Physicians for Human Rights-Israel (PHR-I) Input to ENP September 2012- September 2013

Asylum Seekers, Migrants and Status less persons Current challenges facing African asylum seekers arriving in Israel via Sinai As of July 2013, there were approximately 54,201 asylum seekers in Israel who entered via the Egyptian Sinai border (67% were Eritrean, 25% Sudanese and the rest were from Ethiopia, Ivory Coast, Somalia and other countries). 20% of this population is female. Of these, an estimated 7,000 were tortured and/or extorted for ransom in the Sinai, either by groups paid to smuggle them to Israel or, increasingly, as a result of being kidnapped from Sudan and Ethiopia. The situation of tortured and extorted asylum seekers in the Sinai has exacerbated in recent months. At least 20% of all asylum seekers from Eritrea that PHR-Israel and the Hotline for Migrant Workers interviewed during 2011-12 were held captive in desert torture encampments, and described severe abuse and murders. Today, the vast majority of persons held in Sinai are kidnapping victims. This shift has occurred partly due to a decrease in the numbers of asylum seekers attempting to reach Israel, since the completion, in 2012, of a fence along the IsraeliEgyptian border. On September 23rd 2012, three Israelis suspected of assisting and transferring money from relatives of torture victims living in Israel to human traffickers in the Sinai were arrested. The arrests and the investigation of collaborators inside Israel are an important and long-awaited achievement of PHR-Israel's campaign. For further details on our efforts and previous appeals to the Israeli police on this issue, see our report from November 30th, 2011 (http://www.phr.org.il/default.asp?PageID=183&ItemID=1176) and an article on Ha'aretz Daily reporting the arrest (http://www.haaretz.co.il/news/politics/1.1829015). On January 15th, 2013 an indictment was submitted against suspects of collaborating with human traffickers in Sinai. The indictment highlights that two years before its submission there was systematic kidnapping of Sudanese and Eritreans who were held captive under severe conditions. For detailed information on the indictment in Hebrew:
(http://index.justice.gov.il/Pubilcations/News/Documents/Tubashi.pdf)

On November 5th, PHR-Israel published a new report written jointly with the Hotline for Migrant Workers, entitled "Tortured in Sinai, Jailed in Israel: Detention of Slavery and Torture Survivors under the Anti-Infiltration Law (June-September 2012). The report deals with the detention of torture and slavery survivors in Israel under the anti-infiltration law and its consequences.
(http://he.scribd.com/doc/112198648/Tortured-in-Sinai-Jailed-in-Srael-Eng).

In the first half of 2012, an Inter-Ministerial team was convened under the Unit Against Human Traffickers in the Ministry of Justice, aiming to consolidate recommendations for the treatment of victims of torture in Sinai. Approached by this team, PHR-Israel submitted extensive data collected in our Open Clinic, including clear recommendations on the adequate approach to provide care and assistance for the victims living in Israel. Although more than a year has passed, until October 2013 no recommendations were formalized and no progress was recorded.

