Physicians for Human Rights-Israel, Hotline for Refugees and Migrants and the Euro-Mediterranean Human Rights Network

call on the Israeli government to recognise the protection needs and rights of asylum seekers on its territory.
Asylum seekers in Israel have been staging mass protests against the countrys increasingly oppressive detention policies.
23 January 2014, Tel Aviv Copenhagen In reaction to these protests, our organisations regret that the Israeli Ministry of Foreign Affairs (MFA) missed not only a great opportunity to seek real exchange with its refugee population and - based on an honest evaluation of their demands - correct parts of Israels migration policy, but continues to misguidedly brand asylum seekers as illegal infiltrators. Israel is home to about 53,000 African asylum seekers. According to the Ministry of Interior (MOI) 49,000 of them come from Eritrea and Sudan, countries where they would face if returned major human rights violations, including the risk of death and life imprisonment. In its statement the MFA claims that Israel has, in adherence to International Law, granted protection to these individuals. However, in reality this protection is nothing more than a suspension from deportation. Asylum seekers in Israel receive a conditional release visa which they must renew every few months and which only grants them the right to remain in the country until their deportation is possible. Meanwhile, they have no right to work, very limited access to medical or welfare services, and no housing, food or other assistance from the state. While Israel has recently begun conducting Refugee Status Determination (RSD) for Sudanese and Eritreans, only 1,800 individual asylum requests have been lodged, an opportunity that was only introduced in 2012, and of these only 250 have been examined to date. More shockingly, no Sudanese or Eritrean nationals has received refugee status, despite the fact that worldwide, 84.5% of Eritrean asylum seekers and 74% of Sudanese asylum seekers are granted refugee status or complementary protection. The MFA claims that it balances the need to control its borders with the need to protect the human rights of those who enter. However, the entry of asylum seekers into the country almost entirely halted to less than 100 in 2013, following the construction of the border fence with Egypt. Meanwhile, the new Amendment to Israels Anti-Infiltration Law passed in less than 90 days by the Knesset following the annulment of the previous 2012 amendment by the High Court of Justice continues to blatantly violate the rights of asylum seekers. The Amendment allows for a one-year pretrial detention period for asylum seekers who enter the country irregularly, after which they are transferred to an open facility run by the Israeli Prison Service. Asylum seekers have to participate in three roll-calls a day and must sleep in the camp. Missing a roll-call or working outside the facility is punishable by months of incarceration in the prisons for refugees, before they are returned to the open camp, which is effectively a detention centre. Detention is indefinite and judicial review of the decision is not foreseen.

The Anti-Infiltration Law does not only apply to people who have crossed the border from Egypt following its enactment, but has also targeted asylum seekers who have attempted to renew their visas at the MOI in recent weeks. Meanwhile, the Ministry has also reduced the number of visas being renewed, leading to increased arrests for those who have been unable to renew their documentation. Every day, fathers receive "invitation" to the "open facility", invitation to which they must obey. They are not allowed to bring their wives and children with them and their family members are not allowed to visit them at their new home. Israel does not deport Eritrean or Sudanese asylum seekers because returning persons to a place where their life or liberty is endangered constitutes a violation of its International obligations as stipulated in the 1951 Refugee Convention. Instead, what it aims to do with its policies is make conditions so difficult for asylum seekers that they agree to be deported to their countries of origin or third countries, even if this means endangering their life. PHR - Israel, HRM and the EMHRN call upon Israel to abide by its international obligations and provide a real protection to asylum seekers on its territory. It must put an end to its practice of indefinite detention and provide asylum seekers on its territory with a life in dignity. In particular, our organisations urge Israel to: Abide by the September 2013 High Court of Justice ruling and respect the right of asylum seekers, in line with Israels Basic Law: Human liberty and dignity, and international obligations as stipulated by the 1951 Convention relating to the Status of Refugees; Repeal the last Amendment of the Anti-Infiltration Law, release all asylum seekers currently detained, and complete examination of their asylum claims; Uphold its obligations with regards to conducting fair and timely examinations of individual asylum requests and unrestrictedly guarantee the right of asylum seekers to submit an asylum claim; Ensure asylum seekers full access to social and economic rights that enable a life in dignity.

In view of the upcoming meeting of the EU-Israel Subcommittee Migration and Social Affairs, we call on the European Union to: Remind Israel of its international obligations vis--vis refugees and asylum seekers, including the duty to conduct substantive, fair and timely examination of individual asylum requests; Express grave concern regarding recent legislation and practice involving collective de facto indefinite detention without trial; Remind Israel of the legal obligation to use detention as a last resort and ensure detention conditions at Holot facility are in line with international standards.

Contacts: Physicians for Human Rights Israel: Lital Grossman (media@phr.org.il / +972 54 6995199) Hotline for Refugees and Migrants: Sigal Rozen (sigal@hotline.org.il / +972 54 8177845) Euro-Mediterranean Human Rights Network: Hayet Zeghiche (hze@euromedrights.net / +34 488 08 00 41)