Palestinian Territories
(1999)
Section I. Freedom of Religion
Israel has no constitution; however, the law provides
for freedom of worship, and the Government generally respects this right in
practice.
The Palestinian Authority
(PA) does not yet have a Constitution and no single law in force
protects religious freedom; however, the PA respects religious freedom in
practice. Although there is no official religion in the PA, Islam is
treated de facto as the official religion.
While the draft Palestinian Basic Law proposes that
Islam be recognized as the official religion, freedom of worship is to be
provided to adherents of other faiths. However, the draft law also
stipulates that "the principles of Islamic Shari'a are a main source
of legislation."
In practice, the PA requires that individuals be
affiliated at least nominally with some religion. Religion must be declared
on identification papers, and all personal status legal matters must be
handled in either Shari'a (Islamic law) or Christian ecclesiastical courts.
Churches in Jerusalem, the West Bank, and Gaza can be
subdivided into three general categories: 1) churches recognized by the
status quo agreements reached under Ottoman rule in the late 19th century;
2) Protestant and evangelical churches that arrived between the late 19th
century and 1967, which are fully tolerated by the PA, although not
officially recognized; and 3) 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 Islam with
Shari'a courts, 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.
The second group of churches, including 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. These churches thus far have been unsuccessful in securing de
jure recognition. However, they operate with de facto recognition and
maintain cooperation from the PA.
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 from both 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.
The great majority of the Palestinian residents of the
occupied territories are Sunni Muslims. A majority of Christians are Greek
Orthodox, with a significant number of Roman Catholics and smaller groups
of Greek Catholics, Protestants, Syriacs, Armenians, Copts, Maronites, and
Ethiopian Orthodox. Christians are concentrated in Jerusalem, Ramallah, and
the Bethlehem area. In addition, there is a Samaritan community of roughly
350 individuals located on Mount Gerazim near Nablus and two small
communities of Jehovah's Witnesses in Bethlehem and Ramallah. Jewish
Israelis reside in Jeruselem, the West Bank, and Gaza.
The PA generally does not prohibit, restrict, or punish
individuals for speaking about their religious beliefs. The PA limited
speech on religious subjects in some instances. For example, two television
stations with religiously oriented programming were shut down by local
police authorities in the Bethlehem area for a period of weeks in May 1999
because their programs were deemed to be divisive (see Section II). The Al-Quds
newspaper reported that a senior PA official stated that religious
broadcasting is the sole domain of the Government.
The PA does not restrict freedom of religion. There are
periodic allegations that a small number of Muslim converts to Christianity
sometimes are subject to societal discrimination and harassment by PA
officials. The PA states that it investigates such complaints, but it has
not shared or publicized the results of these investigations with any
outside party.
There was no pattern of PA discrimination against and
harassment of Christians. There have been allegations that several converts
from Islam to Christianity have been detained by PA security officials
because they proselytized too openly. It appears that their religious
activities were in fact only one of many factors leading to their
detention.
In spring 1998, two Christians converts alleged that
they were "persecuted" by PA officials due to their faith. The
police claimed that they were detained for other reasons. While religion
apparently did become a focus of the police investigation, the police
claimed that the two men were detained for reasons other than religion. PA
officials promised to investigate the matter. However, to date no
disciplinary actions have been taken against the PA security officials said
to have been involved in the alleged persecution. PA officials say that
they understand their responsibility to protect Christian converts, even
Muslims who convert to nonindigenous Christian groups that espouse the view
that Palestine was promised by God to his chosen people, the Jews.
During the period covered by this report, approximately
7 converts to Christianity from Islam were detained without warrant or
trial by members of the Palestinian security forces and questioned about
their faith as well as other activities. In the majority of these cases,
the individuals involved had criminal records or were suspected of
involvement with Israelis. There are allegations that while in custody,
several were mistreated. There were no other reports of religious detainees
or prisoners.
Foreign missionaries operate in Jerusalem, the West
Bank, and Gaza. These include a handful 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
has not restricted them.
Christians participate in Palestinian official life. A
number of PLO Chairman Yasir Arafat's senior advisors are Christians.
Occasionally, the PA takes steps to protect Christians.
The Israeli Government permits all faiths to operate
schools and institutions. Religious publications are subject to the
Publications Laws.
In accordance with Orthodox Jewish practice, men and
women pray separately at the Western Wall, Judaism's most sacred site.
Reform and Conservative Jews have challenged this practice and sought to
pray at the wall in groups including both sexes.
A 1995 ruling by the Israeli High Court of Justice
allows small numbers of Jews under police escort to pray on the Temple
Mount, which is the location of two Muslim holy places and also the former
site of the First and Second Jewish temples. Other organized Jewish
religious activity on the Temple Mount is prohibited on public safety
grounds.
The PA requires that religion be taught in PA schools.
Until recently, only courses on Islam were offered and Christian students
were excused from them. The PA recently approached representatives of the
Christian community and asked them to develop a religious studies
curriculum for Christian students.
The Palestinian Authority does not make overt attempts
at encouraging interfaith dialog. However, it supports the Bethlehem 2000
project, which aims to attract millions of Christians from many
denominations to the city, which is now predominantly Muslim, to celebrate
the millennium. The project has become a symbol of Muslim-Christian
cooperation.