As of the beginning of March 2013, survivors of the torture camps in Sinai that were acknowledged by the State started to be released, due to legal assistance received and following a long term imprisonment waiting for vacancy in designated shelters. Even after being released and in need of medical care, these survivors cannot access he basket of medical services to which they are entitled under the State regulations. On July 2013, PHR-Israel, together with Assaf, urgently appealed to Dr. Michael Dor, from the Ministry of Health. According to the Court of Custody ruling, victims should be released to homes of custodians relatives and acquaintances that have agreed to care for their welfare until vacancy is found in one of the shelters. However, since healthcare is only made available to those residing in the shelters, the referred ruling created a problem concerning access to healthcare, which is crucial to the victims suffering from a range of problems stemming from the violence they suffered: orthopedic, gynecology, eating disorders, psychiatry and more. Although eligible, the Ministry of Health is yet to respond how and where those outside the shelters will receive the healthcare they desperately need. Selected Media coverage about the torture camps in Sinai
September 20th 2012 CNN, as part of its Freedom Project, aired a documentary on the Sinai torture camps entitled Stand in the Sinai (http://thecnnfreedomproject.blogs.cnn.com/2012/09/26/stand-in-thesinai-now-online). See also the story of Sister Azezet Kidane, the Eritrean nun and nurse who has received from U.S. Secretary of State, Hillary Clinton, the TIP Hero award for her dedicated work with PHR-Israel, interviewing the Sinai victims and revealing their story to the world. (http://thecnnfreedomproject.blogs.cnn.com/2012/09/20/sister-gives-hope-to-traffickedmigrants/?hpt=hp_c1) The Egyptian Daily News published an article about asylum seekers in Sinai and in Israel, quoting Dr. Ido Lurie, the Open Clinic's medical director: (http://dailynewsegypt.com/2012/11/06/a-tortuousjourney/) The Atlantic Magazine also published an article named "Inside Sinai's Torture Camps - How Bedouins are kidnapping and ransoming African refugees in Egypt's lawless hinterland" (http://www.theatlantic.com/international/archive/2012/11/inside-sinais-torture-camps/265204/) The New York Times "Sinai Becomes Prison for African Migrants" (http://www.nytimes.com/2012/11/01/world/middleeast/01iht-m01-sinaimigrants.html?pagewanted=all&_r=0"http://www.nytimes.com/2012/11/01/world/middleeast/01iht-m01sinai-migrants.html?pagewanted=all&_r=0.) Haaretz - http://www.haaretz.co.il/news/education/1.1857736 Washington Post "Israels crackdown on illegal African migrants draws critics" (http://www.washingtonpost.com/world/middle_east/israels-crackdown-on-illegal-african-migrantsdraws-critics/2012/11/02/70687de2-2469-11e2-9313-3c7f59038d93_story.html) Die Ziet "Ermordet, geqult und ausgeweidet: Entfhrung, Vergewaltigung, Folter und Organraub auf der Sinai-Halbinsel werden Flchtlinge aus Afrika seit Jahren zu Opfern schwerer Verbrechen" (http://www.zeit.de/wissen/gesundheit/2013-01/organraub-beduinen-sinai-aegyptenmenschenrechtsausschuss) Wall Street Journal (http://online.wsj.com/articl_email/SB10001424127887323644904578271931588182050lMyQjAxMTAzMDAwMTEwNDEyWj.html?mod=wsj_valettop_email#articleTabs%3Darticle) PBS Newshour - (http://www.pbs.org/newshour/unpromised-land/)

CBN - http://www.cbn.com/cbnnews/insideisrael/2013/July/Tortured-in-the-Sinai-I-Was-Hanged-forDays/"http://www.cbn.com/cbnnews/insideisrael/2013/July/Tortured-in-the-Sinai-I-Was-Hanged-forDays/ BBC Brazil (http://operamundi.uol.com.br/conteudo/reportagens/29834/israel+mantem+2.000+refugiados+africanos+ em+cadeia+no+deserto.shtml Sueddeutsche Magazine - a major article (20 pages) in one of Germany's most widely-read magazines: (http://sz-magazin.sueddeutsche.de/texte/anzeigen/40203/Im-Reich-des-Todes) Washington Times (http://www.washingtontimes.com/news/2013/jul/21/in-sinai-i-saw-hell-refugeesare-easy-prey-for-bru/?page=1) The radio program 'This American Life' broadcast a one-hour program devoted to the Sinai torture camps and their victims who live in Israel:(http://www.thisamericanlife.org/radio-archives/episode/502/thiscall-may-be-recorded-to-save-your-life#play)

Completion of the border fence and refoulement Prior to June 2012, an average of 1,000-1,500 asylum seekers entered Israel each month. In late 2012, a 240-km fence along the Israeli-Egyptian border was completed. Since the completion of the fence, a dramatic decrease has been recorded. Between January and June 2013 only 35 people entered Israel through this route. According to testimonies from survivors, Israeli military deployed along the fence act to stop asylum seekers from approaching or crossing the border, and respond with 'push-back' activities on Israeli and Egyptian territory, and/or with 'hot returns' in the form of transfer of asylum seekers to Egyptian police on the other side of the border. On September 6th 2012, a PHR-Israel medical mission set off to the Egyptian border, in order to reach a group of 21 Eritrean asylum seekers who arrived seven days earlier but were rejected by the Israeli forces and thus, were left hanging between the Sinai and Israel. PHR-Israel demanded that the group be permitted to enter Israeli territory or, at least, that our medical staff be allowed to examine them. The mission was comprised of nearly 30 volunteers, including Sister Azezet Kidane, PHR-Israel's board members and volunteer physicians and medical students. Our requests were denied. Eventually, after eight days at the border, 18 of the group members were forcibly returned to Egypt by the Israeli forces, while the remaining three (two women and a 14year-old boy) were allowed to enter Israel, where they were immediately imprisoned at Saharonim detention Center. (http://phr.org.il/default.asp?PageID=52&ItemID=1594). Our website was continually updated as this affair evolved. It was widely reported on Ha'aretz (http://www.haaretz.co.il/news/education/1.1818453), and Ynet (http://www.ynet.co.il/articles/0,7340,L4278394,00.html), NRG (http://www.nrg.co.il/online/1/ART2/401/620.html?hp=1&cat=402&loc=1) and more. Since this incident, there have been at least three more groups of asylum seekers who reached the Israeli border and after waiting there for days, were rejected and returned to Egypt, where their future is unclear. There may have been further groups which were not reported by the media. PHR-Israel's views this as a highly worrisome trend, which essentially continues the Israeli "hot return" policy by not allowing asylum seekers to access Israeli territory.

