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 in 2002 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. Both 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,
were destroyed. There were no reports of major damage to religious sites
in the occupied territories. At the end of this reporting period, there
had been no compensation paid for destroyed holy sites.
There were no reports of major damage to Christian
churches. In previous years, there were credible reports that the Israeli
military caused significant damage to Palestinian church property. In
January 2003, the IDF fired a missile that penetrated the roof of St.
Philip's Episcopal Church in the Gaza Strip and exploded inside. The
explosion created a 1.5-meter crater near the altar and shattered all
the stained glass windows and chandeliers. Church officials filed a
claim with the IDF for compensation, but as of June they had not received
a response. At the end of the period covered by this report, the Church
was not repaired and remained unusable. The IDF acknowledged the incident,
claiming it was an accident that occurred while fighting militants.
The IDF generally does not compensate religious groups for damage that
occurred during combat operations.
In 2002, gun and tank fire damaged the Holy Family
Hospital, the Lutheran Christmas Church, and the Dar al-Kalima Academy
in Bethlehem. Such damage was extensive in some cases and included destruction
of church and school property, including religious symbols. The institutions
filed claims for restitution with the Israeli Government. The Israeli
Government did not repair or pay to repair any of the places of worship
that the IDF damaged while operating in the occupied territories, and
it denied requests for compensation that submitted in this regard. The
Israeli Government claims that it is 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 a 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. At the end of this reporting
period, work continued to repair the damage to the church.
In previous years, the PA failed to halt several cases
of seizures of Christian-owned land in the Bethlehem area by criminal
gangs. In many cases, criminal gangs used forged land documents to assert
ownership of lands belonging to Christians. Police refused to investigate
most of these cases. In two cases, police arrested and then released
the suspects on bail and allowed them to continue occupying the land
in question. Local religious and political leaders confirmed that no
such attempts to seize Muslim-owned land took place.
There were credible reports that PA security forces
and judicial officials colluded with members of these gangs to seize
land from Christians. In one reported case, a PA judge openly told a
Palestinian Christian landowner that he and his partners in the PA intelligence
services required a substantial bribe to allow the landowner to remain
on his property. PA officials repeatedly promised Christian leaders
that they would take action in these cases, but by the end of the period
covered by this report, no action had been taken.
Several cases of physical attacks against Christians
in Bethlehem also went unaddressed by the PA, while attacks against
Muslims in the same area were investigated. In December 2003, one prominent
Christian landowner was beaten severely by masked men. No suspects had
been arrested by the end of the period covered by this report. Another
Bethlehem-area Christian resident was shot and seriously injured in
2003 after he insisted that the death of his relative be investigated
by the police rather than resolved through payment of compensation.
No arrests have been made in the 2 years since the man was shot.
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.
Abuses by Terrorist Organizations
During the period covered by this report, the Palestinian
terrorist groups Hamas and Palestinian Islamic Jihad carried out several
terrorist attacks against Israeli civilians. In August 2003, 23 persons
were killed and over 130 injured in a suicide bombing aboard a bus in
Jerusalem. Hamas claimed responsibility for the attack. In October 2003,
Palestinian Islamic Jihad claimed responsibility for a suicide bombing
in a Haifa restaurant that killed 20 persons and injured more than 60.
While these attacks were usually carried out in the name of Palestinian
nationalism, some of the rhetoric used by these organizations has also
reportedly included expressions of anti-Semitism.
A small number of Kach-affiliated Jewish settlers were
arrested for assaulting Palestinians and destroying Palestinian property;
however, most incidents of violence or property destruction reportedly
committed by settlers against Palestinians did not result in arrests
or convictions.
Section III. Societal Attitudes
There generally are amicable relations between Christians
and Muslims, although tensions exist. 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
Palestinian-Israeli conflict, as well as Israel's control of access
to sites holy to Christians and Muslims. Some non-Orthodox Jews have
complained of discrimination and intolerance on the part of some Orthodox
Jews.
Societal attitudes continued to bea barrier to conversions,
especially for Muslims converting to Christianity. In previous years,
there were reports that some Christian converts from Islam who publicized
their religious beliefs were harassed.
