Volume 133, August 2009 Issue
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												  The Absentee Property Law and Its Implementation in East Jerusalem a Legal Guide and AnalysisNORWEGIAN REFUGEE COUNCIL The Absentee Property Law and its Implementation in East Jerusalem A Legal Guide and Analysis May 2013 May 2013 Written by: Adv. Yotam Ben-Hillel Consulting legal advisor: Adv. Sami Ershied Language editor: Risa Zoll Hebrew-English translations: Al-Kilani Legal Translation, Training & Management Co. Cover photo: The Cliff Hotel, which was declared “absentee property”, and its owner Ali Ayad. (Photo by: Mohammad Haddad, 2013). This publication has been produced with the financial assistance of the Norwegian Ministry of Foreign Affairs. The contents of this publication are the sole responsibility of the authors and can under no circumstances be regarded as reflecting the position or the official opinion of the Norwegian Ministry of Foreign Affairs. The Norwegian Refugee Council (NRC) is an independent, international humanitarian non-governmental organisation that provides assistance, protection and durable solutions to refugees and internally displaced persons worldwide. The author wishes to thank Adv. Talia Sasson, Adv. Daniel Seidmann and Adv. Raphael Shilhav for their insightful comments during the preparation of this study. 3 Table of Contents 1. Introduction ...................................................................................................... 8 2. Background on the Absentee Property Law .................................................. 9 3. Provisions of the Absentee Property Law .................................................... 14 3.1 Definitions ....................................................................................................................
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												  O Occupied East JerusalemOccupied East Jerusalem “De-Palestinization” and Forcible Transfer of Palestinians A situation of systematic breaches of State obligations under the ICCPR JOINT NGO REPORT to the UN Human Rights Committee For the Committee’s Review of the Fourth Periodic Report of ISRAEL Submitted by: The Civic Coalition for Palestinian Rights in Jerusalem (CCPRJ) Contact: Zakaria Odeh, executive director Email: [email protected] Tel: +972 2 2343929 www.civiccoalition-jerusalem.org The Coalition for Jerusalem (CFJ) Contact: Aminah Abdelhaq, coordinator Email: [email protected] Tel: +972 2 6562272 url: www.coalitionforjerusalem.org The Society of St. Yves, Catholic Center for Human Rights (St. Yves) Contact: Dalia Qumsieh, head of advocacy Email: [email protected] Tel: +972 2 6264662 url: www.saintyves.org 1 Content Introduction Paragraph RECOMMENDATIONS A. Constitutional and legal framework within which the Covenant is implemented by Israel in occupied East Jerusalem (Art. 1, 2) Question 4: Application of the Covenant in the Occupied Palestinian Territory (OPT) 4 – 11 Question 5: Equality and non-discrimination in Israeli law, courts; other measures 12 – 22 Recommended Questions to the State party (Art. 1 and 2) B. State of Emergency (Art. 4); derogations from international standards Questions 12, 19: Progress in review of Israel’s state of emergency; derogations 23 – 25 from international standards (complementary issues) Recommended Questions to State party (Article 4) C. Freedom of movement and residence (Art. 12, 2; also 14, 17, 23, 24, 26) Questions 20, 21: Complementary information on Palestinians in East Jerusalem 26 – 34 D. Protection of the Family, Protection of the Child (Art.23, 24, 2; 12, 14, 17, 24, 26) Question 25: Measures taken by the State party to revoke the Citizenship and 35 – 45 Entry Into Israel Law; right to marriage E.