On October 9th, 2012 PHR-Israel published a press release together with the Hotline for Migrant Workers, following testimonies we received from a group of Eritrean asylum seekers that had reached the Israeli border several days earlier. Two members of the group were in critical physical condition and hence were allowed to enter Israel and receive medical care; the fate of the others remained unknown. This incident is similar to several previous ones we have reported since June, which raises deep concern regarding Israel's policy of practically preventing any access of asylum seekers to its territory, except for extraordinary cases. See also item on Walla! News (http://news.walla.co.il/?w=/90/2573936). On October 28th, 2012, PHR-Israel published a report, together with Human Rights Watch, reviewing the Israeli policy of 'hot return' on the Egyptian border and criticizing Israel's use of arguments which are unacceptable, both morally and legally, and which contradict Israel's international obligations and the Refugee Convention. See our full report here:
(http://www.phr.org.il/default.asp?PageID=100&ItemID=1625)

Struggle against the detention of asylum seekers. Restrictions on access to detainees The Hotline for Migrant Workers (HMW) is the only NGO in Israel with access to the detention facilities, although in the past it was occasionally arbitrarily denied access to the largest detention facility in Israel - Saharonim. Since June 2012 HMW activists have been barred from entering the facilities, except when they possess a power of attorney to represent the detainee before the Administrative Tribunal in detention. On October 24th 2012 an item was published in Ynet reporting a case which PHR-Israel has been closely involved with, of a Sudanese asylum seeker who was detained at Saharonim while pregnant; the woman eventually gave birth to a dead fetus, after her condition was allegedly neglected by the Prison Services, who did not allow her to access a gynecologist on time. For detailed information including PHR-Israel quotes: (http://www.ynet.co.il/articles/0,7340,L4296289,00.html). On December 4th 2012, the Administrative Court gave a positive verdict on an appeal submitted by the Hotline for Migrant Workers together with PHR-Israel. In the appeal, we demanded that any asylum seeker released from custody is granted a temporary visa, as we have received complaints from asylum seekers who were released without any documentation, what limits whatever access they have to public services, including health services. The court announced that, as of the beginning of February, at the latest, anyone released from custody would receive a temporary visa, and that during the next six months, visas would be issued for those who currently lack them. In June 27th, 2013, following the hunger strike of asylum-seeker in Saharonim Prison, PHRIsrael, together with the Hotline for Migrant Workers, issued an urgent letter to the Israeli Prison Service demanding allowance for doctors and human rights activists to enter the prison to assist and treat the hunger strikers. To access the press release and the letter, please follow the links:
(http://www.phr.org.il/default.asp?PageID=52&ItemID=1784) (http://on.fb.me/17kmajF)

Struggle Against Coercing Deportations to Eritrea and Sudan Sudanese citizens are forbidden by law to visit Israel, and Sudan has no consular relations with Israel. Nonetheless, Israeli governments, both before and after the 2013 elections, have

