Citizenship Rights in East Jerusalem

Protecting Palestinian citizenship rights in East Jerusalem

Report 2014

PROTECTING PALESTINIAN CITIZENSHIP RIGHTS IN EAST JERUSALEM

Protecting Palestinian Citizenship Rights in East Jerusalem

1 PROTECTING PALESTINIAN CITIZENSHIP RIGHTS IN EAST JERUSALEM

2 PROTECTING PALESTINIAN CITIZENSHIP RIGHTS IN EAST JERUSALEM Contents

Special Thanks 5

Background 7

Introduction 9

Chapter One: An Introduction to Jerusalem 13 The Jerusalem Master Plan 2000 14 Adalah Objections to the Jerusalem Regional Master Plan 15 The Demographic Balance and Land Expropriation 17 Urban Planning and Policies 18 Land Policies in Jerusalem 18 Demolitions and Building Permits 18 The Barrier 18 Checkpoints 19 Conclusion 19

Chapter Two: Citizenship Rights 21 Introduction 21 The Status of Palestinian Jerusalemites, 1967 - Present 21 The Municipality’s Master Plan 22 Residency Revocation 22 Family Unification 23 Child Registration 23 Illegality of Israel’s Residency Policies in Occupied Jerusalem 24 Aliyah, Residency Rights for Jews in Israel 24 Conclusion 25

Chapter Three: House Demolitions and Displacement 27 Introduction 27 Israel’s Demolition Policy 28 The Demolition Process 28 The Impact of Demolitions on Palestinian Families 30 Conclusion 31

Chapter Four: The Disappearing Cultural Heritage 33 Introduction 33 Historical Background 33 Sites of Significance in the Old City of Jerusalem 33 Timeline of Threats against Significant Sites 34 Israel Responds: A Year of National Heritage 35 Altering Street Names, Changing the Past 35 Cultural and Intellectual Robbery 36 Efforts to Preserve Palestinian Heritage 36 Legal Implications 37 Conclusion 37

Conclusion 39

Endnotes 40

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Special Thanks...

We would like to say a special thank you to the following individuals who contributed to the drafting of this paper:

Megan Driscol (International Campaign to Protect Palestinian Residency in Jerusalem) Linda Ramsden (Director, ICAHD UK) Amaani Hoddoon (Student and FOA Intern, Summer 2013)

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6 PROTECTING PALESTINIAN CITIZENSHIP RIGHTS IN EAST JERUSALEM Background

The Palestinian heritage within the city of Jerusa- heritage in the city is being jeopardised as a result lem spans millennia. Christian, Muslim and Jewish of deliberate policies which amplify Jewish religious Palestinians lived and worshipped in the Old City for and historic claims while undermining, deliber- centuries, long before the state of Israel was created. ately or otherwise, Palestinian Muslim and Chris- In 1967, when Israel began its current occupation tian heritage. Citizenship rights are under constant of East Jerusalem it was compelled by international threat and family unification is routinely denied due law to govern in accordance with the Fourth Geneva to complex and iniquitous residency laws, which Convention, which places a number of obligations regulate Palestinians while Israeli Jews and illegal on Israel in its administration of the Palestinian terri- settlers are conversely allowed free access to the city. tory. East Jerusalem contains the major religious sites Further to this, the natural expansion of Palestinian sacred to Muslims (Al-Aqsa), Christians (Church of families is not accommodated by regulations such as the Holy Sepulchre) and Jews (The Wailing Wall). planning and building permits, making everyday life tremendously difficult. Desperately needed homes Palestinian civilians in Jerusalem are ‘protected’ built illegally due to the lack of permit grants are in civilians in accordance with the provisions of the constant threat of demolitions. Fourth Geneva Convention, as well as the Hague Regulations. According to the provisions contained within these international instruments, there is no difference between East Jerusalem, and the rest of the West Bank. It is considered to be occupied land since 1967, belonging to the Palestinian people. Israel has ratified the Fourth Geneva Convention and is bound to follow its provisions, which include a prohibition against forcibly transferring occupied people out of their territory and transferring ‘parts of its own civilian population into the territory it occupies’ (Article 49).

While Jerusalem is often called a contentious city, with Israel attempting to annex it by creating a ‘Greater Jerusalem’ surrounded by a ring of illegal settlements intended to consolidate Israeli control of East Jerusalem, in fact the legal and historic Pales- tinian rights to the city are unequivocal. Prior to the occupation of the city, Jerusalem was a Palestinian city which was administered by various authorities. Since the creation of Israel in 1948, at the same time when numerous other jurisdictions entered state- hood, Palestine was not given the same opportunity. Due to the fracture caused by the war of 1947/48, and the creation of hundreds of thousands of Palestinian refugees, the Palestinian Territories were unable to achieve self-determination. Jordan administered Jerusalem and the West Bank and before a state of Palestine could emerge, Israel’s occupation began. The occupation of East Jerusalem has persisted The lack of a Palestinian state prior to the occupa- for almost 50 years. Palestinian Jerusalemites whose tion is used misleadingly by some Israeli politicians, families have resided in the exceptional city for gener- to suggest that therefore there is no occupation. ations retain ties to the land, which are deep-seated This is a deliberate obfuscation and is rejected by the and remarkable. Their struggle to remain in their city international community, which has passed several of birth and heritage is full of sorrow and distress, as UN Resolutions calling for an end to the occupation. they became relegated to second-class citizens facing the constant threat of deportation from the city. This This report outlines Israeli polices in Jerusa- report outlines their struggle and why there is a need lem since 1967 which have undermined Palestinian for international attention and intervention to put an rights within the city and stripped Palestinians of end to this unjust, prejudiced and illegal occupation free access to their holy religious sites. Palestinian of East Jerusalem.