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												  Tightening the Ring of Israeli Settlement Around the Old City of Jerusalem Map NotesTightening the Ring of Israeli Settlement around the Old City of Jerusalem Map Notes December 2018* Numbers below are pegged to numbers on accompanying map. Sheikh Jarrah 1 & 2 Plans for the Ohr Somayach Yeshiva (also, “Glassman Yeshiva”) and a privately promoted office building – Two Israeli plans for buildings to be constructed on a lot of roughly 5 dunams on the southwest edge of the neighborhood, next to the Green Line, on the Palestinian side. The plan for the Ohr Somayach Yeshiva (Plan No. 68858) calls for construction of an eleven-story building with eight levels above ground and three below, including a dormitory for hundreds of students and housing for faculty. The plan was submitted by the Ohr Somayach Institutions, to which the Israel Land Authority has already allotted land without a transparent tender process, and approved for deposit by the District Planning and Building Committee in July 2017. In the master plan for the Sheikh Jarrah neighborhood, the lot is designated for public buildings to serve neighborhood residents. The plan for the six-story office building (Plan No. 499699), submitted by private Israeli entrepreneurs, was deposited in April 2018, and in August 2018, the Local Planning and Building Committee recommended it for approval by the District Committee. The plan was approved in December 2018. 3 & 5 Plans for new construction in Um Haroun (Sheikh Jarrah) necessitating the eviction of Palestinian families – Two plans for new residential buildings that will necessitate the demolition of existing Palestinian homes: Plan No. 14151 for construction of a three-story building with three residential units and Plan No.
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												  The Case of Sheikh JarrahENFORCING HOUSING RIGHTS: THE CASE OF SHEIKH JARRAH Report of the fact-finding mission to Israel and the Occupied Palestinian Territory May 2011 Enforcing Housing Rights: The Case of Sheikh Jarrah Report of the fact-finding mission to Israel and the Occupied Palestinian Territory May 2011 1 © Avocats Sans Frontières (ASF) May 2011 ASF has given mandate to a delegation of English lawyers to prepare an independent report examining the legal situation in Sheikh Jarrah. The views expressed in this report do not necessarily represent those of ASF, or those of the donor, the Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium. Avocats Sans Frontières Rue de Namur 72 1000 Brussels - Belgium Tel: +32 2 223 36 54 WWW.ASF.BE Cover photo: the demolition of the Shepherd Hotel in Sheikh Jarrah, 9 January 2011. ©Atef Safadi Printed: Graffikka, Belgium. [email protected] 2 Acknowledgement The delegation would like to thank everyone who contributed to the making of this report, in particular Stijn Denayer, who coordinated the project for ASF, and Valentina Azarov, who accompanied the mission in Israel and the Occupied Palestinian Territory. The delegation wishes to express its gratitude to all the people and organisations who met with the mission during its visit in December 2010, including the evicted Sheikh Jarrah families. The delegation would also like to thank photographer Atef Safadi. With the support of KINGDOM OF BELGIUM Foreign Affairs, Foreign Trade and Development Cooperation 3 Table of Contents Acronyms 6 1. Introduction 7 1.1. Context of intervention 7 1.2. ASF’s fact-finding mission and objectives 8 2.
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												  The Sheikh Jarrah Affair: the Strategic Implications of Jewish Settlement in an Arab Neighborhood in East JerusalemThe Jerusalem Institute for Israel Studies Established by the Charles H. Revson Foundation The Sheikh Jarrah Affair: The Strategic Implications of Jewish Settlement in an Arab Neighborhood in East Jerusalem Yitzhak Reiter and Lior Lehrs 2010 The JIIS Studies Series no. 404 The Sheikh Jarrah Affair: The Strategic Implications of Jewish Settlement in an Arab Neighborhood in East Jerusalem Yitzhak Reiter and Lior Lehrs © 2010, The Jerusalem Institute for Israel Studies The Hay Elyachar House 20 Radak St., 92186 Jerusalem http://www.jiis.org.il E-mail: [email protected] Table of Contents The Authors ........................................................................................................ 5 Summary............................................................................................................. 6 Introduction.......................................................................................................11 Part A – Historical, Political, and Legal Background................................... 13 1. The Histories of Sheikh Jarrah and Shimon HaTzadik ............................... 13 2. The Use of Symbols of Heritage and Holiness............................................ 20 7KH*HRSROLWLFDO6LJQL¿FDQFHRIWKH1HLJKERUKRRG ................................... 22 4. Proprietary and Legal Issues Behind the Displacement of Palestinian Families..................................................................................... 23 5. The Eviction of Palestinian Residents ........................................................