repeatedly expressed their intention to remove asylum seekers voluntarily or otherwise to their countries of origin via third countries, and/or to remove them permanently to a third African country. More than 2,100 Sudanese have already been removed. The current transit country of choice is reportedly Jordan. According to recent media reports, the Sudan government has discovered the identity of returnees as failed asylum seekers from Israel, and has interrogated some of them on their return to Khartoum. On February 2013, numerous Eritrean asylum seekers held in Saharonim prison reported to the Hotline for Migrant Workers and other human rights activists that the Israeli Ministry of Interior has presented them with three options: 1) Detention for a minimum of three years under the Anti-Infiltration Law with an uncertain future to follow; 2) Deportation to Uganda; and 3) Deportation to Eritrea. These deportations are part of a wider policy of the government. Israeli government officials, including Prime Minister Netanyahu and (the then) Interior Minister Yishai, have continuously threatened to deport Sudanese and Eritrean "infiltrators" to either their home countries or third countries. While this is the first time Israeli human rights groups have learned of Eritreans under direct threat of deportation, Sudanese (including those from Darfur) have been deported in similar ways from Israel to Sudan via Amman and Cairo over the last weeks. Human rights groups signed an appeal conveying their deep concern for the fate of Eritrean asylum seekers who are returned to Eritrea. The Eritrean government considers any request for asylum in other countries to be an act of treason. Therefore, those who are forcibly returned to Eritrea face a real risk of being subjected to rights violations, including incommunicado detention, torture and other forms of serious ill treatment. In addition, detention conditions in Eritrea are appalling and cruel, inhuman or degrading treatment is a common rule. Following the reports, PHR-Israel together with other organizations launched an urgent appeal to foreign diplomats in Israel and in the international diplomatic community to prevent the expulsions to Uganda and Eritrea. For the urgent appeal: (http://www.phr.org.il/default.asp?PageID=100&ItemID=1704).

Media coverage on the issue: Haaretz - "UN demands Israeli explanation over secret deportation of Sudanese migrants" (http://www.haaretz.com/news/national/un-demands-israeli-explanation-over-secret-deportation-ofsudanese-migrants.premium-1.506071); "Israel accused of coercing Eritrean refugees to 'volunteer' for deportation" (http://www.haaretz.com/news/national/israel-accused-of-coercing-eritrean-refugeesto-volunteer-for-deportation.premium-1.503447);Haaretz Editorial - "A voluntary death penalty" (http://www.haaretz.com/opinion/a-voluntary-death-penalty-1.503665). Article by Dr. Ido Lurie, Medical Director of the Open Clinic: (http://www.haaretz.co.il/opinions/1.1938595) On Sunday, July 14th, 2013, fourteen Eritreans detained at the Saharonim Detention Center in Israel "voluntarily returned" to Eritrea. Israeli authorities had confronted them with two options: years of imprisonment or "voluntarily return." Pressured, the refugees signed consenting papers to return, flying from Tel Aviv to Asmara, via Istanbul. Israel planned to repatriate dozens of

individuals using the same procedure over the coming weeks. The Israeli Attorney General, Yehuda Weinstein, approved the use of the procedure at the end of June. In a meeting at Prime Minister Binyamin Netanyahus Office, on July14th, the Minister of Interior, Gideon Saar, and of Internal Security, Minister Yitzhak Aharonovich, affirmed their intention to focus on returning infiltrators still in Israel via the voluntary returns process. In a public letter, an Eritrean prisoner held in Ward 3 of Saharonim prison said: Many among us were tortured and raped in Sinai. When we reached this democratic state of Israel, we didnt expect such harsh punishment in prisonWe lost all hope and became frustrated by this situation so that we ask you to either provide us with a solution or send us to our country, no matter what will happen to us, even if we have to endure death penalty by the Eritrean regime." Similarly, Israeli immigration authorities continued to pressure Sudanese asylum seekers in prison to consent to deportation to Sudan via Jordan. Over the last year, over 500 Sudanese nationals detained under the Prevention of Infiltration Law and more than 1,500 additional nondetained Sudanese nationals were deported from Israel to Sudan via a third country under the "voluntary return" procedure. Also Sudanese prisoners expressed their loss of hope: "I would rather die in my own country than be in prison forever in Israel." To protest prolonged and indefinite detention, more than 300 prisoners in Saharonim Detention Center went on hunger strike for up to 10 days last June. Some detainees needed to be transferred to hospitals due to their deteriorating health conditions. PHRIsrael, together with other human rights organizations, believe that such "voluntary deportations do not constitute free and informed consent when the only alternative offered is prolonged detention in Israel. Deportations under such a procedure constitute a violation of the principle of non-refoulement under international law. The UN High Commissioner for Refugees (UNHCR) and Israeli human rights groups have repeatedly stressed that agreements to return people to Eritrea and Sudan presented as an ultimatum of unlimited jail time cannot be considered voluntary. On July 18th, PHR-Israel and five other Israeli NGOs issued an urgent call to the diplomatic community against the coercive removal of Eritrean asylum seekers from Israel to Eritrea. In response to reports of an agreement to deport asylum-seekers from Israel to Uganda (http://www.haaretz.com/news/national/.premium-1.544269), PHR-Israel, together with other organizations, issued a joint statement on 29/8/2013 noting that: "For years, the Ministry of Interior has been talking about a third country that will take asylum-seekers from Israel in exchange for arms and money, and Uganda was even mentioned previously. But it turned out that Uganda is not a safe country for refugees from Israel, and that there is no way to ensure the safety of those deported there. Last March, Israel deported an Eritrean asylum-seeker to Uganda, and Uganda was quick to renounce any agreement and deport him immediately upon his arrival. The current talk about an agreement with Uganda remains as vague as ever." The Ministry of Interior did not make it clear when the agreement will be actualized, how many people will be absorbed in Uganda, what status they will receive and what are the guarantees that they will not be deported to their country of origin. The purpose of the announcement on this

