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The OECD Expert Group on Migration SOPEMI Annual Report International Migration - Israel 2016-2017 Dr. Gilad Nathan The Institute for Immigration and Social Integration Ruppin Academic Center September 2017
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Page 1: International Migration - Israel 2016-20172016-2017 the trend of departure from Israel by those eligible for group protection has continued, yet more and more depart Israel not for

The OECD Expert Group on Migration

SOPEMI

Annual Report

International Migration - Israel

2016-2017

Dr. Gilad Nathan

The Institute for Immigration and Social Integration

Ruppin Academic Center

September 2017

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1. Introduction

In Israel there are four main categories of migrants, of which only the first category

consists of permanent migrants, except of the migrants there are also daily workers

from the Palestinian authority and the kingdom of Jordan:

Migrants who are Jewish or of Jewish extraction, who immigrate to Israel under

the Law of Return. This group also includes former residents of Israel who return

after an extended stay abroad (returning residents, after at least five years'

residence abroad).

Temporary migrant workers (foreign workers) who enter Israel legally under a

work permit.

Illegal work migrants (foreigners who enter legally for purposes other than work,

and remain in the country after their period of legal residence has ended).

Mixed Migration, Infiltrators, Asylum Seekers and groups of people under

protection (including 2 main groups: African subjects and former USSR citizen).

Palestinian and Jordanian daily workers.

Data

Between January and July (01/01/17-30/06/17) 2017, 11,500 permanent

immigrants entered Israel, slightly more than in 2016 (11,000) and less in

comparison to the same period in 2015 (13,160). The number of immigrants (same

period) stood at a monthly average of 1,916.6 higher than the average of 1,833 in

2015. 67% of the immigrants were from 3 countries: The Russian Federation,

Ukraine and France.

As of June 30 2017, the total population of foreign nationals living in Israel was

216,739 (June 2016: 217,200). The trend of slight decline continued. The

population of African under group protection is in a process of decline, among the

workers without permits there is a significant decline and the number of TMW

continues to increase. It should be noted that when adding the group of Asylum

Seekers entering Israel with visa there is an increase in the number of foreign

nationals.

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As of June 30, 2017, the population of foreign nationals who entered Israel under

a work permit (TMW-temporary migrant workers) stood at 104,199 (June 2016:

96,724), of which 85,932 (June 2016: 81,438) were legal entrants who have a

regulated status and 18,267 (June 2016: 15,284) were legal entrants whose status

is currently unregulated. The stability in the number of TMW who have lost their

status changed to a significant increase and the substantial growth in the number

of TMW is a continuance tendency since 2013 in comparison to the years before.

As of June 2017 the quotas for Palestinian Daily workers were 77,300 (June

2016: 56,980), the utilization was a bit lower mainly due to the new changes in the

quotas. In the first quarter of the year 52,423 (42,481) Palestinian workers are

employed in construction, 10,232 (11,833) in agriculture and 2,129 (2,160) in

industry. In addition, 4,331 (4,292) Palestinian residents of the West Bank hold a

permit to work in East Jerusalem. The trend of growth in the quotas continues, but

after a trend of increasing the utilization of the quotas is stable.

In Israel there is a population of foreigners who entered the country legally on a

tourist visa and have remained illegally after their visa expired; at the end of 2016

this population was estimated in 74,000, another decline as in recent years.

At the end of June 2017 Israel had a population of 38,540 (June 2016: 41,477)

African subjects who infiltrated Israel in previous years. Between January and

July 2016 there were no (June 2015: 18) new entrances through the border with

Egypt. Since the record number of illegal migrant and asylum seekers in the end

of 2012, the continuity in this trend is a significant decrease in the scope of this

population and new infiltration through the borders.

Since 2015 there is a significant growth in the number of Asylum Seekers who

enter Israel not as Infiltrators but with a tourist visa. Most of them come from

former USSR states and instantly "integrate" into the labor market, while awaiting

an answer on their asylum requests. The prevailing assumption of both Executive

Authority and civil rights organization is that most of these asylum seekers are

work immigrants.

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Main policy developments and tendency changes in 2016-2017

The growth trend in the number of permanent immigrants stopped in 2016, after 3

years of growth there was a decline from the record of 2015 in the first half of 2016.

In the first half of 2017 the number of migrants was higher than in the first half of

2016 but still lower than in the years 2014-2015. Since the number of permanent

migrants in second half of the year is traditionally higher, it is too soon to conclude

about a change of trend. Immigrants from The Russian Federation and the Ukraine

proportion increased significantly while the migration from France is in decline.

During 2016, a resolution was passed for a quota of 1,300 people in the years 2016

and 2017 to enter for family unification by members of the Falash Mura with their

family members in Israel; this decision would increase the number of immigrants

from Ethiopia for the first time in recent years.

Since the end of 2013 the Israeli Government has made several resolutions

(Government Decisions) regarding the expansion of foreign worker quotas in the

fields of construction and agriculture, and regarding the renewal of the foreign worker

quota in the field of tourism. Simultaneously, there has been a trend of increasing

numbers of workers in the nursing care field. It can be determined that, since 2013

there is a trend of growth in the quotas and numbers of temporary migrant workers.

After a decade 2003-2013 the new government's policy is to increase the number of

foreign workers, and not reduce it.

Parallel to the increase in the number of TMW the state continue to reduce the

employer's levy for the employment of TMW. In 2010 it was set on 20% on all the

TMW except of employers in the home care sector. As of 2016, the employers in the

agriculture sector are not paying any more. And in all the other sectors the levy is

only 15% for the employment of legal TMW. The incentive to employ a TMW is

higher than in the years 2003-2013. On 2017 the government allowed a new quota of

High-Tec TMW and a new increase in the number of construction and hotel workers.

There is a growing pressure from the side of employers to add new quotas of foreign

workers. If traditionally most of the TMW were law skilled worker, there is a growing

pressure to allow quotas of high skilled workers that will be exempt from paying the

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wages of Specialists and skilled workers with experts working visa. There is also a

demand to let TMW work in sectors in which TMW were not allowed to work, as in

Infrastructure projects. Recently employers in construction demand that they will be

allowed to use TMW not only in housing projects but also in infrastructure projects

and demand also additional TMW for infrastructure.

Over the past few years several bilateral agreements have been signed between the

State of Israel and other countries regarding regulation of the import of foreign

workers to Israel. This trend has continued during 2016-2017 as well. In addition to

the agreements signed so far, this regulated the import of workers in the fields of

construction and agriculture. On June 2016 a new agreement was signed with the

Ukraine, not for only one branch of employment but for several different groups of

qualified workers in different branches. On January 2017 a new bilateral agreement in

the field of constriction was signed with China.

In parallel with the new bilateral agreements in the field of construction the

government selected six companies of one thousand workers each to work in the

sector of building and infrastructure. The existing model of the Turkish company,

Yilmezlar, which has been working in Israel for several years, raises serious concerns

about employment under unsuitable conditions.

The Israeli Government promoted, by means of amendments, the regulation of the

employment of migrant workers in the field of nursing care. This was mainly

implemented through the toughening of limitations imposed upon workers in this

field, as well as through regulation of the status of workers who had lost their own.

Furthermore, only one bilateral agreement for a pilot program (not more than 200

workers) has been signed in this field, in which the absolute majority of foreign

workers in Israel are employed. There is evidence for another increase in the illegal

fees being payed by TMW in home care and there is evidence for long lasting abuse

phenomenon of TMW both domestic and labor.

Throughout the years 2016-2017, trends from previous years regarding Palestinian

workers (per diem workers) in Israel have continued. The number of permits given to

Palestinian workers has continued to grow, the total number of Palestinian workers

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continued to grow, yet for the first time in recent years, in the first half of 2017, there

was no change in the rate of permits being utilized.

Since the second half of 2012, entrance by infiltrators and asylum seekers has nearly

stopped completely. In January 2016 a new amendment for the Infiltration Law

(1954) was legislated. This amendment regulated the detention of all new infiltrators

to Israel in a closed facility for the duration of one year, as well as the detention of

those eligible for group protection in an open facility for no longer than 12 months.

The new amendment replaced the one from December 2014 after the high court

changed the time frame to no longer than 12 months in August 2015. Throughout

2016-2017 the trend of departure from Israel by those eligible for group protection

has continued, yet more and more depart Israel not for a third safe state that is being

offered to them by the Immigration Authority or to go back to the origin countries but

are being resettled as Asylum Seekers by the UNHCR. It should be noted that

although the recognition of the major group of infiltrators as under non-refoulement

status, the Israeli government seeks to minimize the population of eligible to

temporary non-refoulement in Israel.

The major mean used by the government to encourage members of the non-

refoulement population to departure from Israel is the voluntary departure program. It

should be noted that there is controversy as to whether this departure, which is mainly

undertaken by those who are in detention facilities or custodial facilities or who were

summoned to such facilities, is actually a voluntary departure. There is also

controversy regarding the definition “open facility” as opposed to “detention facility”.

On August 2017 the high court ruled that an infiltrator that refuses to be willingly

deported to a third country will not be held in custody for more than 60 days.

In the past it was accepted that foreign workers would enjoy protection before the law

equal to that of Israeli workers. In recent years, there have been considerable changes

in this, reaching a peak in 2016/2017. In the wake of the 2009 decision of the High

Court of Justice that made an exception for nursing care workers with regard to the

law on hours of work and rest, the National Labor Court decided, in 2016, that in

addition to non-payment of overtime for nursing care workers, their day of rest would

not consist of 36 hours but of 25 weekly hours only. Furthermore, the deposits of

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deductions towards pensions that foreign workers in Israel are supposed to get are not

fully implemented and for most temporary migrant workers in Israel, a considerable

proportion of the nursing care and agricultural workers, deductions are not deposited

as required by law. In 2017 the deduction that employers in agriculture can deduct

from the TMW were raised the deposit that should include the legal payment for

pension and other rights was not yet confirmed.

With regard to Palestinian workers, the same trend is evident. In August 2016, the

Ministry of Finance proposed that the amount of the automatic credit for income tax

would be reduced from 2.25 to only 1.25 points. At the same time, at the beginning of

the month the Ministry of Justice published a regulation restricting the ability of a

person who is not a resident from suing his employers in the labor court by imposing

a security deposit as a guarantee when a claim is filed against an employer.

Palestinian workers in Israel although entitled to the same rights as Israeli workers

have difficulties in realization of their rights for sick days, social security work

accident insurance and pension.

With regard to the third main group of non-Israelis working in Israel, those who are

entitled to temporary non-deportation and asylum seekers, there has clearly been

deterioration in the legislation and regulations. While the 16% deposit for TMW was

not yet applied on most TMW, those who are entitled to temporary non-deportation

must deposit in the deposit 36% (20% of the employee and 16% from the employer).

Most of the population entitled to temporary non-deportation status, Eritreans and

Sudanese, would not be able to sue their employers in the court system without

making a security deposit. All of these matters are indicative of a trend of making the

legislation and regulation stiffer towards non-Israelis working in Israel. At the same

time, the number of temporary migrant workers and Palestinian workers in Israel has

grown. Since 2004, the proportion of non-Israeli salaried workers in Israel has

increased from 2.7% to 5.3% in 2016.

In recent years, the number of foreign workers and their proportion relative to all

workers in Israel has been increasing; at the same time the disparities between the

rights and wages of Israeli workers and those of the foreign workers has grown due to

the increase in the deductions from their ages and the avoidance of regularizing the

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allowances required by law for pension and labor conditions. This fact, together with

the low unemployment and the increasing shortage of local workers with certain

skills, contributes to an increase in the demand on the part of employer pressure

groups for non-Israeli workers. There has been a notable lack of efficiency on the side

of administrative and criminal enforcement bodies in protecting the rights of non-

Israeli workers that contributes to their rights not being enforced, to their exploitation

and to the phenomenon of illegal employment and even cases of employment in

conditions of slavery.

In tandem with the increase in offenses against immigrants connected with their

exploitation in jobs and in households, there has been a notable increase in cases of

human trafficking for prostitution. The absence of a police unit dedicated to dealing

with offenses against foreigners including trafficking and employment exploitation

and enslavement (the dedicated unit was closed in 2011) contributes significantly to a

lack of effective enforcement and the concomitant increase in this phenomenon. There

is much criticism about police treatment, about the lack of investigations and about

the absence of an address for foreigners' complaints about offenses against them,

among which are human trafficking offenses.

The assumption of the Ministry of Internal Security since 2011, that even without a

response unit it is possible to deal with the phenomenon of offenses against the

foreigners, has not proven itself and today, not only among civil society organizations

but also among government ministries there is an awareness that there is a need to

change the way the police deals with this matter. There are many testimonies about

women who have been arrested and deported without the appropriate questioning

which would have proven that they were victims of trafficking.

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Index

Introduction………………………………………………………………..……P. 2-9

1. Permanent Migrants …………………………………………………...….P. 10-26

2. Temporary Migrant Workers and Daily Jordanian workers…………..P. 27-62

3. Palestinian Daily Workers………………………………………...…........P. 63-76

4. Foreign Who Entered Israel with tourist permit and haven't left….…..P. 77-80

5. Asylum Seekers and Mixed Migration………………………………….P. 81-111

6. Victims of Human Trafficking…………………………………………P. 112-118

7. International Students in Israel…….…………………………………..P. 119-122

8. Emigration from Israel…………………………………………………P. 123-128

9. Statistical Appendix…………………………..…………………………P. 129-141

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1. Permanent Migrants

Immigrants to Israel (Olim and Citizen Migrants),

Returning Residents and Family Reunification

Permanent immigration to Israel is limited to two main categories, the first one is of

those who are entitled to Israeli citizenship or have citizenship but no residency:

The "Olim"(Permanent Migrants), are Jews or people of Jewish descent, under the

Law of Return (which establishes the right of every Jew to immigrate to Israel), and to

first-degree relatives of residents and citizens of the State of Israel. Thus, permanent

immigrants to Israel are mainly Jews and their descendants. Only this group is eligible

for permanent status and government assistance in the absorption process.1

Returning Residents are Israeli citizen who had no residency in Israel for a period of

2 years at least (in some cases 5 years).2

Citizen Migrant is decedent of Israeli citizen abroad and migrant to Israel.

The second main category is the Family Reunification, mainly marriage between

Israeli citizen and resident and a spouse who has no citizenship or residence in Israel.

1.1 Data on permanent immigrants3

2016

In2016 26,900 (2014: 26,627, 2015: 31,013) people immigrated to Israel (excluding

returning citizens and residents), 4,113 less than in 2015, a decrease of 13.1% over the

previous year. The rate of immigration per 1,000 residents was 3 (2015: 3.3, 2014:

3.0) (lower than the rate in the 1980s, which stood at 3.8 immigrants per 1,000

residents, and in the period 1991-2001, which stood at 17 immigrants per 1,000

residents, but higher the rate of every year since 2011, which stood on 2.1-2.2).

1 Although there are integration programs for non-immigrants, For example, specialist foreign workers

are granted recognition based on professional qualifications; also, those granted refugee status by Israel

under the United Nations Convention Relating to the Status of Refugees have a right of integration, and

foreign minors are entitled to education and health services. 2 http://www.moia.gov.il/English/ReturningResidents/Pages/Whois2.aspx

3 Source of data on permanent immigration to Israel – Central Bureau of Statistics website,

http://www.cbs.gov.il/reader/newhodaot/hodaa_template.html?hodaa=201721156 and Ministry of

Immigrant Absorption website,

http://www.moia.gov.il/Hebrew/InformationAndAdvertising/Statistics/Pages/default.aspx

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Table 1: Total Number of "Olim"4

Year Number of Olim Increase/Decrease

2008 15,875 -

2009 16,738 +5.4%

2010 16,633 -0.7%

2011 19,020 +14%

2012 18,511 -2%

2013 19,558 +5.7%

2014 26,627 +36.1%

2015 31,013 +16.5%

2016 26,900 -13.1%

The Total Number of Olim is in decline for the first time since 2012. The total

number is a bit higher than in 2014 and substantially higher than in the years before

2014, and yet the growth trend of the years 2014-2015 changed.

Table 2: Total number of "Citizen Migrants"5

Year Number of Citizen

Migrants

Increase/Decrease

2014 4,860 -

2015 6,461 +34.5%

2016 4,200 -35%

The number of Citizen Migrants is also in decline after a substantial growth in 2015.

Table 3: Main Immigration Countries 2015-2016

Country Number of

immigrants

Country Number of

immigrants

2015 France 7,469 2016 Russia 7,099

2015 Ukraine 7,170 2016 Ukraine 5,928

2015 Russia 6,716 2016 France 4,676

2015 USA 3,068 2016 USA 2,933

2015 UK 689 2016 Belarus 651

2015 India 527 2016 Brazil 630

2015 Brazil 463 2016 UK 544

2015 Canada 452 2016 Canada 357

2015 Italy 361 2016 Argentina 276

4 Every year there is a slight difference between the total number of permanent migrants in the

ministry of Immigration Absorption and the central bureau of statistic. 5 In Hebrew: http://www.cbs.gov.il/reader/newhodaot/hodaa_template.html?hodaa=201721156

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2015 Belarus 330 2016 South

Africa

263

2015 Argentina 305 2016 Belgium 218

2015 Belgium 287 2016 Italy 203

2015 Uzbekistan 242 2016 Uzbekistan 202

2015 South

Africa

231 2016 Moldova 192

2015 Moldova 189 2016 Georgia 174

The number of Immigrants was in decline in most of the 15 main source countries.

Even in the one new country entering the list this year the numbers weren’t higher

than in 2015. The list of the 4 main source countries (More than 1,000 Migrants)

include the same countries but in different places.

For the first time since 2013 there is a substantial decline in the share and number of

migrants from France. In 2013 the share of immigrants from France increased in 70%

from 1923 in 2012 to 3,263, in 2014 the number of immigrants from France more

than dabbled itself from 3,263 to 6,658 (102%). The trend continued in 2015 although

the raise was lower, only 811 (12.2%) more immigrants. France lost the first place in

the list to Russia and is now only in the third place.

The Share of immigrants from Russia didn’t change much although the rise of more

than 2000 people between 2014 (4,687) and 2015 (6,716). In 2015, with a rise of

2,043 in the total number of immigrants, Russia stayed in the third place of the list.

India is not in the main 15 countries in 2016; Georgia is back in the list.

In 2016 57% (2015: 48.9% 2014: 44.5%) percent of immigrants came from the

former Soviet Union 14,730 immigrants. The trend changed almost from year to year

in the recent years since 2013 is back to growth in the share and a decline in the total

numbers. Ukraine and Russia led in this group, with 88.5% (2015: 92%) of all

immigrants from the former Soviet Union. 17.4% came from France (share and total

number in decline) and 11%% of immigrants arrived from the United States, (share

growth total number decline).

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In 2016 78.4% (21,102) of the immigrants came from Europe. This is a slight

decrease in the share of immigrant from Europe (2014 77.1% 2015: 79.9%). 55.2%

(2014: 44.5%, 2015: 49.7%) from Eastern Europe and 23.2% (30.2%) from Western

and Northern Europe. There is a growth in the share of migrants from Eastern Europe

parallel to another decline in the share of migrants from Western Europe. 24% (2015:

31%) (6,482) came from the EU a sharp decline. In the immigration from Africa and

from the Americas there is a trend of constant decline. 17.6% (4,742) came from The

Americas (2014: 18.1%, 2015: 15.9%). 1.4% (2014: 1.8% 2015: 1.1%) came from

Africa (all came from Central East and South Africa). 0.4% (106) came from Asia

(2014: 2.2%, 2015: 1.8%). 0.6% (165) came from Oceania (2014: 0.7%, 2015: 0.5%).

0.1% are defined others.

Table 4: Permanent Immigration per Gender 2010-2016

man women

48% 52% 2010

48% 52% 2011

47% 53% 2012

47% 53% 2013

47.6% 52.4% 2014

47.8% 52.2% 2015

47.7% 52.3% 2016

The percentage of women among the immigrants in 2016 was 52.3%, slightly more

than it was in 2015 (52.2%). There is no significant change in the trend. The share of

women stays higher than the share of man, between 4 and 6 percent every year in

recent years.

Table 5: Permanent Immigration age groups (Percentage) 2010-2016

0-14 15-64 65+

2010 22.5% 68.1% 9.4%

2011 22.3% 66.9% 10.8%

2012 21.7% 67% 11.3%

2013 20.7% 67% 12.3%

2014 18.6% 66.9% 14.5%

2015 20.6% 66.2% 13.2%

2016 17.6% 68.6% 13.8%

The median age of immigrants in 2016 didn’t changed significantly, yet it can be

noted that since 2010 the share of minors aged 0-14 decline in almost 5%. The share

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of migrants between 15 and 64 was higher on 2016 than in recent years but only in

0.5% in comparison to 2010 and the share of elderly 65 and above increased in 4.4%.

Among Permanent Migrants aged 15 or more 67% had an academic profession, as it

was I recent years (2014-2015).

2017 (January-July)6

Between January and July (01/01/17-30/06/17) 11,500 immigrants entered Israel, 500

more than in the same period in 2016 11,000. The number of immigrants stood at a

monthly average of 1,916.6, compared to a monthly average of 1,833.3 in 2016 (each

year between January and the end of June).

The crisis in the Ukraine, the economic situation and the fear from anti-Semitism, and

terror in France, the political situation in Turkey contributed to this trend and to the

continues trend of growth in the number and share of Olim from the Russian

Federation.

Table 6: trends in first year half immigration 2014-2017

Year Number of permanent

Migrants

Per month

2014 10,299 1,716.5

2015 13,160 2,193.3

2016 11,000 1,833.3

2017 11,500 1,916.6

The number of new permanent migrants in the first half of the year is still lower than

it was on 2015. There is an increase in the immigration from former USSR states that

is high in percentage in comparison to the immigration from western states during the

first half of the year; therefore, it is impossible to assume if the slight growth trend

will continue through the second half of the year.

Table 7: total number of Olim per month 01-06.2017

Month 1 2 3 4 5 6

1,771 1,910 2,116 1,481 2,035 2,187

6 In Hebrew:

http://www.moia.gov.il/Hebrew/InformationAndAdvertising/Statistics/Pages/ImmigrationToIsraelCurr

entYear.aspx

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Table 8: 15 Main Immigration Countries 2017 (01/01-30/06)

Country Number of

immigrants

Country Number of

immigrants

Country Number of

immigrants

Russia 3,546 Brazil 346 South

Africa

152

Ukraine 2,956 Turkey 189 Australia 108

France 1,211 Ethiopia 178 Canada 100

USA 788 UK 173 Moldova 93

Belarus 426 Argentina 152 Uzbekistan 83

The main trend in the first half of 2017 is the continuance growth in immigration from

the former USSR. 67% of the immigrants in 2017 came from three countries Russia in

the first place; The Ukraine in the second and France in the third were the main source

countries. For the first time in years Turkey is in the list of main source countries,

while western European countries as Italy and Germany are not in the list.

Table 9: Main Immigration Countries (main 15) 2017 (01/01-30/06) in division

for every two months7

Total 05-06 03-04 01-02 country

3,546 1,202 1,182 1,162 Russia

2,956 1,327 842 787 Ukraine

1,211 403 378 430 France

788 288 265 225 USA

426 182 121 123 Belarus

346 70 128 148 Brazil

189 70 46 55 Turkey

178 174 - 4 Ethiopia

173 56 70 47 UK

152 31 65 56 Argentina

152 26 32 94 South Africa

108 28 25 55 Australia

100 37 33 30 Canada

93 23 30 40 Moldova

83 13 26 44 Uzbekistan

The main countries from which immigrants arrived were: Russia – 30.9%; Ukraine –

25.7%; France – 10.5%; United States – 6.8%%. Other trends that continued in 2017

are the rise in the number of immigrants from Russia and Ukraine, and the decline in

the number and percentage of immigrants from North America and West Europe. The

slight growth in recent years in the total weight of immigrants from former USSR

7 In Hebrew:

http://www.moia.gov.il/Hebrew/InformationAndAdvertising/Statistics/Pages/ImmigrationToIsraelCurr

entYear.aspx

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Countries become a much significant increase in 2017, as 63.9% (in 2015: 46.4%,

2016: 60.1%) of the new permanent migrants came from former USSR countries. It

should be noted that the share of the migrants from the former USSR countries is

bigger traditionally in the first half of the year.

The percentage of women among the immigrants in January-June was 51.2% (5,889),

similar to the trend of the recent years (in2016: 50.9% 2015: 51.7% 2014: 52% and

2013: 52.5%. The median age of immigrants in the first half of 2016 changed slightly,

15.5% were between the ages 0-14 a slight decrease (2016: 15% 2015: 22.1%

2014:20.3% 2013:20.7%). 69.7% were between the ages of 15-64 (the same as in

2016: 69.7 and a slight increase from recent years, 2013: 67% and as in 2014: 64.3%,

2015: 65.5%), and 14.8%% (a slight increase from 2016: 14.3% 2015: 12.4% 2014:

15.4% and as in 2013: 12.3%) were 65 years old and up (mainly from Europe).

Returning residents

A returning resident is a person holding Israeli citizenship who has resided outside

Israel for five years (it should be noted that eligibility for certain rights is conditional

on six years' residence outside Israel, but the principal rights granted by the Ministry

of Immigrant Absorption and the National Insurance Institute are given to those

returning after five years)8. Returning residents receive certain rights that are intended

to ease the process of reabsorption in Israel. During 2002-2011, 61,709 returning

residents arrived in Israel (6,856 a year in average). Since 2011 the average is higher

between 2011 and 2015 the average was: 7,979. 2011 was a record year followed with

a sharp decline in 2012-2015 and a growth in 2016, for the first time since 2012 to

8,816.

In 2016 returned to Israel 8,816, Must of them, as in recent years, in the second half

of the year. 2017 begun with the same trend, only 1,851 (2015: 2,985, 2016: 2,117)

returning residents in the first 6 months of the year, a decline in comparison to the

2015-2016 first 5 months of the year.9 The total number of returning residents and the

yearly average in the last 5 years is still higher than in the last decade but there is a

constant decline in the numbers.

8 In Hebrew: http://www.moia.gov.il/Hebrew/ReturningResidents/PagesWhois2.aspx/.

9 Ella Saban, Dina Levy, Efrat Shebo Director of the Department for Returning Israelis at the Ministry

of Immigrant Absorption, email, August 04 2015, July 17 2016, July 16 2017.

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Table 10: Returning Residents data 2011-2017

Year 2011 2012 2013 2014 2015 2016 01-

07.201710

Number of

Returning

Residents

9,106 8,489 7,185 7,269 7,009 8,816 1,851

Table 11: 12 Main Returning Residents Countries 2012 January-June 2017

Country 2012 2013 2014 2015 2016 01-

07.2017

Total

1 USA 3,744 3,041 2837 2,650 2,728 630 15,630

2 Canada 589 487 458 384 335 108 2,361

3 UK 468 372 394 378 357 97 2,066

4 France 330 238 456 427 334 102 1,877

5 Jordan 303 369 354 263 146 37 1,472

6 Russian

Federation

242 169 164 259 245 85 1,164

7 Italy 193 234 228 205 220 51 1,131

8 Germany 195 169 211 207 236 65 1,083

9 Ukraine 199 141 222 177 211 37 987

10 Australia 174 223 205 190 140 47 979

11 Romania 176 153 173 186 203 17 908

12 Moldova 58 82 140 173 250 68 771

There were no significant changes in the trends of return. The USA is as it was the

main source country for returning resident, yet the total number of returning residents

is still lower than it was in 2012/2013. The slow but constant trend of growth in the

number of returning resident from Moldova, Ukraine the Russian Federation and

Romania continues.

Family Reunification (not including Falash Mura)

Family reunification is very restricted in Israel. There are three main categories of

Family reunification:

Spouses of Israeli citizen and residents who are not residents of the Palestinian

authority.

10

It should be noted that in the first half of the year there was in recent years a smaller number of

returning residents than in the second half of the year (see for example last year report), we can assume

that the low number of returning residents in the first half of 2016, doesn’t necessarily mean a decline

in the second half of the year or in the total number.

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Spouses of Israeli citizen and residents who are residents of the Palestinian

authority (including a sub population of east Jerusalem resident).

Family members (spouses and children) of permanent migrants.

Spouses of Israeli citizen and residents can have no status in Israel even when being

parents of an Israeli citizen or resident, so are families in which not all the siblings

have the same status.

Since 2003 under the law of The Citizenship and Entry into Israel Law (temporary

provision)11

there are strict limitation on the possibility family reunification of Israeli

citizen and resident with resident of the Palestinian authority in the West Bank and a

prohibition of family reunification with resident of Gaza or a citizen of the following

countries: Iran, Lebanon, Syria and Iraq.12

Under the restriction family reunification with a resident of the west bank is allowed

only with women over the age of 25 and men over 35. Even than the person will get a

staying permit and not a residency or citizenship. There is a humanitarian committee

for cases of people who do not meet the criteria. There are more restrictions and in

recent years more enforcement against people who brought their spouses without

permit.

Table 12: Number of applications and approval of application for family

reunifications 2014-01-03.2017 (not including Palestinian residents of the west

bank and East Jerusalem)13

Application

submitted

Application

approved

2014 4,009 3,317

2015 4,499 3,650

2016 4,665 3,113

01-03.2017 1387 449

Total 14,529 10,529

11

In Hebrew: https://www.nevo.co.il/law_html/Law01/999_180.htm In English (not the last version of

the law): https://www.knesset.gov.il/laws/special/eng/citizenship_law.htm 12

Israeli can have family reunification with Syrian citizen who are Druze. 13

General remark to tables 11-14, there is no connection between the number of new application and

the number of approvals in every year. An application approved in a year (f.e. 2015) could be

submitted between the years 2007-2015.

