The West Bank, a territory at the heart of the Israeli-Palestinian conflict, is home to a diverse population living under a complex web of legal frameworks and governmental practices. For the West Bank Population, daily life is shaped by the intricate interplay of religious laws, military ordinances, and international agreements, creating a unique and often challenging environment. This article delves into the legal and governmental structures that govern religious freedom in the West Bank, examining the experiences of its inhabitants and the multifaceted issues they face.
Legal Framework Governing the West Bank Population
The legal framework in the West Bank is far from straightforward, with residents subject to the jurisdiction of multiple authorities. Palestinians within the West Bank primarily find themselves under a blend of Jordanian and Mandatory statutes from before 1967, alongside Israeli military ordinances and, in specific zones, laws enacted by the Palestinian Authority (PA). Conversely, Israeli settlers in the West Bank are governed by Israeli law, augmented by Israeli military legislation. This creates a dual system where the West Bank population experiences law differently based on ethnicity and location.
A significant aspect of this legal division is the categorization of the West Bank into Areas A, B, and C, a result of the Oslo Accords. These divisions profoundly impact the West Bank population. Area A is nominally under full PA control, though Israeli security forces frequently operate there. Area B sees the PA handle civil administration, while Israel maintains security dominance. Area C, constituting roughly 60% of the West Bank, remains under full Israeli control, with large portions designated as military zones or for settlements, directly affecting the Palestinian West Bank population living within or near these areas.
Alt text: A general view shows the West Bank city of Ramallah.
For the Palestinian West Bank population residing in Area C, Israeli military ordinances are the primary legal authority. In Areas A and B, while PA civil and criminal law applies to Palestinians, Israel retains overarching security responsibility and military law becomes applicable when Israeli forces enter Area A. The city of Hebron, a site of immense religious importance to Jews, Muslims, and Christians, is uniquely split into H1 under PA control and H2, where Israeli settlers live under Israeli military control, further illustrating the complex legal layering impacting the West Bank population.
Protections for Holy Sites and Religious Rights
The Oslo Accords also address the crucial issue of religious rights, particularly concerning Jewish holy sites. Palestinian police are tasked with protecting 12 listed Jewish holy sites in Area A, and a joint security mechanism was established to ensure access and prevent disorder. Both sides committed to respecting and protecting the religious rights of Jews, Christians, Muslims, and Samaritans, including the protection of holy sites and freedom of worship.
Israel officially recognizes 16 sites as Jewish holy places, with numerous other sites also acknowledged by various governmental bodies. The Israeli Supreme Court has affirmed the right of Jews to pray at the Haram al-Sharif/Temple Mount, but this right is subject to police restrictions in the interest of public order, showcasing the delicate balance between religious freedom and security concerns for the West Bank population and beyond. The Jordanian Waqf, supported by the Jordanian Ministry of Islamic Affairs, continues to administer the Haram al-Sharif/Temple Mount, highlighting Jordan’s ongoing role in religious administration in Jerusalem.
Restrictions on Commemoration and Political Expression
Adding another layer of complexity is the Israeli “Nakba Law,” which prohibits institutions receiving Israeli government funding from commemorating the Nakba, the Palestinian term for the 1948 displacement. This law restricts certain forms of Palestinian expression and historical remembrance, impacting cultural identity within the West Bank population and among Palestinians more broadly.
PA Basic Law and Religious Freedom in PA Controlled Areas
In areas under PA jurisdiction, an interim Basic Law is in effect. While Islam is recognized as the official religion, the Basic Law calls for respect for all divine religions and guarantees freedom of belief, worship, and religious practice, as long as it does not violate public order or morality. However, it also criminalizes blasphemy and defamation of religion, reflecting potential tensions between religious freedom and religious sensitivities within the West Bank population. Sharia law is stipulated as a primary source of legislation, particularly in personal status matters.
