View source for Amendment No. 28 to the Entry Into Israel Law

{{Infobox legislation
|short_title         = Amendment No. 28 to the Entry Into Israel Law
|long_title          =
|enacted_by          = [[Knesset]]
|date_enacted        = 6 March 2017
|introduced_by       = [[Bezalel Smotrich]] ([[Jewish Home]])<br />[[Roy Folkman]] ([[Kulanu]])
|summary             = Prohibiting entry, visa and residency permits to any foreigner who “knowingly issues a public call for boycotting Israel that, given the content of the call and the circumstances in which it was issued, has a reasonable possibility of leading to the imposition of a boycott – if the issuer was aware of this possibility.”
|status              =
}}
The '''Amendment No. 28 to the Entry Into Israel Law''' (No. 5712-1952) prohibits the entry into Israel of any foreigner who makes a "public call for boycotting Israel" or "any area under its control" – a reference to the [[Israeli settlements]].<ref name=haaretz_tips>{{cite web|url=http://www.haaretz.com/israel-news/.premium-1.775796|title=Israel's New Travel Ban: A Survival Kit for Activists Stopped at Israel's Airport|first=Judy|last=Maltz|date=9 March 2017|access-date=30 March 2017|work=[[Haaretz]]}}</ref> It denies entry, visa and residency permits to these affected foreigners.
The law was a response to the [[BDS movement]] which calls for comprehensive boycotts of Israel until it complies with international law.<ref name="Keating 2017">{{cite web | last=Keating | first=Joshua | title=Israel Passes a Travel Ban of Its Own | website=Slate Magazine | date=March 7, 2017 | url=https://slate.com/news-and-politics/2017/03/israeli-knesset-passes-ban-on-boycott-supporters.html | access-date=September 11, 2020}}</ref> Detractors compared the law to U.S. President Trump's recently passed "[[Executive Order 13769|Muslim travel ban]]" and claimed that it violated the right to [[freedom of speech]].<ref name="Keating 2017"/> It has also been criticized for failing to distinguish between those who call for a boycott of Israel and those who call for a boycott of the Israeli settlements.<ref name=economist/> Supporters of the law defended it as within Israel's rights to control its borders and as a legitimate counter-measure against its opponents.<ref name=cnn/>
The law was passed by the [[Knesset]] on March 6, 2017 by a 46-28 vote.
== Background ==
The [[Entry Into Israel Law]] of 1952 gave discretion to the [[Ministry of Interior (Israel)|Minister of the Interior]] to bar any individual, including a visa holder, from entering the country. Prior to the amendment, Israeli authorities "felt free" to detain or question critics of Israel when they attempted to enter the country.<ref name=haaretz_tips/>
American academic [[Norman Finkelstein]] was deported and given a 10-year ban in 2008,<ref name="finkelstein">{{cite web|url=https://www.theguardian.com/world/2008/may/26/israelandthepalestinians.usa|title=US academic deported and banned for criticising Israel|first=Toni|last=O'Loughlin|date=25 May 2008|access-date=30 March 2017|work=[[The Guardian]]}}</ref> and American political activist [[Noam Chomsky]] was denied entry in 2010.<ref name="chomsky">{{cite web|url=http://www.haaretz.com/after-banned-by-israel-chomsky-to-give-bir-zeit-lecture-by-video-from-amman-1.290869|title=After Banned by Israel, Chomsky to Give Bir Zeit Lecture by Video From Amman|first1=Danna|last1=Harman|first2=Amira|last2=Hass|date=18 May 2010|access-date=30 March 2017|via=Haaretz}}</ref><ref name="haaretz_tips" /> In December 2016, Israel refused entry to a [[Malawi]]an tourist after officials discovered she was active in the [[World Council of Churches]], an organization which calls for the boycott of products made in Israel's [[West Bank]] settlements.<ref name="toi">{{cite web|url=http://www.timesofisrael.com/knesset-passes-law-barring-boycott-supporters-from-israel/|title=Knesset passes law barring boycott supporters from Israel|work=[[The Times of Israel]]|access-date=30 March 2017}}</ref>