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There is a constant growth in the number of applications while there is no growth in

the number of approvals. The trend of 2017 is a substantial growth in the number of

requests and a substantial decline in the number of approvals.

Table 13: Number of applications and approval of application for family

reunifications 2014-01-03.2017 between Israeli citizen and Palestinian residents

of the west bank (not including East Jerusalem)

Application

submitted

Application

approved

2014 255 161

2015 285 162

2016 330 109

01-03.2017 94 1

Total 964 433

There is a constant growth in the number of applications while there is a decline in the

number of approvals. The trend of 2017 is a substantial growth in the number of

requests and a substantial decline in the number of approvals. It should be noted that

family reunification with residents of the Palestinian Authority is a humanitarian

procedure.

Table 14: Number of applications and approval of application for family

reunifications 2014-01-03.2017 between resident of East Jerusalem foreign and

Palestinian residents of the west bank

Foreign

Application

submitted

Foreign

Application

approved

Palestinian

Application

submitted

Palestinian

Application

approved

2014 182 98 515 303

2015 204 119 537 203

2016 166 51 468 99

01-03.2017 63 7 157 1

Total 615 275 1,677 636

There are no significant changes in the number of application for family reunification

in both categories. There is a decline in approvals. In the first quarter of 2017 there is

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a growth in the number of family reunification application with residence of the West

Bank.

Table 15: Total number of applications, rejection, detention and approval of

application for family reunifications 2014-01-03.2017

Application Approval Rejection Detention

2014 4,961 1,860 348 4

2015 5,514 3,196 506 24

2016 5,619 13,444 595 91

01-03.2017 1,701 5,653 207 55

It should be noted that as of 31/03/2017 there are 7,086 cases under examination.

There is a trend of growth in the total number of all the categories.

1.2 Changes in immigration policy, Ministry of Absorption budget

and government decisions

In 2016-2017 there were no significant changes in the immigration policy of the State

of Israel. Although there were no significant changes, as a response to the decline in

the number of Olim, the government adopted more decision concerning the

encouragement of Jews to immigrant to Israel and about investing efforts in

encouraging the return of Israelis who emigrated from Israel. As part of this effort like

in the previous year, the government publishes the benefits that are given to

"returning residents"14

. The government continued her policy to help Olim to integrate

in the labour market.

The governmental minister's committee for absorption of immigration had no

decisions during this period, while the ministerial committee for the integration of the

Ethiopian Jews had 4 decisions that became Gov. Decision.15

The parliament

committee had more than 200 hearings.16

The trends of recent years continued in 2016 with a decision (gov. Decision 1702) to

extend gov. Decision 2446 of the former government (February 15 2015) in this

14

In Hebrew: http://www.moia.gov.il/Hebrew/ReturningResidents/Pages/default.aspx. 15

In Hebrew:

http://www.pmo.gov.il/Secretary/ministersCommissions/Pages/CommitteesSearch.aspx?PN=1 16

http://knesset.gov.il/committees/eng/committee_eng.asp?c_id=27

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decision for a special plan for the encouragement of immigration and better

absorption of Olim from France Belgium and the Ukraine the government added a

new 130 million NIS budget for a variety of plans to be administrated by the

ministries of immigration absorption education, social services, labour market and

economy and health. Some of them were planned to be executed abroad.17

In 2016-2017 the major change in the immigration policy was towards to Olim from

Ethiopia and their decedents. Gov. Decision 1065 to accept the different ministries

programs about the increasing the number of government employee from Ethiopian

origin so the share of those workers won't be lower than the share of the Ethiopian

origin Israelis in the general population.18

In August 2016, the government adopted the recommendations of the inter-ministerial

taskforce on eradicating racism against people of Ethiopian descent. Among the main

recommendations were: 19

Establishing a government unit to coordinate the struggle against racism

Appointing an official in charge of discrimination and racism in each

government ministry

Free legal representation in lawsuits concerning discrimination in entrance

into public places

A mechanism for rapid integration of people of Ethiopian descent into the

public service

Several recommendations to the Police about improving their treatment of

cases involving people of Ethiopian descent

The government adopted Decisions (Gov. Decision 825, December 10 2015, and 958

January 10 2016)20

to increase the funding of "Taglit program" (a program in which

Jung Jewish people visit in Israel for a trip and learn about the country).

Government Decision 1702 of July 21, 2016 decided to extend the program for

optimal absorption of immigrants from France, Belgium and Ukraine, that was

17

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2015/Pages/des2446.aspx

http://www.pmo.gov.il/Secretary/GovDecisions/2016/Pages/dec1702.aspx 18

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2016/Pages/dec1065.aspx 19

In Hebrew: http://www.pmo.gov.il/MediaCenter/Events/Pages/eventShiluv010816.aspx 20

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2016/Pages/dec958.aspx

http://www.pmo.gov.il/Secretary/GovDecisions/2015/Pages/dec825.aspx

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originally passed in February 2015, so that it would also apply to immigrants arriving

in Israel from those countries throughout the whole of 2016.

Government Decision 1911, August 11 2016: to allow 1,300 (out of the 7,200 who

were declared entitled in Gov. Decision 716) to migrant to Israel under some

conditions through family reunion process. The rest of the population will migration

possibility will be discussed in the 2019 state budget discussions.21

In August 2016 another 2 Gov. Decisions were adopted concerning the integration of

Jews with Ethiopian origin. Decision 1958 adopted the recommendation for the

abolishing of racism against people with Ethiopian background in the Israeli Society.

In the decision the targets of every ministry were concluded and also the monitoring

measures for the valuation of the program and the implementation of the defined

goals.22

On January an additional decision was received (Gov. Decision 2254) to take

measures to ensure that the police will deal with racism against Jews from Ethiopian

origin inside the police.23

The second decision (1957) was a special program of the

culture and sport ministry, with a total budget Of 19 million NIS for 4 years.

Government Decision 2253, 05 January 2017: The Construction and Housing

ministry plan for loans and urban renewing focused on Jews with Ethiopian origin.24

Amendment Nu. 9 to the Israeli Passports Law

On June 26 2017 the Knesset approved an amendment to the Passport law. Permanent

Migrants to Israel were not entitled to an Israeli passport but got only Travel

document for the first year after their emigration. The new amendment allows the

"Ole" to ask for an Israeli passport immediately after getting the citizenship due to his

right under the law of Return.25

21

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2016/Pages/dec1911.aspx 22

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2016/Documents/A1707.pdf

http://www.pmo.gov.il/Secretary/GovDecisions/2016/Pages/dec1958.aspx 23

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2017/Pages/dec2254.aspx 24

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2017/Pages/dec2253.aspx 25

In Hebrew:

http://main.knesset.gov.il/Activity/Legislation/Laws/Pages/LawBill.aspx?t=lawsuggestionssearch&law

itemid=2013512

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Ministry of Aliyah and Immigration Absorption Budget

Between 2009 and 2017 the budget of the ministry of Aliyah and Immigration

Absorption increased steadily from 1.3 billion NIS in 2009 to 1.869 billion NIS in the

budget proposal for 2017 (and 1.915 billion in 2018).26

In the new budget (2017-

2018) the main programs are:27

Encouragement of migration of Jews to Israel.

Programs to help migrants to enter the labour market and create new

enterprises.

Education programs and treatment of migrant students.

Direct payments and benefits to permanent Migrants.

Direct Payment for housing.

Absorption of Jews from Ethiopia.

Social Integration benefits and programs.

Table 16: Ministry of Aliyah and Migration Absorption Budget 2009-2018 (In

billions NIS)28

Budget Proposal Actual Budget29

2009 1.31 1.271

2010 1.31 1.193

2011 1.30 1.227

2012 1.30 1.297

2013 1.49 1.397

26

In Hebrew:

http://www.mof.gov.il/BudgetSite/statebudget/BUDGET2017_2018/MINISTERIESBUDGET/socialB

udget/DocLib/KlitatAliya_Takanot_2017.PDF

http://mof.gov.il/BudgetSite/statebudget/BUDGET2015_2016/MINISTERIESBUDGET/socialBudget/

Pages/ImmigrationAbsorption.aspx 27

In Hebrew:

http://www.mof.gov.il/BudgetSite/statebudget/BUDGET2017_2018/MINISTERIESBUDGET/socialB

udget/DocLib/KlitatAliya_Prop.pdf 28

In Hebrew:

http://www.mof.gov.il/BudgetSite/statebudget/BUDGET2017_2018/MINISTERIESBUDGET/socialB

udget/DocLib/KlitatAliya_Takanot_2017.PDF

http://mof.gov.il/BudgetSite/statebudget/BUDGET2015_2016/MINISTERIESBUDGET/socialBudget/

DocLib/KlitatAliya_Prop.pdf 29

In Hebrew: http://mof.gov.il/AG/BudgetExecution/Pages/PublicaticountantGeneral.aspx

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2014 1.49 1.415

2015 1.888 1.617

2016 1.783 -

2017 1.869 -

2018 1.915 -

Table 17: The Share of the main Budgets in the Ministry of Aliyah Budget

proposal in the years 2011-2018

2011-2012 2013-2014 2015-2016 2017-2018

Direct payments

benefits and

housing payments

55% 60% 58% 58%

Programs to help

migrants enter the

labour market

13% 12% 10% 11%

Education and

programs for

students

3% 5% 5% 5%

Absorption of

Jews from

Ethiopia

3% 7% 6% 6%

Encouragement of

migration of Jews

to Israel

2% 1% 2% 2%

The budget of the ministry is growing constantly but there are no significant changes

in the division of main budgets in the ministry general budget.

1.5 Integration of immigrants in society and in the economy

In 2016-2017 the government continued its efforts to integrate immigrants to the

economy. The government effort were focused in two main targets the integration of

new immigrants from European states like France Belgium Russia and the Ukraine

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and tin improving the integration of migrants and decedents of migrants from

Ethiopia.

The government invests great effort in integrating these immigrants into the labor

force. During 2016 and 2017, the Ministry of Immigrant Absorption continued to

partner in funding the salaries of these immigrants for employers. The eligibility for

this program was granted to employers of immigrants in selected professions for up to

ten years from the date of their Aliyah (and for returning residents for up to two years

from the date of their return).30

In March 2016, regulations were passed that exempted dentists who had immigrated

to Israel from taking examinations. According to the new regulations, dentists with 5

years of professional experience would be permitted to practice dentistry in Israel.

Furthermore, those who have already failed the examination would be able to repeat

the practical examination only. 31

Another program is the integration of doctors into positions in hospitals. Doctors with

experience abroad in specialties in demand can be employed in hospitals under close

supervision of an experienced doctor and, if found to be suitable, they would obtain a

license to practice medicine in Israel without taking an examination.

The integration of the Ethiopian Jews and its failure is being one of the main topics in

the public discussion in Israel in 2015 since this subject is being discussed in a special

ministerial committee (the ministerial committee for the integration of the Ethiopian

Jews in Israel) On February 04 2016 the government decided (Gov. Decision 1107)

on a new policy to promote the integration of Ethiopian Jews and they're decedents

into the public service, the ministry of defense and the army and the ministry of

economics.32

30

In Hebrew: http://www.moia.gov.il/Hebrew/Subjects/Employment/Pages/ParticipationInSalary.aspx 31

In Hebrew: http://main.knesset.gov.il/News/PressReleases/Pages/press290316-n.aspx 32

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2016/Pages/dec1107.aspx

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Immigration of former Jews (Falash Mura) from Ethiopia

During the first months of 2016 there was a crisis among the governing coalition after

it have become clear that the decision was not budgeted in the state budget for the

years 2015-2016. The government suggested bringing only 500 in 2016 and then

reconsidering the whole subject.33

In the end there was an agreement to bring 1,300

Falash Mura in 2016 and that in the next budget talks the subject of the rest of the

7,700 will be discussed.

It should be noted that all the Falash Mura people who are allowed to immigrate to

Israel in recent years and by the new procedures are entering Israel not as Olim but by

a humanitarian procedure and are not entitled to immediate Israeli citizenship or any

other benefits that "Olim" are getting. They enter a process of converting to Judaism

and only after they finish it they get Israeli citizenship and all the benefits connected

with it such as social security and national health insurance.

In Gov. Decision 1911 a budget was defined to ensure that the people migrating to

Israel due to the new Decision (in a family reunion procedure) will be entitled to most

of the benefits "Olim" are getting. The program budget is 241,270,000 NIS for the

years 2016-2019.34

33

In Hebrew: session of the Israeli parliament Internal Affairs and Environment Committee

07/03/2016. 34

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2016/Pages/dec1911.aspx

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2. Temporary Migrant Workers (Foreign Workers)

The State of Israel permits the entry of Temporary Migrant Workers (TMW-in

Israel the term used to describe this population is: foreign workers) to Israel, nearly all

of them low-skilled workers employed in caregiving, agriculture and construction.

There are, in addition, foreign skilled specialist workers and daily Jordanian

workers (tourism and construction in the region of Eilat).

There is no cap on the number of foreign workers in the caregiving sector, nor is there

a cap on the number of foreign workers designated as specialists (skilled workers who

earn at least double the national average wage). In the agriculture, construction and

tourism sectors there is a fixed quota which is set by the government.

A foreign worker who enters Israel under a work permit may remain in the country

for up to 63 months (in the caregiving sector there are criteria that allow a longer stay,

in recent years the period in construction and agriculture had been longer in some

particular cases, there are no limitations on daily workers),35

TMW with experts visa

can renew the visa without time limitation). The permit is not given for 63 months,

but for a year at a time, and depends on regulated employment by an employer who

holds an employment permit. This method of granting permits can result in the loss of

a worker's legal status, if he fails to arrange his status when transferring between

employers. For this reason, the status of a considerable number of foreign workers

who entered Israel legally is unregulated. Every year hundreds of foreign workers

mainly in the agriculture sector are being deported after losing their status.

Between 2003 and 2013 the official policy of the governments was to reduce the

number of TMW and to raise the number of Israeli workers in the branches that had

the major quotas of TMW, although the measures that were taken were not always to

reduce the number of TMW or to raise the number of local workers. Since the end of

2013, the policy trend has changed. For the first time after a decade the government

decided to raise the number of TMW in some branches and to add a new quota in a

branch (Tourism). There is a growing pressure on the government from employers

35

In June 2017, another extension of the period of legal stay for construction workers have been

declared, workers can stay in Israel till the end of 2016, as long as they are currently in Israel less than

11 years.

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organizations is different branches of the economy to enlarge and open new quotas.

This trend continued in 2016/2017. Since 2013 the total number of temporary migrant

workers in Israel increased in more than 11,000 and there is also an increase in the

number of temporary migrant workers entering Israel every year and the number of

daily Jordanian workers.

There is a growing demand of employer's organization, in fields of employment in

which there is a quota to raise the quotas, but also in other fields of employment in

which there is no quota. Two examples from 2016/2017:

After the establishment of a new quota for the tourism branch in Eilat there is a

demand for TMW in the branch of tourism in other places in Israel. There is also a

demand in the Hitech Industry and in traditional branches of industry to create a quota

or at least to allow the employment of expert workers under easier conditions to

employers and lower payments to the workers. In the branch of institutional care for

elderly there is also a demand to give nursing quota to the institutes.

On September 2016, a new research about vocational training in Israel was published.

The research shows that between 2002 and 2014, the budgets of vocational training

programs were reduced in 83% and the number of unemployed people participating in

the programs in 2014 was only 16.5% from the number of participants in 2002.36

There is a clear correlation between the situation of vocational training and the

inability of the local labor market to answer the needs of employers. This inability is a

one of the main causes for the growing demand for TMW.

36

In Hebrew: http://www.acri.org.il/he/wp-content/uploads/2016/09/Vocational-training2016.pdf

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2.1 Data37

General data on Temporary Migrant workers 2016-2017

In 2016 52,600 new Temporary Migrant Workers entered Israel. A significant

increase as it was in 2015 (42,600), since 2013 there is a trend of growth in the

number of TMW who enter Israel with a working permit. There is a similar growth in

the departures of Temporary Migrant Workers.

Table 18: Entrance of Temporary Migrant Workers to Israel 2009-201638

Number of

entrance

Change in

Number

Change in

Percentage

2009 26,600 -3,700 -12.2%

2010 32,300 +5,700 +21.4%

2011 32,700 +400 +1.2%

2012 29,600 -3,100 -9.7%

2013 35,600 +6,000 +20.2%

2014 38,200 +2,600 +8.3%

2015 42,600 +4,400 +11.5%

2016 52,600 +10,000 +23.5%

The growth trend in the number of TMW entries since 2012 continues. The increaser

between 2015 and 2016 was sharper than in recent years.

Table 19: Departure of Temporary Migrant workers 2009-201639

37

Source of data on legal foreign workers – Central Bureau of Statistics website,

http://www1.cbs.gov.il/reader/newhodaot/hodaa_template.html?hodaa=201320205

http://www.cbs.gov.il/reader/newhodaot/hodaa_template.html?hodaa=201620232 ,

http://www1.cbs.gov.il/reader/newhodaot/hodaa_template.html?hodaa=201420200 and Population and

Immigration Authority website, In Hebrew

http://www.piba.gov.il/PublicationAndTender/ForeignWorkersStat/Documents/561353new.pdf

http://www.piba.gov.il/PublicationAndTender/GeneralTender/Documents/

pdf.דוח%20חופש%20המידע%20%202013

http://www.piba.gov.il/PublicationAndTender/summery/Documents/summary2012.pdfhttps://newgov.

gov.il/BlobFolder/generalpage/foreign_workers_stats/he/summary_2015_new.pdf

38

In Hebrew: http://www.cbs.gov.il/reader/newhodaot/hodaa_template.html?hodaa=201520198

http://www.cbs.gov.il/reader/newhodaot/hodaa_template.html?hodaa=201720217 39

http://www.cbs.gov.il/reader/shnaton/templ_shnaton.html?num_tab=st04_12&CYear=2011

http://www.cbs.gov.il/reader/newhodaot/hodaa_template.html?hodaa=201620232 (2011-2017)

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Number of

Departures

Change in Number Change in

Percentage

2009 22,800 -100 -0.45%

2010 29,500 +6,800 +29.9%

2011 32,400 +2,900 +9.8%

2012 31,600 -800 -2.5%

2013 32,000 +400 +1.25%

2014 34,300 +2,300 +7.25%

2015 38,600 +4,300 +12.5%

2016 46,100 +7,500 +19.5%

The growth trend in the number departure since 2012 continues.

Table 20: Entrance and Departure of Temporary Migrant Workers 2009-2016

Number of Entrance Number of Departure Balance

2009 26,600 22,800 +3,800

2010 32,300 29,500 +2,800

2011 32,700 32,400 +300

2012 29,600 31,600 -2,000

2013 35,600 32,000 +3,600

2014 38,200 34,300 +3,900

2015 42,600 38,600 +4,000

2016 52,600 46,100 +6,500

Since 2009, every year except of 2012, more TMW entered Israel than those who left

it. The total number is 21,000 more entries than departures in the years 2009-2016.

The total number of TMW who entered legally since 2002 and haven’t left Israel is

94.8.

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At the end of 2016, the population of foreign workers who entered Israel legally stood

at 100,145 (2015: 93,107, 2014: 89,882) a record for the recent years and the highest

number since 2003. Of these, 84,485 were regulated workers (2015: 77,192; 2014:

74,567) and 15,660 were unregulated workers (2015: 15,915; 2014: 15,315). Since

2012/2013 the number of TMW is growing steadily. At the end of June 2017 the total

number of TMW who entered Israel legally increased again to 104,199. Of these

85,932 were regulated workers and 18,267 were unregulated.40

Between 2013 and

2017, while the number of TMW without a valid visa was solid, the numbers of TMW

with a valid visa grow slightly more than 10,000 (14.1%).

Table 21: Temporary Migrant Workers in recent Years 2011-2017

Legal Status Without Legal

Status

Total

2011 74,778 14,118 88,896

2012 70,584 14,549 85,133

2013 71,352 15,366 86,718

2014 74,567 15,315 89,882

06.2015 76,367 15,526 91,893

12.2015 77,192 15,915 93,107

06.2016 81,438 15,284 96,724

12.2016 84,485 15,660 100,145

06.2017 85,932 18,267 104,199

505 foreign workers who entered Israel legally were deported in 2016 against their

will, most of the (273) in the first half of the year (2015: 580 2014: 535 2013: 1,038;

2012: 3040; 2011: 1,131), while 46,100 (2015: 38,600) foreign workers left Israel

voluntarily upon or before the expiration of the valid period of their permit.

40

In Hebrew:

https://www.gov.il/BlobFolder/reports/foreign_workers_report_q2_2017/he/foreign_workers_stats_q2

_2017.pdf

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Table 22: Main nationalities of temporary migrant workers entering Israel in

2015-2016:41

Country 2015 2015

%

2016 2016

%

Country 2015 2015

%

2016 2016

%

Former

USSR

9,300 21.6% 12,30

0

23.4% China 2,600 6.1% 2,800 5.3%

Thailand 6,800 16% 8,600 16.3% Nepal 1,100 2.6% 1,100 2.1%

Philippines 6,700 15.7% 7,100 13.5% Bulgaria 400 0.9% 500 0.9%

India 5,500 12.9% 5,600 10.6% Rumania 1,000 2.3% 1,100 2.1%

Sri Lanka 2,300 5.4% 2,600 4.9% Germany

, UK,

600 1.4% 700 1.3%

Turkey 1,500 3.5% 1,500 2.8% USA 400 0.9% 800 1.4%

In addition to the raise in the number entering Israel in 2016, there were no major

changes in trends that developed between 2013 and 2015.

Table 23: gender share 2012-2016

2012 2013 2014 2015 2016

Man 45% 49% 50% 50% 57%

Women 55% 49% 50% 50% 43%

The share of women (43%) is in a trend of decline. After a decline between 2012 and

2013, and 3 years of stability 2013 till 2015, in 2016 the share of women decreased

sharply. There are no changes in the gender distribution between the main branches.

In Construction and Agriculture almost all the workers are man while in home care

the majority of workers are women.

Table 24: Main Continents of foreign workers entering 2009-2016 (%)

Asia Europe Asia Europe

2009 72% 26% 2013 71% 29%

2010 74% 25% 2014 70% 27%

2011 75% 25% 2015 67% 30%

2012 69% 31% 2016 65% 32%

41

http://www.cbs.gov.il/reader/shnaton/templ_shnaton.html?num_tab=st04_11&CYear=2016

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In 2016 the number of foreign workers from Europe had grown again, this time also

the share of European workers. Among Asian workers there was a continuance trend

of decline in the share of the workers since 2013.

Table 25: Main nationalities of temporary migrant workers departure in 2015-

2016:42

Country 2015 2015

%

2016 2016 Country 2015 2015

%

2016 2016

Former

USSR

7,400 19.1% 9,200 19.9% China 2,600 6.8% 2,700 5.8%

Thailand 7,100 18.4% 7,400 16% Nepal 1,600 4.1% 1,500 3.2%

Philippines 5,700 14.8% 5,800 12.6% Bulgaria 600 1.5% 400 0.8%

India 3,900 10.1% 5,100 11.1% Rumania 800 2.1% 1,000 2.1%

Sri Lanka 2,000 5.2% 2,400 5.2% Germany

, UK,

USA

1,200 3.1% 1,800 3.9%

Turkey 1,400 3.6% 1,500 3.2% Other 3000 7.9% 2,800 6%

Data on foreign workers by main sectors in 2016-2017

As noted in recent years there is an increase in the number of foreign workers. The

bilateral agreements that the state of Israel signed with Romania, Bulgaria,

Moldova,43

China and Thailand44

contributed to this raise, mainly workers from

Thailand in the agriculture sector. The total number of foreign workers should rise

again during the second half of 2017, due to a growth in the quotas utilization of

foreign workers in agriculture and construction and a new quota of foreign workers

from Jordan that will work in the hotel industry in Eilat. In addition there is a constant

growth in the number of home care workers. In the second half of 2016 a new

bilateral agreement was signed with the Ukraine and in 2017 with China.

At the end of June 2017 the total number of foreign workers in Israel was 104,199

(June 2016: 96,724), 85,932 (81,438) regulated workers, again an increase in the

number of regulated workers. 18,267 (15,284) were unregulated workers, a change in

trend to increase. 505 foreign workers who entered Israel legally were deported in

42

http://www.cbs.gov.il/reader/shnaton/templ_shnaton.html?num_tab=st04_12&CYear=2017 43

A bilateral agreement example, the agreement between Israel and Moldova:

http://mfa.gov.il/Style%20Library/AmanotPdf/4-28600-10015.pdf 44

With Thailand: http://mfa.gov.il/Style%20Library/AmanotPdf/4-28146-9564.PDF

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2015 against their will, and 205 in the first half of 2017, a decrease in the number of

deportation in both years.45

Special quotas

Jordanian workers (Daily workers)

1,800 Jordanian daily workers work in the city of Eilat region.

300 Jordanians enter Israel daily to work, who may be employed only in the city of

Eilat and in the regional council Eliot. The employment of these workers under a

special quota was regulated in a protocol signed between the State of Israel and the

Kingdom of Jordan in 2000. The validity of the arrangement has been extended

several times (up to and including 2017)46

.

1,500 Jordanian workers are allowed to work in the hotel industry at Eilat region. This

quota is till the end of 2019 or till a time in which the unemployment rate in Eilat will

be higher than 7.5% (government decision 1773).47

On July 2016 the Israeli Security Agency removed its resistance to the employment of

Jordanian workers in Eilat at evening and night shifts. Due to this announcement the

immigration authority decided on a new three months Pilot program of evening and

night shifts for Jordanian workers. 48

Tel Aviv-Jerusalem railway project

In 2016-2017as it was in the years 2011-2016, 150 Chinese workers are employed

under a special quota in the construction of a railway between Tel Aviv and

Jerusalem.

Tel Aviv city rail project

In 2016-2017 two quotas were given to companies working on two parts of the new

city rail in the Tel Aviv region, 51 TMW to work on the east part till the end of 2017

and 154 TMW on the west part of the city rail.

45

In Hebrew:

https://www.gov.il/BlobFolder/reports/foreign_workers_report_q2_2017/he/foreign_workers_stats_q2

_2017_2.pdf 46

In Hebrew: http://www.piba.gov.il/Regulations/9.6.0001.pdf 47

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2014/Pages/dec1773.aspx 48

In Hebrew:

https://www.gov.il/BlobFolder/policy/pilot_for_jordanians_working_nightshifts_eilat/he/pilot_jordania

ns_nightshift_hotels_july16.pdf

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New see ports projects

In 2016-2017 the companies building the new see ports in Ashdod and Haifa had

permits to employ 460 TMW.

Turkish Construction workers

In Government Resolution 597 dated October 25 2015,49

the government decided to

extend the validity of the designated quota of foreign workers from Turkey in the

construction field under a reciprocal purchase agreement between the Israel Military

Industries and the government of Turkey in another 36 months (the quota was first

established in 2004). The quota remains 1,200 workers. This designated quota is in

addition to the quota of workers in the construction field, and is not its derivative.50

During 2016 the government decided to permit the entrance of another 6 international

construction companies to Israel and to let every company bring 1,000 workers.51

There is a lot of critic on this decision, from employers and constructor organization

and from NGO'S. While employers and constructors claim that the government

decision will hurt Israeli employers and constructors and that the competition won't be

fair. The human rights NGO'S claim this model is allowing exploitation of the

workers and holding workers under slavery conditions. According to Sigal Rosen

from the hot line for migrant workers, under the existing agreement with the Turkish

company Yilmezlar workers are being denied from their rights and exploited.52

Foreign workers in the construction sector 2016-2017

At the end of 2016, Israel had 8,577 regulated foreign construction workers (2015:

6,855) and another 787 unregulated foreign construction workers who entered Israel

legally (2015: 999) the growth trends of recent years continued, but in 2016 with a

substantial growth in the number of regulated workers and another decline in the

number of the unregulated.

49

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2015/Pages/dec597.aspx 50

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2013/Pages/des1079.aspx 51

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2016/Pages/des1320.aspx 52

Sigal Rosen, Hot line for migrant workers, Interview, 07/08/2016, 01/08/2017.

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Table 26: Changes in Government Policy on Reducing and Cancelling the Quota

of Foreign Construction Workers53

Decision

446 (2006)

Decision

147

(2009)

Decision

1066 (2009)

Decision

2080

(2010)

Decision

3453

(2011)

Decision

1693

(2014)

Decision

317

(2015)

Decision

1236

(2016)

2010 Specialists 5,000 8,000 until

July; 5,000

from July

8,000 - - - -

2011 Specialists 2,000 2,000 8,000

until July;

5,000

from July

8,000 - - -

2012 Specialists Specialists Specialists 2,000 8,000 - - -

2013 Specialists Specialists Specialists Specialists 8,000 - - -

July

2014

Specialists Specialists Specialists Specialists 5,000 8,000 - -

July

2015

Specialists Specialists Specialists Specialists 2,000 15,000 15,000 -

2016 Specialists Specialists Specialists Specialists Specialists 15,000 20,000 16,500

2017 Specialists Specialists Specialists Specialists Specialists 15,000 20,000 16,500

2018 Specialists Specialists Specialists Specialists Specialists 15,000 20,000 16,500

2019 Specialists Specialists Specialists Specialists Specialists 8,000 20,000 16,500

2020 Specialists Specialists Specialists Specialists Specialists 5,000 20,000 16,500

2021 - - - - 2,000 20,000 16,500

The number of TMW in the construction sector is to growth significantly in the

coming years since Israel has signed a bilateral agreement with China to bring 20,000

construction workers, and the government also decided to allow to 6 international

construction companies to work in Israel and bring 1,000 workers each.