Recognition of Religious Groups and Legal Pluralism
The PA operates without a formal process for recognizing religious groups, instead negotiating bilateral relationships with each. It generally upholds 19th-century Ottoman-era status quo arrangements, recognizing various Orthodox and Catholic Churches, as well as some Protestant denominations. These recognized groups have authority over personal status matters for their members, adjudicated through ecclesiastical courts. For the West Bank population, this creates a system of legal pluralism, where religious affiliation can determine the applicable legal framework for personal matters.
Islamic and Christian religious courts handle personal status law, with sharia governing Muslims and ecclesiastical courts for Christians. Interestingly, individuals can choose to have their personal status disputes adjudicated by a different religious group if all parties agree, showcasing a degree of flexibility within the system for the West Bank population.
The PA provides financial support to Islamic institutions and some support for Christian cultural activities, indicating a degree of state involvement in religious affairs.
Religious Education and Political Representation
In education, separate public schools exist in Jerusalem for Jewish and Arab/Palestinian children, with religious education integrated into the curriculum in PA-operated schools. While students can choose between Muslim and Christian religious classes, opting out entirely is not permitted, highlighting the emphasis on religious instruction for the West Bank population.
Palestinian law also allocates seats for Christian candidates in the defunct Palestinian Legislative Council and mandates Christian representation in certain municipal councils, demonstrating an attempt to ensure minority representation within the political structure relevant to the West Bank population.
Land Ownership, Citizenship, and Movement Restrictions
PA land laws restrict the sale of Palestinian land to Israeli citizens, reflecting the political sensitivities surrounding land ownership in the region. The Israeli Law of Citizenship and Entry further complicates life for the West Bank population by explicitly prohibiting residency status for Palestinians from the West Bank and Gaza, even spouses of Israeli residents, with very limited exceptions. This law has significant implications for family unity and freedom of movement within the West Bank population.
The Jordanian Waqf continues to administer Islamic courts in Jerusalem, demonstrating the enduring influence of Jordanian institutions in religious affairs. Israeli law regarding Shabbat observance, while not mandating personal observance, does regulate business and public transportation, reflecting the state’s recognition of Jewish religious traditions.
Government Practices and Their Impact on the West Bank Population’s Religious Freedom
Government practices significantly impact the religious freedom of the West Bank population, often intertwined with broader political and security dynamics. Due to the close link between religion and ethnicity or nationality, many incidents are difficult to categorize solely as religiously motivated, but religious identity is undeniably a factor in many events affecting the West Bank population.
Security Operations and Collective Punishment
Following attacks by Palestinians, Israeli security forces often implement restrictive measures. For example, after an attack in Shuafat refugee camp, movement restrictions were imposed for 11 days, hindering residents’ access to work, school, and medical care. Palestinians often perceive such measures as “collective punishment,” sparking clashes and protests, highlighting the impact of security practices on the daily lives of the West Bank population.
Settler Violence and Lack of Accountability
Settler violence against Palestinians and their property is a recurring issue. Incidents range from attacks on individuals and olive groves to arson and vandalism of property. Palestinian sources report instances where Israeli security forces appear to guard settlers during attacks or fail to intervene effectively. Arrests of Israelis for religiously motivated crimes against Palestinians rarely lead to indictments or convictions, fostering a sense of impunity and lack of protection for the Palestinian West Bank population.
Alt text: Palestinians inspect damage to vehicles and property that they say were torched by Jewish settlers in the village of Turmus Ayya, north of Ramallah in the occupied West Bank, Wednesday, Oct. 26, 2022.
Restrictions and Clashes at Holy Sites
Holy sites, particularly the Haram al-Sharif/Temple Mount and the Ibrahimi Mosque/Tomb of the Patriarchs, are frequent flashpoints. Israeli police control access to the Haram al-Sharif/Temple Mount, and clashes between police and Palestinians occur, especially during religious holidays or when Jewish visitors are present. Restrictions on age and access for Muslim worshippers, particularly during Ramadan, are common. Conversely, Muslim access to the Ibrahimi Mosque/Tomb of the Patriarchs is often restricted during Jewish holidays, and vice versa, demonstrating the sensitive and contested nature of religious access for the West Bank population.
