The human's right to move and leave any country including his homeland has been guaranteed by international conventions and treaties, that become evident in the text of Article (13) of the Universal Declaration of Human Rights, which provides for:
1 - Everyone has the right to move freely and to choose his residence within his country's borders.
2 - Everyone has the right to leave any country including his homeland, and to return to his country.
Also, the International Covenant of Civil and Political Rights emphasized on this right, whereas Article (12) provides for:
1 - Everyone is lawfully within the territory of a state has the right to move freely and choose his residence.
2 - Everyone has the right to leave any country including his homeland.
3 – It is impermissible to restrict above-mentioned rights to any restrictions other than those provided by law, that are necessary to protect national security or public order or public health or morals or rights and freedoms of others, and are abreast with the other rights recognized in this covenant.
4 - No one shall be deprived arbitrarily of entering in to his country.
Palestinian National Authority is guided by that article, as the Basic Law amended in 2003, "Interim Palestinian constitution of Palestinian National Authority" emphasized on this right, Article (10) provides for:
1 – The human's rights and fundamental freedoms should be bound and respected.
2 - Palestinian National Authority is working without delay to join regional and international declarations and conventions that protect human rights.
As well as Article (20) provides for:
(Freedom of residence and movement is guaranteed within the limits of law).
In the same vein, Article (28) provides for:
(It is impermissible to expel any Palestinian from his homeland or deprive him of returning to it, or prevent him from leaving or divest of his nationality, or surrender him to any foreign entity).
Due to seriousness of attack on this right and other rights and freedoms that guaranteed by law, Article (32) of the same above-mentioned law provides for:
(Any attack on personal freedoms or freedom of life for humans and other rights and public freedoms, that were guaranteed by the Basic Law, is a crime, whereas criminal and civil lawsuit did not nonsuit by prescription, and the National Authority guarantees fair compensation for those who suffered from the damage).
(Ramallah Government) prevents sending passports to the Palestinian citizens in the Gaza Strip after the events that occurred in Gaza in June 2007, and it is known that any Palestinian can not leave the Palestinian territories to any other country only after getting a Palestinian passport. It is worth mentioning that the prevention of sending passports did not has any legal justifications, but for political reasons, in order to pressure on Gaza government, and show as it is unable to meet the needs of citizens in the Gaza Strip.
The Palestinian law did not permit preventing any citizen from traveling except upon a judicial decision, as mentioned in the text of Article (111) from the Palestinian law of civil and commercial procedure, as well as the Palestinian law did not permit preventing any Palestinian citizen from obtaining a Palestinian passport in any case.
The attack on the human's right to move and, consequently, to obtain a passport by (Government of Ramallah) offends other human rights and freedoms guaranteed by law. According to the latest official statistics issued by Ministries of Interior and Health in Gaza, (10) patient were died because they could not obtain passports for treatment outside the Gaza Strip, that is considered as a blatant attack on the human's right to live guaranteed to him as stated in the text of Article (3) of the Universal Declaration of Human Rights, as well as Article (9) of the International Covenant of Civil and Political Rights.
Also (320) students were deprived of attending their universities outside the Gaza Strip, because they can not get passports, that is considered as a blatant attack on the human's right to educate guaranteed to him as stated in the text of articles (26) of the Universal Declaration of Human Rights, (13) of International Covenant of Economic, Social and Cultural Rights, (24) of Palestinian Basic Law amended in 2003, Palestinian, and (2) of Palestinian Higher Education Law No. (11) for the year 1998.
Furthermore, many patients who need special health care and surgeries, which the health sector in Gaza can not make it, and as a result of their inability to obtain a passport for treatment outside the country, their health is become more worse, and this is a clear indication of violating the human's right in health guaranteed by Article (25) of Universal Declaration of Human Rights, and Article (12) of International Covenant of Economic, Social and Cultural Rights.
It is worth mentioning that violating the human's right of movement by not sending passports to citizens in the Gaza Strip had a clear effect in the violation of his right to practice religious rites. Whereas, many citizens, who intended to perform Hajj, were unable to perform this religious rite; because they could not have passports, although this right was affirmed in Article (18) of Universal Declaration of Human Rights, International Covenant of Civil and Political Rights, and the Palestinian Basic Law amended in 2003.
So, we call upon all international human rights institutions and organizations to pressure on Ramallah Government and take all necessary legal procedures to send passports to citizens in the Gaza Strip, so that they can exercise their rights and freedoms guaranteed to them in accordance with international standards and local laws.