53

In Hebrew http://www.pmo.gov.il/PMO/Archive/Decisions/2006/09/des446.htm ,http://www.pmo.gov.il/PMO/Secretarial/Decisions/2009/05/des147.htm ,http://www.pmo.gov.il/PMO/Secretarial/Decisions/2009/12/des1066.htm, http://www.pmo.gov.il/PMO/Secretarial/Decisions/2010/07/des2080.htm

http://www.pmo.gov.il/Secretary/GovDecisions/2014/Pages/dec1693.aspx

http://www.pmo.gov.il/Secretary/GovDecisions/2014/Pages/dec1687.aspx

http://www.pmo.gov.il/Secretary/GovDecisions/2015/Pages/dec317.aspx

http://www.pmo.gov.il/Secretary/GovDecisions/2016/Pages/dec1236.aspx

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It should be noted that in the years 2009-2011, more than 20,000 new Israeli workers

entered the construction sector. This trend changed in 2012 and since than the share of

Israeli workers in constructions is lowers than it was in 2011.

Table 27: recent trends of employments (workers and quotas) in construction*

2010-201654

Year Israelis Palestinians** Foreign**

Workers

Israelis in

%

Total***

2009 143,600 25,600 9,000 81% 178,200

2010 157,400 26,300 8,000 82% 191,700

2011 162,500 31,300 8,000 80% 201,800

2012 150,300 35,400 8,000 78% 193,700

2013 165,800 41,100 8,000 77.4% 214,900

2014 172,600 48,100 8,000 75% 227,400

2015 175,800 55,400 15,000 71.4% 246,200

2016 187,400 59,650 16,500 71.1% 263,550

* The numbers are only in the construction for building and not include infrastructure.

** The Palestinian and foreign workers numbers in this table are quota's numbers. The

Palestinian workers data includes Palestinian working for Israeli employer in the west bank.

*** The number of infiltrators and asylum seekers in the construction sector is unknown; it

can be estimated between several hundreds to about 4,000.

Since 2011 the trend of decline in the share of Israeli workers continues. Even if we

calculate not the quotas of "not Israeli" workers but the actual workers number, the

number of Israeli workers in construction is in constant growth since 2012.

At the end of June 2017, Israel had 8,867 (June 2016: 8,063) regulated foreign

construction workers and another 1,184 (730) unregulated foreign construction

workers who entered Israel legally. The total number of workers reached a slight

increase above the level in the end of 2012.55

The 3 Main countries of which workers

with legal status were: China, Moldova and Turkey.

In the course of the second half of 2016 and the first half of 2017, construction

workers continued to arrive from Bulgaria, with which a bilateral agreement was

signed for bringing in construction workers. Since 2011, construction specialists also

began arriving in Israel, but in 2016-2017 as it was in 2011-2015 this is not a

54

In Hebrew:

http://www.moch.gov.il/SiteCollectionDocuments/meyda_statisti/chovrot/anaf_habeniyya_beisrael_sik

kum_2014.pdf http://www.cbs.gov.il/publications15/saka0115q/pdf/tab02_01_q.pdf 55

In Hebrew:

http://www.piba.gov.il/PublicationAndTender/ForeignWorkersStat/Documents/july2015.pdf

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widespread phenomenon. The new bilateral agreement with China is expected to

contribute to a significant growth in the next year.

Table 28: Employee Jobs in the Construction Sector 2003-201656

Israelis Palestinians Foreign

Workers

Israelis in % Total

2003 104,900 7,900 24,300 76.4% 137,100

2005 102,400 4,800 10,800 86.4% 118,000

2010 122,800 16,300 9,700 82.5% 148,800

2011 127,300 18,200 10,300 82.2% 155,800

2012 119,600 21,300 10,200 77.6% 151,100

2013 129,600 26,900 11,200 77.5% 167,700

2014 134,700 34,200 10,500 75.1% 179,400

2015 129,800 39,800 11,600 71.7% 181,200

2016 125,500 48,500 13,000 67.1% 187,000

The share of Israeli employee jobs increased between 2003 and 2005, till 2014 the

share of Israeli employee jobs was higher than in 2003. Since 2014 the share and

number of Israeli workers is in decline while the share and number of not Israeli

workers continues to grow.

Till July 2017 Israel signed 5 bilateral agreements for the employment of construction

workers. The agreements were signed with Bulgaria, Moldova and Romania, Ukraine

and China. Till mid 2017 the number of workers that came to work in construction

through bilateral agreements with Romania, Bulgaria and Moldova was lower than the

quota. The pressure on the government, like it was in recent years, is to bring workers

from china.

56

http://www.cbs.gov.il/reader/shnaton/templ_shnaton.html?num_tab=st22_05&CYear=2016 it

should be noted that there is a slight difference between the number of employee jobs reported to the

national security system and the number of employee job based on the CBS independent yearly

evaluation (see in the statistical appendix table 70 on employee jobs of foreign and Palestinian

workers)

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The employers are claiming that due to the security problems and the high risk of

clashes in the west bank that will lead to the possibility of a closure, they can't depend

only on a rise in the quota of Palestinian workers but need more foreign workers.

The average wage per employee of foreign residents working in the construction

industry was approximately 7,847 (2015: 7,370), an increase in real terms by

compared to same period last year, wages is higher by 45.6% - the average wage of

foreign workers in 2016 5,739 (2015: 5,046).

Wages in the construction industry were and continue to be relatively higher in

relation to foreign workers who are not experts. Nonetheless, while the increase in the

minimum wage over the past few years caused the average wage of an employed

foreign worker to increase by some NIS1,120, in the construction industry this

average wage has only increased by NIS 797 since 2011. The average wage of a

foreign worker in the construction industry (7,487) has remained considerably higher

than that of a Palestinian worker in the industry (4,346), largely because of overtime

pay.

Temporary Migrant Workers in the agriculture sector

At the end of 2016 21,786 (2015: 21,268) TMW with a valid working permit were

working in agriculture. In addition 919 TMW who have lost their status were still in

Israel. 359 seasonal TMW in agriculture had a valid permit and 10 were in Israel

without a valid permit.

Since the cancelation of the 2009 agreement between the employers in the agriculture

sector and the government there is no policy to reduce the number of TMW in

agriculture. On September 2017 the minister of agriculture announced he will bring to

the government a new plan to raise the seasonal workers quota from 500 to 2,000 a

year for the years 2017-2020.

Since 2012 all the long-term (63 months) foreign workers in agriculture are being

recruited through the I.O.M in Thailand. Since the second half of 2013, the number of

Thai workers is growing substantially and the needs of the employers are being

answered. Yet both the quotas of regular and seasonal TMW in agriculture were not

fulfilled in recent years.

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At the end of June 2017, Israel had 22,251 (June 2016: 21,434) regulated agricultural

TMW and another 1,099 (598) unregulated TMW agricultural workers who entered

Israel legally with a yearly permit, A slight growth in the number of agriculture

workers. 245 seasonal TMW had a valid permit and 39 were in Israel without a valid

permit.

Table 29: The end of the Planned Gradual Reduction in the Quota of Foreign

Agricultural Workers

Quota 2009 2010 2011 2012 2013 2014 2015 2016

Base 27,500 26,000 24,500 23,000 21,500 20,500 18,900 -

Changes

in 2011

26,000 24,400 23,000 21,500 20,000 18,900

Changes

in 2012

26,000 25,40057

23,000 21,500 20,000 18,900

Changes

in 2013

(I)

25,000 23,000 21,500 20,000

Changes

in 2013

(II) *

24,999 24,999 24,999

* The quota doesn’t include the quota for 500 seasonal workers. As a part of the

Measures to help the population near the border between Israel and Gaza strip the

ministry of agriculture suggested in august 2014 to add a special quota of 700 foreign

workers for the years 2015-2017.

Table 30: recent trends of employments (workers) in agriculture 2010-06.2017

Year Israelis Palestinians*

**

Foreign**

Workers

Israelis in

%

Total***

2009 40,100 5,250 27,500 55.1% 72,850

2010 47,100 8,000 26,000 58.1% 81,100

2011 42,600 9,500 26,000 52.6% 78,100

2012 51,300 11,000 25,400 57.4% 87,700

57

Originally, in September there was to have been a decrease of 1,000 workers, but the reduction was

cancelled since the original quota had not been fully utilized.

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2013 43,100 12,150 25,000 51.8% 80,250

2014 39,900 12,950 22,618

(25,000)

51.2% 77,850

2015 37,700 9,918

(12,950)

21,973

(25,000)

49.8% 75,650

2016 37,900 11,833

(14,750)

22,556

(25,500)

52.1% 72,289

06.2017 37,200 10,232

(14,000)

23,634

(25,500)

52.2% 71,066

* Including seasonal workers

** The Palestinian and foreign worker's numbers in this table are quota's numbers till 2014, from 2014

actual permit holders' number and (quota).

*** The number of infiltrators and asylum seekers in the Agriculture sector is unknown; it can be

estimated in couple of hundreds.

The number and share of Israeli agriculture workers is in decline since 2012. There

are no significant changes in the quotas of Palestinian and TMW workers. The quotas

are slightly bigger but there is no full recruitment.

Table 31: Employee Jobs in Agriculture 2009-201658

Israelis Palestinians* Foreign

Workers

Israelis in % Total

2009 30,900 7,700 22,000 51% 60,600

2010 30,600 8,300 22,000 50.3% 60,900

2011 26,500 9,000 23,700 44.8% 59,200

2012 23,100 10,300 23,000 41% 56,400

2013 26,000 11,400 22,000 43.6% 59,400

2014 23,500 12,500 22,400 40.2% 58,400

2015 22,100 13,200 20,600 39.5% 55,900

58

http://www.cbs.gov.il/reader/shnaton/templ_shnaton.html?num_tab=st19_09&CYear=2016 see

remark in footnote 15.

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2016 22,740 17,200 26,600 34.2% 66,540

*including seasonal workers

The share of Israeli employee jobs continues to decline. In 2016 the number of

employee Jobs held by Israelis grow for the first time since 2013, yet the growth is

much smaller than the growth in employee jobs held by not Israelis.

In 2016 when including the Israeli part time jobs and the seasonal Palestinian and

foreign workers, we can see a growth in the total number of employee jobs in

agriculture.

It should be noted that the Agriculture sector suffers from a continuance crisis. In

recent years there is a hard competition in the EU markets, the Russian market that

was in recent years a growing export market for Israeli agriculture product, but since

the fall in the rate of the Russian ruble, farmers found it hard to handle with the loss

of markets abroad. The employers organizations in the agriculture sector demanded in

recent years the cancelation of the levy on employment of TMW in agriculture and a

right to increase the deductions from TMW for housing and services, on January 2016

the employer's levy in agriculture was canceled, on May 2017 the Knesset approved

the increase in the deduction from the TMW in agriculture.

The work of foreign students in agriculture

Although there is a quota in the agriculture sector and by government decision the

work in this sector is limited to foreign workers who were recruited through a bilateral

agreement. Alongside to the quotas workers, several thousands of foreign students are

working in this sector. Till recent years the number of foreign agriculture students was

always around couple of hundreds, but in 2013-2016 the number increased sharply

and it is estimated today in about 5,000 (in 2010 there were only 750).59

The

Immigration Authority estimated the number of agriculture students in the last 20

years in 20,000 students from 26 countries. The Foreign ministry sees the agriculture

student project as a significant project in the bilateral relationship between Israel and

developing countries in Asia, Africa, South and Middle America.

A foreign agriculture student come to Israel for a period of 11 months and pays a

student fee (11,000 NIS). The student visa holders in those programs which are being

59

Michal Tajar, "Kav Laoved", interview, 31/07/2017.

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given through private companies in the agriculture sector or by regional council

development companies come from a variety of states in Asia, South America and

Africa. Most of them have graduated a first degree in they're countries.

A report made by "Kav LaOved" point out that the students are working for at least 4

days a week (some students reported they work 6 days a week), and study one day.

They are being paid 17 NIS an hour (less than the minimum wage). There is no quota

for students and every farmer can employ as much as he can (some companies limit

the number of students up to 8 students to every farmer).

The rise in the number of programs for students, their widespread geographical

deployment and the rising number of students within these programs, along with the

fact that, in effect, these are workers who pay for the privilege of participating in

these programs and who earn less than the minimum wage, teach us that the programs

have become a bypass route for importing workers by permit as part of the bilateral

agreements and under the supervision given to these workers.

On July 2015 appeal to the court against agro-studies the international center for

agriculture students in Israel was submitted. In the appeal it is claimed that the

company is not really giving agriculture studies or vocational training but is simply

using its students as a work force in agriculture.60

Temporary Migrant Workers in the caregiving sector

At the end of 2016, Israel had 49,156 (2015: 45,632) TMW in home care sector with a

valid visa and another 11,317 (2015:11,800) TMW without a valid visa in the sector,

who entered Israel legally. There is no cap on the number of foreign workers in the

caregiving sector.

The government has taken several steps to encourage the employment of Israelis in

this sector, including adding on care hours61

for eligible persons under the Nursing

Care Law who employ Israelis. However, in 2016 as in the years before the

government has not taken other steps necessary to encourage Israelis to work in the

sector, and in 2016 like in 2011-2015 the entry of a significant number of legal

foreign workers and of asylum seekers staying in Israel under group protection who

are employed both legally and illegally in institutional care frameworks continued.

60

In Hebrew: http://www.kavlaoved.org.il/wp-content/uploads/2015/07/לקריאת-התובענה-לחץ-כאן.pdf 61

The eligibility for a nursing care allowance is given in the form of care hours in the patient's home or

at community centers.

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At the end of June 2017, Israel had 49,100 (June 2016: 47,891) TMW in home care

sector with a valid visa and another 13,058 (11,273) without a valid visa who entered

Israel legally. The number of TMW in hoe care sector are constantly growing but

there is a lot of ongoing problems that characterize this sector, while the number of

entering workers is in constant growth so is the number of workers losing their status

and departure of workers. So while the demand is in growth, at the same time, the

phenomenon of increased entry and exit of care workers continues, due to the

importation of new workers and deportation of unregulated workers, instead of

investing in arranging the status of workers who are already staying in the country.

The phenomenon of workers abuse is very common in this sector; both labor and

sexual abuse of workers mainly women by employer's and their family members. As

it was in recent years the inspection of the sector is insufficient and dangerous both

for TMW in the sectors and for employers who are dependable people.

Also in 2016-2017 no significant steps were taken to encourage the employment of

Israelis in the sector, and their number is gradually decreasing. Among Israeli care

workers in the home and institutional segments, the share of women who emigrated

from the former Soviet Union in the years 1990-2001 is notable. The aging of this

population is intensifying the shortage of Israeli workers in this sector. The lack of

initiative from the side of the government creates a growing shortage of local

manpower in the nursing, care and home care sector.

Table 32: TMW in Home Care sector 2010-2017

With valid visa Whiteout valid

visa

total

2010 43,499 10,209 53,708

2011 42,349 10,123 52,472

2012 41,260 10,069 51,329

2013 40,484 11,993 52,477

2014 43,468 11,324 54,792

2015 45,632 11,800 57,432

2016 49,156 11,317 60,473

06.2017 49,100 13,058 62,158

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After a short period of decline the number of TMW in home care between 2010 and

2012, the number of TMW in home care started to increase again. In 2014 the number

reached a new record and since than the number is increasing every year.

The main origin countries of the foreign workers haven't changed much in recent

years. There were 7 main source countries (more than 1,000 TWM) between 2011 and

2014 and 8 IN 2015. More than 95% of all TWM in home care come from those

countries, all Asian and European Countries. The Philippines are still the major origin

country with 37% of all the TWM in home care. India is the second main origin

country with 20.3%. In recent years those two countries are the source countries for

more than 55% of the home care TWM.

Table 33: The main origin countries of TMW in Home Care 2011-2016(more

than 1,000 workers in 2016)

2011 2012 2013 2014 2015 2016

The

Philippines

20,002 20,676 20,314 20,588 21,274 22,829

India 6,744 7,478 8,665 10,186 11,622 12,121

Moldova 7,802 7,786 8,056 8,541 9,025 9,767

Sri Lanka 4,238 4,686 5,214 5,641 8,507 5,685

Nepal 6,644 5,934 5,436 4,765 4,220 3,830

Ukraine 1,494 1,483 1,508 1,654 1,895 2,096

Uzbekistan 498 567 709 934 1,229 1,900

Romania 1,528 1,321 1,253 1,165 1,056 931

Main

Countries

Total

48,950 49,931 51,155 53,474 56,128 59,159

Total in

Home

Care

52,472 51,329 52,477 54,792 57,432 60,473

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Specialists and skilled TMW (experts working visa)

Apart from low-skilled workers in the construction, agriculture and caregiving

sectors, Israel also allows the entry of foreign specialists, this category includes since

2015, also TMW who are skilled industrial and restaurant workers and were till 2015

in separate quotas. There is no quota for specialist and skilled workers, there are some

categories as medical doctors who work in hospitals, foreign journalists and artists,

academics, diamond merchants, Managers or trusted employee of a foreign or

international company, and another category for workers who are being paid dabble

the average wage (18,680 NIS).62

At the end of 2016, Israel had 4,627 (2015: 3,358) specialists and skilled TMW with a

valid visa and 851 (2015: 784) without a valid visa, who entered Israel legally. At the

end of June 2017, Israel had 5,389 (June 2016: 3,851) specialists and skilled TMW

with a valid visa and 788 (775) specialists and skilled TMW without a valid visa. In

recent years the number of Specialist and skilled TMW is in a trend of growing.

Specialist and skilled TMW get Permit for two years instead of one year permits as all

other TMW. Another policy change was the official permission to give foreign

Specialist workers permits that are not limited to 5 years.

Daily Workers in Hotels

Since 2014 there is a quota is for 1,500 Jordanian workers in hotels in Eilat. As the

300 Jordanian construction workers in Eilat, the hotel workers are daily workers.

2.2 Main policy changes and developments in 2016-2017 in

respect of TMW in Israel

Government decisions63

Decision 1321, March 24 201664

To allow in addition to the Turkish company Yilmezlar International, the entrance of

5 international construction companies to work in Israel in project of constructing for

62

https://www.gov.il/BlobFolder/policy/experts_procedure_short_version/he/abstract_procedure_foreign

_expert_employment_permits.pdf 63

Some Government decisions are being discussed not here but separately in this chapter. 64

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2016/Pages/des1321.aspx

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housing project. Every company will be able to bring to Israel up to 1,000 employers

(out of the existing quota).

Decision 1759, July 31 201665

Israel doesn’t allow the family reunification of TMW. TMW can work for years in

Israel and yet other then children that were born in Israel to a TMW during his legal

stay in Israel and can stay till the end of his legal stay with him, the stay doesn’t allow

any other kind of family reunion. The new decision is a significant precedent.

According to the decision the family partners of expert workers in the Hitech industry

and the academy will be entitled to receive a stay and working visa. It should be noted

that till September 2017 the regulations required to implement the Government's

decision were not amended.

Decision 2292, January 15 2017:66

The new national plan: to increase the skilled manpower in the high-tech Industry

which includes some decisions about specialist and skilled high-tech TMW.

500 foreigner graduates of Israeli academic institute in high-tech professions

will be able to work in Israel up to one year from the graduation and can be

paid less them the minimum wage of a TMW with an expert visa.

Although the national plan focuses in Israeli emigrants and people who are

entitled to Israeli citizenship the government will take measures to increase the

use of specialist and skilled TMW in the fields of high-tech. and increase the

accessibility of local high-tech companies to the possibility of skilled TMW

employment.

Researchers in the fields of high-tech will be able to work in private

companies as academic researchers.

Amendment 20 in foreign workers law

On July 2017 a new amendment in the foreign workers law was empowered. Under

the conditions of the amendment, the Minister of Interior was given the authority not

to grant a permit or renew a permit for a permit holder to employ a foreign worker if

the former was convicted of offenses defined as serious against a foreign worker and

65

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2016/Pages/dec1759.aspx 66

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2017/Pages/des2292.aspx

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also not to renew, for up to 18 months, a permit for a permit holder suspected of

serious offences.

Deposits for Foreign Workers

Every construction corporation must make a monthly deposit of 700 NIS into an

account which is in the worker’s name. This money is a payment that is a substitute

for pension contributions/severance pay. The worker receives this money in cash at

the airport when leaving the country permanently. If the worker does not leave the

country within one month of the expiration of his visa, money begins to be

automatically deducted from the account up to a full deduction within 6 months.

Today the deposit exists only in the construction sector, on July 2015 the Economy

minister and the interior minister finalized the regulation offer for deposit in the

sectors of construction and home care.67

The deposit in the home care sector is only

partly paid on the part of the TMW that is being paid b nursing companies. In the

agriculture sector another attempt to apply the deposit on employers in agriculture

failed in June 2017.

Deduction from TMW by employers

On June 2017 the legal deduction for housing, general expenses and health insurance

that employers of TMW can deduct from the TMW worker wages were raised.68

The

deductions in the agriculture sector are limited to 300 NIS for housing and general

expenses and another 134 NIS for health insurance.

Tax benefit cancelation for TMW

At a time when the deposits into accounts have not been regularized and the

deductions from wages have gone up, it was finally decided that foreign workers

would not be given the 2.25 credit points that are automatically granted to every

resident of Israel as has been the case in the past. As a result, another NIS 362 is

deducted from the wages of foreign workers every month. This abolition of the

residents' credit points that in the past was automatically granted to foreign workers is

another worsening in the work conditions of foreign workers that stems from the fact

67

In Hebrew: http://www.piba.gov.il/PublicationAndTender/pr/Pages/130715.aspx 68

In Hebrew:

https://www.gov.il/BlobFolder/generalpage/foreign_workers_rights_booklets/he/Zchuton_ENG_0817_

1.pdf https://www.nevo.co.il/law_html/law01/P178_005.htm#Seif4

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that their status has been unlinked from that of workers who are Israeli residents as

had been the case in the past.

Changes in foreign worker quotas

Since 2013 the governments changed sharply the policy of the recent years. For the

first time since 2002 the quotas in the main sectors of foreign workers were increased

and new quotas (hotel industry, High-tech and a special quota for one national

project) were established. In 2015 the government raised the quota of construction

workers to 20,000 workers (G.D. 317) and then lowered it to 16,500 in 2016 (G.D.

1236).69

In 2017 the government signed a bilateral agreement with China to bring up

to 20,000 construction workers (in the first stage new 6,000 TMW) and gave permit

for 6 international construction companies to work in Israel with up to 1,000 workers

each (the first company got her permit to start working in Israel on July 2017).

There is a new quota for high-tech students that allows up to 500 graduates to work in

Israel for one year after graduation and the agriculture minister is planning a rise in

the quota of seasonal workers. The trend of higher quotas continued in 2016/2017

parallel to the increase trend in home care and skilled workers numbers. Employer's

organizations are pressuring the government to raise quotas, create new quotas and

lower the taxes on TMW employers.

Regulation of foreign workers' status

Despite the shortage of foreign workers, primarily in the caregiving sector, regulation

of the status of foreign workers who have lost their legal status was and remains

negligible. The Population and Immigration Authority regulated in every month the

status of only a few workers, compared to which several dozens of foreign workers

whose status was not regulated were deported every month.

Employment of foreign workers in the caregiving sector

The total number of foreign workers increased in 2016-2017, as it was in 2014-2016 it

is a new trend after the decline in 2009-2013 (Table 34). The number of the workers

69

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2016/Pages/dec1236.aspx

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increased in 2013 for the first time since 2008 and the trend of growth continue since

then.

Table 34: Foreign Care Workers by Status 2011-2017

TMW with a valid

permit

TMW without a valid

permit

Total

2009 43,836 13,199 57,035

2010 43,499 10,209 53,708

2011 42,349 10,123 52,472

2012 41,260 10,069 51,329

2013 40,484 11,993 52,477

2014 43,468 11,324 54,792

2015 45,632 11,800 57,432

2016 49,156 11,317 60,473

06.2017 49,100 13,058 62,158

Since 2012 the number of TMW in home care sector increased in more than 10,000

workers.

Table 35: Holders of a Permit to Employ a Foreign Worker (caregiver)

Year Number of

permit holders

Year Number of

permit holders

1996 8,187 2011 56,062

1999 14,474 2012 58,491

2002 38,438 2013 57,110

2005 37,419 2014 53,638

2007 50,500 2015 58,101

2008 54,000 2016 60,839

2009 57,329 03.2017 61,560

2010 56,887

The number of permit holders rose sharply between 2005 and 2009 (about 20,000),

since 2009 the total number of permit holders increased in less than 1,000. There was

a significant decrease (about 5,000) in the years 2013-2014 and then started a new

trend of increase (about 8,000).

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Table 36: Holders of a Permit to Employ a TWM caregiver by Gender and

groups 2010-2017

2010 2011 2012 2013 2014 2015 2016 03/2017

0-18 1,534 1,451 1,431 1,386 1,302 1,331 1,207 1,183

Women

19-64

3,067 2,804 2,829 2,745 2,572 2,685 2,611 2,621

Man

19-67

3,299 3,457 3,468 3,466 3,299 3,492 3,383 3,627

Women

65+

34,093 33,800 35,780 34,701 32,557 35,273 37,069 37,620

Man

65+

14,551 14,281 14,983 14,812 13,908 15,320 16,569 16,509

The biggest group among permit holder is women over 65 years old. Among minors

and women between the ages of 19 and 64 there is a slight reduce, and among the man

between the ages of 19 and 67 and women above 65, there was a slight growth.

Table 37: total numbers of Permit holders and TMW caregivers 2010-2017

2010 2011 2012 2013 2014 2015 2016 03.2017

workers 53,708 53,472 51,449 51,329 54,792 56,956 60,473 62,158

Permit

holders

56,887 55,793 58,491 57,110 53,638 58,101 60,839 61,560

There was not always a correlation between the growth of in the number of permit

holders and the number of TWM, not all permit holders employ TMW or TMW with

a valid permit, not all the TMW have a valid permit.

Table 38: usage of Permits for TMW caregivers and status of TMW caregivers

2016 2017

Total number of Permit

holders

60,839 61,560

Permit holders who

employ TMW

45,250 45,216

Share of permit holders 74.7% 73.4%

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who employ TMW

Total number of TMW 60,473 62,158

TMW with a valid visa 49,156 49,520

Share of TMW with valid

visa

81.2% 79.6%

There is a significant part of permit holders who are not employing TMW and a

parallel significant part of the TMW who have no valid visa. It is estimated that part

of both groups employ and being employed with no active (employers) or valid

(employee) status.

Changes in procedures relating to care workers:

The Population and Immigration Authority allow care workers to go on

vacation abroad also during a period when they have no employer.

A new regulation procedure for foreign home care workers allows workers that

are in Israel more than 5 years and less than 7 years to work for one last

employer.70

For the past three years there have been restrictions on the movement of

workers between geographic regions. However, in June 2017, some of these

restrictions on movement of workers between regions were lifted. According

to the regulations put into place by the Minister of the Interior, in the case of

the death of an employer or the move of an employer to a nursing home, the

worker is allowed to find a new employer in a different geographical area than

the one he worked in previously. On the other hand, a worker who was

dismissed or resigned from his job may not transfer from one area to another.

Employment of seasonal agricultural workers

Alongside the gradual reduction in foreign worker quotas in the agriculture sector, the

government of Israel implemented since 2010 a pilot program for examining the

possibility of employing seasonal workers in agriculture. In view of the pilot's

success, the government decided in its meeting on September 14, 2011 (Decision

371371

) to continue the program and to allow workers who were employed in Israel in

70

In Hebrew: http://www.piba.gov.il/Subject/ForeignWorkers/siod/Pages/Siud_Center.aspx 71

In Hebrew http://www.pmo.gov.il/PMO/Secretarial/Decisions/2011/09/ des3713.htm.

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the framework of the pilot in. An agreement was signed between the governments of

Israel and Sri Lanka regulating the importation of seasonal agricultural workers.

In March 2016 a new gov. decision (1406) to allow the entrance of 500 workers from

Sri Lanka for a 4 to 8 months period in the years 2016-2018 (with the possibility of

extension till 2020).72

Till the end of September 2017 a bilateral agreement with Sri

Lanka was not yet signed and ratified. There is a new plan to raise the quota from 500

to 2,000 that the ministry of agriculture plans to approve in the government.

There is a constant growth in the number of seasonal workers, yet the quota was never

fulfilled.

Encouragement of the employment of Israeli workers in foreign-worker-

intensive sectors

During 2016-2017 there was no significant improvement in connection with the

training of Israeli workers in foreign-worker-intensive sectors. In the caregiving

sector, despite the worsening shortage in Israeli workers in the institutional and home

care segments, no meaningful steps were taken to encourage the entry of Israeli

workers to this sector, and, in fact, there has been a regression due to the aging and

retirement of a part of the population of workers in the sector. The level of

unemployment in Israel is low (about 5%) and while there is an interest for Courses in

construction or seasonal work in agriculture, the government is not taking significant

measures to encourage young Israeli to enter those field of labour.

In the construction sector, the government accepted a new resolution in March 2016

(Gov. Res. 1320) to promote initiatives under the responsibility of the housing and the

labor ministries to encourage and train Israeli workers in needed professions. For the

years 2016-2020 the government plans the training of 3,500 qualified workers, 2,500

site managers and 500 crane workers.73

Integration of foreign workers in Israel

The State of Israel does not regard itself as an immigration country and does not allow

the naturalization of temporary foreign workers (except for those who married an

Israeli spouse or received a status by virtue of their children receiving a status), nor

72

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2016/Pages/dec1416.aspx 73

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2016/Pages/des1320.aspx

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does it allow them to stay in Israel beyond the period specified in the law (63

months), except in cases that are expressly excluded in the law, the regulations or the

procedures of the Population and Immigration Authority.