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8 PROTECTING PALESTINIAN CITIZENSHIP RIGHTS IN EAST JERUSALEM Introduction

Jerusalem is a city that occupies hearts and minds constant threat of eviction and trespass as Israel lays for billions of people around the world. The Islamic claim to their neighbourhood. This is an escalation of traditions venerate the Holy Al-Aqsa Sanctuary as the occupation which now seeks to erase the cultural the most important site in Jerusalem and the point heritage of the Palestinians. An Israeli archaeolo- of departure for the prophet Muhammad on the gist, Yonatan Mizrahi, who previously worked for the celestial night journey. The Jewish traditions elevate Israeli Antiquities Authority left his position as he the Western Wall of the Al-Aqsa complex as the was disturbed by the use of archaeology for political remains of the celebrated Temple of Solomon. The purposes. He commented that even if archaeologists Christian traditions commemorate the life of Jesus were to dig up a big sign which read ‘Welcome to King within the city and mark the journey to his crucifix- David’s Palace’, that would not give Jewish Israelis the ion along the rambling alleys of the Old City to the right to claim East Jerusalem today. “Just like if the Church of Holy Sepulchre. Vatican found something here, it wouldn’t give the church the right to take ownership of this land. The Palestinian Jerusalemites, of all three Abrahamic bottom line is that Palestinians are the majority in faiths, have inhabited this holy place for centuries with East Jerusalem.”2 minor exceptions. During the 1948 war, the historic city was carved up with West Jerusalem coming under Israeli control and East Jerusalem, home to the Old City, staying within Jordanian control. The war and occupation of 1967 marked the beginning of the occupation of East Jerusalem and the struggle over control and access to religious sites became an everyday struggle for those within the city.

In East Jerusalem, the holy sites to Islam, Christi- anity and Judaism have all come under Israeli administration as part of the Israeli efforts to unify East and West Jerusalem to create a single Jerusalem. This Israeli attempt to unify Jerusalem was rejected by the international community in a UN Resolution1 which stated that the measures taken by Israel to change the status of the city are invalid and they called on Israel to ‘desist forthwith from taking any action which would alter the status of Jerusalem’. Silwan is a small example of the risk Palestinians After the occupation, Israel provided Palestinians in Jerusalem face under occupation. For many years, within the city with a ‘permanent residents’ status, Palestinians within the West Bank have been unable and, those who fled from the violence were devastat- to freely visit the city of Jerusalem and are barred ingly not allowed to return home to Jerusalem and from even visiting family members without an Israeli have remained refugees since. permit. Such permits are hard to obtain and create a division between Palestinians in East Jerusalem and East Jerusalem has changed dramatically since communities in the West Bank. This separation has the occupation began. Palestinian suburbs and been reinforced by the building of a massive illegal districts have undergone massive transformations settlement belt around the whole of East Jerusa- and pressures from Israeli settlers are changing lem. Once incorporated into the city, the deliberate Palestinian areas beyond recognition. The Silwan strategy of settlement building will result in a Jewish neighbourhood in East Jerusalem is nestled on the Israeli majority of 70 per cent in Israel’s unified hill-side with a glorious view of the golden Dome of version of Jerusalem, thus deliberately engineering a the Rock sat atop the Al-Aqsa esplanade. The once change to the facts on the ground to allow greater Arab neighbourhood is being gradually occupied by credibility to Israeli claims over the city. Of the 18,000 settlers, and dozens of Israeli flags can be seen across acres of land comprising East Jerusalem before 1967, rooftops in the area. The neighbourhood, which has almost 10,000 was expropriated from Palestinians been home to generations of Palestinian families is directly or indirectly for Israeli use.3 now hailed as the ‘City of David’ and its character and spirit is being destroyed in favour of a Jewish By cutting off East Jerusalem from the West Israeli claim to the city based on religious mythol- Bank, Israel also ensures that Palestinian claims to ogy. Silwan’s 40,000 Palestinian residents now face the city are undermined. The settlement plan was

9 PROTECTING PALESTINIAN CITIZENSHIP RIGHTS IN EAST JERUSALEM conceived early on. Israel declared that only 12 per cent of the land in East Jerusalem was to be zoned for Palestinian residential purposes. All of this land was already developed when the occupation began, thus no growth was being catered for. In contrast, 34 per cent of the land was zoned for future Jewish only settlements which were yet to be constructed.4 The building of settlements commenced decades ago and have shown no signs of abating. Month after month, settlement expansion continues as the growth of the orthodox extreme religious settler numbers increase. The birth rate amongst the settler population is three-times greater than the rest of the Israeli population5 leading to a faster rate of increase in the settler population. In 2012 alone, the settler population increased by 4.7 per cent.6