The PA makes an effort to maintain good relations with
the Christian community. Within the Ministry of Religious Affairs, there is
a portfolio covering Christian Affairs. The established churches also have
formed a legal committee to address issues of religious freedom in the
draft basic law, and the PA has been willing to consider suggestions made
by this committee. The PA also approached Christian leaders to design a
religious studies curriculum for Christian students in the public schools.
PA officials are not required to swear a religious oath
upon taking office. Witnesses in PA courtrooms are required to swear on a
religious book, such as the Koran or the Bible.
There was no change in the status of respect for
religious freedom during the period covered by this report.
There were no reports of the forced religious conversion
of minor U.S. citizens who had been abducted or illegally removed from the
United States, or of the refusal by any authorities to allow such citizens
to be returned to the United States.
Section II. Societal Attitudes
Generally, there are amicable relations between
Christians and Muslims. Both Christians and Muslims state that when
tensions do surface, it is because of provocative actions designed to
undermine current social arrangements. Palestinians say that if Christians
try to demand a change in status quo arrangements, tensions may result.
Likewise, Muslims who disregard Christian sensitivities may trigger social
tension. Relations between Jews and non-Jews, as well as among the
different branches of Judaism, are often strained. Tensions between Jews
and non-Jews exist primarily as a result of the Arab-Israeli conflict, as
well as Israel's control of sites holy to Christians and Muslims. Animosity
between secular and religious Jews continued to grow during the period
covered by this report. Non-Orthodox Jews have complained of discrimination
and intolerance.
There were three incidents of Christian-Muslim tension
in the occupied territories during the period covered by this report. In
spring 1999, a relationship between a Muslim man and a Christian woman in
Beit Sahour led to a march by approximately 100 Christians on the home of
the man's father. In spring 1998, two or three Christian families in
Bethlehem erected 4-meter high neon crosses outside their homes. Muslims
strongly protested this display. Finally, local police authorities shut
down a television station in Bethlehem that broadcasts Christian prayers
(see Section I).
Some Christian converts from Islam who publicize their
religious beliefs have been harassed verbally by their neighbors, although
religion may have been only one factor among many in these cases. One
individual reported having received threats from members of Hamas and
Islamic Jihad. The draft Palestinian Basic Law specifically forbids
discrimination against individuals based on their religion, however, the PA
so far has not taken any action against persons accused of harassment. The
PA states that it investigates such complaints, but it has not shared or
publicized the results of these investigations with any outside party.
Evangelical Christian and other religious groups
suffered numerous incidents of often violent harassment (also see Section
I). For example, a Baptist church in Jerusalem has been the target of
numerous incidents of vandalism. In 1998, an apartment occupied by three
Swiss Christian women was ransacked by a group of Jews who opposed their
residence in an ultra-Orthodox Jewish neighborhood. The leader of the group
was sentenced to 18 months in prison in May 1999. Such incidents are not
limited to non-Jews. Instances of ultra-Orthodox Jewish groups verbally or
physically harassing Jewish citizens for "immodest dress" or
other violations of their interpretation of religious law are not uncommon
and have increased during the period covered by this report.
Section III. U.S. Government Policy
The U.S. Consulate in Jerusalem maintains an ongoing
high level dialog with PA officials, including PLO Chairman Arafat, on
issues of religious freedom, including the circumstances of Christians in
the West Bank and Gaza. Robert Seiple, the Secretary's Special
Representative for International Religious Freedom, visited the Middle East
in February 1999 to discuss the International Religious Freedom Act and
U.S. interest in fostering religious freedom for all persons. He met with
Arafat, as well as Christian and Muslim representatives in the area. Arafat
and other PA officials underscored their commitment to ensuring equality
and respect for all religions. PA officials have worked cooperatively with
the U.S. Consulate on the issues that the Consulate has raised. The three
primary issues that the Consulate has discussed with a range of PA
officials are the issue of PA treatment of Christian converts from Islam,
how religious minorities are to be represented in the school curriculums
that the PA currently is developing, and how the draft Basic Law addresses
the issue of a national religion and Shari'a.
In spring 1998, PA officials promised to look into the
situation of two Christian converts who alleged that they were being
"persecuted" by PA officials due to their faith (see Section I).
In discussions with PA officials, the Consulate underscored the
inappropriateness of religion factoring into any part of the investigation.
PA officials promised to investigate the matter.
The United States plays a reinforcing role in the PA's
dialog with local Christian groups on minority religion representation in
the new curriculum. To date both sides indicate that while there are
cultural and societal prejudices to overcome, they believe that they are
working cooperatively toward developing texts that present a balanced view
of religion.
The Consulate kept in close contact with Palestinian
legislators, including Palestinian Council Speaker Abu Alaa, as the Council
drafted its draft Basic Law. Christian representatives in the Council,
while a distinct minority, were able to express their views on the subject.
The bill that emerged, although still not having the force of law, was
acceptable to all parties concerned.
The Consulate also maintains contacts with the
representatives of both the Islamic Waqf--an Islamic trust and charitable
organization that owns and manages large amounts of Muslim land including
the Al-Aqsa mosque in Jerusalem--and the various Christian churches in
Jerusalem.
The Consulate continues to make inquiries to try to
ascertain the facts in cases of PA confiscation of Christian-owned land.
Sources: U.S. State Department - Bureau of Democracy, Human Rights and Labor |