In a historic decision, the Tel Aviv District Court for Administrative Affairs ruled on Sunday that LGBTQ+ Palestinians who face persecution due to their sexual orientation can request asylum in Israel. The court accepted the appeal of a gay Palestinian man from the West Bank who had been denied asylum by the Population Authority on the grounds that he was Palestinian.
The Population Authority argued that all Palestinians are not subject to the UN Refugee Convention, and therefore Israel has no obligation to grant them asylum. However, the court rejected this position and stated that the UN Refugee Convention does apply to Palestinians from the West Bank, and that they have the right to seek asylum on the basis of sexual or political persecution.
The Palestinian man who filed the appeal had been living in Israel since 2015 and claimed that his life was in danger in the Palestinian territories due to his sexual identity. He described how he was forced to come out to his parents after they arranged a marriage for him, and how his father attacked him and called for other relatives to join him. He managed to escape and crossed into Israel, where he contacted the Civil Authority through an organization that helps LGBTQ+ Arabs.
At first, his request for a residency permit was rejected, but after further proceedings, he received a temporary permit. The court’s ruling now allows him to stay in Israel permanently and enjoy the same rights as other refugees.
A ray of hope for other LGBTQ+ Palestinians in Israel
The court’s ruling is a significant breakthrough for the rights of LGBTQ+ Palestinians in Israel, who have been living in a legal limbo for years. According to the Welfare Ministry, there are currently around 90 LGBTQ+ Palestinians who have received temporary permits to stay in Israel, but they have no access to work, health care, or welfare services. Many of them resort to working illegally or engaging in prostitution to survive.
The ruling also sets a precedent for other LGBTQ+ Palestinians who may seek asylum in Israel in the future, as it recognizes their vulnerability and the dangers they face in the Palestinian territories. Although LGBTQ+ Palestinians have become more outspoken in recent years, gay rights are still taboo in the conservative and religious Palestinian society. LGBTQ+ Palestinians who come out can face social rejection, violence, or even death threats from their families or communities.
The court’s ruling also challenges the Israeli government’s policy of denying asylum to Palestinians, regardless of their circumstances. The government claims that Palestinians are not refugees, but rather enemies of the state, and that granting them asylum would undermine Israel’s security and demography. However, the court argued that this policy violates the principles of the UN Refugee Convention, which Israel is a signatory to, and that each case should be examined individually and humanely.
Interior minister vows to appeal the ruling
The court’s ruling was met with criticism from some Israeli officials, who expressed their intention to appeal it. Interior Minister Moshe Arbel said that he had spoken with the High Court of Justice Department of the State Attorney and would file an appeal against the ruling. He said that the ruling “endangers the State of Israel and its citizens” and that it “opens the door to thousands of Palestinians who will try to enter Israel under false pretenses”.
The Aguda – The Association for LGBTQ Equality in Israel condemned Arbel’s decision to appeal the ruling, saying that it contradicts Israel’s duty as a democratic state to protect those who are persecuted because of their identity. The Aguda also said that Arbel’s decision undermines Israel’s efforts to present itself as an LGBTQ-friendly country in the world.
The court’s ruling has sparked a debate in Israel over the rights and status of LGBTQ+ Palestinians, who are caught between two hostile and oppressive systems. The ruling also raises questions about Israel’s responsibility and role as a signatory to the UN Refugee Convention, and its treatment of Palestinians in general. The ruling may have a lasting impact on the lives of LGBTQ+ Palestinians who seek refuge and dignity in Israel.