The building of the Separation Wall is complet- ing the incorporation of the illegal settlements into Israel. The wall is intended to create a de-facto border between Israel and the West Bank, which finally and completely cuts Palestinians off from Jerusalem. This will result in a complete demographic change to the city of Jerusalem:

Current Demographic status in Jerusalem (2013)7 Number Percentage Palestinians 268,000 35% Jewish Israelis 492,000 65% Total 760,000 100%

The route of the wall means that 130,000 Palestin- ian Jerusalemites will be isolated from Jerusalem. 210,000 illegal Israeli settlers on the other hand will be annexed by the wall. Thus, the demographic change will be devastating and Palestinians will become a small minority in a city which is pivotal to them historically and culturally; through a deliberately engineered process by Israel to alter the facts on ground. There are sixteen checkpoints along the barrier surrounding East Jerusalem and Palestinians who are lucky enough to obtain a permit to travel can only use four of these checkpoints.

The occupation of East Jerusalem has been devastating for Palestinians. The city was the critical centre of the Palestinian economy before 1967 and housed the major political, educational and health care institutions. By severing the link, the stability of the Palestinian economy and society is undermined and the damage is long lasting. Israel has entrenched its occupation using a number of measures, which ensure Palestinians have little control over their own land. This report assembles contributions from organisations and individuals with an expertise in the occupation of Jerusalem, and aims to provide a full over view of the situation on the ground and the degree of oppressive policies suffered by Palestinian residents in the city.

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12 PROTECTING PALESTINIAN CITIZENSHIP RIGHTS IN EAST JERUSALEM Chapter One: An Introduction to Jerusalem

The status of Jerusalem as a potential interna- West Jerusalem and Jordan administrated Palestinian tional or divided city is a controversial issue today. East Jerusalem. Following the occupation, both sides Since the occupation of East Jerusalem in 1967, are now administrated by Israel whose claims of the ‘reunification’ of Jerusalem by Israel has been sovereignty over the whole ‘united’ city are rejected witnessed. Jerusalem is situated in the West Bank, by the international community. Upon occupation, and in Eastern Israel. The historic city existed on both Israel unilaterally changed the boundaries of the city sides of the armistice ‘green’ line and was split into from 6 sq km to 64 sq km. East and West Jerusalem in 1948. Israel controlled

Source: UNISPAL8

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Culturally, Jerusalem enjoys a healthy tourist inaccessible to English readers, but the Coalition for industry and travellers are magnetically drawn to East Jerusalem has translated part of the document into Jerusalem and the Old City is a main attraction. Over English,14 which outlines the Plan. The plan forecasts 3.1 million non-domestic tourists visited the city in that current population demographics suggest that 2012 and the current mayor, Nir Barkat, announced the Arab population in 2020, without the migration plans to increase this number to 10 million annually of Jews, will be 40%.15 This is much higher than the in the next decade, at the Second Jerusalem Interna- previously preferred demographic ratio balance. The tional Tourism Summit.9 80% of tourists visiting Israel Master Plan set out developments for Jerusalem visit Jerusalem during their trip, and in the entire which would ensure that Jewish demographic advan- industry in 2011, Israeli income from tourists was tage prevails in Jerusalem. $US 3.8 billion.10 Palestinians in Jerusalem make up a third of the city’s total population, but the Israeli authorities only invest up to 11.75% of the municipal budget in Arab areas.11 Thus, despite the tourist revenues which are being created by the Old City of Jerusalem in Palestinian East Jerusalem, the Pales- tinian Jerusalemites do not benefit from this income which Israel absorbs.

This chapter will explore the ways in which Jerusa- lem’s character is changing and discuss the geo-political implications of these changes. It will address the Jerusalem Master Plan 2000, and implementation policies undertaken by Israel to bring fruition to this plan.

The Jerusalem Master Plan 2000

Following the annexation of East Jerusalem in 1967 and the ‘unification’ of West and East Jerusalem, the Israeli state claimed Jerusalem as its capital in 1980. Although this has been rejected by the international community, the General Assembly of the United Nations had in fact proposed previously that Jerusalem be an international city, however they asserted that neither Palestine nor Israel should be able to claim the city as their capital. In 1947, the General Assembly Resolution 303 stated that Jerusalem was to be established as a corpus separatum to be administered by the UN. In a UNCTAD report released in May 2013, however, it was stated that Jerusalem as an international city is unrealistic. The Israeli authorities have been adminis- tering Jerusalem since 1967, including occupied East Jerusalem.12 All member states of the United Nations have rejected Israeli claims and refused to move their embassies from Tel Aviv, the recognised capital of Israel. Although the entirety of Jerusalem is administered under Israeli law, it can be considered to be Barkat has written that the master plan for divided politically, socially and physically. Since the Jerusalem is being implemented and that “practically annexation of East Jerusalem, Israel has attempted everyone is working according to this plan, although to control the city’s demography. Palestinians have it is not yet official”.16 Much of the plan focuses on struggled immensely with development, while Israeli the expansion of residential areas in Jerusalem and settlements continue to grow rapidly. Since 1967, the the establishment of new Jewish neighbourhoods. Israeli authorities created ‘facts on the ground’ which The plan is also known as Plan No. 4 and is not a obfuscate a resolution on the issue of Jerusalem. prominent feature in Israeli legislation or discourse and there is no official recognition of it. However, the The Jerusalem Master Plan 2000 was the first ideas outlined in the Plan are wholly consistent with major plan for the city since 1959.13 It contends with the actions undertaken by the Israeli administration everything from transportation to open spaces. The in Jerusalem, and the expansion of the settlements official plan is available in Hebrew which makes it consolidated by the building of the wall.