BDS is a global campaign attempting to leverage economic and political pressure on [[Israel]] to end [[Israeli-occupied territories|its occupation]] of [[State of Palestine|Palestinian land]] and the [[Golan Heights]]; introduce full equality for [[Arab citizens of Israel|Arab-Palestinian citizens of Israel]]; and acknowledge the [[Palestinian right of return|right of return of Palestinian refugees]].<ref name="fp">{{cite web|url=https://foreignpolicy.com/2017/03/07/israeli-travel-ban-draws-fire/|title=Israeli Travel Ban Draws Fire|work=[[Foreign Policy]]|access-date=30 March 2017}}</ref><ref name="bds_call">[https://bdsmovement.net/call "Palestinian Civil Society Call for BDS"]. BDS Movement, 9 July 2005. [https://web.archive.org/web/20160131054549/http://bdsmovement.net/call Archived] on 31 January 2016</ref><ref name="aljazeera">{{cite web|url=http://www.aljazeera.com/indepth/features/2017/01/israel-anti-boycott-bill-violates-international-law-170130100931139.html |title=Israel set to pass law banning BDS activists from entry |publisher=Al Jazeera |access-date=2017-05-02}}</ref> Prime Minister [[Benyamin Netanyahu]] has made it a priority of his administration to fight the BDS Movement.<ref name="cnn">{{cite news|url=http://www.cnn.com/2017/03/07/middleeast/israel-bds-boycott-law/index.html|title=Israel travel ban: Boycott supporters to be turned away|author=Oren Liebermann|work=CNN|access-date=30 March 2017}}</ref>
== Passage ==
The bill was submitted by Israeli lawmakers [[Bezalel Smotrich]] from the [[Jewish Home]] party and [[Roy Folkman]] from [[Kulanu]].<ref name=haaretz_editorial>{{cite web|last=Malul |first=Chen |url=http://www.haaretz.com/opinion/editorial/1.775867 |title=Israel's new travel ban: Boycotting the truth – Haaretz Editorial – Israel News |publisher=Haaretz.com |date=2017-03-08 |access-date=2017-05-02}}</ref> It passed its first reading in mid-January 2017.<ref name=aljazeera/> The Israeli parliament ([[Knesset]]) approved the law in its final reading on March 6 by a vote of 46-28.<ref name=cnn/> The bill was passed after a heated debate; it was supported by right-wing and centrist parties but opposed by left-wing parties and human rights groups.<ref name=cnn/><ref name=economist>{{cite news|url=https://www.economist.com/blogs/erasmus/2017/03/other-travel-ban|title=The World Council of Churches clashes with Israel over a ban on boycotters|access-date=30 March 2017|work=[[The Economist]]}}</ref>
== Provision ==
The legislation bars the issuance of visas and residency permits to public supporters of boycotts against Israel.<ref name=knesset>{{cite web|url=http://main.knesset.gov.il/News/PressReleases/Pages/press6317g.aspx|title=אושר סופית: לא תינתן אשרה לקורא לחרם על ישראל|language=he|publisher=The [[Knesset]]|date=2017-03-06|access-date=2017-05-02}}</ref> According to the legislation, the ban will apply to any non-citizen and non-permanent resident "who knowingly issues a public call for boycotting Israel that, given the content of the call and the circumstances in which it was issued, [which] has a reasonable possibility of leading to the imposition of a boycott – if the issuer was aware of this possibility."<ref name=haaretz_tips/><ref name=knesset/> This means that it does not apply to every individual who supports a boycott; rather, it applies only to those who issued a public call with a "reasonable possibility" of leading to an actual boycott. According to the Israeli newspaper ''[[Haaretz]]'', the Israeli authorities and the courts are given leeway in interpreting the law and eventually deciding how this distinction will be applied.<ref name=haaretz_tips/>
The law bars the issuance of a visa or residency permit for the targeted foreigners,<ref name=jurist/><ref name=independent/> but allows the Ministry of the Interior to grant exemptions at its discretion.<ref name=haaretz_tips/><ref name=knesset/><ref name=independent/> The law could also affect Palestinian temporary residents in Israel whose applications for Israeli permanent residency are pending.<ref name="jurist">{{cite web|url=http://www.jurist.org/paperchase/2017/03/israel-knesset-passes-legislation-limiting-entry-visas-and-residency-rights.php|title=Israel Knesset passes legislation limiting entry visas and residency rights|work=JURIST|access-date=30 March 2017}}</ref> The Israeli Justice Ministry had unsuccessfully asked the bill's drafters for such cases to be exempted.<ref name="economist" />
