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The registration of a 16 year old boy in the Palestinian population registry: the case of OQ
documents: 0  |  Updates: 1 OQ, a Palestinian resident of Jordan, wanted to visit the West Bank with his children to register his eldest son in the Palestinian population registry. In the framework of the interim agreement signed by Israel and the PLO, the powers of child registration were transferred to the Palestinian Authority, provided the child is under 16 and has at least one parent who's a resident of the Occupied Palestinian Territories (OPT). Despite the transfer of powers, the Israeli demand, conditioning such registration on the child's actual presence in the OPT during registration, remained in effect.

With the outbreak of the second intifada, Israel froze the processing of OPT visitor permit applications, and so, the son's registration could not be performed. The son turned 16 in August 2005. Three and a half months earlier, the father attempted to enter into the West Bank via the Allenby Bridge border crossing, together with his son and his other children, but because he did not know he was supposed to have applied in advance via the Palestinian District Coordination Office, his request for visitor permits for his children was rejected on the spot.

In December 2005, HaMoked wrote to the military legal advisor for the West Bank to request that a visitor permit be issued to the son, but the request was rejected. The legal advisor claimed that boy's father could have registered him before he had turned 11, that is, before the outbreak of the second intifada, and having failed to do so, "he has only himself to blame." On March 14, 2006, HaMoked petitioned the High Court of Justice to demand that a visitor permit be issued to the son. HaMoked argued, inter alia, that the state cannot relieve itself of all responsibly and lay it entirely on the petitioner, given that the father could not have foreseen that there would be a five year freeze to prevent him from registering his son. As he saw it, from 1995, when child registration was made permissible under certain conditions, he had 10 years ahead of him in which to register his son before he turned 16. However, the court accepted the state claims, expressly refrained from intervening on behalf of the petitioner, and dismissed the petition.

HaMoked has petitioned the High Court of Justice (HCJ) in the case of a Palestinian minor from Jordan who applied to be registered in the Population Registry in the territories despite having passed age 16: The HCJ rejected the petition, and even saw fit to express its opinion regarding the Petitioner’s quality of life in Jordan as opposed to “the distress facing others in the current political... (02) 627 1698   (02) 627 6317

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