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A further ‘Jerusalem Regional Master Plan’ was Thus, the transportation system would connect published in 2008, and drew great objection from the Gush Etzion area with the Ma’ale Adumim human rights groups on the ground. In Particular, bloc and E1, and with the Givat Ze’ev bloc, as well Adalah, the Legal Centre for Arab Minority Rights as connecting all of these settlements with the in Israel, objected to the plans on the following Jerusalem city centre and the Jerusalem district. grounds:17 5. An analysis of the route of the Eastern Ring road, Adalah Objections to the Jerusalem for example, and the route of the proposed Regional Master Plan railway indicates that they would in practice only serve the Jewish Israeli population and that it would be very difficult for the Palestinians in the area to use them. In other words, the planned infrastructure excludes the Palestinian population, on the basis of their national belonging, and the sole purpose of this infrastructure is to 1. The master plan for the Jerusalem region would strengthen and develop the settlements in the carve up the Palestinian neighbourhoods in area of East Jerusalem and the West Bank, and Jerusalem and sever them from each other, and to connect them directly and conveniently to would violate the constitutional rights of their Jerusalem. residents. The designation of large tracts of land for roads and railroads would lead to the 6. The designation of large tracts of land for roads massive expropriation of land from the Pales- and railways would lead to the expropriation of tinian population, harm what few land reserves these lands from the Palestinians, would harm remain in these neighbourhoods for future what few land reserves remain in these neigh- development, and greatly reduce the potential bourhoods for future development, and would areas available for housing and additional devel- greatly reduce the potential areas for housing opment purposes. and other development purposes, including economic and social development. 2. An analysis of the plan’s documents indicates that its goal is political and that it is designed to ensure 7. The proposed transportation system, in conjunc- full and perpetual Israeli control over occupied tion with the Separation Wall in the area, would territory for the use of the Israeli population, and constitute physical borders severing Palestinian to ensure a long-term Jewish majority in the area neighbourhoods from each other. The severing of the city of Jerusalem. Indeed, “the recommen- of these neighbourhoods will also make it very dations for strengthening and developing the city difficult to continue to conduct social, family of Jerusalem” on page 9 stipulate, inter alia, that: and neighbourhood relations, in addition to the “The population target set for the year 2020 existing economic relations between the neigh- requires the preservation of the Jewish majority bourhoods. […].” 8. The proposed transportation system treats the Restrictions on the development of Palestinian East Jerusalem area like an empty, unpopulated areas to promote the interests of the settlements space. The drafters of the plan ignore the existence of a large number of homes adjacent to 3. The plan proposes a transportation and road or on the route of this transportation system. system that disregards the legitimate interests of They draw the lines of infrastructure without any the Palestinian residents of East Jerusalem. The consideration to the legitimate planning interests plan would carve up the Palestinian neighbour- of the residents of the existing Palestinian neigh- hoods and preclude their future development, bourhoods. This would lead to the demolition of turning them into islands cut off geographically, a large number of homes and the expulsion of economically, socially and transportationally their inhabitants. Even in the best case scenario, even from their immediate surroundings; not noise and air pollution would severely harm the to speak of blocking any possibility of the future residents’ quality of life. development of these neighbourhoods and making it difficult for their residents to access 9. The plan’s directives impose many additional public services, even when these services are restrictions that would check the future develop- located close by. ment of the Palestinian neighbourhoods in East Jerusalem. For example, the plan conditions the 4. At the same time, an analysis of the plan’s approval of local master plans and the granting documents indicates that the primary objec- of building permits on the existence of legally- tives of the planners are the political interests of approved sewage plans. However, as is well expanding and strengthening the settlements. known, there are no sewage systems in most of

