Minister must help 46 Palestinians come here

It is not that much trouble, the court has ruled. The minister can perfectly well help 46 Palestinians leave Gaza, collect their visa and come here for study or research.

Some of them are already here by now, but a few months ago a group of 46 Palestinians had difficulty crossing the border into Jordan. Documents were waiting for them at the Dutch embassy there, allowing them to come here for a degree programme or research position.

The government should provide these people with consular assistance, the host universities argued. Wageningen supported three of these Palestinians in a legal case against the State. They lost that case, but an appeal followed.

There is just one problem: the appeal could take a long time, so if these people eventually win, it will be of little use to them. That is why they asked the court for a ‘provisional measure’, in other words a preliminary ruling on their request for help.

Outcome

The minister must indeed help them – that is the outcome. After all, it is only a minor effort. These people do not need to be collected from the country; it would simply help if the government used diplomatic channels to enable them to cross the border with Jordan.

This ruling therefore concerns a balancing of interests. The consequences for the Palestinians are serious: they may in practice be unable to obtain justice through the appeal, because the procedure could take a long time. Set against that is the fact that the effort requested from the government is limited.

An earlier provisional measure in March had already been decided in favour of two Palestinian students. They were due to come to Wageningen University for a master’s degree.

Asylum?

That did not go down well with governing party VVD. The party fears that these people will apply for asylum here. Applying for asylum is a right, the ministry replied in written questions, so that is something they may do once they are here.

And the provisional measure? Minister of Foreign Affairs Tom Berendsen ‘can agree with the imposed measure neither in form nor in substance’, the reply to VVD states. This position will be defended in the appeal. “This naturally does not alter the fact that the imposed measures in the relevant cases will be carried out.”