Funerals and Freedom of Assembly
Israeli authorities have been criticized for using force to disrupt Palestinian funeral processions and for restricting Palestinian national symbols during these events. Clashes between police and mourners have resulted in injuries and arrests, highlighting restrictions on freedom of assembly and expression for the West Bank population in sensitive contexts like funerals.
Flags March and Increased Tensions
The annual “Flags March” in Jerusalem, with Israeli flag-waving participants passing through the Old City, including the Muslim Quarter, often leads to clashes with Palestinians. Racist chants and violence have been reported during these marches, exacerbating tensions and raising concerns about incitement and public order for the West Bank population in Jerusalem.
Demolitions and Displacement
Demolitions of Palestinian homes by Israeli authorities, often as punitive measures or due to building permits, contribute to displacement and affect the West Bank population. The demolition of the family apartment of a deceased Palestinian attacker, for example, displaced his widow and children, raising human rights concerns about collective punishment.
Travel Restrictions and Access to Holy Sites
Travel restrictions imposed by Israel significantly affect the ability of the West Bank population to access holy sites. While the IDF facilitates some Jewish visits to religious sites in Area A, these are often highly coordinated and limited. Palestinian access to sites like Rachel’s Tomb is restricted, and the barrier separating the West Bank from Israel impacts access to places of worship, employment, and essential services for the West Bank population.
Restrictions on Christian Celebrations
Israeli police have imposed restrictions on Christian attendance at religious celebrations, such as the Orthodox Easter Holy Fire ceremony, citing safety concerns. Christian leaders have protested these restrictions as infringements on religious freedom, highlighting the challenges faced by the Christian West Bank population in practicing their faith freely.
Property Disputes and Archaeological Excavations
Ongoing property disputes, particularly in Jerusalem’s Old City, involving the acquisition of Christian properties by Israeli settler organizations, raise concerns about the changing character of the city and the rights of the Christian West Bank population. Archaeological excavations in and around the Old City and Silwan also generate controversy, with some NGOs alleging a bias towards emphasizing Jewish history at the expense of other religious narratives.
Discriminatory Funding and Legal Practices
Palestinian sources criticize the Israeli Ministry of Jerusalem and Heritage for allegedly prioritizing Jewish heritage sites in funding allocations, potentially discriminating against non-Jewish sites. The legal system is also criticized for a low rate of indictments and convictions in cases of Israeli violence against Palestinians, raising concerns about equal protection under the law for the West Bank population.
Settler Violence and Community Displacement
Settler violence has led to the displacement of entire Palestinian communities. The evacuation of the Ras al-Tin herding community due to repeated settler attacks marks a concerning escalation, demonstrating the severe impact of settler violence on the West Bank population‘s ability to maintain their homes and livelihoods.
Government Support and Condemnation of Extremism
While the Israeli government has made public statements condemning “Israeli extremists’ attacks” and reported efforts to enhance law enforcement, critics argue that these efforts are insufficient to deter settler violence and ensure accountability. Public condemnation of extremist violence by officials is often contrasted with the perceived lack of effective action on the ground to protect the Palestinian West Bank population.
Casualties and Attacks
Statistics from UNOCHA indicate a significant increase in settler attacks against Palestinians and a high number of Palestinian casualties in the West Bank. These figures underscore the precarious security situation faced by the West Bank population and the impact of ongoing violence on their lives.
Travel Advisories and Restrictions within the West Bank
The Israeli government discourages Israeli citizens from traveling to Area A, citing security concerns. While this restriction is intended for Israelis, it also impacts the broader environment and perceptions within the West Bank. However, significant numbers of Arab/Palestinian citizens of Israel and some Jewish Israelis do visit Area A privately, indicating a degree of fluidity despite official restrictions.