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the Palestinian neighbourhoods of Jerusalem. ramifications of extensive expropriations in the According to data from the Palestinian Central area on landowners, etc. Bureau of Statistics, Statistical Yearbook – Jerusalem, No. 9, sewage systems exist in only 13. Constitutional law: The objectors argued that the nine of the 31 neighbourhoods/villages in East plan severely violates the right of property of the Jerusalem (p. 128). This clause makes it even Palestinian residents in the planned area under more difficult to obtain building permits, already Article 3 of the Basic Law: Human Dignity and a cause of great hardship for the Palestinian Liberty, as well as their right to dignity according population. to Article 2 of this law. Pursuant to these laws, Israel must give equal consideration to the Pales- 10. Moreover, the plan demarcates the area of the tinian population’s right to development. Old City and its surroundings and stipulates the need to preserve the character of the area. 14. The proposed transportation infrastructure The borders of the Old City in the plan extend would lead to the massive expropriation of land far beyond the walls of the Old City and reach in Palestinian areas within the confines of the adjacent or nearby Palestinian neighbourhoods. plan and would make it difficult for the residents Thus, the stipulation that development in these to reach their lands. This would also constitute areas is conditional upon preservation and a very serious violation of the residents’ right to rehabilitation would constitute an unjustified property and their ability to enjoy the land they constraint on development. In addition, the plan own, and harm the rights of the residents to a designates a large area adjacent to the Pales- livelihood and dignified existence. In addition, the tinian neighbourhoods of Gabal al-Mokaber and Jerusalem Regional Master Plan strips the area’s al-Thori as “a nature reservation.” This designa- Palestinian neighbourhoods of land resources tion means precluding the development of these critical for their urban and economic develop- Palestinian neighbourhoods. ment. All this constitutes discrimination on the basis of national belonging, which amounts to a Violations of Israeli law violation of human dignity.

11. According to court rulings, Israel’s actions in the Violations of international law area covered by the plan, as occupied territory, is subject to both the rules of Israeli administrative 15. An analysis of the plan’s documents indicates law and constitutional law, and primarily the Basic that it would necessarily entail the expropria- Law: Human Dignity and Liberty. In recent years, tion of occupied Palestinian land and violate the the Supreme Court has referred to the language, basic rights of the Palestinian residents in these spirit and constitutional analysis of the law when areas. The plan’s main purpose is political and discussing the human rights of the residents inconsistent with international law to which the of the Occupied Palestinian Territory (OPT). State of Israel is bound as an occupying power in East Jerusalem. International humanitarian law requires Israel to address the vital needs of the civilian population under occupation and to refrain from implementing fundamental changes in the occupied area. It also prohibits the expropriation of the residents’ lands for political objectives. In this case, it is patently clear (and even expressed in the plan’s objectives as stated in its directives) that the violation of the Pales- tinian population’s rights in the area is not for immediate, essential military reasons that under international law would temporarily justify the 12. Administrative law: The decision to submit this violation. plan was made in complete violation of the rules of sound administration and in contravention of 16. As is well known, immediately after the 1967 the basic principles of administrative law. Despite War, the government of Israel decided to annex the fact that the plan addresses and affects broad approximately 70,500 dunams of occupied terri- areas in which a Palestinian population resides, tory north, east and south of Jerusalem (now the planning committee and planners did not known as East Jerusalem). The annexation, which consider how the plan might harm the existing was implemented unilaterally, did not alter the neighbourhoods, the mobility of the Palestinian legal status of East Jerusalem under interna- population in the area, the need for the future tional law and it remains, as it was on the eve development of these neighbourhoods, the of annexation, Occupied Palestinian Territory, impact of isolating them from each other, the and its residents are protected residents under

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the Fourth Geneva Convention. Indeed, the The Demographic Balance and International Court of Justice (ICJ) in its advisory Land Expropriation opinion of 9 July 2004 on the Separation Wall constructed by Israel, addresses, inter alia, the The annexation of East Jerusalem was undertaken status of East Jerusalem in international law. The with one purpose in mind: to create a single city with ICJ unequivocally reiterated that the status of a Jewish majority and a negligible Palestinian popula- East Jerusalem, like the status of the West Bank tion.19 In order to achieve this vision, a number of and the Gaza Strip, is occupied territory; that is, steps needed to be taken, including positive strate- a place where the Israeli army rules in a real and gies to maximise Jewish migration to East Jerusalem operative way. The rule stating that the use of and the potential for increasing the Jewish population force must not produce or lead to any transfer through settlement building. The annexation covered or change of sovereignty constitutes one of the 70.5 km² of land20 and Palestinian Arabs owned the fundamental principles of international humani- majority of the expropriated land privately.21 A census tarian law. Thus, for example, Article 47 of the was conducted by Israel soon after East Jerusalem’s Fourth Geneva Convention of 1949 stipulates annexation which resulted in 30,000 Palestinian that the convention applies to the population Jerusalemites being excluded from the city.22 in the occupied territory, even if it has been annexed to the occupying power.

17. As detailed above, the master plan would create a considerable destruction to extensive tracts of land for the purpose of the construction of settlements and an infrastructure system of roads and railways that would primarily serve the residents of the settlements and West Jerusalem, in contravention of Article 53 of the Fourth Geneva Convention.

