Israeli government divided over law curbing Palestinian marriage rights

Law concerning residency or citizenship affects tens of thousands of people, rights groups say

Israeli Prime Minister Naftali Bennett gives a statement at the Knesset (Parliament) in Jerusalem on July 5, 2021. AFP

Israel’s government was beset by divisions on Monday over the renewal of a law that bans Palestinians from Gaza or the occupied West Bank gaining Israeli residency or citizenship through marriage.

The supposedly temporary legislation has been regularly renewed by Parliament since 2003 but on the eve of the law's expiry, the coalition is yet to agree on it.

Prime Minister Naftali Bennett’s government was sworn in last month as an unlikely alliance of eight parties, including left-wing Meretz and the Arab party Raam, which oppose the citizenship law.

The coalition’s architect, Yair Lapid, on Monday threw his support behind the legislation for security and demographic reasons.

“It is one of the tools designed to ensure the Jewish majority of the state of Israel,” said Mr Lapid, Foreign Minister and leader of the centrist Yesh Atid party.

The small and big aspects of our life are turned upside-down.

Budour Hassan,
legal researcher

The law was enacted by Israel during the Second Intifada, or uprising.

About 20 per cent of the country’s population is of Palestinian descent, known as Arab-Israelis, and the law affects tens of thousands of people, rights groups say.

“You can be French, you can be American, and you can come and live with your Jewish-Israeli spouse,” said Budour Hassan, a researcher at the Jerusalem Centre for Legal Aid and Human Rights.

"But if you’re Palestinian in the West Bank, you can’t.

Palestinian women over 25 and men over 35 can apply for temporary permits that allow them to stay with their Israeli spouse, although this must be renewed every two years.

Couples may wait for a year before their initial application is accepted, said Ms Hassan whose organisation helps to file the paperwork.

“The small and big aspects of our life are turned upside-down because of the continuation of this law,” she said.

The legislation is addressed by Human Rights Watch in its April report, which accused Israel of “systematic discrimination” against Palestinians.

Despite such criticism, the law has survived court challenges and is backed by the majority of politicians.

Although opposition leader Benjamin Netanyahu and his right-wing allies support the legislation in principle, they may abstain or vote against it to destabilise the coalition.

Mr Bennett’s government has a razor-thin majority and it will be unable to renew the law without the votes of the coalition partners or the opposition.

With negotiations among legislators continuing, a parliamentary vote is expected late on Monday.