There were some reports of Christian-Muslim tension
in the occupied territories. Imams at mosques in Bethlehem have repeatedly
called for violence against all Christians and Jews during their Friday
sermons. These sermons often equate Christians with crusaders and with
foreign countries whose interests are perceived to be contrary to the
Palestinian cause. In addition there have been periodic accusations
that Muslim militants open fire on the Israeli neighborhood of Gilo
from Christian areas in Beit Jala to draw IDF fire onto 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 their respective faiths. Couples who
challenge this societal norm have encountered considerable societal
and familial opposition. For example, there were reports of some Christian
women receiving death threats from Christian family members and community
leaders for marrying Muslim men during the period covered by this report.
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.
In previous years, there were some reports of settler
violence against Palestinian religious establishments. According to
press reports, in October 2002, Israeli settlers in Hebron broke into
the offices of the Waqf in Hebron and destroyed furniture and allegedly
burned deeds to all of the Waqf's property in the city. During the period
covered by this report, there were no reported cases of settler violence
against religious property.
Also in October 2002, two men who appeared to be Orthodox
Jews vandalized a neon crucifix on the roof of Our Lady of the Rosary
Church in Jerusalem. At the end of the period covered by this report,
there had been no arrests.
During the period covered by this report, Muslims on
the Temple Mount/Haram al-Sharif on at least three separate 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 or hatred.
For example, the PA-controlled television station broadcast statements
by Palestinian political and spiritual leaders that resembled traditional
expressions of anti-Semitism, such as Lebanese-produced programming
that appeared related to the anti-Semitic forgery "The Protocols
of the Elders of Zion."Some prominent Israeli officials also made
public anti-Arab statements. Israeli Deputy Defense Minister Ze'ev Boim
asked in February, "What can explain bloody terrorism? What is
the essence of Islam in general and the Palestinians in particular?
Is it insufficient cultural development or genetic defects?"
Israeli activists reported numerous examples in which
PA television shows invoked messages that activists considered anti-Semitic
or that attempted to de-legitimize Jewish history in general. Israeli
settler radio stations often depicted Arabs as subhuman and called for
Palestinians to be expelled from the West Bank.
There were instances of ultra-Orthodox Jews harassing
Muslims. On several occasions, a group of ultra-Orthodox Jews known
as the "Temple Mount Faithful" again attempted to force their
way inside the wall enclosing 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 Muslims considered an affront.
Section IV. U.S. Government Policy
The U.S. Consulate General in Jerusalem discusses religious
freedom issues with the Palestinians, and the U.S. Embassy in Tel Aviv
discusses religious freedom issues with the Government of Israel as
part of its overall policy to promote human rights in the occupied territories.
The Consulate also maintains contacts with representatives of the Jerusalem
Waqf--an Islamic trust and charitable organization that owns and manages
large amounts of real estate, including the Haram al-Sharif/Temple Mount
in Jerusalem--as well as with the various Christian churches and Jewish
communities in Jerusalem.
Consulate General officers regularly urged PA officials
and religious leaders to end incitement in the Palestinian media and
in public statements.
The U.S. Government helped mitigate the delay in granting
visas to religious clerics in the occupied territories. TheU.S. Consulate
General in Jerusalem regularly works with the U.S. Embassy in Tel Aviv
to convey the points of concern regarding visa issuance, andU.S. officials
regularly meet with religious representatives to ensure that their legitimate
grievances are reported and addressed.
The Consulate General 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. Consulate General officers met with
representatives of the Bethlehem Christian community and traveled to
the area to investigate charges of mistreatment of Christians by the
PA. The Consulate General raised the issue of seizure of Christian-owned
land repeatedly with PA officials.
In several cases, the U.S. Embassy intervened with
the Israeli Government to mitigate the damage caused by the separation
barrier to Christian places of worship. The Israeli Government agreed
to consider changes to the route of the barrier in Jerusalem near several
Christian institutions and install pedestrian gates in the barrier to
facilitate the passage of priests and other religious workers. Two of
these route changes were formalized by the end of the period covered by this report.
Sources: U.S. State Department - Bureau of Democracy, Human Rights and Labor |