18. Further, Article 147 of the Fourth Geneva Convention states that extensive “appropriation Demographic control is one of the main reasons of property” in the occupied territories consti- for the Israeli authorities’ attempts to limit the Arab tutes a “grave breach” of the convention. population. The Israeli government emphasises that it aims to maintain a 70% Jewish majority in Jerusalem 19. The provisions of international humanitarian law against a 30% Palestinian population, although a prohibit the occupying power – that is, the State 60:40 ratio is more probable by 2020.23 The authori- of Israel, including all of its institutions – from ties have attempted to reach this goal through altering the character and nature of the proper- restricting the population growth of the Palestinians ties in occupied territories unless this is under- by refusing citizenship rights and encouraging Jewish taken in a proportionate way, for reasons of migration to Jerusalem, particularly in settlements military exigency or to benefit the local popula- built upon expropriated land in Jerusalem.24 tion, as stipulated in Article 43 of the Hague Regulations. The Jerusalem Regional Master Since 1967, East Jerusalem has experienced an Plan, however, does not fall within the frame- influx of Jewish migrants. Before 1967, it was almost work of these exceptions. Thus, for instance, its entirely inhabited by Palestinian Arabs but by 2012, main goal is described as, “The development of almost 195,000 Jewish Israelis now lived there.25 Jerusalem as the capital of Israel and as an area Achieving an even larger Jewish majority in Jerusalem connected to the Jewish people, while enabling would not only further change the character of the additional religions to exist in dignity.” city, but it would also destabilise rightful Palestinian claims to the city.

These concerns detail the degree to which Israeli 15 of the illegal settlements built by Israel since policies in Jerusalem deliberately undermine the 1967 are in the city of Jerusalem according to the Palestinian heritage and basic rights within the new boundaries imposed by Israel.26 One settle- city. A number of human rights monitoring groups ment just outside Jerusalem, Ma’ale Adummim, has raised similar concerns however, ultimately, in a population of around 40,000. From 1993 to 2000, September 2012 the National Council for Building its population had grown from 17,000 to 25,000.27 and Planning (NCBP) rejected all of the objections 18 The government encouraged population growth in raised. Thus, despite the extent of the this settlement by reducing land prices and providing infringement of rights, Israeli policies of abject state allowances for mortgages. These Israeli settle- discrimination against Palestinian citizens of ments hinder future building and development Jerusalem will continue unabated. opportunities for Palestinians in East Jerusalem.

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Urban Planning and Policies option of demolishing their own building. If this is not implemented, the municipality will carry out the Land Policies in Jerusalem demolition and charge the residents a fee at a much higher rate than it would cost them to demolish the Israeli urban policies have attempted to curb the building themselves. With 77% of Palestinians in East growth of the Arab population through controlling Jerusalem living below the poverty line, they are left Arab residential expansion. The Jerusalem Master with little choice but to demolish their own homes. Plan 2000 states that there is a need to maintain a Own demolitions are generally not included in Jewish majority in Jerusalem, which will be achieved municipality statistics that show how many demoli- principally through migration.28 However, due to tions have taken place. Of 85 demolitions carried out Jewish emigration out of Jerusalem and a higher in 2008, 27 of these were ‘voluntary’ demolitions.34 birth rate amongst Palestinians in Jerusalem, Israel’s demographic ideal is being challenged. The Master The high cost of obtaining a building permit Plan seeks to encourage Israeli Jews to remain in the already puts it out of reach of many residents, while in city through urban planning policies which encourage addition to this, it can take years for planning permis- the expansion of current Jewish neighbourhoods and sion to be granted by the planning and development the development of new Jewish neighbourhoods. authorities in Jerusalem. To get planning permission, the person seeking this permission may have to visit Conversely, in order to limit Palestinian expan- many different governmental departments and wait sion, the municipality of Jerusalem has designated for weeks to be able to move on to the next part of the green spaces upon which the Arab population of application. The need for more Palestinian residential Jerusalem cannot build - these designated areas are buildings is immediate and many Palestinians cannot to be free from construction. Approximately 44% of afford to wait for an unpredictable length of time for East Jerusalem is designated by planning schemes, planning permission which is often denied. According including schemes such as maintaining green spaces.29 to the Jerusalem Master Plan 2000, there are over It should also be noted that much of the land that 15,000 illegal Palestinian housing units in the city. has not been expropriated by Israel has a low floor- This is out of approximately 53,000 units in total,35 area ratio, with limited scope for developing larger thus constituting approximately one third of all Pales- buildings.30 In addition, only 13% of East Jerusalem tinian homes. has been designated for Palestinian residential purposes. As mentioned in the introduction, much of From 2000-2010, almost 90% of new Arab build- that land was already built upon leaving little scope ings have been built illegally.36 This illustrates the for expanding existing Arab residential areas.31 Such demand and the lack of recognition of the need by policies make life unbearable for many within the the Jerusalem planning authorities. Although the Palestinian population in Jerusalem, and the building Arab population of Jerusalem is entitled to the same of illegal Arab housing is a direct and unavoidable services as Israelis, the Arab population continue to consequence of this. The ‘Judaisation’ and ‘de-Arabi- pay taxes towards the municipality whilst they do sation’ of East Jerusalem is a process manifested in not receive the same benefits. No public housing is the urban planning of the City of Jerusalem; limiting provided for Arabs either, but poor Jewish families in Arab growth and creating an apartheid system. Jerusalem are entitled to public housing (especially in the Eastern part of the city).37 Demolitions and Building Permits