The law is aimed at not only those who call for a total boycott of Israel, but also those advocating boycotts of "any area under its control" – a reference to the [[Israeli settlements]].<ref name=economist/> Thus, the law also applies to organizations such as the [[World Council of Churches]], which opposes a general boycott against Israel but supports boycotts against the settlements because the [[International law and Israeli settlements|settlements are illegal under international law]].<ref name=economist/>
== Reactions ==
=== Supporters ===
[[Strategic Affairs Minister of Israel|Strategic Affairs Minister]] [[Gilad Erdan]] defended the ban, saying that, like every country, Israel "has the right to determine who enters its borders" and that the ban was an effort against "those who seek to delegitimize Israel while hiding behind the language of human rights".<ref name=cnn/> [[Minister of Education (Israel)|Minister of Education]] [[Naftali Bennett]] supported the law because it allowed Israel to "protect itself against conspirators."<ref name=independent>{{cite news|url=https://www.independent.co.uk/news/world/middle-east/israel-travel-ban-boycott-supporters-bds-movement-banned-knesset-vote-settlements-visas-residency-a7616701.html |archive-url=https://web.archive.org/web/20170307195910/http://www.independent.co.uk/news/world/middle-east/israel-travel-ban-boycott-supporters-bds-movement-banned-knesset-vote-settlements-visas-residency-a7616701.html |archive-date=2017-03-07 |url-access=limited |url-status=live|title=Israel parliament approves travel ban for supporters of BDS movement|date=7 March 2017|access-date=30 March 2017|work=[[The Independent]]}}</ref>
=== Critics ===
Human rights groups [[Adalah (legal center)|Adalah]] and the [[Association for Civil Rights in Israel]] criticized the ban, arguing that it violates the "most basic tenets of democracy" to grant entry based on political opinion.<ref name=cnn/> Kenneth Bob, president of American leftist Zionist organization [[Ameinu]], said that the legislation reinforces the claim that Israel uses "the power of the state to violate the freedom of speech of their opponents."<ref name=fp/> [[David Harris (advocate)|David Harris]], the chief executive of the [[American Jewish Committee]] who has been active in countering the BDS movement, said that the ban would neither help defeat BDS nor help Israel's international image.<ref name=economist/>
The [[World Council of Churches]] criticized the law's lack of distinction between those who call for a total boycott of Israel, and those who support Israel but encourage boycotts against products from the settlements.<ref name=economist/>
== Impact ==
According to ''[[The Independent]]'', British former [[Labour Party (UK)|Labour Party]] leader [[Jeremy Corbyn]], who has supported "targeted boycotts" against the "illegal settlements in the West Bank," might be impacted by the ban, along with "dozens" of other British Members of [[Parliament of the United Kingdom|Parliament]].<ref name=independent/> [[Hannah Weisfeld]], the director of British Jewish organisation [[Yachad (NGO)|Yachad]], said that given that the majority of the Jewish community considered the settlements "a barrier to peace," British visitors with relatives in Israel might be affected by the ban.<ref name=independent/>
[[Olav Fykse Tveit]], the general secretary of the World Council of Churches, said that the law would prevent him or other senior leaders of the organization from visiting the holy sites in Israel and the West Bank. The World Council of Churches holds that the Israeli settlements are illegal and encourages the use of boycotts against the settlements.<ref name=economist/>
The law also affects Palestinians who need temporary residency permits to stay with their spouses in Israel while their family unification process is pending. Human rights group Adalah said that the law would lead to the "separation between spouses and children."<ref name=aljazeera/>
The law has since its enactment in 2017 been used on multiple occasions to deny entry to human rights activists and BDS supporters.