In 2016-2017, as in 2012-2016 the staying period of foreign workers in agriculture

and construction was longer than 63 months due to the shortage in recruitment of new

foreign workers through the bilateral agreement system,74

in the home care sector

there are at least some hundreds of workers who are working legally more than 63

months. Although some of does workers are living in Israel for 6 years and more there

are no integration programs even for this population.

The Population and Immigration Authority published in 2013 an official rights

handbook for the foreign worker. Since then the Immigration Authority is renewing

the publication yearly.75

The head of section in charge of foreign worker's rights at

work (economy ministry) published between 2013 and 2016 some handbook in

several languages (among them: Turkish, Urdu).76

It should be noted that foreign workers in Israel have a private health insurance as

long as they work, but in a case a foreign worker is losing his ability to work due to a

case of severe illness, he will lose his status as a foreign worker and his insurance and

can be deported.

Signature of bilateral agreements for regulating the importation of foreign

construction and agriculture workers

In recent years, several government decisions have determined that in sectors in

which bilateral agreements would be signed between the State of Israel and other

countries regarding the importation of foreign workers from those countries, only

foreign workers from those countries would be brought to Israel to work in those

sectors. Pursuant to those decisions, the government of Israel is acting to sign bilateral

agreements with sending countries of foreign workers. In 2011, the first such

agreement was signed in the agriculture sector (between Israel and Thailand and the

International Organization for Migration), and at the beginning of 2012 the first

74

In Hebrew: http://www.piba.gov.il/FormsAndRegulations/Notice/Documents/1115_extending.pdf 75

ba.gov.il/PublicationAndTender/Publications/Pages/EngInformationforForeignWorkers.ahttp://www.pi

spx 76

It should be noted that only one person is working in this section, the head of section itself.

http://www.economy.gov.il/Employment/WorkRights/UniquePopulations/ForeignWorkers/Pages/defau

lt.aspx

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agreement was signed in the construction sector with Bulgaria. The second was

signed with Moldova later that year and the third with Romania in 2014 (the Israeli

government ratified the agreement on August 2014).77

On June 2016 a new agreement

was signed with The Ukraine.78

The government is seeking to replace the importation of workers through private

manpower agencies with the recruitment and importation of workers through the

sending countries or the International Organization Migration. This plan has aroused

the resistance of the private manpower agencies (manpower companies in the

agriculture sector, private agencies in the caregiving sector and corporations in the

construction sector).

Must of the foreign workers in Israel work in home care, although the government

wishes to sign a bilateral agreement in this branch, till today (September 2017) there

efforts to sign such an agreement with the Philippines, Nepal and Sri Lanka, but till

today there is no considerable success.

Since 2005 there is a procedure in the high court against the state due to the lack of

implementation of decisions to bring all the TMW through bilateral agreements. On

August 2016 the high court ordered the state to increase the effort to achieve an

agreement with The Philippines and report to the court till mid-September and after

that every two months.79

Workers who were recruited to work in Israel through bilateral agreements pay much

less recruitment fees. In the agriculture sector the average fee paid by Thai workers

before the agreement was 9,149$, workers who were recruited through the bilateral

agreement pay 2,200$ this payment includes the flying ticket and medical exams. In

the construction sector the average fee paid by Chinese workers was 21,759$, workers

who were recruited through the bilateral agreement pay between 300$ to 500$

(Romania and 310$ Moldova to 504$ Bulgaria). On August 2016 the NGO Workers

Hotline published that there is a new increase of 36% in the average fee being paid by

home care workers. The new average fee being paid is 10,688$.80

77

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2014/Pages/govdec1981.aspx 78

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2016/Pages/dec1924.aspx 79

In Hebrew: http://elyon1.court.gov.il/files/06/050/024/T66/06024050.T66.htm 80

In Hebrew: http://www.kavlaoved.org.il/%D7%A2%D7%9C%D7%99%D7%94-

%D7%93%D7%A8%D7%9E%D7%98%D7%99%D7%AA-

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A Hot Line for workers who were recruited through bilateral agreements is being

operated by CIMI (Center for International Migration and Integration) in behalf of the

Immigration Authority. Between 06.2012 and 01.2016 5,112 applications were made

to the Hot Line (about 40,000 phone calls altogether), about 33% were complaints

about payment and wage issue. 90% of the complaints are made by Thai workers.81

The bilateral agreements influence also on other subjects. Data collected from TMW

that were recruited through the bilateral agreement indicates that:

The wages of workers grow and so are the payment for overtime and the reported

tariff for overtime. The number of working hours is lower and the number of paid

vocation days is higher. More workers reported they were provided with safety

equipment. Yet more workers that were recruited through the bilateral agreement

system reported on breach of contract in the terms of labour condition, the absence of

health insurance and not being payed when they are sick.82

All TMW who were requited to work in Israel through a bilateral agreement can

submit complaints to a hot line that is operated by CIMI. Every year a report is

published summering the data about the complaints.83

In the years 2014-2016, 2,981

TMW called the hotline with complaints and questions most of them agriculture

workers. Most complaints are justified and serve as grounds for enforcement.

The agriculture sector

In 2011 an agreement was signed between the government of Israel, the government

of Thailand and the International Organization for Migration (IOM) regulating the

importation of foreign agricultural workers from Thailand through the organization.

Concurrently with the implementation of the agreement, a significant number of

manpower agencies that brokered the employment of foreign workers in the

agriculture sector closed down, resulting in the loss of the entity that was responsible

for the transfer of agricultural workers between employers, which now takes place

%D7%91%D7%A1%D7%9B%D7%95%D7%9D-%D7%93%D7%9E%D7%99-

%D7%94%D7%AA%D7%99%D7%95%D7%95%D7%9A-

%D7%A9%D7%9E%D7%A9%D7%9C%D7%9E%D7%99%D7%9D-%D7%A2/ 81

http://media.wix.com/ugd/5d35de_de62afa72f684935b83a6f076bce01c4.pdf 82

In Hebrew: CIMI, https://docs.wixstatic.com/ugd/5d35de_def6017527f945c784fdf203dcfae888.pdf 83

CIMI, https://docs.wixstatic.com/ugd/5d35de_bdb7ea05cb234cb795436ca0b6437555.pdf

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without a brokering entity. The new manpower companies are entitled to charge the

workers 2724.04 NIS a year.84

Since the signing of the agreement and till the end of 2016 22,856 Thai workers were

recruited to in Israel.

The construction sector

Under an agreement signed between the government of Israel and the Association of

Contractors and Builders in Israel, foreign construction workers will be imported to

Israel only in the framework of bilateral agreements between Israel and the sending

countries. The Israeli Government signed an agreement with Bulgaria, Romania

Moldova and China.

Since the signing of the agreement and till the end of 2016 only 1,131 construction

workers from Bulgaria, 236 from Romania and 4,406 from Moldova were recruited

and working in Israel. In the years 2012-2014 the number of TMW requited to work

in Israel was low, less than 1,000 a year, but in 2015-2016 the number of new

requited TMW grow significantly. The new agreements with China and Ukraine

should increase significantly the number of TMW in construction.

The home care sector

On August 2015 an agreement for a pilot program was signed with Nepal. The

program started with the recruitment through CIMI of 59 home care workers in the

first stage and 300 workers in the second stage.85

Another pilot agreement was signed

with Sri- Lanka for 30 TMW in home care in 2017.86

The importance of the bilateral agreements lies in the regulation of the recruitment

and importation of workers from the sending countries to Israel and the eradication of

the illegal collection of mediation fees. Whereas the phenomenon of illegal collection

of mediation fees by brokers has been eradicated in the agriculture and construction

sectors, in the caregiving sector, in which no agreements have been signed, the

phenomenon continues. Care workers from Sri Lanka, for example, pay between

84

In Hebrew:

http://www.piba.gov.il/Subject/ForeignWorkers/ForeignWorkers/Documents/03032014.pdf 85

In Hebrew: http://mfa.gov.il/MFAHEB/PressRoom/Spokesman/Pages/Agreement-caregivers-from-

Nepal.aspx 86

In Hebrew: https://docs.wixstatic.com/ugd/5d35de_def6017527f945c784fdf203dcfae888.pdf

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10,000 and 16,000 dollars in unlawful mediation fees, partly in the country of Origin

and partly in Israel. In 2016-2017, more and more workers reported they pay most of

the illegal fees in Israel.87

A new phenomenon being reported is another fee being

demanded in Israel from workers who have lost their employer and need a new one.

According to CIMI, since the signing of bilateral agreements, TMW in construction

and agriculture saved 192 million US dollars in comparison to what they would have

been demanded to pay before.88

Table 39: TMW who were recruited thorough bilateral agreements89

2012 2013 2014 2015 2016 Total

Agriculture 2,137 5,783 4,680 5,717 4,539 22,856

Construction 764 554 773 2,452 1,327 5,773

Total 2,901 6,238 5,453 8,171 5,866 28,629

There is no trend in the requiting of TMW through bilateral agreements. While in

agriculture the recruiting though the agreement answers to the needs of the employers,

till the end of 2016 it failed to do so in the construction sector.

The enforcement Unit in the Population and Immigration Authority

In the course of 2012 the two enforcement arms of the Population and Immigration

Authority – the enforcement unit, responsible for supervising employers (imposition

of fines and institution of administrative proceedings against employers who violated

foreign workers' rights), and the Oz unit, responsible for locating illegal foreign

workers, their detention for a hearing and removal from Israel – were consolidated.

The work of the consolidated unit is focused mainly on enforcement against foreign

workers rather than employers, and it includes: examination of foreign workers' legal

status, detention of illegal foreign workers (including asylum seekers) and foreign

workers who are not in compliance with the terms of their permit and bringing them

for a hearing, and the removal of illegal foreign workers from Israel. In recent years

the unit focuses also on employers of people who infiltrated Israel.

As a result of the consolidation of the enforcement arms, enforcement action against

employers of foreign workers has been significantly reduced. Furthermore, the

87

Idit Laibowitz, Kav Laoved, Interview, 04/08/2015. 88

http://media.wix.com/ugd/5d35de_4832bf9bb88949cda80600a012af4a3d.pdf 89

In Hebrew: https://docs.wixstatic.com/ugd/5d35de_def6017527f945c784fdf203dcfae888.pdf

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number of fines that were imposed on employers decreased significantly. In the

number of criminal indictment against employers there is also an ongoing trend of

decline from 780 cases of indictment in 2010 to 164 in 2014.

Table 40: Administrative enforcement by the Immigration Authority90

Sum of

financial

sanctions

Financial

sanctions

(Administrative

fine)

Initiated

investigations

18,474,750 1,635 1,697 2011

16,570,000 1,740 1,460 2012

12,893,000 1,598 1,535 2013

13,312,000 1,394 670 2014

13,165,500 1,330 976 2015

11,645,500 1,048 887 2016

4,997,500 430 393 01-06.2017

There is continues trend of decline in the number of investigations and financial

sanctions against employers of TMW.

Table 41: Criminal Procedure against employers of TMW in Court91

Indictment Verdict Financial

Sanctions

2014 163 164 10,029,397

2015 147 151 7,079,536

2016 100 95 3,229,640

01-06.2017 69 61 1,994,069

The decline trend in the criminal procedures continued in 2016/2017.

90

In Hebrew

, tat/Documents/561353new.pdfhttp://www.piba.gov.il/PublicationAndTender/ForeignWorkersS

http://www.piba.gov.il/PublicationAndTender/ForeignWorkersStat/Documents/sum2015_final.pdf 91

In Hebrew:

http://www.piba.gov.il/PublicationAndTender/ForeignWorkersStat/Documents/july2015.pdf

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Human Rights and workers organization claim for years that the enforcement unit

lacks effectiveness and that the working and housing conditions of foreign workers

mainly in the agriculture sector abusive.92

Application of the Law on Hours of Work and Rest for foreign workers in the

fields of home nursing care

In 2009, the High Court of Justice, in its decision on case 1687/07 made an exception

for foreign workers in nursing care with regard to the application of the Law on Hours

of Work and Rest. This exception was all-embracing and raised a number of issues,

among which were the rights of foreign workers in the nursing-care sector to benefit

from payment for overtime work (the original issue which came before the Court) but

also on their right to have a weekly day of rest. This matter came up again in a legal

procedure which has been under way for several years. In the present procedure, the

Court was presented with the Attorney General's opinion which determined that

foreign workers are entitled to a weekly day of rest as a basic right. Nevertheless, the

Attorney General noted that the inter-ministerial task force recommended that the

Minister of Economy pass regulations that the duration of the day of rest of a nursing-

care worker should not be less than 25 consecutive hours (as in the case of

institutional nursing care workers who are exempted from the 36 consecutive hours

weekly rest as determined in the Law on Hours of Work and Rest).

On July 07 2016 the national labor court decided that the weekly day of rest for

people working in home care will be 25 hours and not 36 hours.93

It should be noted

that the current law allow the minister of labor to shorten the 36 hours to 25.

Increase in the number of fatal work accidents in the construction sector94

Since 2014, the trend of more fatal work accidents in general and in their number and

rate in the construction sector. Most of the casualties are TMW and Palestinians.

Since the beginning of 2016 there is more public awareness to the subject. 2016 was a

record year in deadly accidents. Till the end of August 2017 20 construction workers

92

http://www.hrw.org/report/2015/01/21/raw-deal/abuse-thai-workers-israels-agricultural-sector

http://www.kavlaoved.org.il/en/new-kav-laoved-report-below-the-minimum/ 93

In Hebrew: http://www.psakdin.co.il/Court/1068604#.V-TAKvArKUk 94

In Hebrew:

http://economy.gov.il/Publications/PressReleases/Pages/AnnualOccupationalAccidentsReport2014.asp

x

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most of them TMW and Palestinian daily workers were killed in fatal work accidents.

Professional bodies and organizations for workers' and civil rights attribute the

increase in the cases of fatal work accidents in the sector to faulty enforcement, lack

of training for working at height, lack of safety equipment and appropriate work

equipment and the long working hours of foreign workers in the sector. There is more

public awareness to the lack of sufficient enforcement of security in construction

sites, yet the government has not find sufficient solutions to handle with the

phenomenon.

Working Holiday Visa

Between 2012 and 2017, Israel signed Work and Holiday Visa Agreements with

several states among them: Australia, South Korea and Germany the Czech Republic

and New Zealand.

Table 42: Working Holiday Visa Holders in Israel 2016-2017

State of Origin 2016 01-03.2017 Total

Australia 1 1 2

Germany 32 14 46

Korea 2 3 5

New Zealand 5 0 5

Czech Republic 1 2 3

Total 41 20 61

It is early to determine trends but the total numbers of working holiday visa in Israel

are very low.

Canceling the need for visa and regulating the right to work of diplomatic stuff

families

During 2016/2017 Israel continued to signed and ratify agreements with other states

about canceling the need of diplomatic staff families to have a visa (China,

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Botswana), and allowing diplomatic staff families to work in Israel (Turkey, Ukraine,

Guatemala).95

Enforcement of the prohibition of TMW couplehood96

The regulations of the Immigration Authority forbid couplehood between foreign

workers staying in Israel holding a work permit at the same time. During 2016/2017,

there was considerably greater enforcement of this policy. The Immigration Authority

approached the private bureaus with a request to receive information. Similarly, as

soon as a female foreign worker has a child, the Immigration Authority demands that

one of the parents leave Israel even if there are no relations between the parents. In

some cases affidavits were demanded from the workers and their employers affirming

that the workers do not have a partner.

95

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2016/Pages/des1179.aspx

http://www.pmo.gov.il/Secretary/GovDecisions/2016/Pages/dec1084.aspx

http://www.pmo.gov.il/Secretary/GovDecisions/2017/Pages/des2309.aspx 96

Michal Tajar, Kav laOved, interview, 31/07/2017

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3. Palestinian Workers in Israel

Since the end of the 60's of the last century Palestinian work in Israel as daily

workers. Through the last decades there were different trends that were connected to

and influenced by the political and international relationship. In recent years the trend

is a substantial increase in the number of daily Palestinian workers.

3.1 Data97

2016

At the end of 2016 67,008 (2014: 46,503, 2015 51,781) Palestinians holding

permanent work permits and another 3,789 (2014: 5,229, 2015: 6,373 ) holders of

seasonal work permits were employed in Israel. The increase in the number of permit

holders continued through the whole year. 11.9% (2015: 11.7%) of the Palestinian

employed persons work in Israel and the Israeli Settlements.98

Between the years 2000 and 2011, the percentage of Palestinian workers in Israel

dropped by 70% (from 100,000 in 2000 to 30,000 in 2011). Nonetheless, since 2012

there is a constant rise in the number of Palestinians working in Israel under a permit,

mainly in the construction industry. Between 2011 and 2016 the quota's for

Palestinian workers increased to 68,900. The number of permit holders dabbled

between the end of 2011 and the end of 2016 and is growing staidly. It should be

noted that there is a decline in the share and utilization of seasonal permits.

Almost all the Palestinian workers in Israel are at least 22 years old and married, due

to security demands. Only Palestinian daily workers in east Jerusalem and hospitals in

Israel are exempt from being married and can be only 21 years old. Only 16,000

Palestinian workers with a regular (not seasonal) permit can stay in Israel overnight,

all of them are at least 22 years old and married.

97

Data in this Chapter is based on the Defense Ministry Civil Administration, Emails, 04/07/2016,

05/07/2017 other sources are mentioned in the specific tables.

98

Labour Force Survey 2015, Press release,

http://www.pcbs.gov.ps/portals/_pcbs/PressRelease/Press_En_LFS2015E.pdf

http://www.pcbs.gov.ps/portals/_pcbs/PressRelease/Press_En_16-12-2017-LF-en.pdf

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2017

As of 31.03.2017 66,891 (30.06.2016: 53,879) Palestinians holding permanent work

permits and 2624 (5,687) holders of seasonal work permits were employed in Israel,

another increase in the total number of active permit holders (more workers with

permanent permit).

Table 43: Quotas of Palestinian workers in Israel in recent years

Permanent quota Seasonal quota total

12/2011 25,000 5,000 30,000

12/2012 39,300 8,050 47,350

12/2013 44,300 7,150 51,450

12/2014 48,900 7,950 56,850

06/2015 48,900 5,550 54,450

12/2015 52,900 8,250 61,150

03/2016 54,980 5,920 60,900

06/2016 56,980 6,420 63,400

12/2016 68,900 5,500 74,400

03/2017 76,000 3,500 79,500

06/2017 77,300 3,000 80,300

Between the end of 2011 and the first quarter of 2017 there was a constant increase in

the quota of Palestinian workers mainly in the field of construction. Every year since

2012 the governments had a decision to increase the quota of construction workers99

.

In March 2016 in Gov. Decision 1236 the government decided to reduce the quota of

construction foreign workers and to add a new quota of Palestinian workers,

according to the new Decision till the end of 2016 the quota of Palestinian workers in

construction was raised in 7,000 workers and the quota of Palestinian workers in the

Atarot industry zone (North Jerusalem) grow in another 800 workers.100

99

in Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2012/Pages/des4970.aspx

http://www.pmo.gov.il/Secretary/GovDecisions/2012/Pages/des5241.aspx

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In December 2016, in Gov. Decision 2174, the quota was raised again in another

22,000 till the end of 2017.101

Table 44: Total number of Palestinian permit holders in Israel 2011-03.2017

From the

permanent quota

From the

seasonal quota

total

12/2011 26,020 4,877 30,897

12/2012 31,801 5,588 37,389

12/2013 37,748 4,983 42,731

06/2014 42,676 3,857 46,533

12/2014 46,503 5,229 51,732

06/2015 46,117 4,617 50,734

12/2015 51,781 6,373 58,154

03/2016 52,536 5,689 58,225

06/2016 53,879 5,687 59,536

12/2016 63,2019 3,789 67,008

03/2017 66,891 2,624 69,533

Table 45: Percentage of utilized quota (total) 2011-03.2017

Total Quota Permit Holders Percentage of

realization

12/2011 30,000 30,897 103%

12/2012 47,350 37,389 72.2%

12/2013 51,450 42,731 82.3%

06/2014 49,250 46,533 94.1%

http://www.pmo.gov.il/Secretary/GovDecisions/2013/Pages/des733.aspx

http://www.pmo.gov.il/Secretary/GovDecisions/2014/Pages/des2033.aspx

http://www.pmo.gov.il/secretary/GovDecisions/2015/Pages/dec317.aspx 100

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2016/Pages/dec1236.aspx 101

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2016/Pages/dec2174.aspx

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12/2014 56,850 51,732 91%

06/2015 54,450 50,734 93.2%

12/2015 61,150 58,154 95.1%

03/2016 60,900 58,225 95.6%

06/2016 63,400 59,536 94%

12/2016 74,400 67,008 90.2%

03/2017 79,500 69,533 87.5%

The Utilization share of the quota record was in the first quarter of 2016. Between

then and the first quarter of 2017 there was a sharp decline in the rate of utilization.

Yet the total number of workers grows in 11,000 workers. The main reasons for the

decline were the seasonal agriculture low utilization of permits and the outgoing

procedure for granting permits after Gov. Decision 2174 from December 2016.

As of March 2017 the quota's for permanent Palestinian workers was 82,000

(03.2016: 60,900) But only 69,533 (58,225) were actually utilized. 52,423 (41,328)

Palestinian workers are employed in construction, 7,590 (4,798) in agriculture and

2,129 (2,192) in industry. 2,642 (4,617) Palestinians hold a permit for seasonal work

in agriculture. In addition, 4,292 (4,218) Palestinian residents of the West Bank hold a

permit to work in East Jerusalem. The most substantial growth was in the construction

sector, there was a growth also in the number of workers in the agriculture sector.

Aside from Palestinian workers who hold a permit to work in Israel, there are several

thousand Palestinians who have entered Israel without a permit and are designated as

illegal residents (table 50).

In comparison to 2015-2016 there was an increase in the quota and an increase in the

total number of active permit holders. The same tendency of 2012-2016 continues

with another increase in the total number of active permit holders (with the change of

having again also more workers with seasonal permit, parallel to more workers with

permanent permit).

Palestinian workers in Israel are mainly day laborers, and they enter Israel through the

border crossings between Israel and the West Bank. Every Palestinian worker is

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issued a work permit by the Civil Administration of the Defense Ministry which

serves as an entry permit to Israel for purposes of work.

Table 46: Quota's and permit holders 2016-2017 (01-03/2017) for Palestinian workers

with a yearly permit (without east Jerusalem)

2016

quota

2016

permits

2016

Used quota

2017

quota

2017

permits

2017

Used quota

Constructions 54,100 48,281 89.7% 58,100 52,423 90.3%

Industry and

Service

2,250 2,162 96% 4,450 2129 48%

Agriculture 14,750 11,833 80.1% 14,000 10,232 73.4%

Health Sector 270 248 91.9% 270 248 91.9%

Total 71,370 62524 87.7% 76,820 65,032 84.7%

During 2016, it can be shown that the number of Palestinian permit holders increased

significantly, mainly during the second half of the year. During the first quarter of 2017 in all

the sectors the number of workers increased, but the percentage of used permits declined.

There is a gap between the growth in the quota and the utilization, since the growth in the

quota that was decided on in Gov. Decision 2174 was for the whole year it can be assumed

that by the end of the year the share of permit holders will raise as it was in recent years.

Table 47: Palestinian with Seasonal Permit yearly trend 2012-2017102

Unuse quota Permits Quota

30.6% 5,588 8,050 12/2012

30.3% 4,983 7,150 12/2013

33.9% 5,229 7,950103

12/2014

16.8% 4,617 5,550 06/2015

102

The seasonal Permits are given for work in those main fields: Plantations, Olives, Almond and

Strawberry, vegetables. 103

The Immigration Authority stated that the seasonal permit quota for 2014 war 8,150 and not 7,950.

In Hebrew: http://www.piba.gov.il/PublicationAndTender/Documents/FOI2014.pdf

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27.5% 5,531 7,650 09/2015

21.7% 6,473 8,250 12/2015

3.8% 5,689 5,920 03/2016

12% 5,409 6,150 06/2016

31% 3,789 5,500 12/2016

25% 2,624 3,500 03/2017

The quotas for seasonal workers are in decline since the end of 2015. Although the numbers

change between the quarters and the different seasonal quotas, it is clear that the total number

of seasonal quota is in decline and the utilization of the quota is also lower. There is a higher

quota for permanent quotas in the agriculture sector.

Table 48: Palestinians from the west bank with a working permit in Jerusalem

2016-2017 (01-03.2017)

2016

quota

2016

permits

2016

Used

quota

2017

quota

2017

permits

2017

Used

quota

Health East

Jerusalem

1,980 1,865 94.2% 1980 1848 93.3%

Hotels East

Jerusalem

300 196 65.3% 300 208 69.3%

Industry East

Jerusalem

2,350 2,275 96.8% 2,350 2,275 96.8%

Total 4,630 4,336 93.9% 4,630 4,331 93.9%

Between the first half of 2016 and second half of the year, there was another small

decline in the utilization of the quotas for Palestinian workers from the west bank in East

Jerusalem but no changes in the quota itself. There was slight decline I the number and

rate of workers in the first quarter of 2017. As it was in recent years the numbers and

percentage of Palestinian permit holders remained very high.

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Table 49: Palestinians with Work Permits Employed by Israelis in Judea and

Samaria 2011-2017

Construction Services Industry &

Agriculture

total

2011 12,674 3,173 6,165 23,499

2012 11,999 3,284 6,578 22,959

2013 13,399 3,597 6,535 24,812

2014 13,735 3,915 7,206 25,817

06/2015 14,339 4,230 7,753 26,456

12/2015 14,348 4,291 8,422 27,061

03/2016 14,265 4,387 8,980 27,632

06/2016 14,533 4,527 8,373 28,235

12/2016 15,166 4,699 9,696 29,561

03/2017 15,765 4,784 9,831 30,380

In addition to the Palestinians working in Israel, Palestinian workers are also employed in

Israeli settlements in the West Bank. Since the decline in the number of Palestinian workers

employed by Israelis in Judea and Samaria between 2011 and 2012 there is a constant growth

in the number of those workers, yet this growth is not as sharp as the growth in the number of

Palestinian workers in Israel. In the west bank as in Israel itself the Palestinian workers work

mainly in construction and agriculture but also in Industry and services. It should be noted

that the Palestinian central bureau of statistic published a different data stating that the

number of Palestinian workers in the settlements is in decline.

In 2007 the Israeli high court ruled that Palestinian workers working for Israeli employer in

the Israeli settlements are entitled for the Israeli minimum wage. On July 19 2015 the state

court for labour decided that Palestinian worker in Industrial parks that are not a part of an

Israeli settlement can be employed under the 1967 version of Jordanian labour law. The

Jordanian law grants fewer rights than the Israeli.

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It should be noted that in Israel and the settlements there are not just Palestinian workers with

permit but also workers with no permit. The number of those workers is calculated by the

Palestinian Central bureau of statistic.

Table 50: Palestinian workers in Israel 2014-2017 (quarterly) including workers

with no permit104

quarter Workers

with permits

Workers

Without

Permits

(Pcbs)

Workers in

the

settlements

Total in

Israel and

the

settlements*

Total only in

Israel**

02/2014 46,533 38,000 24,200 108,733 84,533

03/2014 48,763 29,000 20,600 98,363 77,763

04/2014 51,732 27,800 20,200 99,732 79,532

01/2015 52,412 39,300 20,900 112,612 91,712

02/2015 50,734 37,600 20,300 108,634 88,334

03/2015 52,713 35,900 22,100 110,713 88,613

04/2015 58,154 33,400 26,300 117,854 91,554

01/2016 58,225 38,400 27,632 124,257 96,625

02/2016 59,536 40,600 28,235 128,371 100,136

03/2016 65,207 42,700 29,771 137,678 107,907

04/2016 67,008 46,400 29,561 142,969 113,408

01/2017 69,533 48,700 30,380 148,613 118,233

104

The Palestinian central bureau of statistic, http://www.pcbs.gov.ps/pcbs_2012/PressEn.aspx

http://www.pcbs.gov.ps/portals/_pcbs/PressRelease/Press_En_8-5-2017-LF-en.pdf the Palestinian

central bureau of statistic includes in the data Palestinian with Israeli or other nationality. In this table

those who have another citizenship are not included. The Palestinian calculation is an average of every

week in three months period. There are slight differences between the Israeli and the Palestinian

numbers.

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*Israeli data for permit workers in Israel and the Israeli settlements and the Palestinian data

for the workers without permits.

** Israeli data for permit workers in Israel and the Palestinian data for the workers without

permits.

From the Palestinian central bureau of statistic we can learn that in addition to the workers

who work in Israel with permit there are about 49,000 workers who work in Israel without a

permit. There is a difference between the number of permit workers as reported by Israel and

the number of permit workers as reported by the Palestinian, yet the trends are the same, a

constant growth in the number of workers in recent years.