Shortly after the Six-Day War in 1967, Israel demol- The Barrier ished over 135 homes in the Islamic Maghrebeh area in the Old City, upon which illegal settler homes Construction of the Separation Wall being built were built and a plaza adjoining the Western Wall. by Israel within the West Bank commenced in 2002 This had a major impact on the character of the city and is almost 70 per cent complete to the total length and resulted in a change to its religious character.32 of 308 miles. The wall enveloped Jewish settlements Article 212 of the Israeli Planning and Land Building on or beyond the Green Line and East Jerusalem,38 Law of 1965 has been the general justification for the extending far beyond the armistice line and excluding demolition of many buildings and homes primarily parts of East Jerusalem such as Kofor Akab and the in East Jerusalem and the West Bank. This law states refugee camp of Shu’afat whilst including some Jewish that building permits cannot be granted in areas settlements, notably Ma’ale Adummim. This strategic that show consistent lack of infrastructure. This is a route for the wall reduces the number of Palestinians characteristic more present in Palestinian areas than in Jerusalem whilst increasing the number of Jewish Israeli areas and inhibits the possibility for growth settlers in the city, in line with achieving the intended and expansion of these areas.33 demographic balance. In some places, the barrier is an 8 metre high wall made out of concrete (roughly Where homes are built without a permit, the 61 km) and in other places it is composed of barbed Jerusalem Municipality will offer the residents the wire.39

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After the Wall is completed, almost 10% of the Welcome to a-Zeitim crossing, one of the newer West Bank will be on the Israeli side of the wall and divisions inside of Jerusalem. Although hailed as an include the whole of East Jerusalem. The UN Office undivided capital, where Jewish-Israelis can trot from for the Coordination of Humanitarian Affairs states neighborhood to neighborhood, increasingly intrac- that around 55,000 Palestinian Jerusalemites are table metal is constructed between Palestinian locali- excluded from the city by the barrier.40 ties. Like plantar warts, these checkpoints spread on the ridges and lowlands, hidden unless I look for them. Before last week I hadn’t heard of a-Zeitim, Checkpoints probably because cars can’t drive through, only foot traffic. And this checkpoint is nestled between Pales- There are hundreds of permanent and temporary tinian residential areas in the periphery of Jerusalem. checkpoints and roadblocks across Jerusalem and the West Bank. Checkpoints prevent free-movement of The checkpoint forces Palestinians to walk Palestinians and have a great impact on the popula- through a hard corridor when strolling from Abu Dis tion’s ability to live normal lives as they impede every to At-Tur. The two areas once were adjoining neigh- journey including those to work, school and hospi- borhoods, like Greenwich Village and Chelsea, but tals. “Many checkpoints are manned by heavily- now Jerusalem ID holders (a special status for Pales- armed Israeli soldiers and sometimes guarded with tinian residents of Jerusalem who are not citizens of tanks. Others are made up of gates, which are locked Israel, nor the West Bank) are separated by the infra- when soldiers are not on duty. In addition there structural might of the Brooklyn bridge: a tower, a are hundreds of dirt or concrete roadblocks, which concrete fence and this checkpoint.” prevent the passage of all vehicles – family cars and ambulances alike.”41 Checkpoints such as this one serve very little purpose other than making free movement of Pales- tinian Jerusalemites impossible. They are an added hardship to people who already endure so much difficulty on a daily basis.

Conclusion Since 1967, Israel has employed countless policies which seek to establish a Jewish-Israeli dominance in East Jerusalem, including a deliberate engineering of the city’s demographic profile. Palestinian residents of the city have limited rights and little access to public support despite paying the same taxes as their Israeli counterparts. The limited building permits granted to Palestinians for desperately needed homes have resulted in residences being built without permits, which are then subject to demolition orders. In the absence of public support for housing, families are left desperate and sometimes destitute. Overcrowding is rife and everyday life becomes a misery for many In Jerusalem, checkpoints prevent Palestinians Jerusalemites. from the West Bank from freely visiting the city, and impede the ability of Jerusalemites from moving Israel has built 15 illegal settlements around East freely within the city itself. There are a total of 22 Jerusalem which cuts it off from the rest of the West checkpoints in and around Jerusalem. Allison Deger42 Bank impeding Palestinian access to this central writes of her experience at a Jerusalem checkpoint: and pivotal city. Encouraging Jewish migration to Jerusalem by building illegal settlements on expro- “I’m standing in Jerusalem, but behind a five-lane, priated land is one of the major forms of discrimina- metal turn-stop, gated, chain-linked, barbed wire tion in Jerusalem. Palestinians have restricted rights military instillation. There’s a call box with a button to to live in the city while Jewish Israelis are effectively alert the Israeli army when pedestrians want to pass. bombarded with incentives. The illegal annexation Even though I’m in a valley between windswept hills of East Jerusalem not only threatens its socio-cultural with cinder block houses and black water tanks on characteristics, it also allows the Israeli government their roofs, I feel more like I’m in the parlor of Satre’s to employ policies that clearly discriminate against No Exit; sometimes the guards answer the buzz of the the Arab population and encourages segregation and button, and sometimes the gates roll open, otherwise the violation of human rights. the checkpoint is locked.

