Ref: 31/2022

Date: 02 November 2022

On Tuesday, 01 November 2022, PCHR issued a report titled as “Allegedly for Security Reasons, Gaza Strip Citizens Deprived of Right to Have Passports”. The report addresses the phenomenon of depriving Gaza Strip citizens of their right to obtain or renew passports under the pretext of security reasons.

The report provides an overview of the reality of the right to obtain a passport only in the Gaza Strip and effects of the Palestinian division and political bickering on Gaza citizen’s enjoyment of this right.

This report is based on testimonies of citizens who have been deprived of the right to obtain a passport in addition to relevant national and international laws.

The report is divided into 6 parts. The first part addresses the legal framework of the right to obtain a passport in national and international law while the second part presents the legal regulation of issuing passports in the Gaza Strip. The third part deals with the Palestinians’ right to obtain a passport while the fourth part clarifies the mechanism for the Palestinians to obtain one. The fifth provides an overview of the political reality related to the right of citizens to obtain a passport in the Gaza Strip, and finally the sixth part shows the reality of denying Gaza Strip citizens their right to obtain a passport and its impact on other rights. 

The reports emphasizes that the right to obtain a passport is a constitutional right and an integral part of the right to movement, and that it is binding on the Palestinian Authority under international and domestic law. It also stresses that issuance of a passport shall not be subject to a security check, and even if there is a judicial ruling prohibiting travel, this does not preclude the issuance of the passport.

In the recommendations, PCHR calls upon the Ministry of Interior to issue all passports that are put on hold immediately and unconditionally, and to inform citizens intending to obtain passports of any delay in issuing the passport and the reason for such delay through an official document.

PCHR also calls for the issuance of passports should be just a routine administrative process away from any intervention from the Palestinian Security Services.

PCHR also urges the Palestinian President to issue a law by decree that emphasizes the right to have a passport and regulating its issuance in a way that repeals the applicable law. Also, the law by decree must specify the maximum period for the issuance of the passport starting from the date of submitting the application to obtain a passport, and any delay will be considered as a refusal, so the applicant may resort to judiciary based on the date of the application receipt.

PCHR demands the two parties to the division work immediately to end it and restore the unity of the Palestinian Authority in the West Bank and Gaza Strip.