Table 51: Palestinian workers in Israel (2014-2017) workers with and without permit by

Israeli and Palestinian data105

Quota* Permit

Holders*

Total number

of Palestinian

workers

(Pcbs)**

Assumed number of

workers without

permits

02/2014 49,250 46,533 71,400 24,867

04/2014 56,850 51,732 70,400 18,668

01/2015 53,850 52,412 77,100 24,688

02/2015 54,450 50,734 78,600 27,866

03/2015 61,850 52,713 78,900 26,187

04/2015 61,150 58,154 87,800 29,646

01/2016 60,900 58,225 88,600 30,375

02/2016 63,400 59,536 94,900 35,364

03/2016 75,400 65,207 101,000 35,793

04/2016 74,400 67,008 103,400 36,392

01/2017 82,000 69,533 106,400 36,867

*Israel ministry of defense ** Palestinian central bureau of statistic, weekly average

105

The Palestinian central bureau of statistic,

http://www.pcbs.gov.ps/portals/_pcbs/PressRelease/Press_En_8-5-2017-LF-en.pdf

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In addition to the workers quota who works in Israel there are other quotas that are not

defined as based on demand for workforce in the Israeli labor market. Those quotas are

not being discussed and managed with the regular quotas of daily Palestinian workers.

Teachers and religious organization workers in east Jerusalem or Merchants and senior

businessman, have working permits in special quotas, part of several different

arrangements, agreements, bilateral agreements, protocols and procedures between the

state of Israel the Palestinian authority, other states and international organizations.

Table 52: special quotas for specific workers students and business106

quota Age required for Permit

Church Workers 1,200 25+

Other religious employers

workers

250 25+

Teachers (East Jerusalem) 450 25+

Merchants 22,000 25+

International Organization

workers

2,200 22+

Senior Businessman 2,400 -

East Jerusalem Electricity

company

150 -

Tourist Guides 50 -

Tourist workers 500 -

3.2 Policy changes

The ongoing trend of increasing the quota and quota realization of Palestinian workers

Palestinian employment in Israel is affected by the needs of the labor market as well as by

national, political and security considerations. The increases in the quota of Palestinian

workers decided upon by the government in 2011-2016 and the discussions being held today

concerning a possible further increase in the quota are also a function of these factors.

106

Coordination of government Activities in the Territories (cogat), periodic update, 10/07/2017. In

Hebrew:

http://www.cogat.mod.gov.il/he/services/Procedure/%D7%A1%D7%98%D7%98%D7%95%D7%A1

%20%D7%94%D7%A8%D7%A9%D7%90%D7%95%D7%AA.pdf#search=%D7%A1%D7%98%D7

%98%D7%95%D7%A1%20%D7%94%D7%A8%D7%A9%D7%90%D7%95%D7%AA

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In the years 2016 and 2017 the Israeli Government continued with new additions to the quota

of Palestinian workers in Israel, as it was in recent years. In 2016 and 2017 the main policy

change was the growth in permanent permits and the decline in seasonal permits in the

agriculture sector. The trend is constant since 2011, a growth in the number of Palestinian

workers. In the year 2000, 100,000 Palestinian workers with permit were working in Israel,

in 2005 the number declined to 25,000 (only 25% of the 2000 number of permit holder

workers) since 2012 the increase in the numbers is significant.

In Gov. Decision 1236 from March 2016 the government decided not only on new quotas but

also on an examination of the permit and employment system For the purpose of regulating

the employment policies of Palestinian workers. As a part of the Decision a part of the new

quota was to be realized only after a new decision on the employment system will be

accepted.107

In July 2016, in a new Gov. Decision (1660), the government decided to allow a

new quota of workers to be realized till the end of 2016.108

In December 2016 a new quota

for the whole next year was decided in Gov. Decision 2174 with a general new quota.109

If

the new quota will be given fully till the end of the 2017, the number of Palestinian workers

will stand for the first time in 15 years, almost as it was in 2000-2001.

Table 53: Palestinian worker's quota in Israel 2000-2017 (In thousands)

Year Number of

workers

with

permit

Percentage

from the

quota in

2000

Year Number of

workers

with

permit

Percentage

from the

quota in

2000

2000 100 - 2013 51.45 51.45%

2005 25 25% 2014 56.85 56.85%

2010 29.5 29.5% 2015 61.15 61.15%

2011 30 30% 2016 74,400 74.4%

2012 47.35 47.35% 2017

(01-

03/2017)

96,600

(82,000)

96.6%

(82%)

107

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2016/Pages/dec1236.aspx 108

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2016/Pages/dec1660.aspx 109

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2016/Pages/dec2174.aspx

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A new employment model for Palestinian workers in construction

As a part of Gov. Decision 1236 a governmental team wrote a report on the models of

employment for Palestinian workers in Construction. The committee's conclusions were to

recommend employment that would permit free movement between employers, would

reduce the workers' dependence on employers and would increase their income through

abolishing the need to pay mediation fees and service charges to employers and agents in the

sector. The government adopted the committee conclusions in Gov. Decision 2174.

The new model adopted by the government not actually implemented as of September 2017.

The main reason to the change of employment methods is the illegal fees being paid by the

Palestinian workers to their employer on record, although the workers have to work only by

the employer who has a permit, it is known that Palestinian workers not always work for the

permit holder.

Today it is clear that between the list of those holding a permit and the list of actual

employers there is an increasing discrepancy, and the employers who allegedly have permits

use these permits to collect broker's fees from the workers which could be as much as one-

third of their wages. It should be noted that even actual employers do not always deposit for

the worker all the allocations and conditions as required by law. The new method of

employment proposed will abolish the link between the worker and the permit holder and

replace it with a permit for the worker himself, and it is recommended that the worker's

wages and social benefits be transferred on-line so as the prevent non-payment of benefits

according to law.

A new Increase in the quota of Palestinian workers for 2017

In Gov. Decision 2174 the government decided on a new quota of Palestinian workers. In the

decision the government decided on a new quota for the whole year of 2017 in advance and

for all the main fields of Palestinian workers employment. In specified terms and conditions

the total quota of Palestinian workers can increase in another 22,000 daily workers till the

end of 2017.

Table 54: The new quota for 2017 in division for fields of employment

construction Agriculture

seasonal

Agriculture

yearly

Industry

2017 +16,300 +1,500 +2,000 +2,200

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In Gov. Decision 2469 from March 2017, the government decided to release the quota for the

whole year in Industry and allow changes between the different sub quotas up to 600 daily

Palestinian workers (mainly from agriculture to industry).110

The new data of the periodic

Cogat update (10/07/2017) shows the new full quota in Industry is valid.111

Palestinian workers in Industrial Zones that are not in Israel are not entitled to the

protection of the Israeli labor laws

On July 20 2016 the national Labor Court ruled that in industrial zones in the west bank that

are not a part of a settlement the Palestinian workers are not entitled to the protection of the

Israeli labor law but to the old Jordanian labor law. It should be noted that the Palestinian

workers are entitled to the Israeli minimum celery.

Lawsuit deposit for not Israeli resident employees

The theme of workers' rights violation in the Israeli settlements in the Jordan valley was

discussed in the Israeli public debate in recent years. Recently there was an increase in the

number of Palestinian workers suing they're employers. On July 15 2016, the ministry of

Justice published new regulations.112

The new regulations stated that a judge would have the

discretion to fix the amount of the security deposit required from an employee in Israel or of

an Israeli employer in the west bank who is not an Israeli resident and whose country of

origin is not a signatory to the Hague convention (for example, a resident of the Palestinian

Authority, Sudan, or Eritrea) and who is suing his employer in the labor court. A lawsuit

objecting to these regulations was filed in the High Court of Justice claiming that the aim of

the regulations was to bring about a situation in which workers whose rights had been

infringed would be deterred from filing suit due to the financial burden this entails.

Reduce of the tax credit to Palestinian workers

Every resident of Israel and foreign worker with a legal work permit is entitled to an

automatic credit of 2.25 points in his income tax obligation. In August 2016, the Ministry of

Finance suggested lowering the credit points given to Palestinian workers to 1.25 credit

110

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2017/Pages/des2469.aspx 111

In Hebrew:

http://www.cogat.mod.gov.il/he/services/Procedure/%D7%A1%D7%98%D7%98%D7%95%D7%A1

%20%D7%94%D7%A8%D7%A9%D7%90%D7%95%D7%AA.pdf#search=%D7%A1%D7%98%D7

%98%D7%95%D7%A1%20%D7%94%D7%A8%D7%A9%D7%90%D7%95%D7%AA 112

In Hebrew: http://www.justice.gov.il/Units/Reshomot/publications/Pages/Regulations.aspx

Regulation 6796.

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points from 2019 onwards and to just one point for the years 2017-2018. 113 Among the

reasons put forward for this order as it was submitted to the Finance Committee of the

Knesset, was the recommendation of the World Bank that net payments to Palestinian

workers in Israel should be reduced in order to decrease the incentive for this work, to

increase the tax transfers to the Palestinian Authority for workers' employment in Israel in

terms of the Paris Agreements (75% of the tax on Palestinian workers in Israel and 100% of

the tax on Palestinian workers in the West Bank). The proposal was also justified as

stemming from the need to finance the steps detailed in Government Decision 1236 which,

among other things, was aimed at increasing the number of Palestinian workers in Israel. The

proposal wasn’t approved by the Finance committee of the Knesset.

In June 2016 after a wave of terror attacks on Israeli settlements in the southern part of the

west bank the government sustained working permits of workers from the same place of

residence of the terrorists.

Reexamining the sick day payment fond

Employers of Palestinian worker pay a special payment (2.5%) from the worker wages, to a

sick day payment fond, of which Palestinian workers who are sick supposed to be payed

from when they are sick. The utilization of the fond is very low (about 300 million NIS are in

the fond since the utilization of the money is very low) and it is very rare that a Palestinian

worker in Israel is using the fond; most of them don’t have the information about the fond or

about the procedure.114

On September 2017 the Immigration Authority published that she is

considering the cancellation of the fond since it may be in the benefit of the workers to be

payed directly by the employers and not through the fond.115

113

In Hebrew: http://fs.knesset.gov.il/20/Committees/20_cs_bg_348008.pdf 114

Michal Tajar, Kav laOved, interview, 30/07/2017. 115

In Hebrew:

https://www.gov.il/he/Departments/policies/request_for_opinion_regarding_payment_and_charging_of

_sick_days

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4. Foreign Who Entered Israel Not under a Foreign Work

Permit (with tourist permit) and haven't left

In Israel there is a population of foreigners who entered the country legally on a

tourist visa and have remained illegally after their visa expired116

. Experts in the

Ministry of Interior and the Ministry of Industry, Trade and Labor estimate that the

preponderant majority of these foreigners remain in Israel in order to work. Deporting

these foreigners presents a problem, because of the difficulty in locating and

identifying them, since, unlike infiltrators and legal foreign workers, tourists who

enter the country legally and remain illegally work in a wider range of occupations,

over a wider geographical distribution, and do not tend to live in areas typical of

foreign workers, illegal migrants and asylum seekers.

In 2016 Foreigners who entered Israel on a tourist visa and remained to work illegally

account for 82.6% (2015: 83.4, 2014: 85%) of all foreigners working in Israel without

a work permit (another 17/4% (2015: 16.6%,2014:15%) were foreign workers who

lost status).

4.1 Data

Table 55: Foreigners Who Entered Israel on a Tourist Visa since 2001 and

Remained after Its Expiry117

Year 2001 2002 2003 2004 2006 2007 2008 2009

Number

of illegal

residents

139,000 124,000 104,000 97,000 84,000 90,000 107,000 101,000

Year 2010 2011 2012 2013 2014 2015 2016

Number

of illegal

residents

95,000 92,000 93,000 90,000 91,000 79,000 74,000

The number of foreign who hasn't left Israel in the end of their visa period is in

decline since the beginning of the millennia. In comparison to 2001 there is a decline

of 46.8% in the total number of this population. It should be noted that the decline

116

See in greater detail: The Knesset Research and Information Center, Deportation of Illegal Foreign

Workers from Israel, Gilad Nathan, June 17, 2009, (in Hebrew),

http://www.knesset.gov.il/mmm/data/pdf/ m02279.pdf. 117

http://www.piba.gov.il/PublicationAndTender/ForeignWorkersStat/Documents/563343n80.pdf

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between 2014 and 2015 is a mixture of one technical decision to remove the Jordanian

tourist who haven’t left Israel from this population and of another decline in this

population.118

About half of the decline between 2014 (91,000) and 2015 (79,000) is

due to the removing of the Jordanian from the calculation.

Table 56: 10 main source countries of foreigners who remained after Tourist

Visa Expiry 2015-2016119

Country

2014

Number

(in 1000)

% Country

2015

Number

(in 1000)

%

Former USSR 52.5 66.9% Former USSR 51.3 69.3%

Romania 4.7 6% Romania 4.7 6.4%

Mexico 3.1 3.9% Mexico 2.7 3.6%

Turkey 1.6 2% Egypt 1.6 2.2%

Egypt 1.5 1.9% Venezuela 1.3 1.8%

Colombia 1.4 1.8% Colombia 1.2 1.6%

Venezuela 1.3 1.7% Peru 1.2 1.6%

Hungary 1.3 1.7% Hungary 1 1.4%

Czechoslovakia 1.3 1.7% Czechoslovakia 1 1.4%

Peru 1.3 1.7% Nepal 1 1.4%

67,000 (90.5%) came to Israel from 10 main countries (2015: 70,000 (88.6%) 2014:

75,700 (83.9%). Almost 70% third came from the former USSR.

4.2 Policy Changes

The Population and Immigration Authority is responsible for deporting anyone who

enters Israel without a work permit and remains in the country after their visa has

expired. On August 12, 2008, the 31st Israeli Government adopted, among a series of

decisions dealing with non-Israeli workers and with increased employment

118

Marina Sheps, CBS, Email, 27/07/2016. 119

http://www.cbs.gov.il/reader/newhodaot/hodaa_template.html?hodaa=201720217

http://www.cbs.gov.il/reader/newhodaot/hodaa_template.html?hodaa=201620232

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opportunities for Israelis, a decision (No. 3996)120

to deport illegal residents, in which

it set December 31, 2013 as the deadline by which the deportation of all illegal

workers in Israel and their family members would be completed.

During 2008-2016 the government failed to meet the deportation targets it had set

itself, and it also failed to target foreigners who had entered Israel on a tourist visa

and remained to work after their visa expired. In 2011, the number of deportations of

such foreigners stood at 771, decreasing to a mere 279 in the first half of 2012. In

2013 the number of deportations increased significantly to 1,591, than it decreased

again in 2014 with only 1,206 deported people.

Tourists who overstay their visas comprise the largest group of foreigners with an

unregulated status in Israel, but till 2013 were the smallest group among deportees

and even during 2013-2014 they still count for less than a half of the deportees: 1,591

(33.8%) from the total 4,699 deportees in 2013, and 1,206 (48%) from the total 2,507

in 2014. In 2015-2016 for the first time the share of tourists among deportees was

slightly more than 50%. All those years (2011-2015) the share of undocumented

tourist in the population of foreigners with no regulated status was about 80%. In

2015-2016 the share of tourist with no valid visa is growing parallel to a decline of

this population.

Table 57: Foreign with an unregulated status in Israel in Israel 2011-2016

2011 2012 2013 2014 2015 2016 06.2017

Tourist without

Visa

95,000 93,000 90,000 91,000 79,000 74,000 74,000

Foreign

Workers without

status

14,100 14,500 15,400 15,300 15,915 15,660 18,267

Share of Tourist

without visa

87% 86.4% 85.5% 85.6% 83.4% 82.6% 80.2%

120

In Hebrew: http://www.pmo.gov.il/PMO/Secretarial/bud/des3996.htm.

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Total 109,100 107,500 105,400 106,300 94,915 89,660 92,267

There is a trend of decline in the general number of people with unregulated status in

Israel. Yet while the number of tourist without visa is in sharp decline, the number of

TMW who have lost their status is in growing trend. This trend caused in 2017 to a

change in the general trend of decline.

Table 58: Deportation of Foreign (not including Palestinians and Asylum

Seekers who left voluntarily) 2011-2017121

2011 2012 2013 2014 2015 2016 06.2017

Tourist

with

expired

visa

711 279 1,591 1,206 1,668 1,836 1,001

Foreign

Workers

1,131 438 1,038 535 580 505 205

Others 1,925 576 2,070 766 868 880 1,255

Total 3,827 1,293 4,699 2,507 3,116 3,221 2,461

Table 59: Share of deported Foreigners from total foreigners without status

population 2011-2017

2011 2012 2013 2014 2015 2016 06.2017

Total

Population

109,100 107,500 105,400 106,300 94,915 89,660 92,267

Deports 3,827 1,293 4,699 2,507 3,116 3,221 2,461

Share of

deported

3.5% 1.2% 4.4% 2.4% 3.3% 3.6% 2.6%

121

In Hebrew:

http://www.piba.gov.il/PublicationAndTender/ForeignWorkersStat/Pages/default.aspxhttps://www.gov

.il/BlobFolder/reports/foreign_workers_report_q2_2016/he/q2_2016.pdf

https://www.gov.il/BlobFolder/reports/foreign_workers_report_q2_2017/he/foreign_workers_stats_q2

_2017.pdf

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5. Asylum Seekers and Mixed Migration (Infiltrators and People

under protection)

Today there are two main groups of population In Israel who seek protection and

asylum. The first group is mainly of resident of African states (mainly Eritrea and

Sudan) who infiltrated to Israel through the border between Egypt and Israel mainly

between the years 2007 and 2012, are entitled to protection and are being referred by

the government as Infiltrators. The second group is of asylum seekers who entered

Israel legally as tourist mainly from former USSR states and asked for asylum, most

of them since 2015.

With almost no possibility to get a recognition as asylum seekers, people from both

groups are integrated mainly and solely in the labour market. In recent years both the

burden on their employment and the evidence of exploitation of those groups are

growing substantially.

Infiltrators who seek asylum in Israel

Between the years 2005 and 2012 the State of Israel was a migration destination for

those considered as a client population of the United Nations High Commission for

Refugees (UNHCR), mainly through its southern border. Since mid-2012 the number

of entries to Israel declined sharply, after a record of more than 2,000 border crossing

a month in the first half of 2012. Since the beginning of 2013 and till July 2017 only

322 Infiltrators entered Israel through the border with Egypt.122

Most of those arriving

by this route are nationals of African countries (99%), and in recent years – mainly

Sudanese and Eritrean nationals. In recent years while some of Israel neighboring

states are defined by the UNHCR as Top Host States (Lebanon in the third place with

1,088,231 and Jordan in the sixth place with 689,053 people who are defined as

population of concern), Israel hosted much lower numbers.

Asylum seekers who haven't infiltrated

While the number of infiltrators declined, since the end of 2015 there is a new

increase in the number of entries to Israel in search of asylum. The new phenomena is

122

In Hebrew:

https://www.gov.il/BlobFolder/generalpage/foreign_workers_stats/he/summary_2016_new.pdf

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mainly of people who entered Israeli as tourist and asked for asylum when entering or

shortly after entering the state. Most of those new requests for asylum are of citizen of

Ukraine and Georgia.

There is a trend of growth in the number of asylum requests since 2014. While the

number and share of African resident among asylum requests submitters is in decline,

there is a significant growth in the share of asylum seekers from former USSR states.

While the Infiltration of African subjects to Israel is very low, there is a substantial

growth in the number of people who enter Israel with tourist visa from former USSR

states. Since 2015 there is a sharp increase in the number of asylum requests

submitted by tourist from the former USSR countries. There is a consensus that most

of the asylum seekers coming to Israel as tourist from former USSR states are labor

migrant that are using the bureaucratic failures of the asylum system in Israel to get a

status that allows them to work here. Since the beginning of 2017 the Immigration

authority is refusing the entrance of significantly more people coming from the main

source states,123

and there is a growing awareness to the possibility of human

trafficking and asylum industry in Israel and the source countries.

Rights and Status

The majority of infiltrators to Israel receive group protection as asylum seekers, since,

according to the United Nations High Commission for Refugees, their life or liberty

will be endangered if they are returned to their home country or deported back to

Egypt (nearly all illegal migrants came to Israel through Egypt).

At present, the State of Israel recognizes citizens of Eritrea and Sudan as enjoying

temporary protection from deportation only. In recent years, more and more Eritreans

and Sudanese have been submitting individual applications for asylum, and, even

when these applications are rejected, there is still a policy of temporary non-

deportation with regard to the citizens of these countries. Nevertheless, Israel

encourages the population enjoying temporary protection from deportation to leave

Israel using various means such as the program for leaving of their own volition, by

means of employing administrative and other steps intended to make their daily lives

123

In Hebrew, the new procedure of entrance refusal:

https://www.gov.il/BlobFolder/policy/israeli_international_borders_passby_handling_procedure/he/6.4

.0010_0.pdf

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more difficult, and by means of statements by Ministers and other officials about this

population.

Those entitled to temporary group protection from deportation receive a residence

permit, allowing them the right to stay in Israel, in addition to which they are entitled

to the rights granted to any person by virtue of staying in Israel, regardless of their

civil status, such as emergency medical treatment (under section 3(b) of the Patient's

Rights Law, 1996). Furthermore, all foreigners working in Israel are subject to its

labor laws, regardless of their status. It should be noted that since 2013 people who

had this protection can and are be submitted to enter a detention facility. The facility

itself is opened during the day time. The residents are being counted twice a day

(morning and night).

Minors in this population are entitled to health, education and welfare services, since

these are considered universal rights under the United Nations Convention on the

Rights of the Child; however each ministry has discretion in interpreting the

obligations of the state under the convention. Thus, whereas the Education and Health

Ministries grants every minor access to a basket of basic services, the Welfare

Ministry applies a narrow interpretation, granting services only in extreme cases.

Throughout 2013, The Ministry of Welfare and Social Services has shown more

involvement, especially in relation to those infiltrators who were recognized as Sinai

trafficking victims.

During the First months of 2015 some children in the ages of 0-3 died in private

kinder gardens of foreign workers children. In Israel the state is responsible for

children educational frame works only from the age of 3, and the common frame

works cost between one third and a half of the minimum wage. After some deaths the

government decided to enforce inspection and to subsidies the opening of new

educational frame works with a budget of 14 million NIS a year for the years 2015-

2019,124

(government decision 2487, April 08 2015).125

It should be noted that not all

the sources that were defined in the government decision are available. And there

124

In Hebrew: http://fs.knesset.gov.il//20/Committees/20_ptv_309676.doc 125

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2015/Pages/des2487.aspx

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were more cases of infant deaths in the private uninspected kinder gardens of foreign

children.

Most of the asylum seekers who entered Israel in recent years (2015-2017) come from

former USSR states. They get a permit to stay and work in Israel during the request

exanimation period. They are treated as working foreigner and not as infiltrators.

At the end of 2016 there were in Israel 40,274 (2014: 43,186) Africans infiltrators and

asylum seekers, as of mid-2017 the number decreased again to 38,540 (mid 2016:

41,477). About one third of all Infiltrators and Asylum Seekers who entered Israel

since 2005 (more than 65,000) left Israel since 2013 due to the government policy

which encourage them to leave the state or be exposed to the possibility of arrest. The

great majority of who are entitled to group protection, including about 3,200 who are

under custody). It is noteworthy that according to various estimates, there are

approximately 6,000-8,000 minors that were born to infiltrator and asylum seeker

population in Israel (the Immigration Authority estimates that since 2013 more than

5,000 infiltrators children were born in Israel). However, due to an absence of

organized records of those born in Israel within this population, the size of the minor

population cannot be accurately measured.

In mid-2017 17,742 not-Israeli pupils were studying in the Education public

kindergartens and schools (ages 3-18). This number includes all the not Israeli pupils

from children of embassies staff to children of families waiting for family

reunification (residents of the Palestinian authority and others), TMW children and

children who were born to Infiltrators, asylum seekers and persons under protections.

About 10% of all not-Israeli pupils studied in Tel Aviv, 32% in Jerusalem. As noted

the partition of the not-Israeli pupils to the different status groups cannot be

determined, yet we can assume that there is a connection between the growth in the

number of children especially among children in kindergarten and the assumed

growth in the number of children of African residents who infiltrated Israel and are

staying in Israel under protection from deportation or as asylum seekers.

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Table 60: Not Israeli pupils in the public education system 2014-06.2017

2014 2015 2016 2017

Kindergarten 1,006 1,317 3,860 5,390

Total number 11,636 12,229 15,593 17,742

The number of not Israeli pupils in the public education system is growing, mainly in

the kindergarten ages (3-6).

Till the end of 2016 14,135 asylum requests of people who haven't infiltrated Israel

were submitted. In the first half of 2017 more than 7,500 new asylum requests were

submitted.

The great majority of the infiltrator and asylum seeker populations have integrated

into the workforce, particularly in the fields of construction, tourism and hospitality

(hotels and restaurants) and in the service field (institutional cleaning services,

household cleaning and nursing care). Since the beginning of 2013, a few trends have

been prominent with regard to integration of asylum seekers and infiltrators into the

workforce:

a. Growing numbers of migration out of the center of Israel and their dispersion

in medium-sized cities in the south-western and northern parts of the country.

Nevertheless, this population‘s Biggest concentration has remained in the

center of Israel, primarily in southern Tel-Aviv. In the new centers of mixed

migration population that grew in cities like Jerusalem, Hadera, and Kiryat

Malachi, Rahat, Natanya, Haifa and Petah Tikva there is a need in services

like kinder gardens that are not always being given without interference of the

courts or state authorities.

Table 61: residence of Infiltrators (not including minors who were born in

Israel) in division to Tel Aviv and the rest of Israel 2014-06.2016126

Total number Tel Aviv-Jaffa Unregistered The rest of

Israel

2014 46,437 18,324 5,608 22,505

126

Answer of the immigration Authority to the research center of the Knesset, 07/06/2016 in Hebrew,

in: https://www.knesset.gov.il/mmm/data/pdf/m03790.pdf

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2015 43,186 17,433 5,255 20,498

06.2016 41,685 16,776 5,127 19,782

06.2017 38,540 14,920 5,000 18,620

There are some other estimation of the local authorities and the police, there are

several estimations about the minor which were born in Israel and are unregistered.

But the trend is clear, less than 40% of the Infiltrators population lives today in Tel

Aviv.

b. Integration into the traditional industry in fields where minimal professional

training is required and a low wage is paid. In addition to integrating into the

traditional industry, an outflow in the service field from the outsourcing cleaning

service field and the institutional nursing care field is also noticeable.

c. Since the beginning of increased entry by infiltrators and asylum seekers in 2007,

their integration into professions which traditionally, over the past decades, have been

abundant with foreign workers, especially in the hospitality and construction fields,

has been evident. Today there are still workers from this population in these fields, as

well as in the agriculture field. However, the government is acting to replace these

workers in the hospitality field with other foreign workers and is increasing quotas in

the construction field as well, in a manner which will affect their integration into the

field.

5.1 Data

In mid-2012 the uptrend in the number of infiltrators crossing into Israel from Egypt

stopped and the number of infiltrators started to decline sharply. Since, the numbers

are very low. There was an increase in the number last year, but even with about

500% increase, the number remains insignificant. And the trend of the first half of

2016 indicates that Israel is still not a destination country.

Table 62: Number of Infiltrators every year and per month 2011-2017

Number of Infiltrators Per Month

2011 17,285 1440

2012 10,436 869.6

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2013 45 3.75

2014 44 3.66

2015 227 18.9

2016 18 1.5

2017 0 0

In 2016 the number of new infiltrators decreased again and in 2017 stood on 0.

Infiltration to Israel is not a phenomenon since 2012.

Table 63: Number of people who infiltrated Israel staying in Israel since 2010

Year Infiltrators in

Israel

Year Infiltrators

in Israel

2010 33,273 2014 46,437

2011 54,497 2015 43,186

2012 55,180 2016 40,274

2013 52,961 30.06.2017 38,540

Since the end of 2012 15,906 Infiltrators have left Israel through the willingly leaving

procedure or by receiving protection status in a third country, almost 4,000 since the

beginning of 2016.

2017 began in similar fashion to the previous year; Israel cased to be destination for

irregular migration from Africa, the main reasons for that are:

The opener route to southern Europe. The main population Groups, who

entered Israel during the years 2009-2012 in increasing numbers, are now

trying to enter the EU.

Enforcement measures against the population of asylum seekers and long-term

detention in a close (at least nine months and up to 3 years) or open (at least

nine months and up to twelve months) facility and the option of forced

deportation to a third country of infiltrators immediately on their arrival have

reduced Israel's appeal as a destination.

The increasing difficulty of finding work in Israel and an increasing

uncertainty in upholding a permit that allows it holder to work.

The fence along the border with Egypt that prevents unrestricted passage over

an open area into Israel.

IDF action that prevents the entry of infiltrators.

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The security situation in the Sinai Peninsula.

A majority of the infiltrators living in Israel are Eritreans – continuing the trend since

2010. According to figures for June 2017, 71% of infiltrators arrived from Eritrea

(27,494), 20% from Sudan (7,869), must of the remainder 7%, (2,680) from other

African countries such as Ivory Coast and Ethiopia.127

Infiltrators crossing from Egypt

also included a small number of individuals from non-African countries (2%, 675),

such as Georgia, Turkey and North Korea. Entrants into Israel from Sudan (except

those arriving from South Sudan) are eligible for group protection by the very fact of

their entry to Israel, and not necessarily due to their situation in Sudan.

In the end of 2016 40,274 Infiltrators were living in Israel, 36,100, Man and 7,100

Women.128

It should be noted that in this number there is no record to the number of

children born in Israel to families of mixed migrant mainly families of asylum seekers

or people under group protection. There is an estimation that about 1,000 children are

being born every year in Israel to such families and that the total number of those

children is between 6,000 and 8,000.