ambiguous agreement with Uganda is to renew the discussion on the deportations to a third country to delay the High Court of Justice from ruling on the (http://www.acri.org.il/en/2013/06/04/anti-infiltration-hearing/) petition calling for the abrogation of the Prevention of Infiltration Law. The announcement is also intended to pressure asylumseekers in Israel into requesting to leave Israel in any way they find, even if it means risking their lives. The organizations also pointed out that the previous Minister of Interior, (http://www.acri.org.il/en/2012/10/11/preliminary-injunction-prohibits-arrest-of-sudanese-asylumseekers/), Eli Yishai, made a similar statement to the media one year ago about a decision to detain and deport all Sudanese asylum-seekers after the [Jewish] holidays. After a petition was filed against this announcement, the State Attorneys office stated that the Minister of Interior cannot make such announcement (http://www.acri.org.il/en/2012/10/25/state-attorney-repudiatesdecree-to-arrest-sudanese-asylum-seekers/) and that if a decision of this kind was made, it would be published in an orderly manner by the Immigration Authority, at least thirty days before coming into force. The Immigration Authority is yet to publish any announcement on the issue. Media:
(http://www.haaretz.com/news/national/.premium-1.544269),(http://www.jpost.com/NationalNews/Uganda-denies-striking-deal-to-absorb-African-migrants-from-Israel-324776)

Campaign on Social Residency - granting social rights to status-less persons living in Israel Access to public social and healthcare services in Israel depends on civil status; only citizens or residents of Israel are entitled to those services. In order to address the lack of access to health services and social benefits, PHR-Israel decided in 2008 to advocate for a Social Residency Status. While Social Residency Status does not entitle the recipient to political and civil rights, it enables documented individuals to access state-run services like health care and welfare regardless of citizenship. Asylum-seekers in the community are denied access to the most basic rights, including the right to work, and are heavily dependent on the voluntary sector. Torture survivors who are indebted to those who ransomed them are led into a downward spiral of destitution. PHR-Israel is also campaigning to allow documented migrant workers to access health coverage via the public system, as an alternative to being forced to obtain coverage through private providers. PHR-Israel conducted an economic viability research proving that such an arrangement will not only give status-less individuals access to better medical care from a more established and extensive health care system, but will also add millions of shekels of revenue to the public health budget, a contribution that would benefit all of Israels residents and citizens (by collecting health tax from employed documented migrants). Palestinian spouses of citizens who are denied family unification and non-resident children are also among the groups without adequate access to medical care. In 2003, the Israeli parliament passed an amendment to the Citizenship and Entry into Israel Law that prevents Palestinians from the Occupied Palestinian Territory (OPT) who marry citizens of Israel from obtaining legal status (temporary or permanent residency or citizenship) in Israel. (http://adalah.org/features/famuni/20030731fam_uni_law_eng.pdf). Further amendments made in 2007 added spouses from enemy states, defined as Iran, Iraq, Syria and Lebanon, to the ban.

Already in 2011, the Inter-Ministerial Committee for Social Residency (the Horev Committee) issued a recommendation supporting our position that Palestinians living in Israel with temporary stay permits (a population of around 8,000 individuals), be eligible to access public health services. According to the State, the recommendations of the Inter-Ministerial Committee had already garnered the necessary approval of Cabinet Ministers, official approval necessary to begin implementing practical changes and reforms. In November 2012 official comments and criticism were submitted by ACRI, PHR-Israel and Kayan to the Court, regarding the details included in the State's proposed plan. Though the plan includes opportunities for Palestinian spouses to buy into public insurance, the State's position does involve some areas that still appear discriminatory. The plan falls short of speaking about National Health Insurance (Bituach Leumi), a central need of the community. The appeal is yet without a rolling. Although technically a temporary measure, the Knesset has repeatedly extended the law, which has now been in effect for over ten years. After the latest Knesset vote (73 in favor, 18 object), it is currently in force until May 2014, when it will once again come before the Knesset for extension. Thousands of families have suffered the harmful effects of this law, such as the deeper entrenchment of the Palestinian minority as second-class citizens whose basic rights to equality, dignity and a family life have been significantly harmed; another consequence is the perpetuation of gender inequities among Palestinian women within their communities and in Israeli society. Before the debate in the Knesset PHR-Israel issued a letter to all Mks urging them to oppose the discriminatory and racist law:
(http://www.phr.org.il/default.asp?PageID=52&ItemID=1747"http://www.phr.org.il/default.asp?PageID= 52&ItemID=1747).

