freedom of movement of a person which effectively nullify the principle of
liberty of movement.59
The Oslo Accords explicitly stated that the oPt should be viewed as a single
territorial entity and further emphasized the importance of preserving the
unity of the West Bank and the Gaza Strip.60
However, one can argue that, according to the Israeli government, the right
to freedom of movement does not apply to Palestinians living in the oPt.
This view was emphasized in a ruling of the Israeli High Court from 2008,
which is based on an Israeli military order from 1967. This order declared the
West Bank and the Gaza Strip to be closed areas for all persons and required
military permits for Palestinians to enter and stay in the area.61
To provide the administrative foundations for such a policy, Israel conducted
in June 1967, immediately after the military occupation of that territory,
a census in the West Bank and the Gaza Strip, though only Palestinians
who were present at the time of the census were registered in the Israeli
population registry and thereby considered to be legal residents and given
identification cards.62 Since then, Israel has retained control over the registry,
meaning that any Palestinian wanting to change his or her residence must
first receive approval from Israel.63 As part of its policy of sealing off the Gaza
Strip, Israel has, since 2000, generally refused to allow changes to the register
which would allow Palestinians from the Gaza Strip to move to other parts
of the oPt. On only a few occasions since 2000, as part of political gestures,
has Israel agreed to change the addresses of some Palestinians.64 This has led
to a situation where approximately 35,000 Palestinians are believed to live
in the West Bank, although they are registered as living in the Gaza Strip and
therefore risk being forcibly displaced by Israel to the Gaza Strip.65 In fact,
59 UN Human Rights Committee, “CCPR General Comment No. 27: Article 12 (Freedom of Movement)”,
2 November 1999, page 1. Available at: http://www.refworld.org/docid/45139c394.html
60 “Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip (Oslo II)”, 28 September
1995, Article XI, section 1. Available at: www.acpr.org.il/publications/books/44-Zero-isr-pal-interimagreement.pdf
61 Human Rights Watch, “’Forget About Him, He’s Not Here’: Israel’s Control of Palestinian Residency
in the West Bank and Gaza”, February 2012, page 29. Available at: www.hrw.org/sites/default/files/
reports/iopt0212webwcover.pdf
62 World Bank Technical Team, “Movement and Access Restrictions in the West Bank: Uncertainty and
Inefficiency in the Palestinian Economy”, 9 May 2007, page 3. Available at: http://siteresources.
worldbank.org/INTWESTBANKGAZA/Resources/WestBankrestrictions9Mayfinal.pdf
63 Ibid. Page 4
64 Human Rights Watch, “’Forget About Him, He’s Not Here’: Israel’s Control of Palestinian Residency
in the West Bank and Gaza”, February 2012, page 26. Available at: www.hrw.org/sites/default/files/
reports/iopt0212webwcover.pdf
65 Gisha – Legal Center for Freedom of Movement, “Who Controls the Palestinian Population Registry?”,
11 November 2010. Available at: gisha.org/en-blog/2010/11/11/who-controls-the-palestinianpopulation-registry/
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