Table 64: Number of Unregulated Migrants and Asylum Seekers Infiltrating

Israel in Recent Years

Annual number of

infiltrators leaving

Israel

Annual rate of

increase

Number of

infiltrators

entering Israel

1,383 2,814 2006

463 190% 5,393 2007

707 110% 9,171 2008

655 26% 5,307 2009

1,161 65% 14,637 2010

1,420 41% 17,285 2011

3,018 19% 10,436 2012

2,612 - 45 2013

127

In Hebrew:

https://www.gov.il/BlobFolder/reports/foreign_workers_report_q2_2017/he/foreign_workers_stats_q2

_2017.pdf 128

In Hebrew: http://www.cbs.gov.il/reader/newhodaot/hodaa_template.html?hodaa=201620232

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6,441 - 44 2014

3,381 510% 227 2015

3,246 - 18 2016

2,081 - - 01-06.2017

A person who has been found eligible for group protection may not submit, while

eligible for such protection, an application for an individual status examination (as

long as he has not been summand or is not in one of the facilities Holot or

Saharonim).

In 2012 infiltrators to Israel account for 0.18% of the UNHCR's client population in

2013 the share of Israel was 0.115%, in 2014 0.07% and in 2015 0.06%. The decline

in the Israeli share is a result of a global growth and a local decline.129

Since mid-2012 the number of entries declined. Between the end of 2012 and the end

of 2013 the Asylum Seekers population declined in almost 10,000 people (15%) and

this trend continues also in 2014 with almost no entries and again almost 6,500 people

who left Israel. 2015 began with the same trend with another decline of 700 people.

The trend continued and in the end of June 2016 the total number of mixed migrants

in Israel stood on 41,477, about 68% of the number in the end of 2012. This trend

continues as in previous years to stand in the base of the assumption that despite the

significant rise in the number of mixed migrants coming to Israel between 2006-2012

and the substantial increase in the number of people in a refugee-like state who are

entitled to group protection, as well as asylum seekers, the State of Israel is not among

the world's main destination countries for such migration.

Table 65: Population of Illegal Migrants and Asylum Seekers Based on Estimate

of the Population and Immigration Authority, 2009-2017

2010 2011 2012 2013 2014 2015 2016 01-

06.2017

Sudan 7,180 12,325 12,124 12,825 8,772 8,353 8,002 7,869

Eritrea 20,200 31,320 37,347 35,833 33,999 31,414 29,014 37,494

Total number of protected 31,130 47,700 53,500 49,098 43,211 40,207 37,016 33,185

129

http://www.unhcr.org/556725e69.html

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migrants

Total number of infiltrators 37,000 55,000 62,000 52,961 46,437 43,186 40,274 38,540

Infiltrators not ineligible for

group protection

5,850 7,300 8,500 3,863 3,226 2979 3,658 5,355

As noted, the majority of infiltrators to Israel are eligible for group protection. Among

those who are not eligible for group protection asylum seekers account for a notable

proportion. The share of granted asylum to Asylum Seekers is negligible, in 2013 as

in previous years less than 1% (For the sake of comparison, in the European Union

countries, 52% of asylum seekers receive a status).

Table 66: recognition of asylum seekers as refugees 2009-2016

New Asylum

Request

Examination Recognized refugees

2009 4,530 1,429 2

2010 5,391 3,688 6

2011 3,584 3,968 8

2012 1,096 1,896 6

2013 2,593 2,968 6

2014 584 3,500 17

2015 5,013 9,874 4

2016 14,837 12,695 2

Till Mid 2017, among the people who applied for a refugee status, about 16,000 were

infiltrators. About 9,000 cases were closed and about another 7,000 are still being

processed. Less than 0.1% of the asylum requests are being recognized.

Table 67: Asylum Requests main countries 2014-2016

Origin State 2014 2015 2016 Total

Ukraine 51 703 6,880 7,634

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Eritrea 1,203 3,586 1,992 6,781

Georgia 27 736 3,668 4,431

Sudan 903 1,162 636 2,701

Ethiopia 115 280 121 516

The Russian

Federation

- 14 395 409

Nigeria 133 146 109 388

Moldova - 22 302 324

Ghana 72 108 83 263

Other Origin

States

172 514 651 1,337

Total 2,676 7,271 14,837 24,784

As noted there is a change in the trends of asylum seekers. The share of Infiltrators

from the border with Egypt is in decrease and the share of tourists from the former

USSR state is increasing.

Table 68: Open procedures for recognition as refugees still that were submitted

between 2009-2016 still being in process

Year Number of

open

procedures

Year Number of

open

procedures

2009 326 2014 1,565

2010 217 2015 5,295

2011 64 2016 7,566

2012 187

2013 1,436 Total 14,644

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Table 69: Recognized Refugees in Israel by Country of Origin 2009-2016130

Origin Country Number of

recognized refugees

Origin Country Number of

recognized refugees

Mongolia 1 North Korea 3

South Sudan 1 Nepal 1

Zimbabwe 1 Cameroon 1

Ivory Coast 4 Ruanda 2

Ethiopia 8 Sudan 6

Eretria 4 Other 15

The State of Israel has not set quotas for refugees and asylum seekers and it

recognizes both based on its commitment to the UN Convention on Refugees. Apart

from recipients of refugee status, there are asylum seekers who receive welfare within

the frame work of the inter-ministerial committee on humanitarian matters, or other

sorts of temporary status.

Table 70: Infiltrators age groups 2016131

Age Total

0-14 1.4%

15-24 3.3%

25-34 62.6%

35-44 24.1%

45-54 6.3%

55-64 1.7%

65+ 0.6%

Out 40,300 in the end of 2016, 33,500 were man and only 6,700 women. The share of

women is growing while the total population is in decline. The reason is that mainly

man leave Israel in recent years.

130

http://www.acri.org.il/he/wp-content/uploads/2015/02/hit8665meshivim2-5-0215.pdf 131

In Hebrew: http://www.cbs.gov.il/reader/newhodaot/hodaa_template.html?hodaa=201720217

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5.2 Policy changes

Lack of a coherent policy on the population of non-deportable and asylum

seekers living in Israel

Israel has a population of about 40,000 people who are recognized as not deportable,

regarding which it has still not formulated any policy, apart from granting them a

right of residence based on the principle of non-refoulement. Infiltrators, illegal

migrants and asylum seekers have a basic right that is not officially entrenched – the

right to work (they are allowed to work through a policy of non-enforcement against

employers, according to the state's response in HCJ 6312/10). The population of

illegal migrants and asylum seekers lives within the jurisdiction of several local

authorities from which it receives services, mainly education services for minors,

including integration of the children into the education system and transport for

special-needs children. The state virtually does not participate in funding these

services, and the authorities bear almost the entire burden.

The State of Israel has not formulated a policy for coping with the phenomenon of

non-deportable mixed migration living in Israel, nor has it formulated a policy

regarding those found eligible for group protection, including the manner of

termination of the group protection. The State of Israel does not have an integration

policy for this population or refugee quota, and refugee status is awarded only to a

few people every year. Since 2013 there is an increasing pressure on Infiltrators to

leave Israel willingly. The decrease of the mixed migrant's population is a direct result

of the people who left Israel in this process. There is a lot of critic on the process and

how willingly it is.

According to human rights organizations the governmental policy is intentionally

vague. longer review times of requests to renew permits and status; receiving permits

which do not ban employment, but do explicitly imply that employing these permits’

owners is not beneficial to employers; reduce in the tax benefits to employers and to

the workers, actions of a procedural manner, which put a strain on the lives of

individuals within this population in Israel.132

132

http://hotline.org.il/en/publication/holotreporteng/ In Hebrew:

http://hotline.org.il/publication/2ndholotreport/, http://www.hrw.org/node/128691

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The case of Mutasim Ali is an example to the current policy.133

Mutasim an asylum

seeker from Darfur (Sudan) entered Israel in 2009, between 2010 and 2012 he tried to

submit an asylum request, he succeed in December 2012. His request wasn’t

answered and on April 2014 he was summand to Holot facility. On February 2015 he

appealed to a regional court against his holding in the facility clamming he should

except a decision regarding his appeal for an asylum status. On July 06 2015, after the

state couldn’t decide on his case, the state reported to the high court that he will be

released immediately. Mutasim Ali still hasn’t got an answer, there was no ruling in

the case so there is no legal precedent and every other asylum seeker who waits for

long period still have to wait or appeal for himself, but Mutasim himself can work

and stay in Israel.134

On June 2016, the Interior minister recognized Mutasim Ali as a

refugee the first asylum seeker from Darfur to be recognized. Since the decision in the

case of Mutasim Ali hundreds of asylum requests of Sudanese were submitted and 20

applied the District court in a demand to get answers for their requests. On June 2017

the ministry of interior declared 200 Sudanese from the region of Darfur will get a

temporary residency. On august 2017 the criteria for the temporary residency was

published, 200 Sudanese from the region of Darfur who are 45 years or older and

entered Israel before October 2011.135

It should be noted that 200 asylum seekers

from Darfur that are 45 years old and older are just a small group of the asylum

seekers in Israel, about 15,000 are waiting for a decision in their requests. Even those

200 were not recognized as refugees.

In another case an Ethiopian women who infiltrated Israel in 2007 that was declined

refugee status in Israel for several times, lived with an Israeli citizen and is the mother

of his child (who is an Israeli citizen). In here appeal to the court against the refusal of

the state to grant her a status in Israel, the state declared that: "the Israeli citizenship

of a minor is not a reason to grant a parent without a status, a legal status in Israel.

The principal of the minor best interest is not absolute while the Population and

Immigration Authority have the right to consider the Israeli migration policy and the

state interest not to give foreigners a status in Israel overcomes the minor best

133

In Hebrew: http://hotline.org.il/legal-action/ali2015/ 134

Asaf Weitzen, Director of Legal Department Hotline for Refugees and Migrants, Phone Call,

12/07/2015. 135

In Hebrew: https://www.gov.il/he/Departments/news/sudan_darfur_notice

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interest." On June 2016 the judge ruled the case should be returned to the

humanitarian committee for further examination.136

During the period of 2016/2017 the trend of encouraging people under non-deportable

status to leave Israel continued to be the main goal of the government policy. In the

work plan of the Population and Immigration Authority for the years 2017-2018 one

of the four main goals of the Authority is: "the reduction of the illegal resident and the

handling of the infiltration phenomenon. The plan focuses on promoting the voluntary

leaving, the maximum use of the open facility and enforcement on people who are

violating the terms of the resident permit and employers of infiltrators".137

The pressure on the population of non-deportable under group protection to leave

continued using several methods, voluntary departure is being practiced under the

Attorney General conditioned and his approval of the safe relocation policy on the

following criteria:138

There are no wars or general disturbances taking place in the third countries;

No UNHCR recommendations exist against relocation to the third countries;

The life and freedom of the individual are not at risk in the third countries

based on race, religion, nationality or membership in a particular social or

political group;

Relocated individuals in the third countries will have access to the asylum

procedure or enjoy temporary protection, or, at a minimum, these countries are

obligated to abide by the non-refoulement principle;

Torture or cruel and degrading treatment are prohibited in the third countries;

The third countries are obligated to allow the relocated individuals the means

to live in a dignified manner (or at least the possibility to stay and to work for

a living).

136

In Hebrew: court appeal 1945-14. 137

In Hebrew:

https://www.gov.il/BlobFolder/reports/work_program_of_piba_2017_2018/he/work%20program%20o

f%20the%20Population%20and%20Immigration%20Authority%20for%202017-18.pdf 138

Answer of the Israeli Immigration and Population Authority to the UK Home Office, 21/03/2016

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/543854/CIG_-_Eritrea_-

_Illegal_Exit_-_v3.0__August_2016_.pdf (P. 51-53)

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It should be noted that despite the absence of a clear declared policy, in addition to the

state’s continual refusal to legislatively regulate the treatment of the population

eligible for non-deportation through legislation, and the toughening of the treatment

of this population by the Ministry of Interior, there have been marked improvements

in accessibility to services provided by the Ministries of Health and Social Affairs

during the years 2016-2017 (while preserving the rights of minors granted by the

Ministries of Education, Health and Social Affairs thus far). Yet, Human rights

organization claim the policy is simple, to make the lives of the asylum seekers and

others under group protection hard so they will leave Israel.

In August 2016, the Tel Aviv Municipality announced that it intended to convert a

school in its jurisdiction and under its responsibility into a school for children of

foreign citizens. This is part of providing a response to the increasing numbers of the

population of non-Israeli minors living in its locality. The municipality's

announcement was met with vehement criticism on the part of the Prime Minister and

other ministers. Tel Aviv Municipality claimed that it was acting according to the

requirements of the law. Israel has a population of minors who are children of

foreigners that numbers several thousand and they are entitled to free education from

age 3 by law. In various places in Israel, in recent years, there have been problems in

registering the children of foreign citizens (the absolute majority of these are the

children of those entitled to temporary non-deportation) in education frameworks.

Nevertheless, the law and court opinions are clear and in every case that has reached

the courts; the court has ordered the authorities to find a place and solutions for the

children of foreign citizens in the education system in their locality.

In June 2017, it was announced that the Immigration Authority had commissioned a

study on the situation in Eritrea from an organization that supports the deportation of

infiltrators. The commissioning of the study was approved by the tenders' committee

of the Authority even though it did not comply with the standards. An appeal was

launched against the commissioning of the study; human rights organizations argued

against the selection of a body to conduct the study that was acting to deport

infiltrators and asylum seekers. In the court proceedings, the Immigration Authority

took the position that the research was intended to show the factual improvement in

the situation in Eritrea so that it would pave the way for deporting Eritreans back to

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their country. The Court encouraged the Authority to cancel the tender for procedural

reasons and the Authority complied.

Government Decision

Decision 1043 from January 24 2016 the government decided to promote a new

amendment to the infiltrators law. The new amendment was approved less than a

month later.139

Decision 1125 from February 11 2016 the government decided to promote the

voluntary leaving of infiltrators to third countries or their countries.140

Legislative changes

Prevention of Infiltration Law (Violations and Adjudication), 1954:

The Prevention of Infiltration Law, The deposit scheme, High Court rulings and

new Amendments 2016-2017

Immediately after the new legislation several Human Rights organization appealed

against it to the High Court.141

On August 11 2015, less than one year after the

cancelation of the last amendment the High Court gave a new ruling, this time the

court didn’t canceled the new amendment. The high court ordered to shorten the

maximum custody period from 20 months to 12 months, for the people who were

detained in "Holot" and ordered the Knesset to change the Maximum period in the

new amendment in not more than 6 months.142

Amendment Nu. 5 changed the law

according to the last high court ruling on February 2016.

In addition to the new changes concerning the open facility, a new amendment in the

infiltration law from January 2017,143

set a deposit for the people under temporary

group protection. The deposit It should be noted that the deposit for infiltrators (36%

of his salary, 16% employer part and 20% worker part) is much higher than the

deposit for foreign worker (not more than 700 NIS a month which equals about 15%

of the minimum wage). Another difference is that according to the new legislation an

infiltrator leaving Israel will be able to get not more than 67% of that amount of

139

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2016/Pages/dec1043.aspx 140

In Hebrew: http://www.pmo.gov.il/Secretary/GovDecisions/2016/Pages/dec1125.aspx 141

In Hebrew: http://www.acri.org.il/pdf/petitions/hit8665.pdf 142

In Hebrew: http://elyon1.court.gov.il/files/14/650/086/c15/14086650.c15.htm 143

In Hebrew: http://fs.knesset.gov.il//20/law/20_lsr_366894.pdf

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money.144

On May 2017, the new deposit regulation become effective. On June 2017

the finance and labor ministries singed a new regulation to lower the new deposit to

16.5% from the worker and 12.5% from the employer (3.5% less) the correction to the

new regulation were not singed by the interior minister and therefor were not ratified.

There is an appeal to the high court against the new deposit regulation.145

The UNHCR respond to the deposit as a part of the appeal process.146

In the response

submitted to the court the UNHCR criticize the scheme for a Deposit in the aspects

concerning the UNHCR destination population in Israel from the following reasons:

The scheme is at variance with international refugee and human rights law.

The scheme constitutes unlawful penalization for irregular entry.

The scheme is detrimental to the ability of maintaining an adequate standard of living.

The scheme interferes with the right to engage in wage-earning employment.

The scheme fails to ensure the right to equal remuneration for work of equal value,

social security and property.

In the conclusion it is stated that: "UNHCR considers the deposit of funds scheme

constitutes a penalty contrary to Article 31 of the 1951 Refugee Convention. UNHCR

further considers that these amendments will have a major negative impact on the

basic rights of asylum-seekers and persons in a refugee-like situation. Owing to the

high rate of the deduction, and its discriminatory and punitive nature, the new

provisions may further deprive persons in need of international protection of their

right to a decent living and enjoyment of associated basic rights, with dire

consequences for them and their families".147

The deposit is a significant burden on the Infiltrators population. In a lot of cases

infiltrators are resigning working places and begin to work undocumented, this new

trend is in the source of many complaints against workers exploitations. In the few

cases in which infiltrators left Israel since the new regulation they haven't got their

144

This data from the state answer to the high court (in Hebrew): http://www.acri.org.il/he/wp-

content/uploads/2015/01/hit8665meshivim2-5-0115.pdf 145

In Hebrew: http://www.acri.org.il/he/wp-content/uploads/2017/03/bagatz2293-17-asylum-seekers-

wages.pdf 146

http://www.acri.org.il/he/wp-content/uploads/2017/07/bagatz2293-17-asylum-seekers-wages-

UNHCR-0717.pdf 147

Ibid

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deposit, employers testify they can't deposit the deposit money. There are also

complaints against the calculations of the deposit reduction.148

Appeals Court

Further to an amendment to the Entry into Israel Law, legislated in 2011, an appeals

court regarding resolutions related to this law was founded in June 2014. The original

bill included a suggestion to found a court for foreigners, and the name was changed

following a criticism. The court is authorized to address all matters regarding the

status and the immigration of foreigners into Israel and is directly subject to the

Ministry of Justice (the Executive Authority) and not to the Administration of Courts

(the Judicial Authority).

The Appeals Court (an administrative court) deals with all subjects related to appeals

by foreigners with regard to their status (decisions of the immigration authority). The

judges in this court are appointed by the Ministry of Justice. The court is

overburdened and this contributes to lengthy delays in the procedures. Furthermore,

the process of appealing decisions of the court is complicated and the Supreme Court

constitutes the second instance of appeal, rather than the first as was customary in the

past. It has been claimed that the appeals courts do not make decisions based on

general principles. Nevertheless, in September 2016, the Jerusalem Court of Appeals

issued a decision rejecting the opinion, written by the legal advisor to the Immigration

Authority, according to which desertion from the Eritrean Army, does not constitute a

reason for obtaining refugee status. The State has announced its intention of appealing

this decision.

Employment policy149

Illegal Migrants and some of the Asylum Seekers come to Israel mainly because of

better earning opportunities than in the neighboring countries. As noted, most migrants

receive a residence permit based on their eligibility for group protection. The residence

permit is not a work permit and does not confer on asylum seekers a right to work in

Israel, but nevertheless almost all holders of a residence permit are engaged in work.

The lack of clarity on the employment rights of illegal migrants and asylum seekers,

compounded by the absence of enforcement against employers in sectors and

148

Noa Kaufmann, Kav LaOved, Interview, 01/08/2017 149

In Hebrew: http://www.piba.gov.il/SUBJECT/FOREIGNWORKERS/Pages/oz_mistanenim.aspx

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employment centers with a high percentage of unauthorized workers, and by the failure

to educate both employers and migrant workers on the subject, are apparently key

reasons why forms of criminal abuse which formerly were practiced against

documented foreign workers are today the subject of complaints among undocumented

workers.

As noted, the possibility of working in Israel was a strong drawing point for infiltrators

and is recognized as the main reason for the new wave of asylum seekers from former

USSR states. Demand on the part of employers is not abating mainly in tourism and

restaurant industry, which also contributes to the uptrend in the number of illegal

migrants and asylum seekers. The demand stems from the willingness of the illegal

migrants and asylum seekers to work in conditions that are inferior to accepted

conditions in Israel, and even to those prescribed in the law, as well as without

documentation or reporting. The demand for these workers in certain sectors is a major

factor in the expansion of the infiltration phenomenon. This population is not aware of

its rights, and the enforcement entities in charge of enforcing the labor laws with

respect to foreign workers in Israel do not enforce their rights.150

The possibility of

exploiting foreign workers, paying them less than the minimum wage and employing

them in violation of the Hours of Work and Rest Law, sector collective agreements and

protective labor laws are among the main laws reasons for the preference of foreign

workers over Israeli workers. During 2016-2017 the government didn’t change the

policy regarding infiltrators in the labor market. Meanwhile most of the asylum seekers

who entered Israel as tourist started to work right after entering Israel and getting

recognized as asylum seekers.

Since 2015 the state hardened the burden of Texas on people entitled to group

protection by several means as canceling the credit points which are given to residents,

and even claimed that they had never been entitled to these points. The Tax Authority

issued retroactive tax assessments to the employers of people from this population and

the State won in legal procedures that had been filed against this decision. Reducing

the tax credit points and the credit to the employer for employing the worker,

significantly affected the profitability of employing people entitled to group protection.

150

See in greater detail: The Knesset Research and Information Center, Supervision to Ensure the

Working Rights of Foreign Workers, Gilad Nathan, August 15, 2011 (in Hebrew),

http://www.knesset.gov.il/mmm/data/pdf/m02953.pdf.

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It should be noted that the surcharge on employers of people under group protection is

higher than the surcharge being paid by other groups of employers. In construction and

hotels the employer pay 15% while employers of people under group protection most

pay 20%. Other groups of TMW and daily workers' pay less or not pay at all.

The vague employment policy and the transience of status given to those entitled to

non-deportation also directly contribute to offences committed against workers from

this population. Dismissing pregnant women, delaying payments, not paying the

minimum wage and not providing medical insurance were all offences that have been

consistently reported to the organizations aiding workers and foreigners. It should be

noted that in cases in which the government intervened (as can be learned from the

example below) the situation was improved:

Infiltrators summoned to the Holot detention facility complained that they did not

receive severance pay with the cancellation of the visa allowing them to work. In light

of the many complaints received, the Head of the Section in Charge of Foreign

Workers’ Rights at Work in the Ministry of Economy issued an advisory opinion

whereby employers are obligated to pay severance pay to infiltrators whose temporary

stay permits have been cancelled and/or who decided to leave Israel voluntarily. 151The

aid organizations estimate that the advisory opinion has a positive effect, and that

employers who receive the advisory opinion pay severance pay in most cases.

Another problem with the employment of those entitled to non-deportation has to do

with tax benefits that are related to status. An employer employing a person who

resides in Israel legally is entitled to a tax deduction. When those entitled to group

protection are removed to a detention facility or when they voluntarily leave the

country, the Tax Authority demands a refund of the tax benefit. When this occurs,

employers deduct the refund from the remainder of the funds due to the employee.

Those new amendments, the deposit and the cancelation of the tax benefits will make

the employment of Infiltrators under group protection very expensive to employers and

the workers from this group will have a significant decrease in their ability to earn

money to be used during they stay in Israel. It should be noted that the percentage of

employment among Infiltrators under group protection is very high and those new

amendments could cause a significant decrease.

151

In Hebrew: http://www.moital.gov.il/NR/exeres/169E39BF-B620-4357-A6D2-5945700668EA.htm

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The UNHCR and some human rights NGO'S and employers tried to offer a model that

will regulate the work of people under group protection and help to better dissolves this

population in Israel. This model hasn't been adopted by the authorities.

It is notable that in recent years, the government has adopted a series of actions to

provide the eligible population with group protection from exclusion from the labor

force through infringing on the workers' rights and by increasing the costs of

employing them for the employers. Owing to the fact that the wages paid to most of the

members of this population are in any case at the lowest level of earnings, there is a

risk that rights' organization and employers' organizations have warned about, that the

most recent decrees will not make it possible to sustain life with dignity and will be an

unbearable burden for workers from this population and their ability to sustain

themselves as well as for the employers.

On September 2017 the High Court ruled in an Appeal of several decisions of Districts

Court. In his ruling the High Court rejected the claims of employers of people under

protection from exclusion (mainly in the cleaning and hotel industry) that they don’t

have to pay the employer's levy on foreign workers since they're employee are not

foreign workers (TMW) but asylum seekers. The high court ruled that: "In this context,

one should not distinguish between the employer of a foreign worker by permit and the

employer of workers from Eritrea and Sudan who hold temporary residence permits.

The purpose of this duty is to increase the cost of employing foreign workers in order

to encourage the employment of workers, residents and citizens of the State of Israel.

This is a legitimate goal, and there seems to be no basis for intervening in it".

The levy on employers of foreign workers can be as high as 20% of the worker wages,

yet most of the times the Tax authority demands only 10 to 15 percent. The high court

ruled as the district courts before him that not just that there is no ground to cancel the

decision to take the levy but that companies who work for the state or the local

authorities are not allowed employing "not Israeli workers" mainly in the services

industry. The High Court decided to ask the Attorney General to decide about the

question of the right of employers of people under protection to Participate in

Government and local authorities' tenders.

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Holding in detention facilities

The Population and Immigration Authority continue and issues summonses for more

people than could be sent to the facilities. Summonses should only have been issued for

adult men without families, however in reality there are known cases wherein those

who were supposed to be exempt were also summoned.

On August 07 2016, a new criterion was published for summoning Infiltrators to

"Holot".152

Under the new criteria every male between the ages of 18 and 60, who was

not recognized as a trafficking victim nor has no family, can be summand unless he

requested for asylum before the 16.02.12015 and still awaits an answer. People who

were already in custody since 2014, the period they have been in custody will be

reduced from the 12 months. Sudanese who are from Darfur are also not to be

summand. Yet there are being summand according to Sigal Rosen from the hotline for

migrants people from Darfur are being summand and although they claim to be from

Darfur and should be interviewed, only in cases in which the hotline is submitting a

request for an interview in behalf of a person the interview is being made.153

The condition and terms of the people being in Holot were and still are being debated

in courts. On June 2017 the high court ruled in 4 cases against the Israeli prison service

(who is operating the open facility Holot).154

The high courts ruled in favor of the

appealing against the state and decided that people who have to live in the open facility

will be able to bring with them to the facility Hygiene and electricity products. The

high court ordered that the state will house only 6 people in every room and not ten.

There is an ongoing process in an appeal about the condition of food in the facility and

after another appeal about the absence of computer classrooms the state will provide 3

computer classrooms with 15 computers in every classroom and internet connection.155

At the Saharonim facility, there are some 1000 detainees from three main groups: new

infiltrators are held there up to three months and are then supposed to be transferred to

Holot; subjects of West African countries who have not been able to prove their

citizenship and are stuck in Israel without it being possible to deport them; people who

have been interned for criminal proceedings and people staying at Holot who have

152

In Hebrew:

https://www.gov.il/BlobFolder/policy/stay_permit_interview_procedure/he/10.9.0001.pdf 153

Sigal Rosen, Hotline for Migrants, Interview, 01/08/2017. 154

In Hebrew: https://www.haaretz.co.il/st/inter/Hheb/images/psadhol.pdf 155

Oded Feller, the association for civil rights in Israel, Interview, 02/08/2017

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been transferred to Saharonim as punishment. All these groups are subject to constant

pressure to leave; according to human rights organizations the pressure includes

intimidation and threats. At the Holot facility there are no defined rules and as a result,

arbitrary punishment is meted out that includes fines and transfers to Saharonim.

Internees could appeal to a detention tribunal, but there is no detention tribunal in the

facility.

Internment/deportation to a third country of persons eligible for temporary

group protection who have already entered Israel

Since 2012 the population of people who infiltrated Israel and are under group

protection is in decline. More and more people from this group leave Israel to other

countries by themselves, as a part of a voluntary leave program or with the help of the

UNHCR and human rights organizations.

Since 2013, there is a program for voluntary leave of Israel for Infiltrators who are

recognized for group protection. The state signed agreements with two third country

in Africa (Uganda and Rwanda) to transfer/remove Infiltrators from Sudan and Eritrea

from Israel over to that country.156

Israel has not published the name of the country,

nor has it presented the agreement. It should be noted that in protocols that are made

with candidates for deportation the state representatives declares that Uganda or

Ruanda are the destination countries.157

In the recent years the UNHCR started helping people who can be recognized as

refugees by the UNHCR criteria and were not recognized in Israel from states as

Sudan, Eretria and several other African and Asian states, to leave to third countries

as Canada, Australia, USA and several EU member states as a part of resettlement

program. The UNHCR detects the most difficult cases of people under his protection

that are suffering from medical problems or have been victims of slavery and torture

and are not being treated in Israel and helps them to get a status in another state.158

156

In Hebrew

http://main.knesset.gov.il/Activity/committees/InternalAffairs/News/Pages/pr_280813.aspx 157

Oded Feller, ARCI, Interview 06/07/2015 158

Sharon Harel, UNHCR Israel, phone Call, 06/08/2017

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Table 71: Submissions for resettlement 2009-2016159

2009 2010 2011 2012 2013 2014 2015 2016 Total

37 26 24 24 104 182 145 238 780

Another group is the group of people mainly from Eritrea and Sudan who leave Israel

to a third country not through the state program for voluntary leave or as a part of an

UNHCR resettlement program but in individual process of family reunifications

mainly to developed countries as Canada or EU member states.

Since January 2014 more than 15,000 infiltrators and asylum seekers left Israel to

other countries. In the years 2014-2015 mainly to other states in Africa (mainly

Uganda, Ethiopia and Ruanda).In recent years there is a change and more are leaving

to other states were they are being recognized as refugees or through the process of

family reunion.

In the voluntary program of the state, every adult got a flying ticket and 3,500$, every

Minor a flying ticket and 1,000$.

Since the second quarter of 2014 asylum seekers and non-deportable foreigners have

been significantly less forthcoming to the option of consensual deportation and as a

result the number of voluntary deportations has also decreased substantially. Claims

were made that contrary to promises, the third party countries to which foreigners are

deported are not willing to allow their stay or their application for asylum, and ask for

their immediate deportation to their origin countries, where they might be in danger

(mainly people who are deported to Ruanda testifies they are being transferred

immediately to Uganda) 160.

