E/CN.4/1991/56
page 107
In order to ensure public order in the area and in deference to the
sensitivity of the Moslem worshippers, access to the Al-Aqsa Mosque is banned
to non-Moslem worshippers, access to the Al-Aqsa Mosque is banned to
non-Moslem tourists and other visitors, often Israeli Jews, during times of
prayer.
The Israeli authorities enable the residents of the territories to
fulfill the Islamic requirement of pilgrimage to Mecca, which, according to
Islamic law, can be carried out during three periods of the year, the most
important being the 'haj 1 in the summer months, a period during which incoming
visits into the territories are at their peak. The Civil Administration
authorities prepare themselves every year for the increased pressure at the
border stations, and make every attempt to facilitate, as much as possible,
entry and departure.
In 1989, 5,700 individual permits were given to the residents of
Judea-Samaria to make a pilgrimage to Mecca during the three periods of the
year - 5,000 of them during the period of the 'haj' itself. At the same time,
1,000 such permits were also given to the residents of Gaza. No records exist
as to the number of requests that were rejected, but two points deserve
mention.
A.
The number of permits for pilgrimage to Mecca is not determined by
the Civil Administration, but by quotas set by the Saudi Arabian authorities.
Hence, the Civil Administration authorities cannot grant more permits than the
number set by the Saudi quotas.
B.
A request for an exit permit in general, or for an exit permit for
the purpose of pilgrimage to Mecca in particular, may be denied - not in order
to deprive an individual of the right to freedom of worship, but because
information indicates that there would be a danger to security and the welfare
of the public by giving that particular individual a permit. The decision of
the Civil Administration authorities to deny a resident of the territories an
exit permit is subject to judicial review by the Supreme Court. The Civil
Administration authorities must prove to the Supreme Court, sitting as the
High Court of Justice, that the denial is based on relevant considerations and
stems from reliable and up-to-date information.
The Palestinian extremists have exploited the special status of mosques
and have turned them into instruments of the intifada. In many places,
mosques and places of worship have become operational headquarters and centers
for organizing, planning and inciting violent activity. Intifada activists
seize control of mosques, prevent worship, and proceed to incite the crowd of
worshippers to go out into the streets, riot, and engage in other forms of
violent activity. The loudspeaker systems at the mosques are used to read the
content of intifada leaflets distributed among the local population. Because
of the general immunity of these premises, mosques have become hiding places
and shelters for rioters and instigators, as well as places for storing
equipment used in the intifada, such as explosives, Molotov cocktails, masks
and manuals on how to incite the local population and make explosives.
Mosques are used as sites for recruiting new members to the extremist Islamic
organization. Mosques are also used as sites for 'purging' Palestinian Arabs
who have 'repented' their departure from extremist Palestinian dictates.