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												  Jerusalem & Its Changing BoundariesJerusalem & Its Changing Boundaries INTRODUCTION JANUARY 2018 When US President Trump, ignoring the history of the Palestinian-Israeli conflict and of the international consensus on Jerusalem, triggered a storm in the Middle East on 6 December 2017 by announcing the US’s recognition of Jerusalem as Israel’s capital and his intention to move the US embassy to the city from Tel Aviv, he notably stressed that this did not represent a change in US policy on the future borders of Jerusalem, which would remain subject to negotiations among the parties involved. While the international rejection of Trump’s statement on Jerusalem – clearly reflected in the votes in the UN Security Council (14-1) and the General Assembly (128-9) – was nearly unanimous, his declaration has given “support and comfort to the Government of Israel in its pathologic denial of the occupation, of the Palestinian narrative, and of the simple fact that Jerusalem’s status is a matter of dispute, not merely betweenIsrael and the Palestinians, but with respect to the entire international community.”1 Palestinian fears that Trump’s statement will induce the Israeli government to try even more aggressively to demonstrate – and do everything to consolidate – its “exclusive” control over the city (via settlement expansion, property destruction, encroaches on Al-Aqsa Mosque compound, etc.) were clearly justified as the latest Israeli legislative move has shown. On 2 January 2018, the Knesset passed a bill (an amendment to the Basic Law on Jerusalem) that requires a special two-thirds majority vote (as opposed to the previous absolute majority) to relinquish any part of Jerusalem to the Palestinians under a future peace accord, which effectively means that Jerusalem will never be on the negotiating table.
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											Jerusalem Syndrome, Which Can Be Triggered by a Visit to the CityJerusalem, showing municipal borders and neighbourhoods Metropolitan Disorders—10 yonatan mendel NEW JERUSALEM ncyclopædias of psychology cite a type of religious psychosis known as the Jerusalem Syndrome, which can be triggered by a visit to the city. Symptoms can include bellow- ing liturgical songs, delivering moralistic sermons and an Eintensified concern with cleanliness and ritual purity. Though similar reactions have been recorded at other holy cities, notably Rome and Mecca, Jerusalem holds the record for this psychopathology.1 From the point of view of any normal urban logic, however, the city itself appears crazier still. Its boundaries extend far beyond its core population centres, encompassing dozens of villages, barren hilltops, orchards and tracts of desert, as well as new-build suburbs with scant relation to the historical city; in the north, they stretch up, like a long middle finger, nearly to Ramallah, to take in the old Qalandia airport, some 10 kilometres from the Old City walls, and bulge down almost to Bethlehem in the south. Jerusalem’s former Deputy Mayor, Meron Benvenisti, has said of these monstrously extended city limits: I’ve reached the point that when someone says ‘Jerusalem’ I am very cynical about it. This is a term that has been totally emptied of its content. Today there is no geographic concept called ‘Jerusalem’, and instead I suggest using a new term, ‘Jermudin’, which is the territory stretched from Jericho to Modi’in. Someone decided to rub the hills that have no connection to Jerusalem with holy oil, and today we need to deal with a ‘Jerusalem’ region, which is unmanageable and which is held by force.2 But if the cityscape of Jerusalem has no decipherable urban logic, what rationality has shaped its growth? In Benvenisti’s view, ‘it all started from the post-1967 municipal borders and the famous principle of maximum new left review 81 may june 2013 35 36 nlr 81 square kilometres of land and minimum number of Arabs.’3 There is much to be said for this hypothesis; but we will have to begin a little earlier than that.
