The Independent Commission for Human Rights - ICHR
71
Accordingly, any travel ban, abstention from issuing passports, or withholding of ID cards or passports by an non-judicial body violates the right to personal liberty and right to freedom of movement. This is the criterion adopted by the ICHR, considering that travel ban of all forms is illegal or
arbitrary. Travel is further banned on grounds of exercising lawful rights and freedoms, particularly
the right to freedom of opinion and expression or right to freedom of political affiliation.
The ICHR received 55 complaints on ban on travel. Including 55 claims (9 in the West Bank and
46 in Gaza), these featured various forms of arbitrary or illegal ban on travel, namely, issuance of
express travel bans, abstention from issuing passports, or withholding of identity documents or
passports.
Mainly involving abstention from issuing passports, claims of travel bans mostly generated from the
Gaza Strip. Since the internal Palestinian political divide took place in 2007, Gazans have continued
to experience difficulties in obtaining passports. Without legally prescribed reasons or judicial ruling, the West Bank-based MoI refrains from issuing passports to Gaza citizens under the pretext of
security clearance. In 2021, these claims were as many as 33.
passports to Gaza citizens under the pretext of security clearance. In 2021, these claims
werewere
as many
33. courts, Internal Security, and Border Police in the Gaza Strip. These
Other claims
citedasagainst
included 12 claims of express travel bans and three of withheld ID cards or travel documents. All
Other claims were cited against courts, Internal Security, and Border Police in the Gaza
cases of travel bans complained of were without a warrant. Of these, six were associated with the
Strip.
These
included
claims
ofon
express
travelof
bans
threevictim;
of withheld
cards or
exercise of
lawful
right
and one12was
based
the gender
theand
female
that is,IDdiscrimination
travel
documents. All cases of travel bans complained of were without a warrant. Of these,
on the basis
of gender.
six were associated with the exercise of lawful right and one was based on the gender of
In the West
MoI that
abstained
from issuing
to gender.
two citizens without a warrant. Also
theBank,
femalethe
victim;
is, discrimination
on passport
the basis of
without a valid court order, the General Intelligence agency banned five citizens from travelling
In the WestBridge.
Bank, Of
the these,
MoI abstained
fromwere
issuing
passport
two
a
via the Al-Karamah
three citizens
under
traveltoban
forcitizens
reasonswithout
of exercising
warrant.
Also without
a valid
court decision,
order, the the
General
Intelligence
agency
bannedThe
fiveother
their rights
and freedoms.
Without
a judicial
ID cards
of two were
withheld.
citizens
from
travelling
via
the
Al-Karamah
Bridge.
Of
these,
three
citizens
were
under
complainant was banned because of her gender.
travel ban for reasons of exercising their rights and freedoms. Without a judicial decision,
the ID cards of two were withheld. The other complainant was banned because of her
gender.
Chart 13: Patterns of ban on travel
Chart 13: Patterns of ban on travel
33
35
30
25
20
15
10
5
0
12
5
2
Ban on travel
2
Abstention from issuing passports
West Bank
3
Withholding of ID cards or
passports
Gaza
Twenty Seventh Annual Report 2021
Chart 14: Claims of ban on travel: 2019-2021