On May 3rd, 2013 a long article was published in Ma'ariv Weekend Magazine on a womenleadership group (guided by PHR-Israel and Shatil) and the initiative to promote social residency to spouses excluded from family unification by the amendment to the citizenship law. (http://www.phr.org.il/default.asp?PageID=100&ItemID=1817) Following 03 petitions regarding granting social rights for non-resident children, for Palestinian spouses of citizens who are denied family unification and for status less battered women, the Ministries of Health (MoH) and Welfare formed, in 2008, an Inter-Ministerial Committee to discuss the issue of granting social rights to different non-resident groups. The Committee is comprised of representatives of health, welfare, interior, justice and finance ministries and it deals with the whole scope of health and welfare services related to Women affected by citizenship law, Non-Resident children, Migrant Workers, Refugees, Asylum Seekers and Trafficking victims.1
1

According to section 56 (A)(1)(D) of Israel's Public Health Insurance Law, the Minister of Health has the authority to grant specific groups access to the public health scheme. Likewise, according to section 378(B)(1), the Minister of Welfare, with approval of a Knesset Committee, can grant specific groups access to welfare services.

On March 12th, 2013, after PHR-Israel had urgently addressed Dr. Tuvia Horev, the Committee's Chairperson from the Ministry of Health, he told us that the committee did submit recommendations on 3 issues: a) transferring medical insurance of migrant workers from the private companies to the HMOs rejected; b) access to medical care in the HMO to spouses that could not receive family unification but reside in Israel with a permit recommendation to allow such access through a special arrangement; c) regarding asylum-seekers the committee did not see itself as having the mandate to discuss access to healthcare as separate from a comprehensive government plan, and thus decided not to discuss it at all. Concerning the social rights of statusless children, the recommendation stayed unclear to us. Following intensive advocacy efforts, on June 12th, 2013 a hearing was held in the Knesset Committee on Foreign Workers, with the Minister of Health, MK Yael German, to discuss the Ministry of Health's position on access to health care of status-less people. PHR-Israel issued a position paper prior to the discussion. Additionally a number of individual cases were brought to the Minister's attention during the hearing. In her opening remarks, the minister stated that the Ministry of Health is committed to give healthcare services to all people in Israel regardless of their status and that she will examine whether it is possible to give them health coverage, using paragraph 56(A) 1 (d) [which allows the MoH to give health coverage to a group defined by the minister and to an extent defined by the minister without the need for a new bill to be passed]. The limited clinic recently opened by the Ministry of Health in Tel Aviv was agreed as insufficient. Report from the Knesset Research Center
(http://www.knesset.gov.il/mmm/data/pdf/m03198.pdf) (in Hebrew).

PHR-Israel's position paper (http://www.phr.org.il/default.asp?PageID=52&ItemID=1773) (in Hebrew); Protocol of the meeting (http://knesset.gov.il/protocols/heb/protocol_search.aspx?comID=15); Media coverage: Haaretz editorial - (http://www.haaretz.co.il/opinions/editorial-articles/1.2044025) Dr. Ido Luria (PHR-Israel's medical Director of the Open Clinic) (http://www.ynet.co.il/articles/0,7340,L-4391039,00.html"http://www.ynet.co.il/articles/0,7340,L4391039,00.html); Walla: Minister German: I will consider expanding health care to statusless [Hebrew] (http://news.walla.co.il/?w=%2F90%2F2650636&m=1( Following the meeting of the Knesset Committee on Foreign Workers in June, PHR-Israel wrote to the Minister of Health, MK Yael German regarding two asylum seekers who required rehabilitation and intensive nursing. A follow-up letter was sent on July 21st, 2013, but although the Minister had asked to be personally updated on these cases, no response has been received until now. On July 1st, 2013, the Knesset Committee on Foreign Workers held a hearing with the Minister of Social Affairs and Social Services, MK Meir Cohen - a continuation of the meeting held in June to discuss the Ministry's arrangements for asylum seekers. The Minister issued an important declaration that he sees his Ministry as responsible for asylum seekers and he is actively trying to increase the budget allocated to these communities.Quote from the Minister: "A situation has been created in which the Ministry of Welfare is acting as one of the train's carriages. But that's