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											Sheikh JarrahDispossession and Eviction in Jerusalem December 2009 The Civic Coalition for Defending Palestinians’ Rights in Jerusalem DISPOSSESSION & EVICTION IN JERUSALEM The cases and stories of Sheikh Jarrah December 2009 The Civic Coalition for Defending Palestinian Rights in Jerusalem The Civic Coalition for Defending Palestinian Rights in Jerusalem is an independent, non-governmental, non-profit coalition of organizations, institutions, societies and individuals dedicated to the protection and promotion of Palestinian rights in Jerusalem. © The Civic Coalition for Defending Palestinian Rights in Jerusalem, December 2009 All Rights Reserved The Civic Coalition for Defending Palestinian Rights in Jerusalem JERUSALEM – Dahiat Al Barid Email: [email protected] http://www.ccdprj.ps Prepared by: David Hughes, LL.M, Main Researcher, (Civic Coalition) Nathan Derejko, LL.M, (Civic Coalition) Alaa Mahajna, LL.M, (Adalah – The Legal Center for Arab Minority Rights in Israel) Acknowledgments The authors would like to thank the staff and member organizations of the Civic Coalition for Defending Palestinian Rights in Jerusalem for making the present study possible. In particular, Zakaria Odeh, Vykintas Lideikis, Natalie Tabar, Becca Nagorsky, Saleh Abu Hussein, and the Hanoun, Al-Ghawi, Sabbagh, Al-Kurd, Maher Auwada, and Nasebeh families for their insightful comments and valued contributions. The views expressed here are attributable exclusively to the Civic Coalition for Defending Palestinian Rights in Jerusalem. The Civic Coalition would like to thank the
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												  Fact Sheet Regarding the Case of Sheikh JarrahFACT SHEET Page | 1 REGARDING THE CASE OF SHEIKH JARRAH – THE OCCUPIED JERUSALEM Prepared by: Nida’a Yousef, Nasser Thabet Edited by: Hassan Imran, Hiba Birat Revised by: Rawan Husseini, Ihsan Adel Translated by: Asma Louzon, Maryam Alqam, Kerim Assaf Translation Assistant: Saja Abuammouneh English version edited by: Ahmed Almassri, Summia El-Awawdeh Special thanks to the attorneys Hosni Abu Hussein and Sami Irsheed from Jerusalem - The lawyers of the Sheikh Jarrah residents case before the Israeli courts All rights reserved © Law for Palestine - United Kingdom May 2021 Executive Summary: This last week the world bore witness to an escalation of tension in the Sheikh Jarrah Page | 2 neighborhood- a Palestinian area located north of the Old City of the occupied East Jerusalem- due to the demands of Israeli settlers to forcibly evict Palestinian families who live in the neighborhood. As a result, many civilians have been either injured or arrested and tension in the entire Palestinian territories is at an all-time high. Over the past few years, a number of Palestinian families have been forcedly evicted from this neighborhood, and more than 27 Palestinian families, approximately 500 persons, are also under threat; these families are at risk of dispossession and forced eviction. It is obvious that the facts documented in this paper bear out the Israeli occupation’s true intentions; supported by their courts and discriminatory laws, the occupation is seeking to transfer ownership of these homes from their original owners to Israeli settlers. According to the legal analysis of the rules of international law, Jordanian laws, Ottoman documents, and Israeli laws, we find ourselves facing a situation of forceful land usurpation aided by discriminatory policies and laws.
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												  Joint Urgent Appeal to the United Nations Special Procedures on Forced Evictions in East JerusalemJoint Urgent Appeal to the United Nations Special Procedures on Forced Evictions in East Jerusalem Date: 10 March 2021 Submitted by: 1. The Palestinian Human Rights Organisation Council, compromising of: - Al-Haq, Law in the Service of Man - Al Mezan Center for Human Rights - Addameer Prisoner Support and Human Rights Association - Palestinian Centre for Human Rights - DCI - Defense for Children International – Palestine - Jerusalem Legal Aid and Human Rights Center - Aldameer Association for Human Rights - Ramallah Center for Human Rights Studies - Hurryyat - Center for Defense of Liberties and Civil Rights - The Independent Commission for Human Rights (Ombudsman Office) - Observer Member - Muwatin Institute for Democracy and Human Rights - Observer Member 2. The Civic Coalition for Palestinian Rights in Jerusalem 3. Community Action Center, Al-Quds University 4. Cairo Institute for Human Rights Studies For the attention of: - The United Nations Special Rapporteur on the situation of human rights in the Palestinian territory occupied since 1967, Mr. S. Michael Lynk; - The United Nations Special Rapporteur on the human rights of internally displaced persons, Ms. Cecilia Jimenez-Damary; Joint Urgent Appeal to the United Nations Special Procedures on Forced Evictions in East Jerusalem – 10 March 2021 - The United Nations Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context, Mr. Balakrishnan Rajagopal; - The United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Ms. E. Tendayi Achiume; - The United Nations Special Rapporteur on the rights of indigenous peoples, Mr. Francisco Cali Tzay; and - The United Nations Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Ms.
