Israel's Heartbreaking Policy to African Asylum-Seekers

Nation Founded by Refugees Now Turns Its Back on Them

Unwelcome: Few refugees in Israel are granted official refugee status and asylum.
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Unwelcome: Few refugees in Israel are granted official refugee status and asylum.

By Leonard Fein

Published May 04, 2013.
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Meet Omer Olivier. Mr. Olivier is an asylum seeker from the Democratic Republic of Congo. He has been living in Israel for the last seventeen years without official status. Although he has filed a request to be recognized as a refugee, his lack of recognized status means he cannot work legally nor get medical services.

And so, typically, it goes for those who claim refugee status in Israel. In recent years, there have been 4,322 applications for refugee status; according to Physicians for Human Rights, three have been processed and approved. (The figures are murky. A different report estimates between 35,000 and 38,000 asylum seekers, the vast majority of whom, knowing how slim are the odds that they will actually be processed, let alone approved as “legitimate” refugees, have not applied for asylum. Of those who have applied, less than one percent have been processed and accepted as refugees.)

The stumbling block is Israel’s refusal to examine people who claim refugee status on a case-by-case basis. By Israel’s preferred definition, asylum seekers are in fact infiltrators. So much for being gracious to the stranger.

I met some of these “infiltrators” in a day-care center in Tel Aviv in mid-April. They are stateless people, unable to return to Eritrea for fear of arrest and worse, unable to establish legal residence in Israel. The ones I met were four years old. Thousands more, children and adults, are housed at a massive detention facility in the Negev, which I plan to visit on my next trip to Israel.

Often, the argument put forward in defense of Israel’s restrictive policy is demographic: Israel would be overrun were its doors to be opened. Indeed, Prime Minister Netanyahu has inexplicably asserted that these people are “a threat to the Jewish and democratic character of the State of Israel.”

One obvious problem with this argument is that Israel is today a country with a population of more than eight million, and nowhere near the verge of being overrun, still less so were there a more thoughtful path to legal status.

Instead, Israel has determined that Eritrean and Sudanese refugees, the main asylum seekers, are simply not eligible for Refuge Status Determination, as required by the UN Convention on the Rights of Refugees, which Israel ratified on October 1, 1954. And when the terms of reference of that Convention were broadened in 1967, Israel ratified that, too, on June 14, 1968.

The Knesset Information Center acknowledges that Israel is the only developed country that uses temporary collective protection as an alternative to granting asylum on an individual basis, even though the guidelines of the UN High Commission on Refugees clearly state that granting collective protection does not relieve a country of its responsibility to guarantee basic social and economic rights to asylum seekers.

The collective “protection” currently imposed on Eritreans and Sudanese is, in effect, a deferred deportation order; those who are “protected” by it lack work permits, health insurance and welfare benefits. That means that Israel must somehow deal with the 60,000 asylum seekers in Israel who have survived the trek through Sinai, where many have been repeatedly raped or otherwise abused. Once in Israel, they congregate in poor neighborhoods where two-way resentment festers.

The problem: Israel makes the conferral of basic social rights contingent on at least legal residence. The unprocessed asylum seekers lack legal residence, hence lack access to health and social services, are cut off from all local social service frameworks, are barred from legal employment. This drives very many of them into an existence of indigency and want, renders them dependent on charity and non-profit social assistance organizations. Some women find their way to Physicians for Human Rights-Israel, which reports that many require gynecological attention in the wake of their experience of rape and abuse.

This is not the case in many other countries, where legal status and social benefits are de-linked. While awaiting a ruling on their legal status, asylum seekers in most developed countries enjoy many or all the social rights due a citizen. That is definitively not the case in Israel. After being detained for months or even years, they are given a document that explicitly states that they lack the legal right to work. Lacking the legal right to work, they enter the unregulated job market, where they are often underpaid and overworked and not protected by labor laws and where they are dependent on a network of volunteers for health care.

Plus: The State of Israel does not provide these people homeless shelters, which is particularly problematic for women, since sex is sometimes a precondition for being taken into an apartment.

The bitter irony here is, of course, that we might have expected that a nation shaped by the refugee experience would find humane ways to deal with today’s displaced people. Israel is easy to love — but too often it breaks your heart.


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