On January 7, 2018, the [[Ministry of Strategic Affairs]] published a list of 20 non-government organizations whose officials would be banned from entering the country. The list included several chapters of the BDS, such as the Palestinian BDS National Committee, BDS France, BDS South Africa, BDS Italy, BDS Chile, BDS Kampagne but also the British anti-poverty group [[War on Want]], the [[American Friends Service Committee]] and [[Jewish Voice for Peace]].<ref name=TOIJan2018>{{cite news|work=The Times of Israel|date=8 January 2018|title=Nobel-winning Quakers vow to keep up campaign after banned from Israel|author=staff|url=https://www.timesofisrael.com/nobel-winning-quakers-vow-to-keep-up-campaign-after-banned-from-israel/|access-date=8 January 2018}}</ref><ref name=GuardianJan2018>{{cite news |url = https://www.theguardian.com/world/2018/jan/07/israel-imposes-travel-ban-on-20-foreign-ngos-over-boycott-movement |title = Israel imposes travel ban on 20 foreign NGOs over boycott movement |author = Peter Beaumont |work= The Guardian |date = 7 January 2018|access-date=8 January 2018}}</ref><ref name=i24IsraelJan2018>{{cite news |title = Israel publishes 'BDS blacklist' of 20 groups barred from entering country |url= https://www.i24news.tv/en/news/israel/164594-180107-israel-publishes-bds-blacklist-of-20-groups-barred-from-entering-country |work= i24 Israel |date = 7 January 2018|access-date=8 January 2018 }}</ref> The list has also been used to prevent Arab MKs from going on trips abroad to meet with groups on the list.<ref name="972_18mar14">{{cite web | title=Knesset bars Arab MK from JVP-sponsored trip to U.S. | website=+972 Magazine | date=March 14, 2018 | url=https://www.972mag.com/knesset-bars-arab-mk-from-jvp-sponsored-trip-to-u-s/ | access-date=October 17, 2020}}</ref>
Also in 2018, Lara Alqasem, a 22-year-old U.S. citizen with Palestinian ancestry, flew to Israel with a valid student visa but was barred from entering and ordered to be deported because of her history of activism with the [[BDS movement]] and [[Students for Justice in Palestine]].<ref>{{cite web |title=American student Lara Alqasem detained in Israel for alleged boycott support |url=https://www.nbcnews.com/news/world/american-student-lara-alqasem-detained-israel-alleged-boycott-support-n918271 |website=NBC News |language=en}}</ref> She then appealed to the [[Israeli Supreme Court]], claiming she was no longer active in these movements, and the Court overturned her deportation.<ref name="aljaz2018oct18">{{cite web | title=US student Lara Alqasem claims victory in Israel boycott case | website=Al Jazeera | date=Oct 18, 2018 | url=https://www.aljazeera.com/news/2018/10/student-israeli-boycott-case-claims-appeal-victory-181018161214879.html | access-date=Aug 15, 2020}}</ref>
On 15 August 2019, Israel caused some controversy by refusing entry to two US congresspersons, [[Rashida Tlaib]] and [[Ilhan Omar]], known for their support for BDS.
As of 2020, Israel has denied entry to 16 people based on the law,<ref name="Harkov 2020">{{cite web | last=Harkov | first=Lahav | title=Government reevaluating ban on BDS activists entering Israel | website=The Jerusalem Post &#124; JPost.com | date=Aug 13, 2020 | url=https://www.jpost.com/israel-news/government-reevaluating-ban-on-bds-activists-entering-israel-638505 | access-date=Aug 15, 2020}}</ref> including seven French politicians and European Union parliamentarians.<ref>{{cite web |url=https://www.nytimes.com/2019/08/15/world/middleeast/bds-israel-boycott.html/|title=The Anti-Boycott Law Israel Used to Bar Both Omar and Tlaib|date=15 August 2019|website=The New York Times|access-date= 15 August 2019}}</ref>
== See also ==
* [[Anti-BDS laws]]
== References ==
{{reflist|30em}}
{{Boycott, Divestment and Sanctions}}
[[Category:Israeli immigration law]]
[[Category:2017 in law]]
[[Category:Opposition to Boycott, Divestment and Sanctions]]
[[Category:Bezalel Smotrich]]