Israel, like any sovereign country in the world, has the right to determine who may enter its borders and is authorized to remove unwanted violators of its borders from its territory
Dr. Refael Minnes..
MiDA..
30 January '18..
Link:
http://en.mida.org.il/2018/01/30/expelling-illegal-infiltrators-israel-legal-moral/
The problem of infiltration from Africa to Israel has been on the public agenda for more than a decade, yet the main preoccupation and public debate on the subject is suffering from a considerable amount of misinformation.
The infiltration of Israel’s borders began as a trickle already at the end of the 1990s. The floodgates opened in 2007 and was halted only in 2012 when construction of the fence along the Egyptian border was completed.
According to publications of the Population and Immigration Authority, as of October 2017, there are approximately 38,000 registered infiltrators in Israel, not including children of infiltrators who were born in Israel. 99% of them are African citizens, of whom 72% are Eritreans and 20% are Sudanese.
While the Israeli government invested heavily in building the fence on the southern border, very little was done to solve the problem of the infiltrators who had already entered the country.
The government of Israel struggled for years with the High Court of Justice over ways to deal with the infiltrators. This included, inter alia, the disqualification of the Knesset’s primary legislation by the Supreme Court. The government then reached agreements with African countries who would absorb the infiltrators after they left Israel.
Following this decision, several petitions were published calling for the deportation to be prevented, with the main argument being that the deportation is immoral. In all the petitions, the parallel to the situation of the Jewish refugees during World War II also appears.
Before examining the moral aspect of the removal of the infiltrators, lets review the legal aspect.
An infiltrator is defined as anyone who enters the borders of the state illegally. For our purposes, we will refer only to infiltrators through the Egyptian border.
An infiltrator can apply for asylum in Israel and his status will then change to an asylum seeker. As long as he has not submitted such a request, he is officially defined as an infiltrator.
The Israeli authorities are supposed to discuss the asylum application and if it is accepted, the status of the refugee will change. This is only in accordance with the state’s decision, which grants the status of the refugee. The status of a refugee is not granted to any person without an official decision of the state. In any case, no person is entitled to such status under any other definition.
A refugee is defined in
Article I of the 1951 Convention and Protocol relating to the Status of Refugees as a person who is an alien from his country and “
owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.”
However, the Convention does not establish procedures for regulating the status of refugee and leaves this for the determination of the signatory states.
In other words, according to the Convention, the State of Israel alone has the power to determine the legal status of asylum seekers, and who among asylum seekers meets the definition of a refugee.
In any case, it is clear by definition that those who emigrate for economic reasons – as severe as they may be – are not entitled to refugee status. This is true as well for those who emigrate due to deprivation of liberty suffered by all citizens of their country, such as forced military service.
Moreover, according to international law, the Refugee Convention does not impose on the signatory countries the absorption of refugees, and the most important principle is the prohibition against expelling them to the state from which they fled.
It is therefore important to note that the vast majority of infiltrators from Africa to Israel are migrant workers and not refugees.