PA Practices and Limitations
The PA Ministry of Awqaf and Religious Affairs plays a role in religious life, paying for mosque construction and imams’ salaries and providing themes for Friday sermons. However, unrecognized religious groups face restrictions on proselytizing, and the PA’s ability to fully protect religious freedom is limited by the overarching Israeli security control, particularly in Area C and parts of Area B. The PA also faces internal challenges, with Hamas’s control of Gaza creating a separate political and legal entity.
Visa Policies and Movement Restrictions for Religious Workers
Restrictive Israeli visa policies for foreigners working in the West Bank, particularly clergy and religious workers, impede the work of religious institutions and affect the Christian West Bank population. Delays and denials of visas, especially for clergy from Arab countries, create challenges for religious organizations and contribute to a sense of isolation for the Christian community. Restrictions on movement between Gaza, Jerusalem, and the West Bank further fragment the Palestinian West Bank population and hinder religious and communal connections.
Law of Citizenship and Entry and Family Unification
The Law of Citizenship and Entry continues to be a major concern for the West Bank population, particularly those married to individuals from the West Bank or Gaza. The law’s prohibition on residency status for Palestinians from these territories creates legal limbo for families and contributes to emigration, particularly from the Christian community, due to their tendency to marry outside of Israel.
Actions of Foreign Forces and Nonstate Actors
The actions of non-state actors, particularly Hamas and other militant groups, also significantly impact the religious and social environment for the West Bank population, especially in Gaza.
Hamas Control in Gaza and Ideology
Hamas, a US-designated foreign terrorist organization, maintains de facto control in Gaza and adheres to an ideology that calls for the elimination of the State of Israel. Antisemitic rhetoric and calls for violence against “Zionist Jews” are common in Hamas discourse, contributing to a climate of hostility and conflict.
Hamas Enforcement of Islamic Law and Social Restrictions
Hamas enforces its interpretation of Islamic law in Gaza, sometimes imposing social restrictions based on religious grounds. While some restrictions on women’s travel have been lifted, a conservative social environment persists, and there have been reports of pressure on women to adhere to conservative dress codes, although enforcement is not always systematic.
Hamas Interference in Education
Hamas reportedly interferes in public schools in Gaza, seeking to ensure curriculum and teaching methodologies align with its interpretation of Islamic values. Despite this, UNRWA reports no interference in its schools, and many Muslim students in Gaza continue to attend schools run by Christian institutions, suggesting a degree of pragmatic coexistence.
Hamas’s Relationship with the Christian Population in Gaza
Hamas generally tolerates the small Christian presence in Gaza and does not force Christians to abide by Islamic law. However, there are reports of anti-Christian bias in the private sector and in police investigations, suggesting that while overt persecution may be absent, subtle forms of discrimination may exist for the Christian West Bank population in Gaza.
Antisemitic Propaganda and Incitement
Hamas and other militant groups, like Palestinian Islamic Jihad (PIJ), utilize media channels to disseminate antisemitic propaganda, denying the Holocaust and promoting conspiracy theories about Jews. This propaganda contributes to a climate of hostility and mistrust and fuels the broader conflict, impacting perceptions and attitudes within the West Bank population and beyond.
Conclusion
The religious and legal landscape of the West Bank population is exceptionally complex, shaped by overlapping jurisdictions, political conflict, and religious sensitivities. While legal frameworks nominally guarantee religious freedom, government practices and the actions of non-state actors often create significant challenges in practice. Settler violence, restrictions on access to holy sites, limitations on freedom of movement, and discriminatory policies all contribute to a precarious environment for religious freedom for the West Bank population. The ongoing Israeli-Palestinian conflict and the actions of extremist groups on both sides further exacerbate these challenges, creating a need for continued attention to ensure the rights and religious freedom of all residents of the West Bank are respected and protected.
