23.11.2009
HaMoked’s petition to allow a Palestinian couple to leave the West Bank for Jordan, en route to Mecca, Saudi Arabia, for the hajj pilgrimage: the petition induced the removal of the ban on the couple's departure
HaMoked's past experience with the tight schedule typical of hajj pilgrimage travel applications guided its advance preparations for intensive work to assist residents of the Occupied Territories to fulfill their right to perform the hajj pilgrimage, a right few get to exercise. Due to the strict time limitation, HaMoked petitioned urgently to allow the couple to travel abroad. A notice on the removal of the travel ban followed shortly.
The couple's case demonstrates the difficulties Palestinian residents of the Occupied Territories have in performing one of the five pillars of Islam. The slim chances of getting a Saudi hajj visa, coupled with the Israeli restrictions on Palestinian travel make Palestinians’ right to worship almost unattainable: Palestinians of the Occupied Territories register for Saudi visas with the Waqf hajj and umrah bureau. Saudi Arabia sets a limited quota of hajj visas, and only those chosen in the local lottery reserve a place on the pilgrimage from the hundreds of thousands of observers. However, the lottery is not the only hurdle in their path. Despite the inevitable proximity in time between the publication of the lottery result and the date of departure for Saudi Arabia, military officials persist in ignoring this fact, thereby reducing Palestinians’ chances of setting out for the Pilgrimage – these are Palestinians who came up in the lottery but are subject to a military issued travel ban.
In view of these circumstances, HaMoked contacted the legal advisor of the West Bank in early September, requesting that applications and challenges of Palestinians intent on the hajj pilgrimage be handled in consideration of the need for a response prior to the departure date. In its reply, the legal advisor declined any involvement in difficulties which might surface, claiming that HaMoked's request did not involve legal issues. The reply ended by advising residents to hasten to apply if they wish to discover early on if they are under a travel ban.
On October 8, 2009, the hajj a month hence, the couple received notice that they were guaranteed a place on this year's hajj. Previously, while attempting to leave the area in other circumstances, the couple learnt both were under travel restrictions. And so, four days after their hajj notice, they submitted a challenge against the travel ban to the Israeli District Coordination Office (DCO), in compliance with the new procedure. The said procedure, formulated in the context of a general petition regarding people who are precluded from traveling abroad (HCJ 8155/06 - The Association for Civil Rights in Israel et al. v. Commander of the IDF Forces in Judea and Samaria) purports to allow residents of the Occupied Territories who wish to travel abroad to discover and challenge such a ban in advance. Although the couple was told to return for a reply two days later, the days passed, October waned, and no reply was forthcoming. On October 27, 2009, due to immediacy of the case, HaMoked petitioned the High Court of Justice to allow the couple to leave for Jordan via the Allenby Bridge Crossing. Four day later, a week ahead of the scheduled departure for the hajj, the couple's travel ban was removed.