not how it should be, we're the State. Whatever happens regarding the people who are in this or that danger is the responsibility of the Ministry of Welfare." The New Ministry of Health Refugee Clinic In December 9th, 2012, PHR-Israel addressed the Ministry of Health in a letter congratulating it for opening the new Refugee Clinic operating as a front emergency room at the Tel Aviv Central Bus Station. In the letter we also expressed our concerns that the new clinic would only provide partial solutions and basic services and not deal with the wider health needs of asylum seekers and status-less persons in Israel, which included medically and socially complicated cases, patients requiring expensive procedures and treatments and chronically ill patients (especially those suffering from diabetes, hypertension, epilepsy, and psychiatric disorders). The new clinic also fails to address the special needs of torture and slavery victims. In the letter we asked that these issues would be considered and that more comprehensive solutions would be developed, such as the provision of health services to non-citizens within the existing public health system, rather than the creation of a separate system with lower standards.
(http://www.haaretz.co.il/news/health/1.1900066)

Promotion of Compliance of Patients' Rights Law During 2013, PHR-Israel and other organizations have received an increasing number of complaints about delays and refusals to issue birth certificates by hospitals, following a demand for payment. Together with the Association for Civil Rights in Israel (ACRI), PHR-Israel requested Professor Ronni Gamzu, the Director General of the Ministry of Health, to issue clear instructions to hospitals regarding their legal obligation to provide a copy of the birth certificate to parents as they leave the hospital and to forward a copy of the certificate to the Ministry of Interior within ten days of the birth. He was also required to issue a circular forbidding the issue of the certificate to be dependent on the payment of hospitalization fees.We were pleased to receive a speedy response from Professor Gamzu confirming that he does intend to refresh the procedures. On July 7th, the Ministry circulated a directive forbidding the issue of the certification dependent on the payment of outstanding debts to the hospital by the parents.The document can be found at: (http://www.health.gov.il/hozer/mr17_2013.pdf"http://www.health.gov.il/hozer/mr17_2013.pdf). The topic was also covered by the 'Yediot Ahranot' daily paper. As for October 2013 PHR-Israel continue to receive complains from status less persons about the issue. Following arrests in the Central Bus Station, PHR-Israel wrote to the Ministry of Health on January, 10th, 2013 requesting the Ministry to ensure safe access for migrants and status-less persons to the new clinic which was recently opened to serve this population. The Ministry's response was a clear condemnation of the "inhuman" practice of targeting the clinic. However, as we are not sure how this policy may be implemented in practice, we will continue to follow the developments on this matter.
(http://www.haaretz.co.il/news/education/1.1904095"http://www.haaretz.co.il/news/education/1.1904095)

Status-less children

On February 26th 2013, ACRI, the Hotline for Migrant Workers and PHR-Israel submitted a petition demanding the High Court to instruct the Ministry of Interior to issue status-less children born in Israel documentation indicating the names of both parents and giving the parents the option of registering the child's birth with the family name of the parents' choice. The petition was presented on behalf of a family of asylum seekers from Congo: parents and a fourteen-month old girl born in Israel, whose birth certification did not include her father's name or his family name as that of the child. The above practice is in contravention of undertakings given by the Ministry of the Interior to the Supreme Court, and against the Ministry's own practices. Additionally, as stated in the petition, the right to accurate documentation of a live birth, indicating the relationship of the family members, is a basic right, enshrined in declarations of children's rights. A copy of the petition can be found at http://www.acri.org.il/he/wpcontent/uploads/2013/02/hit1528.pdf. Preventing Deportation of Patients with Severe Medical Conditions Following the cancellation of group protection for citizens of South Sudan, PHR-Israel submitted more than 20 requests to the Ministry of Interior for prevention of deportation on medical grounds, arguing that in view of the limited availability of medical care in South Sudan, a delay in the deportations should be provided on an individual basis. Some of the applications were refused while several others are still awaiting response. In May 2013 PHR-Israel submitted a petition on behalf of an HIV-positive patient from South Sudan, trying to avoid his deportation. The appeal is against a ruling which is based on a statement from the Ministry of Health, asserting that HIV treatment is available in Africa. We take issue with this statement as a basis for deportation on two grounds:(1) the statement was issued with no differentiation between the different countries in the African continent;(2) it was made before the independence of South Sudan and cannot reflect the present reality as regards treatment or the lack of it.PHR-Israel therefore demanded that such rulings include a consideration of the availability of medical treatment in each country.An additional five appeals for South Sudanese in a similar situation are presently pending. Delegitimization and legislation against asylum seekers in Israel After the publication of the Sofer Committee Report, a Committee appointed by the previous Minister of Interior, Eli Ishay, PHR-Israel published a combined press release by a number of organizations, stating: "Minister Ishay has a made-to-order report which will give backing to his policies threatening asylum seekers in Israel. The result is an inflammatory report, unprofessional and irresponsible." The full statement can be read at
(http://www.phr.org.il/default.asp?PageID=52&ItemID=1723)