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												  Stadt Des Unfriedens Explosive Mischung: Jerusalem Wurde Seit Dem Abschluss Der Oslo-Abkommen Vor 21 Jahren Schauplatz Unzähliger TerroranschlägeAUSLAND Givat Zeev Hussein Abu Khdeir Schuafat, Ostjersualem Neve Yaakov Racheli Ibenboim Mea Schearim, Westjerusalem Har Juli 1997 Adar April 2002 Yafo Str. Pisgat Zeev Mahane Jehuda Ramot Markt Alon Shuafat Juni 2003 Jänner 2002 Rmat März 1996 Grüne Linie Shlomo August 2001 Yafo Str. (Waenstillstands- grenze von 1949) Mai 2003 März 2002 French Hill King GeorgBen-Jehuda-Str. Str. Juni 2002 Jerusalem Stadtgebiet HEBRÄISCHE Dez. 2001 Oktober 2014 UNIVERSITÄT JERUSALEM Sept.1997 November 2014 ZENTRALE Juli 2002 STADTZENTRUM Februar 1996 BUSSTATION 6. März 2015 Nahalat Shimon Sheikh (Campus Osnat Kollek Mea Schearim Jarrah Mount Scopus) Rehavia, Westjerusalem Juli 2008 Februar 2015 November 2014 HEBRÄISCHE Beit Orot Har UNIVERSITÄT ZENTRUM Scharon-Haus Maale Nof JERUSALEM Maale Adumim Bashir Bashir KNESSET ALTSTADT Die Trennmauer Rehavia, Westjerusalem Rehavia David Maale März 2002 Silwan Zeitim Jänner 2004 Ir David Talbieh Österreichisches WEST- Feb. 2004 Hospiz Kidmat Zion JERUSALEM Emek Refaim/ Grabes- Abu Dis kirche November 2002 Deutsche Kolonie Muslimisches OST- Viertel September 2003 Via Dolorosa Kiryat JERUSALEM Juni 2002 Menahem Tempel- berg WESTJORDANLAND Jabal Christliches Felsendom JERUSALEM Mukabar Viertel Klagemauer ISRAEL Jüdisches Viertel 2km Armenisches Sur Bahir Viertel ALTSTADT Oktober 2008 Gilo Har Homa Issa Freij Christliches Viertel, Altstadt von Jerusalem Stadt des Unfriedens Explosive Mischung: Jerusalem wurde seit dem Abschluss der Oslo-Abkommen vor 21 Jahren Schauplatz unzähliger Terroranschläge. Der Bau von jüdischen Siedlungen in Ostjerusalem und profilinfografik•noa dem angrenzenden Westjordanland trägt zur Spannung in der heiligen Stadt bei. 60 profil 11 • 9. März 2015 Givat Zeev Wo die Götter wohnen Hussein Abu Khdeir Jerusalem, Israels „ewig geeinte Hauptstadt“, ist heute Schuafat, Ostjersualem Neve geteilter denn je: zwischen Israelis und Palästinensern, Yaakov zwischen Christen, Juden und Moslems, zwischen religiösen und säkularen Juden.
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												  14 December 2020 Excellency, We Have the Honour to Address You InPALAIS DES NATIONS • 1211 GENEVA 10, SWITZERLAND Mandates of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context and the Special Rapporteur on the situation of human rights in the Palestinian territory occupied since 1967 REFERENCE: AL ISR 11/2020 14 December 2020 Excellency, We have the honour to address you in our capacity as Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context and Special Rapporteur on the situation of human rights in the Palestinian territory occupied since 1967, pursuant to Human Rights Council resolutions 43/14 and 1993/2A. In this connection, we would like to bring to the attention of your Excellency’s Government information we have received concerning the alleged imminent forced evictions against eight Palestinian families- the Al-Kurd, Al-Daoudi, Abdurey- Dajani, Hammad, Iskafi, Al-Qassim, Al-Jauni and Al-Sabagh families - from their home in Sheik Jarrah, East Jerusalem. According to the information received: On 8 October 2020, the Jerusalem Magistrate Court granted a petition requested by the Nahalat Shimon International Company to evict four Palestinian families in Sheik Jarrah, a neighbourhood located between the Old City of Jerusalem and Mount Scopus. The eviction lawsuits were initiated by the Nahalat Shimon International Company sometime between September 2009 and December 2010. The four separate eviction cases were jointly heard, based on a court decision issued on 15 November 2015.