It should be noted that since the third quarter of 2014, there are reports of a higher

number of infiltrators and asylum seekers who are willing to leave Israel to a third

country in Africa or that are looking for another state that will give them a refugee

status. The African community in Israel suffers from the ambiguousness of the

government policy, the lack of leadership (must of the community leaders are

detained in Holot and Saharonim facilities, or have left the country, and the growing

159

Sharon Harel, UNHCR Israel, Email, 14/08/2017 160

In Hebrew: http://hotline.org.il/publication/withoutfreewill/

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uncertainty about the future. The government policy is to encourage infiltrators and

people under group protection to leave Israel.

Table 72: Africans leaving to a third country by Nationality 2013-2017

Sudan Eritrea Other African

States

Total

2013 1,687 268 657 2,612

2014 4,112 1,691 611 6,414

2015 600 2,480 301 3,381

2016 390 2,629 227 3,246

01-06.2017 132 1,832 117 2,081

2014 was the record year and since than the numbers are in decline, yet from the data

of the first half of 2017 it can be assumed that even if the number of the leaving won't

be as high as it was in 2014, it will be higher than in 2015-2016. There is stability in

the extent of the Eritrean but there is a 90% decries in the number of Sudanese and

around 33% in the numbers of Other African State citizen.

On May 2015 The Immigration Authority announced that the process of voluntary

leaving will change again. The new procedure will include examination of the

infiltrators in "Holot" open facility, all that have not requested an asylum will be offer

to leave Israel voluntarily and those among them that will refuse to leave voluntarily

will be subjected to a hearing process that will examine they're imprison in

"Saharonim" closed facility.161

The Association for civil rights in Israel appealed

against the new procedure (for the second time) on July 2015.162

On August 28 2017 the high court ruled that Israel can deport Infiltrators to a third

country but they have to do it willingly and can't be holed in a facility for more than

60 days if they refuse to leave voluntarily.163

On September 03 2017 the Interior

Minister announced that he will change the regulation so that in the future asylum

seekers who will refuse to voluntary deportation from Israel will be hold for 60 days

in custody and afterwards will get a staying permit that will not enable the permit

holders to work.

161

http://www.piba.gov.il/PublicationAndTender/pr/Pages/310315.aspx 162

http://www.acri.org.il/he/wp-content/uploads/2015/07/hit5126.pdf 163

In Hebrew: http://elyon1.court.gov.il/files/15/010/081/C29/15081010.C29.pdf

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Health services for foreigners without medical insurance

Recent years have seen increasing use by medically uninsured non-Israelis of the

Israeli public health system. in light of the awareness of the availability of health

services among this population (not only although mostly illegal migrants and asylum

seekers), the Ministry of Health decided to set up, on the basis of the volunteer

doctors' clinic located in the Tel Aviv area, a permanent clinic (the refugee's clinic)

with the full funding of the ministry, that will provide preliminary treatment to non-

Israelis who lack medical insurance.

During 2016 some clinics of NGO'S and hospitals that treated foreign without status

or insurance, who needed medical and mental treatment ran out of funding. The

mental health "gesher" (bridge) clinic that started to treat people without health

insurance in 2014, can't take any new patient since June 2016. The open clinic of the

NGO Physicians for human rights, after major cuttings in the budget it was receiving

from the state hospital "Aichilov" in recent years, lost its budget in July 2016.164

On May 23 2016, in a parliamentary discussion the subject of the medical treatment

of foreigners was discussed, the discussion was a follow up discussion to examine the

implementation of the state comptroller report from 2014 (63G).165

The outcomes of

the discussion were that nothing much has changed and the medical treatment for

foreigners without status and insurance is very partly and limited and given only in

the center of Israel. It should be noted that at least in the declaration level, there is a

change in the attitude of the Health and Social Service ministries. They ministries are

admitting that the situation can't continue. Yet there is no major change in the budget

spent on this population.

Table 73: Ministry of Health budget on unreportable population 2016/2017 In

NIS

2016 2017

Rem clinic 3,944,000 4,109,000

Mental Health clinic 840,000 900,000

164

Dr. Zoe Gutzeit, Physician for Human Rights, Phone Call, 21/09/2016. 165

In Hebrew: http://www.mevaker.gov.il/he/Reports/Report_248/af07752c-7845-4f1d-ae97-

23c45c702624/102-ver-5.pdf?AspxAutoDetectCookieSupport=1

http://main.knesset.gov.il/Activity/committees/Pages/AllCommitteesAgenda.aspx?Tab=3&ItemID=57

9189

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(gesher)

Childern care stations and

Vaccination

1,362,000 1,362,000

Aids and Tuberculosis 6,500,000 6,500,000

Shelters for trafficking

victims

473,000 473,000

Soroka and Holot clinics 9,000,000 9,000,000

Minor Health Insurance 11,450,000 11,450,000

Other (Medicine,

Abortion, Nursing care,

rehabilitation)

1,400,000 2,000,000

Total 34,969,000 35,794,000

The state estimates that in addition to the budget spending on services for the

uninsured population of unreportable persons, there are hospital spending on

treatments to people who are not insured and can't pay for the treatment are about 40

million NIS every year.

It should be noted that even in the cases that foreign working in Israel are being

insurance by the employers, the private insurances are not always sufficient for

covering the need of people who work in Israel and live in it for long periods of time.

There is also a problem of people that had insurance and then were summand to

"Holot" facility. In any case of being treated during the time they were working and

had insurance, due to the 12 months period they were in the facility with no work and

no insurance, they have lost their right to be insured.166

Examination of Asylum Requests

On 2016, at a time when the number of new requests for asylum reached the highest

point in all years (7,566), the Committee for Examining the Recommendations for

asylum requests convened only 4 times. No extra personnel were added nor were any

units of the Population and Immigration Authority, which deals with requests for

asylum, added so that the queues and the waiting times to submit the request and the

166

Dr. Zoe Gutzeit, Physician for Human Rights, Phone Call, 21/09/2016.

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interview became longer. This trend continued in 2017. Even as the number of asylum

seekers was growing and the asylum seekers from the former USSR (mainly Ukraine

and Georgia) were increasing steadily, it was clear that the Population and

Immigration Authority was not able to cope with the increase in the number of asylum

seekers and to examine all the requests. As in previous years, today too most of the

rejected requests are from asylum seekers who have left the borders of Israel.

The rise in the number of asylum seekers who have arrived as tourists places great

pressure on the only office of the Population and Immigration Authority to which

applications may be submitted. A person wishing to submit a request in Israel must

come to the offices where he will be given a note stating the date on which he must

appear in order to submit his application for asylum. This date is usually several

months after his first appearance at the office. The pressure on the bureau is enormous

and hundreds of people wait each day just to enter the bureau. In June 2017, the

Appeals Court determined that a system for administering and registering the queues

and the asylum seekers must be put in place even if they did not manage to get in to

the bureau itself.

In November 2016, the Appeals Court ordered that Eritreans and Sudanese must be

allowed to submit requests for asylum even if they were rejected due to a delay in

submitting their request. Up to June 2017, 1620 new requests for asylum were

submitted – of these only 3% were evaluated. In June 2017, the Legal Advisor to the

Population and Immigration Authority, Daniel Salomon, stated at the Knesset's State

Control Committee that the State is delaying making a decision about asylum requests

from Eritreans and Sudanese until the Supreme Court publishes its opinion about the

matter of involuntary deportation of the asylum seekers to a third country. Thereafter

the attitude to asylum requests would be different.

Stay Permit Renewal

Until December 2013 members of the population entitled to non-deportation had been

able to renew their permits (renewal was required every three months) at 24 offices of

the Ministry of Interior. In December 2013, the number of offices was reduced to only

three (later on four more offices were reopened) and service hours within which

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permits could be renewed were reduced as well.167

This created a greater work load

for the offices, and made stay permit renewals more difficult.168

Permit holders had to

devote several days for their permit renewal and risk detention because of an expired

permit or the loss of their workplace due to prolonged absence. In July 2014 the

number of offices was reduced again to a mere three offices.169

It should be noted that

the permit was given first to period of 3-6 months and is now given for a period of

two months. In Eilat the office is open for renewal of the permit only twice a week

and for only 11.5 hours a week altogether. Every service day hundreds of people wait

but only about 50 are getting a renewal.

On June 2017 the number of offices was reduced to only two, one in Bnei Brak (near

Tel Aviv) and the other in Eilat. An appeal to cancel decision was subjected to the

high court.170

Family reunification between asylum seeker and an Israeli resident

In a new case of a request for family reunification between an Israeli citizen and an

asylum seeker from Sudan, the state requested from the Sudanese asylum seeker

papers from his origin state he couldn’t provide. The district court ordered the state to

precede with the family reunification procedure without a verdict, the state still

conceder her answer.

Asylum industry

As noted there is a significant increase in the number of asylum seekers who entered

Israel on a tourist visa mainly from former USSR states and requested asylum. There

are evidence that those asylum seekers are coming to Israel Using services of

individuals and companies who advertise in the source countries that asylum seekers

can work in Israel and that the process of requests examination is very long. In Tel

Aviv near the only Immigration authority office that asylum seekers can apply to

there is an office that offer asylum seekers services and help in the process.171

167

http://hotline.org.il/wp-content/uploads/2015/07/Rwanda-or-Saharonim-EN-web.pdf In Hebrew:

http://hotline.org.il/7ways/ 168

http://hotline.org.il/en/publication/no-safe-haven/ 169

In Hebrew: http://www.piba.gov.il/SpokesmanshipMessagess/Pages/RenewVisa.aspx 170

In Hebrew: http://hotline.org.il/wp-content/uploads/2017/06/4284-17-עתירה-באר-שבע.pdf 171

Noa Kaufmann, Kav LaOved, Interview 01/08/2017

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Israelis are waiting in the airport for tourist mainly from Ukraine and Georgia, give

them the forms for asylum requests and guide them on how to apply.172

There is also

suspicion of Human Trafficking in the case of asylum seekers who paid for coming to

Israel, people pay for false papers as entering visa. There are evidence to exploitation

of workers and sexual violence against asylum seekers after they enter Israel and the

labor market.173

The fact that the processing process of asylum requests is very long

time makes the exploitation of the people who enter the labor market while waiting

for an answer easier.

172

Sigal Rosen, Hotline for Migrants, Interview, 02/08/2017 173

Reut Michaeli, Hotline for Migrants, Interview, 02/08/2017

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6. Victims of Human Trafficking

In recent years (since 2012) Israel is listed in Tier 1 in the American State department

yearly report about Human Trafficking (Trafficking in persons report).174

16 years ago

Israel was in Tier 3 and most of the last decade (since 2004) Israel was in Tier 2

including 2 years in Tier 2 watch list.175

Israel was and still is a destination country for men and women subjected to force

labour and women for sex trafficking. Since the beginning of the century when Israel

was a destination country for thousands of women subjected to direct sex trafficking.

The situation in Israel changed significantly. Israel anti trafficking law and its

enforcement, the cooperation of the different government organs and NGO'S under

the leading of the coordinator for the struggle against trafficking, and the

rehabilitation system for victims of human trafficking, are the major instruments that

were and are still being used in the struggle against trafficking in persons. The use of

those instruments abolished the trafficking in person as it was practiced s in Israel till

the mid of the last decade.176

In recent years the numbers of recognized victims of trafficking is much lower. Most

of the recognized victims of trafficking belong to three groups:

Victims of infiltrators who were victims for several kinds of trafficking in

their way to Israel through the Sinai Peninsula.

Victims of trafficking for prostitution.

Victims of trafficking subjected to force labor.

In recent years since Israel is being listed in Tier 1, there is a critic from the side of

NGO'S and other care organs in the field of combating trafficking and prostitution and

of human and foreign workers rights, that although there are changes in the methods

174

http://www.state.gov/documents/organization/258876.pdf 175

Tier 1: The Government of…. fully meets the minimum standards for the elimination of trafficking.

Tier 2: The Government of …. does not fully meet the minimum standards for the elimination of

trafficking; however, it is making significant efforts to do so.

Tier:2 watch list: The Government of …. does not fully meet the minimum standards for the

elimination of trafficking; however, it is making significant efforts to do so. Despite these measures,

the government did not demonstrate overall increasing anti trafficking efforts compared to the previous

reporting period;

Tier 3: The Government of …. does not fully meet the minimum standards for the elimination of

trafficking and is not making significant efforts to do so.

176

In Hebrew: https://www.knesset.gov.il/mmm/data/pdf/m02891.pdf

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of trafficking for prostitution, the government is not doing enough to identify the

changes, to struggle against new ways of trafficking and to identify and help the

trafficking victims. There is also critic about trafficking and related criminal offenses.

In the case of slavery conditions and labor trafficking the main claim is that there is

not enough inspection and mainly a lot of slavery condition cases are simply not being

recognized, Due to lack of enforcement. There is an agreement among the Authorities

and the NGO'S that although the shelters are not full and the number of recognized

cases, the main reason may not be the abolishment of trafficking and slavery

condition in Israel but not enough identification of possible victims among TMW and

other population groups of not Israelis.

On 2016-2017 there is more evidence to increase in trafficking to Israel, more women

enter Israel with tourist visa and are being found in Strip club and in Whorehouses.

There is an increasing awareness that this phenomenon has the markings of trafficking

and it is clear to the handling agencies and the aid organizations that women do not

descend into these occupations without human trafficking. There is also a growing

consciousness that the police does not have effective responses to locate and identify

the victims of trafficking and of other offenses among the immigrants since its special

response unit was disbanded and this contributes to a rise in instances of human

trafficking for prostitution and employment in conditions of slavery.

Torture and human trafficking victims who arrived in Israel from Sinai

Amongst those who infiltrated to Israel, there are some who are identified as victims

of torture and trafficking. The vast majority of whom, were tortured and trafficked.

Since the completion of the fence and the decline in the number of entrances, there are

almost no new identified victims. There are still victims who are being identified for

past torture and/or trafficking, several years after they first entered Israel.

Between July 2009 and January 2016, approximately 282 people (most of whom

women) have been recognized as victims of torture and trafficking. According to aid

organizations this is a low recognition rate, and the actual population is much larger,

by a few thousands of individuals who could have been recognized. Sigal Rosen from

the hotline for Migrants (NGO) claims that thousands were victims of torture and

forced labor but people who were torture but not forced to work can't be recognized

and in a lot of cases victims are not aware to the fact they were working (for example

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people who were forced to work but weren't paid don’t admit they worked) or man

that were victims of rape are not willing to testify they were raped.177

Reut Michaeli

from the hotline for Migrants (NGO) claims that the main problem today about

victims of human trafficking is that they are not being identified.178

In 2014-2017

there are more claims from the side of people under group protection who are being

summand for a hearing before being sent to Holot facility that they were victims of

forced labour and sex trafficking. According to Dina Dominitz the Coordinator of the

struggle against trafficking in Persons, the police got about 4,000 claims and only in

10% of the cases the police found initial evidence,179

which is needed for granting a

status for victims and entrance to the shelters.

The numbers of the recognized victims are not high, there is a decline in the number

of entrances to Israel since 2012, which gives a partly explanation to this fact. The

other possible explanation that is being claimed by the human rights NGO'S is that the

recognition process is not officiant. The Coordinator of the struggle against trafficking

in Persons office will start a pilot program for Detection and identification of victims

and humanitarian cases.180

Sex trafficking victims and slavery conditions among TMW (Women)

In recent years after a period of decline there is a new growth (yet substantially lower

than in the years 1995-2004) mainly since for citizen of Russia, Ukraine and some

other former USSR states, no entrance visa in required, women from those states enter

Israel on a tourist visa and engage in the local sex industry (prostitution and striptease

clubs). It is hard to prove who those women are being trafficked but it is also evident

that there is trafficking. The state authorities are aware of the new phenomena. In

2016/2017 as it was in 2015/2016 the state authorities and the NGO'S indicate there is

a regression to trafficking and slavery condition that were used in the past against not

Israeli women in prostitution.181

According to the Coordinator of the struggle against

trafficking in Persons that is clear that women are being requited and brought to

177

Sigal Rosen, Hotline for Migrants, Phone Call, 02/08/2015. 178

Reut Michaeli, Hotline for Migrants, Interview, 07/08/2016. 179

Dina Dominitz, Coordinator of the struggle against trafficking in Persons, the Ministry of Justice,

Phone Call, 20/09/2016. 180

Dina Dominitz, Coordinator of the struggle against trafficking in Persons, the Ministry of Justice,

Phone Call, 27/08/2017. 181

Reut Michaeli, Hotline for Migrants, Interview, 01/08/2017

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Israel.182

If in the recent years women came alone on a tourist visa worked for 3

months and got at least 50% of the money they have earned, in 2016/2017 there are

again indicators of sex trafficking and slavery conditions, among them: rape of

women by pimps, or the demand from the women to pay "debts" to the pimps. Yet

other indicators and condition that were known before as taking the women passports

or holding them in an apartment are not being used in recent years.183

Another phenomenon is slavery condition of women TMW mainly in home care

sector. The number of recognized TMW recognized victims was and still is very law.

Table 74: New recognized victims of Trafficking in shelters 2004-2015 (Women,

total number and main categories)184

Total

number of

new

victims

VICTIMS OF

SEX

TRAFFICKING

Trafficking

and slavery

condition of

TMW

Slavery and

sex

trafficking

of African

women

Other

2004 118 118

2005 52 52

2006 46 46

2007 34 29 2 3

2008 17 12 5

2009 19 6 10 2 1

2010 16 6 4 6

2011 17 8 8

2012 34 11 23

2013 39 6 2 31

2014 28 11 3 13 1

2015 24 13 1 9 1

2016 24 13 3 3 5

01-07.2017 9 2 2 3 2

182

Dina Dominitz, Coordinator of the struggle against trafficking in Persons, the Ministry of Justice,

Phone Call, 27/08/2017. 183

Ibid 184

In Hebrew: Frames for victims of human trafficking 2015/2016/2017 reports.

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The total number of recognized trafficking and slavery condition is in a constant trend

of decline. It should be noted that there is a growing awareness to improve the

detection and identification of possible victims.

Human rights organization claim that the law numbers of recognized victims of sex

trafficking is an evidence to the inability of the state to deal with the changes in

trafficking. In one case 10 women that were arrested in a striptease club were

deported without being questioned. In another case 2 women were arrested and

imprisoned for managing a whorehouse although they were only 10 days in Israel, in

the end they were recognized as victims. There are more police raids Initiated and led

by the State Attorney's Office.185

Another claim is that no significant effort is being made to locate TMW women

working in home care sector. In 2015 80% of the new recognition cases were by

NGO'S and not by the authorities.186

Dina Dominitz agrees that there are some cases

that are not being recognized by the authorities but indicates that in recent years most

of the women who can be recognized as victims and get a victim status are not willing

to cooperate and prefer to leave Israel. Among the women in this group there are

women who enter Israel on a tourist visa for several times engage in prostitution and

continue to other states to do the same. Dominitz states that it is very hard to persuade

those women to testify and get a recognized trafficking victim status.187

Victims of trafficking subjected to force labor (men)

In 2015 for the first time since 2009, no new male victims of labor trafficking were

recognized and sent for treatment in the shelter for male trafficking victims. In the

years 2009-2015 148 TMW trafficking victims were recognized and entered the

shelter. In 2017 as it was in 2016, no TMW were identified as slavery condition

victims. It should be noted that there are cases in recent years in which TMW are

being taken from an employer that is suspected in not providing the minimum

conditions to his workers and even some cases of slavery condition investigation, yet

185

Dina Dominitz, Coordinator of the struggle against trafficking in Persons, the Ministry of Justice,

Phone Call, 27/08/2017. 186

Reut Michaeli, Hotline for Migrants, Interview, 07/08/2016. 187

Dina Dominitz, Coordinator of the struggle against trafficking in Persons, the Ministry of Justice,

Phone Call, 20/09/2016.

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in most of those cases the TMW prefer not to enter the shelter but to change the

employer.

Table 75: New recognized victims of Trafficking in "Atlas" Shelter 2009-2015

(Men, total number and main categories)188

Total number

of new victims

Slavery of

African

Slavery

condition of

TMW

Other

2009 50 1 49

2010 63 6 57

2011 10 7 3

2012 57 25 32

2013 26 24 2

2014 27 21 5 1

2015 25 25

2016 12 12

2017 18 17 1

The Coordinator of the struggle against trafficking in Persons office is supporting

more transparence in informing TMW about their legal rights and in expanding the

hot line for TMW complaints for all the TMW and in every language.189

As in the case of women trafficking victims there is a claim that there is not enough

enforcement against employers of TMW and since there is not enough inspection

there is not enough awareness to the working and living conditions of TMW. While

the NGO'S report on TMW abuse and trafficking condition, there are less

investigations of the side of the authorities.

It should be noted that the regulations that allow judge to order the deposit of a

security deposit in labor law suits against employers of not Israeli workers, cause a

deep concern among NGO'S even part of the state organs since one of the ways to

identify slavery conditions use among employers is in court process.

188

In Hebrew: Frames for victims of human trafficking 2016 report. 189

Dina Dominitz, Coordinator of the struggle against trafficking in Persons, the Ministry of Justice,

Phone Call, 20/09/2016.

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New Trends and Phenomenon's

A new amendment of the foreign workers law

The amendment allows the interior minister not to renew a permit to employ foreign

worker if he was convicted in a trafficking or holding in condition of slavery offense.

Trafficking of asylum seekers

There is a growing awareness to the possibility of trafficking for labor in people from

former USSR states who enter Israel and ask for asylum. The authorities are aware

that companies with offices in Israel and in the source countries offer services and

offer to help in getting a working permit Even though it is a fraud.

A new national plan in the struggle against human trafficking

During 2017, work was undertaken to consolidate a new national plan in the struggle

against human trafficking in general and of women for purposes of prostitution. The

terms of this new program will take into account changes in the patterns of trafficking

and the difficulties in coping with trafficking in general and this may include the

establishment of a mission-oriented police unit to handle the problem and establishing

additional frameworks for shelters to treat victims of trafficking and enslavement,

where other shelters are not suited to them.

Trafficking in Deaf-Mute persons

In recent years, dozens of deaf-mute people from the former Soviet Union who have

been begging have been arrested in Israel. The phenomenon is familiar to the

authorities and there is a clear suspicion that these people are being trafficked by

organized crime. However, due to threats against people who gave testimony and

returned from the testimonies after being threatened, the enforcement authorities have

no witnesses who are willing to testify on the matter.

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7. International Students in Israel190

Data about the foreign students in Israel is not regularly and systematically published.

The Central Bureau of Statistics publishes data based on the number of people with a

student visa who were present in Israel on a specific day in the second semester; they

numbered 4,500 students. It should be noted that the data is partly and is not including

post Doc students or academic prep school students.191

In June 2016, the Council for Higher Education (CHE) published up-to-date data

about non-Israel students in institutions under its aegis. Not all the institutions of

higher learning are supervised by the Council for Higher Education. It should be

noted that, among the non-Israeli students, there is a large group of students who are

entitled to citizenship in terms of the Law of Return and, at any moment, can acquire

Israeli citizenship and/or residency. There are dozens of international programs (study

programs in English) suited for non-Israeli students; the vast majority of these (65)

are active programs for the Master's degree in English. There are also dozens of

summer programs. On 2017 the CHE didn’t published new data, the CHE develops

the method for future data gathering and publication.192

Absorbing non-Israel students is not especially well-developed in Israel and it is only

in the last few years that there have been advancements. The main policy change is

that the State of Israel has defined it as an objective to promote cooperation with India

and Asia and is awarding scholarships for students from those countries; this is in

addition to the cooperation with the European Union and the partnership in the

Erasmus+ program. The government has established a number of scholarship

programs for students and researchers. 193

International students are a fraction of the number of students in Israel. A new study

published by the Israeli Council for Higher Education, reviles that the number of

international students studying in the High Education system was around 12,000

students, and from this number only about 47% (4,700) were not Jewish (and

190

Unless noted otherwise all the data in this chapter: Maoz L. VP for strategy and internationalism

Counsel for Higher Education, Background Paper Update on international students in Israel, Email,

July 12 2016. 191

Marica Gross, Council for Higher Education, Email, 28/06/2017 192

Ibid 193

http://che.org.il/en/?page_id=21278

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therefore can't get an Israeli citizenship automatically when willing). This number

does not include the "agriculture students". In comparison to the average OECD rate

of foreign students 9%, The Israeli rate of 1.3% is very law.

The Israeli CBS data for the university year 2013/2014 was 4,500 international

students. This data is only about students for a degree in a higher education institute

that were in Israel at a specific date that are not listed in the Israeli population

registry. The CBS data for 2015-2016 4,613 students shows a small growth.194

The CHE estimated the number of international students in 2015/2016 academic year,

in all the higher education system in Israel at about 12,000, 84% of those in the 7

research universities and the IDC college.

Table 76: International students in division to programs 2015/2016 (CHE Data)

Total Jews General %

Research 2,210 500 1,710 22%

Full Degree

Studies

4,010 2,980 1,030 40%

Academic

Experience

3,850 1,890 1,960 38%

total 10,070 5,370 4,700

Out of the 4,700 international students who are not Jews, 40% come from the USA

and 30% come from Europe. Among research students the majority comes from

Europe and Asia.

Table 77: International students in division to programs 2015/2016 (CBS Data)

Total B.A M.A PhD

Total 4613 2,303 1,769 540

Universities 3,514 1,359 1,614 540

Academic

Centers

1,099 944 155 -

194

Marica Gross, Council for Higher Education, Email, 28/06/2017

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In the programs for B.A students the major study field of international students is

Social Studies (33%) and the second is Nature Studies and Mathematics (30%). In

M.A programs Medicine and para Medical studies (30%), Humanities (30%) and

Social Studies (25%). Among PhD students 45% are in Nature studies followed by

Humanities with 32%.

Table 78: International Students rate in Israel and the OECD

First Degree Second Degree PhD

Israel 0.7% 2.9% 6.1%

OECD Average 6% 14% 24%

In recent years most of the foreign students in Israel come from North America (34%)

and Europe (including the Russian Federation) (20%). In recent years (since the

academic year of 2012/2013) the Israeli Council for Higher Education and the

ministry of Finance began a program to develop the academic cooperation with India

and China. In the Plan there are programs of scholarships for students from India and

China to study in Israeli Universities.195

The number of students from Asia is growing

slowly. Among post doctorates he is much higher than in any other group. Among

post doctorates the share of not Israelis is much higher, in 2015/2016 there were 2,140

post doctorates researchers in Israel, almost 50% (1,019) were not Israelis. A bit more

than a quarter (515) were from China and India.

Israel is a partner in the Erasmus+ EU program. Between 2007 and 2013 127 students

and faculty members from Europe studied and worked in Israeli universities. Since

2015 and till (01/06/2016) 469 students (194) and faculty staff (275) from Europe

studied and worked in Israeli Universities. It should be noted that the number of

Israeli students and faculty staff studding and working in European institute is much

higher for the same period of time (1,176).

There are 13 programs for B.A students in English, 65 programs for M.A students

and, there are also some dozens of shorter programs.

195

http://che.org.il/en/?page_id=21246

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Table 79: Post Doc Researchers in Israeli Universities 2015/2016 (CHE Data)

Total

number of

Post Doc

Israeli

Post Doc

International

Post Doc

International

Post Doc

percent

Chainies

and Indian

Post Doc

Chainies and

Indian Post Doc

percent

TLU 336 223 113 33.4% 47 42%

Tech 290 107 183 63.1% 104 57%

HUJI 528 260 268 51% 130 49%

WI 453 200 253 56% 113 45%

BIU 123 75 48 39% 20 42%

BGU 291 161 130 45% 83 64%

HU 132 84 48 37% 14 29%

OPENU 17 11 6 37% 4 67%

Total 2,140 1,121 1,019 47% 515 51%

Post Doc International students are in much higher rate than the other groups of full

students and researchers.

On September 2016, the Israeli Council for Higher Education published her new six

year program (2017-2022).196

One of the new main projects of the program is

increasing the number of international students in Israel to 25,000 till 2022. The

program will be directed in increasing the numbers of M.A, PhD, post Doc students

and short term students. Programs budget will be 450 million NIS in 6 years. Most

of the money (300 million NIS) will be invested in the global studying experience

(short term studies). As a part of the program the CHE started to publish information

in English about the programs in the CHE site.197

Through the site an international

student can find information and apply for studies in every institute under the

supervision of the CHE.

Table 80: Current number of International Student and the plan for 2022

B.A

students

M.A

students

PhD

STUDENTS

Post

Doctorates

Short term

students

2016 3,600 1,600 800 1,000 5,000

2022 4,000 3,000 1,000 2,000 15,000

196

In Hebrew: http://che.org.il/?p=41866 197

http://studyinisrael.che.org.il/study-in-israel#masthead

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8. Emigration from Israel

Between 1990 and 2014 526,600 Israeli citizens left Israel for a period of a year or

more. 229,700 returned to Israel during this period, 296,900 have stayed abroad. From

this population group, 139,600 were immigrants from the former USSR. 30,100 from

them returned to Israel, 109,500 stayed abroad.198

This trend continued in 2013

16,200 Israelis left Israel for more than one year and only 8,900 Israelis who stayed

abroad more than a year came back to Israel. The Migration Balance was negative as

it was in recent years.199

95% of the emigrants in 2014 were Jews and others, only 5% were Arabs, same as in

recent years. Among the Jews and others group, 46% (45%) were born in Israel and

56% (55%) were born abroad. Among the Emigrants that were born abroad 74%

migrated to Israel since 1990.

