The Independent Commission for Human Rights (ICHR) is deeply concerned about banning Dr. Kamal al-Abed al-Sharafi, Chairman of the Board of Trustees and Acting President of the Al-Aqsa University, from travelling to the West Bank. Ban on travel violates the right to freedom of movement and residence, which is duly safeguarded by the Palestinian Basic Law and relevant international conventions on human rights.

According to information provided to the ICHR, at around 12:30 pm on Tuesday, 16 August 2016, Dr. Sharafi went to the Beit Hanun Crossing to travel to the Ramallah city. When he was at the Police (also known as the Customs) checkpoint, Police and security personnel stopped and denied access to Sharafi to the Beit Hanun Crossing. Without stating any reasons, Dr. Sharafi was told he was banned from travelling.

The ICHR emphasises that the right to freedom of movement and travel is enshrined by the Palestinian Basic Law. Article 11 of the Law provides that “[i]t is unlawful to arrest, search, imprison, restrict the freedom, or prevent the movement of any person, except by judicial order.” Article 28 of the Basic Law also prescribes that “[n]o Palestinian may be deported from the homeland, prevented or prohibited from returning to or leaving it.” In addition, Article 13 of the Universal Declaration of Human Rights provides “(1) Everyone has the right to freedom of movement and residence within the borders of each State. (2) Everyone has the right to leave any country, including his own, and to return to his country.”

In 2015, the ICHR received 26 complaints on violations of citizens’ right to freedom of movement and travel in both the Gaza Strip and the West Bank. Of these, 20 complaints were filed against security agencies in the West Bank, including six on an unwarranted ban on travel through crossing points by the Ministry of Interior (MoI), one on a ban to access a crossing point, and five on ban on travel. In eight complaints, citizens from the Gaza Strip claimed that the West Bank-based MoI did not issue them passports. While one complainant was denied access to Gaza through the Rafah Crossing, five others claimed that the Internal Security agency and MoI banned them from travelling abroad. By contrast, 18 complaints were filed to the ICHR in 2014.

In 2016, the ICHR received 10 complaints, including eight on bans of travel by security agencies in the West Bank and two by the Internal Security agency and MoI in the Gaza Strip.

While it rejects this violation, the ICHR recalls that citizens may not be deprived of exercising the right to freedom of movement and travel. The ICHR demands that the MoI-affiliated Internal Security agency decline its decision, facilitate movement and travel for Dr. Sharafi, and refrain from violating laws or restricting citizens’ right to freedom of movement and travel.