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Israel: Update to ISR35448.E of 8 September 2000 on the treatment of Jehovah's Witnesses (September 2000 to March 2003)

Specific information on the treatment of Jehovah's Witnesses in Israel is scarce.

Country Reports on Human Rights Practices for 2000 reported that, although "Jehovah's Witnesses suffered verbal abuse, assaults, theft, and vandalism" during 2000, "the police response to their complaints improved significantly during the year" (23 Feb. 2001, Sec. 2c). The report also stated that Jehovah's Witnesses "complained of incidents of harassment, threats, and vandalism directed against their buildings, and other facilities, many of which were committed by two ultraorthodox groups Yad L'Achim and Lev L'Achim" (Country Reports 2000 23 Feb. 2001, Sec. 5).

The following year, Country Reports 2001 stated that "[u]nlike in previous years," there were no incidents of "verbal abuse, assaults, theft, and vandalism" against Jehovah's Witnesses in 2001, nor were there any reports of complaints by Jehovah's Witnesses of "harassment, threats, and vandalism directed against their buildings, and other facilities" (4 Mar. 2002, Sec. 2c, 5).

Similarly, International Religious Freedom Report for 2001 indicated that "[t]here were no complaints of harassment of members of Jehovah's Witnesses during the period covered by th[e] report" (26 Oct. 2001, Sec. 11). The same was stated in the International Religious Freedom Report for 2002 (7 Oct. 2002, Sec. 11).

In addition, International Religious Freedom Report for 2001 stated that, although "[i]n recent years" Jehovah's Witnesses had complained of "incidents of harassment, threats, and vandalism directed against their buildings, and other facilities, ... [t]here were no such incidents reported during the period covered by th[e] report" (26 Oct. 2001).

The Director of the Legal Affairs Department of Watch Tower Bible and Tract Society of Canada stated that he has nothing further to add to the United States Department of State reports cited above (20 Mar. 2003). He added that Watch Tower is not aware, at this time, of any instances of ill-treatment of Jehovah's Witnesses by government agents in Israel during the period covered by this response (ibid). However, he did indicate that instances of discrimination against Jehovah's Witnesses by private individuals "may occur" (ibid.).

In the addendum to its Second Periodic Report, which was submitted under the International Covenant on Civil and Political Rights to the United Nations Human Rights Committee for its consideration, the Israeli government stated the following:

Discrimination by private parties is prohibited in Israeli law only to the extent that legislation explicitly so provides. The legal position in this area has changed dramatically due to the recent enactment of the Law for the Prohibition of Discrimination in Products, Services and in Entry to Public Places, 5761-2000. Under section 3(a) of this law, a provider of products or a services to the public, or anyone engaged in the operation of a public place, is prohibited from discriminating on the grounds of race, religion or religious group, nationality, country of origin, sex, sexual orientation, views, political affiliation, personal status, parenthood or disability. Such discrimination constitutes, under section 5, a civil wrong, enforceable under the provisions of the Tort Ordinance. In addition, such discrimination constitutes, under section 9, a criminal offence, punishable by fine. Under section 11, this law applies to the state as well. It also establishes a series of legal presumptions, passing the burden of proof to the defendant in cases of prima facie discrimination (UN 4 Dec. 2001, para. 235).

In its Periodic Report, which was submitted under the International Convention on the Rights of the Child to the United Nations Committee on the Rights of the Child for its consideration, the Israeli government stated that section 83 of the King's Order-in-Council for Palestine 1923, a statute enacted during the British Mandate, "is still" valid and provides that

Every person in Israel shall enjoy complete freedom of conscience and may perform their form of worship without hindrance, provided that public order and morals are preserved. Every religious group will enjoy independence in internal affairs, subject to the ordinances and orders issued by the government (UN 27 Feb. 2002, para. 353).

The same report also notes that the Israeli Supreme Court ruled that "'it is a matter of principle in Israel - originating in the rule of law (in its material sense) and in the case law issued by the courts - that freedom of religion and freedom from religion be preserved for nationals and residents of Israel'" (ibid., para. 354).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Country Reports on Human Rights Practices for 2001. 4 March 2002. United States Department of State. Washington, DC. <http://www.state.gov/g/drl/rls/hrrpt/2001/nea/8262.htm> [Accessed 19 Mar. 2003]

Country Reports on Human Rights Practices for 2000. 23 February 2001. United States Department of State. Washington, DC. <http://www.state.gov/g/drl/rls/hrrpt/2000/nea/794.htm> [Accessed 19 Mar. 2003]

International Religious Freedom Report for 2002. 7 October 2002. United States Department of State. Washington, DC. <http://www.state.gov/g/drl/rls/irf/2002/13997.htm> [Accessed 19 Mar. 2003]

International Religious Freedom Report for 2001. 26 October 2001. United States Department of State. Washington, DC. <http://www.state.gov/g/drl/rls/irf/2001/5697.htm> [Accessed 19 Mar. 2003]

United Nations (UN). 27 February 2002. Committee on the Rights of the Child. "Consideration of Reports Submitted by States Parties Under Article 44 of the Convention: Periodic Reports of States Parties Due in 1993 - Israel." <http://www.unhchr.ch/tbs/doc.nsf/> [Accessed 19 Mar. 2003]

_____. 4 December 2001. Human Rights Committee. "Consideration of Reports Submitted by States Parties Under Article 40 of the Covenant: Second Periodic Report, Addendum - Israel." (CCPR/C/ISR/2001/2)<http://www.unhchr.ch/tbs/doc.nsf/> [Accessed 19 Mar. 2003]

Watch Tower Bible and Tract Society of Canada. 20 March 2003. Telephone interview with the Director of the Legal Affairs Department.

Additional Sources Consulted

Amnesty International, Israel Section, did not respond to a letter requesting information within time constraints.

The Association for Civil Rights in Israel, Jerusalem, did not respond to a letter requesting information within time constraints.

NEXIS

World News Connection.

Internet sites, including:

Al Bawaba

Amnesty International

Asylum Law

BBC

Center for Studies on New Religions [Torino, Italy]

Freedom in the World Report 2001-2002

Ha'aretz [Tel Aviv, in English]

Human Rights Internet

Human Rights Watch

Institute on Religion and World Affairs (Boston University)

Jerusalem Post

Maariv Israel News Service

Norwegian Refugee Council

Our Jerusalem

United Kingdom, Immigration and Nationality Directorate

United States Committee for Refugees

The Voice of the Martyrs: The Persecuted Church

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