In April 2013, PHR-Israel issued an immediate response to the remarks of Professor Barbash, Director of the Tel Aviv Medical Centre (Ichilov) in the Knesset. (http://www.nrg.co.il/online/1/ART2/463/462.html?hp=1&cat=402&loc=9). Prof. Barbash stated: "We have succeeded in closing the border, but we cannot control the birth rate and the number of Eritreans who are born here is increasing from year to year."PHR-Israel's Ethics Committee issued a statement which can be read in its entirety at (http://www.phr.org.il/default.asp?PageID=362&ItemID=1752). From the statement: "We do not

ignore the financial and professional burden carried by the medical centers which treat the status-less population, and we have great respect for Ichilov and other hospitals whose staff treat thousands of status-less patients each year, with dedication and professionalism, in spite of the lack of cover. Because of his familiarity with the problem it becomes Professor Barbash to be counted among the leaders of those demanding an all-encompassing solution (such as). the introduction of social residency, which would grant this population the opportunity to earn their living and entitlement to medical services." Statues less children In May 5th, 2013, the State Comptroller published a report on Status-less Minors in Israel. Staff from the State Comptrollers office met with representatives of PHR-Israel for a briefing, as part of the process of preparing the report. PHR-Israel presented material indicating failings in the access of minors to health services, and particularly, the arrangement for childrens health insurance through the Meuchedet HMO. This issue was discussed in the Comptroller's report, which criticized the inadequate and limited access to health services. The Comptroller recommended that the Ministry of Health established a suitable framework under which hospitals can offer health services to status-less minors in accordance with the national health law. Promoting access to treatment for HIV Patients with no civil statues While the MoH provides full medical treatment for Israeli residents living with HIV\Aids, over 100 HIV positive persons with no civil status were recorded in PHR-Israel Open Clinic as living in Israel with no health insurance or regular access to medical care. The Open Clinic tries to acquire them treatment, but many stay untreated. During 2012-2013, around 60 of these HIV patients received donated ARV drug cocktails, thanks to limited support from the Israel AIDS Taskforce. Those not in treatment sit on a waiting list with no other way to receive ARV medications, unless their conditions deteriorate so drastically that they become one of the "priority" patients that qualify for donated treatment from the Taskforce. Efforts were made by PHR-Israel and the Aids Taskforce to import affordable generic medications for non-residents HIV carriers. The issue is still pending within the MoH. The Continuing Humanitarian Crisis in Syria Over 2 million people have fled Syria, most of them members of religious and ethnic groups opposed to the current regime. In spite of the shared border between Israel and Syria, until recently, no refugees sought asylum in Israel. Following the case of 7 refugees who sought medical care in Israel, in February 2013, the IDF announced its intention to establish a field hospital in the Golan, with the aim of preventing refugees gaining access to the Israeli territory. The referred plan directly contradicts the 1951 Refugee Convention, over which Israel had a key role and based on which it is clear that Israel has a responsibility towards persecuted persons. For the full statement (Hebrew) - (http://www.phr.org.il/default.asp?PageID=52&ItemID=1706). On July 8th, PHR-Israel sent a letter to the Ministries of Defense and Health on the issue of the Syrian citizens who are fleeing to Israel. We requested clarification regarding who is responsible for their care, on what criteria they are allowed into Israel for medical care and whether Israel has been in contact with the Commissioner for Refugees to clarify if they have requested asylum. We are concerned to know if, following their medical care, adequate precautions are taken to ensure their safety after their return to Syria, of if they are to be returned elsewhere. Until now

PHR-Israel did not receive any clarification as to whether the refugees are returned to Syria, and what precautions are (if) taken to protect them, although we had sent several letters, including one from a lawyer.