The Israeli Central Bureau of Statistics (CBS) estimated the number of Israelis living

abroad between 552,000 and 585,000 at the end of 2013 and between 554,000 and

589,000 in the end of 2014. This estimation is based on the number of Israelis who

left Israel since 1948 (1948-2015) and never returned (720,000), and an estimation of

the number of people who died abroad. It should be noted that this number doesn’t

include descendants of Israeli emigrants.200

Table 81: estimated number of Israeli Emigrants 2011-2015201

Estimation of

Emigrants Average

Estimation

Growth Growth Rate

2011 562,000 - -

2012 565,500 +3,500 0.63%

2013 568,500 +3,000 0.53%

2014 571,500 +3,000 0.53%

2015 575,000 +3,500 0.59%

There is no change in the trend of slow growth in the estimated population of Israeli

citizen living abroad.

198

In Hebrew: http://www.cbs.gov.il/www/publications/alia/t3.pdf

http://www.cbs.gov.il/reader/newhodaot/hodaa_template.html?hodaa=201601243 199

In Hebrew: http://www.cbs.gov.il/reader/newhodaot/hodaa_template.html?hodaa=201501221 200

In Hebrew: http://www.cbs.gov.il/reader/newhodaot/hodaa_template.html?hodaa=201601243 201

In Hebrew: http://www.cbs.gov.il/reader/newhodaot/hodaa_template.html?hodaa=201301231

http://www.cbs.gov.il/reader/newhodaot/hodaa_template.html?hodaa=201701234

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Table 82: Migration backlog 2011-2015 (Israelis who are abroad for longer than

a year)

Immigration

backlog

Backlog to 1,000

residents

Emigrants (more

than a year abroad)

2011 -6,700 0.9 16,200

2012 -7,100 0.9 15,900

2013 -7,300 0.8 16,200

2014 -6,800 0.7 15,700

2015 -8,200 1 16,700

The Migration backlog of Israel remains negative with no significant changes in

recent years.

Table 83: share of different groups of population among Emigrants 2011-2015

Israeli Jews Israeli Arabs Israeli not

born in Israel

Male

2011 95% 5% 49% 54%

2012 95% 5% 49.4% 55%

2013 95% 5% 46.2% 55%

2014 95% 5% 51% 55%

2015 95% 5% 54% 53%

There are no significant changes in the recent year's emigration among main groups of

population and gender. The share of Israeli citizen who were not born in Israel and

emigrate is higher than among Israeli born citizen. Most of the migrants are Male.

Departure and Return of Israelis

The data of departures of Israelis living in Israel and abroad is published. Although

we can't learn from this number on the actual number of Israelis departing Israel (the

criteria for this category is that an Israeli citizen who lives abroad and had been in

Israel for a visit or two at must is), we can assume that the number of Israelis living

abroad that visit in Israel and go back abroad is growing staidly, but they're share

among the Israelis going abroad is declining with the general growth in the number of

Israelis traveling abroad. More than 255,000 departures are after a visit of Israelis

living abroad, an increase of 43,000 since 2009.

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Table 84: Departure of Israelis and Israelis living abroad 2009-2016 (In

Thousands)202

Total number of

Israelis

Departure

Departures of

Israelis living

Abroad

Percentage

Of Israelis living

abroad

departures

2009 4,005.9 211.7 5.3%

2010 4,269.1 212.3 5%

2011 4,387.2 213.5 4.9%

2012 4,348.6 220.5 5.1%

2013 4,756.7 227.6 4.85

2014 5,180.7 231 4.5%

2015 5,891.1 251 4.3%

2016 6,780.9 255 3.8%

The growth in the number of Israelis leaving abroad departing is lower in the growth

in the number of Israeli residents departing.

Table 85: Departures and Returns of Israelis staying abroad for one year or

more 2009-2015203

Departures Return Migration

Balance

2009 15,900 11,000 -4,900

2010 15,600 10,200 -5,400

2011 16,200 9,500 -6,700

2012 15,900 8,800 -7,100

2013 16,200 8,900 -7,300

2014 15,700 8,800 -6,900

2015 16,700 8,500 -8,200

202

http://www.cbs.gov.il/reader/shnaton/templ_shnaton.html?num_tab=st04_01&CYear=2017 203

http://www.cbs.gov.il/reader/shnaton/templ_shnaton.html?num_tab=st04_10&CYear=2017

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In comparison of the movement of emigrants and return residence to Israel yearly, the

emigration balance in the year's 2009-2015 is negative and this trend is growing

steadily.

8.1 Emigration of academics who have graduated they're high studies

in Israeli high Institute

Since July 20 2015 the Central Bureau of Statistic started to published another partly

data, this time about graduates of Israeli high education institute that are living abroad

more than three years. 204

In the first publication (till 2014, the data was for the years

1984-2008). The publication since are for the years 1980-2009.205

On 2016 30,007 (2015: 27,826), 5.6% of the 532,291 (5.6% 495,868) academics who

got a degree from an Israeli institute between 1980 and 2009) were living abroad for

three years or more. Among graduates of third degree 10.9% (11%) the percentage of

the living abroad is higher than among graduates of first 5.7% (5.6%) and second

4.5% (4.5%) degree. Among engineers, medical doctors and graduates of nature

studies the percentage of the living abroad is higher than among graduates of social

studies and humanities. Among immigrants to Israel that have made a degree the

percentage of emigrants is higher than among people who were born in Israel.

According the CBS the trends have slightly changed in 2015 and 2016 there was a

slight growth in the number of first and second degree graduates living abroad for

more than 3 years. Among PhD graduates there was no change of trend.

Table 86: rates of emigration (three years and more abroad) Total and among

Israeli born 2014-2016

Total Emigration

rate

First

Degree

Second

Degree

M.D PhD

Israeli

born 2014

367,567 3.7% 3.7% 2.9% 6.2% 7.1%

Total

2014

447,455 4.9% 4.9% 4.1% 7.6% 10.3%

204

In Hebrew: http://www.cbs.gov.il/reader/newhodaot/hodaa_template.html?hodaa=201506191 205

In Hebrew: http://www.cbs.gov.il/reader/newhodaot/hodaa_template.html?hodaa=201706203

http://www.cbs.gov.il/reader/newhodaot/hodaa_template.html?hodaa=201606221

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Israeli

born 2015

403,589 4.1% 4.2% 3.1% 7.2% 7.3%

Total

2015

495,868 5.6% 5.6% 4.5% 9.2% 11%

Israeli

born 2016

433,574 4.1% 4.2% 3.1% 7.2% 7.2%

Total

2016

532,291 5.6% 5.7% 4.5% 9.3% 10.9%

The share of Israeli born emigrants among people who studied in the Israeli higher

education system is lower than the general share and much lower than the share of

former students who weren’t born in Israel. Between 2014 and 2016 there was a

growth in the share of both categories among emigrants. Graduates of PhD or MD

degree tend to emigrate more than other groups of degree owners.

Table 87: rates of emigration (three years and more abroad) among Israeli born

and immigrants to Israel 2016

Total Emigration

rate

First

Degree

Second

Degree

M.D PhD

Israel 367,567 4.1% 3.7% 2.9% 6.2% 7.1%

USA 8,901 16.3% 16.7% 14.8% 27.7% 13.4%

USSR 36,055 14.8% 14.1% 13.5% 16.6% 29%

Brazil 845 14.6% 14.5% 14.4% 9.1% 17.2%

Canada 1,039 17.2% 16.8% 16.6% 29.1% 14.5%

South

Africa

1,516 15% 16.9% 11.5% 8.9% 13.6%

Argentina 4,492 13.8% 13.4% 13.6% 5.1% 19.6%

UK 2,199 13.6% 14.9% 12.2% 12.1% 9.4%

Uruguay 1,002 15.6% 16.3% 12.8% 15% 20.5%

France 3,399 9.8% 10.7% 8% 4% 9.4%

Total 532,291 5.6% 5.7% 4.5% 9.3% 10.9%

While the increase in the number of Israeli born graduates of the high education

system who emigrated is slow and the total number of emigrant is less than 5%, and

the total number of emigrants from this group is slightly above 5%. The share in the

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number of Israeli higher education graduates who weren’t born in Israel and have

emigrated is much higher, between 10 and 17 percent.

Table 88: Migration Balance between returned residents who have made a

degree in Israel and Emigrants who left Israel for more than 3 years 2012-2016

New Departures

(more than 3

years)

Returns (more than

2 years

Migration Balance

2012 3,621 585 -3,036

2013 2,098 868 -1,230

2014 2,036 885 -1,151

2015 2,000 710 -1,290

2016 1,947 664 -1,283

The outflow of high education degree graduates is lower in recent years than it was in

2012 and yet the migration balance of Israeli degree graduates is negative and more

high educated people who graduated the Israeli high education system are emigrating

from Israel than immigrating back to Israel.

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9. Statistical Appendix

Table 89: Temporary Immigration as a part of the general population206

Israeli

residents

Migrants (not

including

permanent

immigrants

and daily

workers)

Total number Percentage of

the not

permanent

Immigrants

2010 7,695,100 217,800 7,912,900 2.75%

2011 7,836,600 238,393 8,074993 2.95%

2012 7,984,500 240,390 8,224,890 2.91%

2013 8,134,500 229,593 8,364,093 2.72%

2014 8,252,500* 227,319 8,477,886 2.69%

2015 8,345,000* 227,293 8,571,490 2.67%

2016 8,585,000* 227,128 8,799,919 2.64%

2017 8,696,300** 237,037 8,933,337 2.65%

* September ** June 2017

The share of Temporary Immigrants in Israel was in decline since the end of 2011. In

2011-2012 the main decrease was in the number of work migrants, since 2013 the

main decrease is in the number of Infiltrators and undocumented. In 2016-2017 the

decline trend changed mainly due to the increase in the number of asylum seekers

from former USSR states.

Table 90: Not Israelis as a part of the employee jobs207

Palestinians Not Israelis nor

Palestinians

Total

2011 1.2% 2.9% 4.1%

2012 1.3% 3% 4.3%

2013 1.5% 3.2% 4.7%

206

http://www.cbs.gov.il/shnaton67/st02_01.pdf

http://www.cbs.gov.il/publications17/yarhon0817/pdf/b1.pdf

http://www.cbs.gov.il/reader/newhodaot/hodaa_template.html?hodaa=201601304

in Hebrew: http://www.piba.gov.il/PublicationAndTender/ForeignWorkersStat/Pages/default.aspx

http://www.cbs.gov.il/reader/newhodaot/hodaa_template.html?hodaa=201511099

https://www.gov.il/BlobFolder/generalpage/foreign_workers_stats/he/sum_2014_final.pdf 207

http://www.cbs.gov.il/reader/shnaton/templ_shnaton.html?num_tab=st12_38&CYear=2017

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2014 1.7% 3.1% 4.8%

2015 1.9% 3.1% 5%

2016 2.2% 3.1% 5.3%

The share of un-Israeli employee jobs in the Israeli labour market continues to grow.

There is stagnation in the share of TMW but the share of Palestinian workers is in

constant growth.

Table 91: Not Israelis average wages208

Not Israelis Palestinians Not Israelis

nor

Palestinians

Average

Wage

2011 4,619 3,690 4,344 8,563

2012 4,892 3,988 4,616 8,784

2013 4,922 4,173 4,678 9,000

2014 5,041 4,046 4,682 9,145

2015 5,384 4,326 4,982 9,347

2016 5,739 4,383 5,185 9,557

The wages of Palestinians and other not Israeli workers in the Israeli labour market

although increasing in recent years constantly are still significantly lower than those

of Israeli workers.

Table 92: Permanent Migrants

Year Number of Olim

(permanent

Migrants)

Average of

Olim in a

month

Increase/Decrease

2005 22,806 1900.5 -

2006 20,955 1746.2 -7.7%

2007 19,856 1,654.6 -5.2%

2008 15,875 1,322.9 -20%

2009 16,738 1,394.8 +5.4%

2010 16,633 1,386.1 -0.7%

2011 19,020 1585 +14%

2012 18,511 1,542.6 -2%

2013 19,558 1,629.8 +5.7%

2014 26,627 2,219 +36.1%

2015 31,013 2,584.4 +16.5%

2016 26,900 2,241.6 -13.4%

01-06/2017 11,500 1,916.6 -

208

http://www.cbs.gov.il/reader/shnaton/templ_shnaton.html?num_tab=st12_36&CYear=2017

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The number of Permanent Migrants declined between 2005 and 2010. It was

increasing steadily in the following years and reached the monthly average of 2,584 in

2015 and started to decline again in 2016.

Table 93: Main Immigration Countries of permanent migrants (more than 100

immigrants) 2016 in division for every two months

Total 11-12 9-10 07-08 05-06 03-04 01-02 country

7,099 1,501 1,207 1,086 1,257 1,161 888 Russia

5,928 1,429 719 961 1,064 953 802 Ukraine

4,676 601 586 1703 773 497 516 France

2,933 37715 403 1,261 391 268 236 USA

651 135 99 180 96 80 61 Belarus

630 91 97 166 84 90 104 Brazil

544 75 85 165 68 73 68 UK

357 56 67 88 71 47 28 Canada

276 28 65 53 27 26 77 Argentina

263 47 27 65 44 31 49 South Africa

218 43 35 56 34 23 27 Belgium

203 20 31 55 33 34 30 Italy

202 29 31 33 49 32 28 Uzbekistan

192 46 23 32 27 32 32 Moldova

174 30 37 31 21 30 25 Georgia

171 34 14 40 33 29 23 Kazakhstan

155 24 19 45 25 19 21 Australia

153 23 25 25 31 21 28 Germany

131 21 15 43 23 14 15 Azerbaijan

111 10 28 23 27 6 17 Swiss

109 21 63 17 5 1 2 Ethiopia

There is a decline in the total number of Olim in 2016 and in the number of main

source countries. As in recent years in the months of the school summer vocation

there was the pick of the permanent migrant entrance to Israel 23% of all migrants in

2016.

Table 94: Permanent Migrants and Returning Residents total numbers and main

countries 2012-2016

2012 2013 2014 2015 2016

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Number of

Permanent

Migrants

18,511 19,558 26,627 31,013 26,900

Number of

Returning

residents

8,489 7,185 7,269 7,009 8,816

Total number of

Olim and

Returning

Residents (Total)

27,000 26,743 33,896 38,022

35,716

Share of Olim of

the total number

68.5% 73% 78.7% 81.4% 76.5%

USA Olim 3,074 3,030 3,283 3,068 2,933

USA Returning

Residents

3,744 3,041 2,837 2,650 2,728

USA Total 6,818 6,071 6,120 5,668 5,671

Russian

Federation Olim

3,566 4,094 4,687 6,716 7,099

Russian

Federation

Returning

Residents

242 169 164 259 245

Russian

Federation Total

3,808 4,263 4,851 5,975 7,344

Ukraine Olim 2,100 1,982 5,921 7,170 5,928

Ukraine Returning

Residents

199 141 222 177 211

Ukraine Total 2,299 2,123 6,143 7,347 6,139

France Olim 1,923 3,263 6,658 7,469 4,676

France Returning

Residents

330 238 456 427 334

France Total 2,253 3,501 7,114 7,896 5,010

Canada Olim 352 385 404 452 357

Canada Returning

Residents

589 487 458 384 335

Canada Total 941 872 862 836 692

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The shares of Olim grow between 2012 and 2015. It stayed above the average after

the change of trend in 2016. The USA is the only source country in which the number

of returning residents is similar to the number of Olim.

Table 95: Main Countries of Immigration and return to Israel from the 4 main

immigration countries (more than 10,000) in total numbers and percentage 2012-

2016

2012 2013 2014 2015 2016 Total

Total 27,000 26,743 33,896 38,022 35,716 161,377

USA 6,818

(25.3%)

6,071

(22.4%)

6,120

(18.1%)

5,668

(14.9%)

5,671

(15.8%)

30,350

Russian

Federation

3,808

(14.1%)

4,263

(15.9%)

4,851

(14.3%)

5,975

(15.7%)

7,344

(20.6%)

26,241

France 2,253

(8.4%)

3,501

(13.1%)

7,114

(21%)

7,896

(20.8%)

5,010

(14%)

25,774

Ukraine 2,299

(8.5%)

2,123

(7.9%)

6,143

(18.1%)

7,347

(19.3%)

6,139

(17.2%)

24,051

4

Countries

Total %

56.3% 59.3% 71.5% 70.7% 67.6% 106,416

(65.9%)

The growth trend in the share of the 4 main countries of which migrants and returned

residents are coming to Israel from stopped in 2015 and changed to decline in 2016,

Yet the 4 main origin countries share is still above two thirds of all permanent

migration. There is a constant growth in the share of Ukraine and the Russian

Federation.

Table 96: Temporary Migrant Workers In Israel (Main Sectors) 1995-2017*

Agriculture Construction Care Givers Total

1995 13,000 45,500 4,200 62,700

2000 22,000 62,500 19,000 103,500

2010 26,000 7,000 53,700 96,700

2014 22,618 7,112 54,792 84,522

2015 21,973 7,854 57,432 87,259

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2016 23,074 9,344 60,740 93,158

01/2017 23,154 9,551 61,482 94,187

02/2017 23,894 9,871 62,158 95,923

*Quota in Agriculture and Construction in the years 1995, 2000 and 2010

After a decade of decline in the number of TMW in Israel between 2004 and 2014,

the total number of TMW is steadily increasing.

Table 97: Labor immigration and mixed migration in Israel

Workers who

entered Israel with

working Visa

Workers who entered

Israel without

Working Visa

Infiltrators

including Asylum

Seekers from

Africa

Total

(All the numbers

are in thousands)

64 46 - 110 1995

90 74 - 164 1996

89 75 - 164 1997

93 94 - 187 1998

85 102 - 187 1999

86 128 - 214 2000

104 139 - 243 2001

102 124 - 236 2002

85 104 - 189 2003

80 98 - 178 2004

98 80 - 178 2005

102 84 1 191 2006

110 90 6 196 2007

115 107 15 237 2008

118 101 20 239 2009

90.5 95 32.3 217.8 2010

90 92 55 237 2011

85.4 93 62 240.4 2012

83.1 93 54.2 230.3 06.2013

86.7 90 52.9 229.6 2013

86.9 90 48.2 225.1 06.2014

89.9 90 46.4 225.4 2014

91.9 91 45.1 228 06.2015

93.1 79 43.2 215.3 2015

96.7 78.5 41.5 217.2 06.2016

100.1 74 40.2 214.8 2016

102,250 74 39.27 215.52 03.2017

104,199 74 38.54 216.739 06.2017

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The decline in the number Infiltrators Asylum Seekers and Workers who entered

Israel without Working Visa continues to contribute to the stability in the total

number of labour migration and mixed migration in recent years. Yet it can be noticed

that there is a constant growth in the number of labour migrants who entered Israel

legally since 2013. In 2015 due to a change in the calculation of workers who entered

Israel without a working visa, there is a significant decline in this group total number.

In 2017 the numbers slightly increases again due to the increase in the number of

labour migrants who entered Israel legally.

Table 98: Agriculture Labor Force 209

Total Israeli TMW Palestinians

69,600 50,600 13,000 6,000 1995

68,600 44,500 18,000 6,100 1996

67,000 42,200 17,000 7,800 1997

69,400 41,300 17,000 11,100 1998

70,000 43,100 17,000 9,900 1999

69,200 42,200 22,000 10,000 2000

62,500 36,500 28,000 4,000 2001

67,700 36,700 28,000 3,000 2002

67,500 36,300 28,000 3,200 2003

71,700 40,200 28,000 3,500 2004

70,200 40,700 26,000 3,500 2005

65,600 36,100 26,000 3,500 2006

68,200 36,200 28,000 4,000 2007

67,800 39,400 28,000

(23,900)

4,500 2008

70,250 40,100 27,500

(24,800)

5,250 2009

81,100 47,100 26,000

(23,500)

8,000 2010

78,100 42,600 26,000

(23,500)

9,500 2011

80,780 51,300 25,400

(21,050)

11,000 (8,429) 2012

76,683 47,200 25,000

(20,620)

12,000 (8,863) 06.2013

74,847 43,100 25,000

(22,346)

(9,401) 12,150 2013

67,990 38,050 25,000 (8,432) 9,550 06.2014

209 2008-2017 – Including seasonal workers.

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(21,508)

72,436 39,900 25,000

(22,618)

12,950

(9,918)

2014

70,390 37,700 26,000

(21,973)

12,850

(10,717)

2015

69,601 36,800 26,000

(22,446)

11,150

(10,355)

06.2016

73,807 38,900 26,000

(23,074)

14,750

(11,833)

2016

73,486 40,000 26,000

(23,254)

14,000

(10,232)

03.2017

In recent years there is a decline in the total number of agriculture workers in Israel.

2010 was a record year and since the total number of agriculture workers declined in

more than 11,000 workers. While the number of Palestinian and TMW is stable, the

number of Israeli agriculture workers declined in about 10,000 workers.

Table 99: Construction Labor Force210

Total Israeli Palestinians TMW

127,600 71,600 56,000 - 1989

193,500 107,600 85,900 - 1992

185,300 118,300 61,000 6,000 1993

193,100 125,000 46,900 21,200 1994

227,600 144,100 38,000 45,500 1995

245,100 149,900 33,100 62,100 1996

257,500 146,700 42,400 68,400 1997

236,900 116,600 57,800 62,500 2000

219,500 117,000 23,400 79,100 2001

211,200 118,700 13,100 79,500 2002

207,900 129,800 18,000 60,100 2003

193,000 128,700 15,500 48,800 2004

187,800 134,400 18,500 34,900 2006

205,600 150,200 22,500 33,000 2007

213,700 150,700 26,600 36,400 2008

167,500

(205,600)

144,000 15,500

(27,200)

8,000 (33,400) 2009

199,500

(203,000)

173,000 19,500

(20,000)

10,000 (7,000) 2010

192,000 163,300 19,500 9,500 2011

210 2009-2010 quota of foreign and Palestinian include illegal workers.2011-2012 only quota's.2013-

2014 quota's and the actualization number.

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196,500 165,000 24,500 7,300 2012

196,786 163,200 27,500

(27,008)

8,000 (6,578) 06.2013

198,687 165,800 32,500

(27,155)

8,000 (6,742) 2013

214,733 177,100 32,500

(31,735)

8,000 (6,918) 06.2014

215,047 172,600 37,100

(35,335)

8,000

(7,112) 2014

224,737 180,700 37,100

(35,993)

8,000 (8,044)

06.2015

235,855 187,400 41,100

(40,601)

20,000 (7,854) 2015

238,674 187,400 45,100

(42,481)

16,500

(8,793)

06.2016

245,925 188,300 54,100

(48,281)

16,500

(9,344)

2016

251,574 189,600 58,100

(52,423)

16,500

(9,551)

03.2017

In recent year (Since 2012) parallel to the stagnation of the foreign workers number

there is a constant increase in the number of Israeli and Palestinian workers in

Construction. Since mid-2015 there is also a rise in the number of TMW. In 5 year

more than new 50,000 new workers entered the labor force most of them Palestinians

(28,000) than Israeli workers (24,600) and TMW (2,250).

Table 100: foreign workers with experts working visa

Total Without a valid

visa

With a valid visa Foreign workers

with experts

working visa

3,415 1,135 2,280 2009

3,041 716 2,325 2010

3273 741 2,532 2011

3770 791 2,979 2012

3709 831 2,878 2013

3732 918 2,814 06.2014

3,599 757 2,842 2014

3,811 741 3,071 06.2015

4,115 757 3,358 2015

4,626 775 3,851 06.2016

5,411 784 4,627 2016

6,069 775 5,294 03.2017

6,177 788 5,389 06.2017

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Through the years 2009-2017, there is a steady upward trend in the number of

immigrants with experts working visa. Since the end of 2015 the growth rate is higher

than in recent years.

Table 101: Not Israelis working in Israel (Main Populations, in thousands, 2000-

2017)

African

Infiltrators

and

Asylum

Seekers

Temporary

Migrant

Workers

Un

Documented

Foreign

Workers

Palestinian Total

2000 - 128 86 100 314

2005 - 80 98 25 203

2010 32.3 95 90.05 29.5 217.8

2011 55 92 90 30 267

2012 62 93 85.4 47.35 287.75

2013 52.9 90 86.7 51.45 281.5

2014 46.4 90 89.9 56.85 283.15

2015 43.2 93.1 79 58.15 273.45

2016 40.27 100.145 74 67 281.415

06.2017 38.54 104.199 74 69.53 286.269

The change in the calculation of undocumented workers for 2015 lowered the number

of not Israeli workers so is the constant decline in the number of infiltrators. Yet the

number of Palestinian workers and of documented TMW continues to grow steadily.

To this number we can add about 21,000 asylum seekers who are not Africans and are

mainly man from Eastern Europe who are integrated to the Israeli labor force.

Including this group to the total number of not Israelis working in Israel and the total

number is more than 300,000 almost as the record number of the year 2000.

Table 102: Employee Jobs Temporary Migrant and Palestinian Workers 2004-2016211

Number of Employee Jobs

(in Thousands)

Percentage of all Employee

Jobs

2004 68.6 2.7%

2005 74.5 2.9%

2006 78.9 2.9%

211

http://www.cbs.gov.il/reader/shnaton/templ_shnaton.html?num_tab=st12_38&CYear=2017

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2007 88.8 3.2%

2008 108.4 3.7%

2009 110.8 3.8%

2010 117.1 3.8%

2011 128.6 4.1%

2012 140.8 4.3%

2013 156.6 4.7%

2014 168.0 4.8%

2015 177.7 5%

2016 194.0 5.3%

There is a constant increase in the total number and share of temporary migrant

workers and Palestinian employee job since 2004.

Table 103: Employee Jobs of Palestinian Workers in Agriculture and Construction (In

Thousands) 2011-2016212

Palestinian in

Agriculture

Percentage of

all workers

In sector

Palestinian in

Construction

Percentage of

all workers In

Sector

2011 9 11.3% 18.2 10.4%

2012 10.3 12.6% 21.3 11.4%

2013 11.4 13.9% 26.9 13.5%

2014 12.5 15.2% 34.2 16.2%

2015 13.2 16.4% 39.8 17.7%

2016 14.7 17.2% 48.5 19.6%

There is a constant growth in the total number and share of the Palestinian workers in

construction and agriculture. In construction the growth is much more significant and

sharp. This trend should continue in 2017.

Table 104: Employee Jobs of Temporary Migrant Workers (TMW) in Agriculture and

Construction (In Thousands) 2011-2016213

TMW in

Agriculture

Percentage of

all workers in

Sector

TMW in

Construction

Percentage of

all workers

In Sector

2011 23.7 29.6% 10.3 5.9%

2012 23 28.1% 10.2 5.4%

2013 22 26.8% 11.2 5.6%

2014 22.4 27.3% 10.5 5%

2015 20.6 25.7% 11.6 5.2%

2016 22.7 26.6% 13.0 5.3%

After a small decrease in the number and share of temporary migrant workers in

agriculture in 2015 there was an increase in 2016. In construction the trend of small

increase continued. This trend should continue to increase in 2017.

212

Ibid, http://www.cbs.gov.il/reader/shnaton/templ_shnaton.html?num_tab=st12_39x&CYear=2017 213

Ibid

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Table 105: Average Wages (NIS) per Employee Job of Temporary Migrant Workers

2011-2016214

Average

wages

for

Workers

from

Abroad

Agriculture Construction Accommodation

and food

Services

Administrative

and support

service

Social

work

activities

and

home

care

other

2011 4,619 4,890 7,054 6,525 3,352 2,401 7,917

2012 4,892 5,139 7,711 6,380 3,639 2,564 8,179

2013 4,922 5,310 7,102 6,335 3,788 2,685 7,985

2014 5,041 5,363 7,405 6,661 3,744 2,752 8,540

2015 5,385 5,664 7,370 7,061 4,024 2,941 9,154

2016 5,739 5,937 7,847 7,604 4,181 3,090 9,577

The trend of stable growth in the wages of TMW continued. The general raise of the

minimum wage continued to be the main reason for this growth. It should be noted

that in comparison to Israeli workers the average wages of not Israeli workers are

lower.

In construction were the wages were higher than in the other branches the wages

slightly decreased in 2015. The Average wages of social work activities and home

care temporary migrant workers is based on the National Security (BTL) reports to

the CBS. Most of the TMW are not being employed through the companies that work

with the BTL and that is one reason for the low reported wage.

The wage per hours in the sector is low but since the workers in most cases are

working more than 8 Hours a day and 45 Hours a week, it is fairly safe to assume that

the reported wages in the CBS yearly report are lower than the actual wage, which is

still lower than the average wages for Temporary Migrant Workers.

Table 106: Employee Jobs of Temporary Migrant Workers in Home Care

TMW in Home Care

25,900 2011

26,100 2012

26,800 2013

27,800 2014

27,900 2015

29,000 2016

This CBS data of employee jobs in home care sector shows that there is a gap

between the numbers of workers that is almost dabbling the number of employee jobs.

214

Ibid

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The number of employee jobs is much lower than the number of migrant home care

workers. The reason is that the CBS data is based on the National Security reports.

The fact that about half of the employee jobs are not reported indicates that about half

of the employers are not paying the national security payments to the workers or at

least do not report.

The CBS number of employee jobs and the total number of workers and unreported

employee jobs was growing steadily since 2011. This trend should continue in 2016.

Table 107: International Students (CBS Data)

Year Number of International Students

2014/2015 4,500

2015/2016 4,613

There is a small growth in the number of international students but the numbers are

still very low in comparison to the goals of the governmental plan.


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