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20 PROTECTING PALESTINIAN CITIZENSHIP RIGHTS IN EAST JERUSALEM Chapter Two: Citizenship Rights

IntroductionIntroduction The Status of Palestinian Jerusalemites, 1967 - Present Palestinian Jerusalemites have a unique and ambiguousPalestinian status Jerusalemites denoted haveto them a unique by Israel. and In spite The 1967 Six-Day War resulted in Israel’s illegal ofambiguous being born status in the denoted city and to themhaving by familial Israel. In roots and de facto annexation of East Jerusalem.43 there,spite ofJerusalem’s being born Palestinian in the city communityand having familialmembers Immediately following its seizure, Israel conducted a areroots identified there, Jerusalem’s as permanent Palestinian residents community rather than population census of the city, whereby an estimated citizens.members This are meansidentified they as permanentare equated residents to foreign 30,000 Palestinian Jerusalemites44 were excluded45 as nationals,rather than permitting citizens. Thisaccess means to theymunicipal are services a result of having fled the area to escape the sudden andequated health to foreigninsurance, nationals, but rendering permitting other access basic escalation of violence. These 30,000 residents were entitlementsto municipal –services such as and free health travel insurance, through but Israeli thus no longer considered by Israel to be part of the bordersrendering – as other prohibited. basic entitlements – such as free city’s populace and consequently stripped of their travel through Israeli borders – as prohibited. right to return and live in Jerusalem. The 66,000 Israel’s current Master Plan for Jerusalem that remained46 were subjected, alongside Pales- explicitlyIsrael’s current indicates Master a demographic Plan for Jerusalem goal for the city tinians in the West Bank and the Gaza Strip, to ofexplicitly 70% Jewish indicates to 30% a demographic Arab. With goal the for Palestinian the Israel’s imposition of a codification of status, through communitycity of 70% presently Jewish to making30% Arab. up With38% ofthe Jerusalem’s which residents of the West Bank received Israeli- population,Palestinian thecommunity municipality presently continues making to upenforce a issued orange IDs, residents of the Gaza Strip red system38% of of Jerusalem’s discriminatory population, policies thethat municipality aim to displace IDs, and residents of East Jerusalem blue IDs. The Palestinianscontinues to from enforce the city, a system rendering of discriminatory them effectively status of Palestinians in Jerusalem was unique in stateless.policies that aim to displace Palestinians from the that, unlike their countrymen in the West Bank and city, rendering them effectively stateless. Gaza who were to be ruled under Israeli military law, Methods of forced transfer range from explicit they would now instead be under the regulation of revocationMethods ofof forced residency transfer to range implicit from policies explicit that Israeli civil law. Those in possession of blue Jerusalem strategicallyrevocation ofserve residency to worsen to implicit the livelihoods policies thatof Pales - IDs likewise were assigned the distinct status of tinianstrategically Jerusalemites. serve to Suchworsen laws the include livelihoods the banof on permanent residents, rather than Israeli or Pales- familyPalestinian reunification, Jerusalemites. preventing Such West laws Bank include ID holdersthe tinian citizens, and continue to be categorized as fromban ongaining family permanent reunification, residency preventing status West through Bank such in present day. theirID holders Jerusalem from gainingID-holding permanent spouses, residency and tight restrictionsstatus through on buildingtheir Jerusalem permits, ID-holding leading to further Permanent residency compels Jerusalemites illegalspouses, construction and tight restrictionsand escalating on buildingthe risk of home to abide by Israeli domestic law without affording demolitions.permits, leading to further illegal construction them comprehensive and equal rights bestowed and escalating the risk of home demolitions. unto citizens of the state. Permanent residents, for Our contribution to this paper will examine the example, are required to obtain entry/exit visas when statusOur contribution of Palestinians to this in Jerusalem,paper will examine beginning the from travelling across Israeli borders, with the exception Israel’sstatus illegalof Palestinians annexation in Jerusalem,of the city beginningin 1967, as well of to/from the West Bank. Though they are able to asfrom the Israel’saforementioned illegal annexation policies of enforced the city inby 1967, Israel participate in municipal elections, Jerusalemites are inas the well occupied as the aforementioned city. This set of policiespolicies enforcedwill then be also prohibited from voting in Knesset [Parliament] contextualizedby Israel in the within occupied a framework, city. This set elucidating of policies on elections. Furthermore, whereas citizenship is howwill eachthen bepolicy contextualized within, functions within in a framework,direct violation inherently passed down to a holder’s child, the ofelucidating international on howhumanitarian each policy law within, and internationalfunctions same is not always true for permanent residency, humanin direct rights violation law. of international humanitarian as Israel has imposed numerous conditions that law and international human rights law. render many Palestinian children in Jerusalem Contribution by theInternational Campaign to ineligible for residency status at birth. Finally, Pales- ContributionProtect Palestinian by theInternational Residency inCampaign Jerusalem to tinians from the West Bank and Gaza Strip who are Protect Palestinian Residency in Jerusalem married to Jerusalemites have been unable to obtain permanent residency status since the imposition of a 2003 amendment to the Nationality Law.47 This revision exists in stark contrast to the Ministry of Interior’s treatment of foreign nationals who marry Israeli citizens, who are themselves able to obtain full citizenship through a naturalization process.

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This limitation of rights essentially likens Jerusa- to neighbourhoods in West Jerusalem and Jewish lemites to foreign immigrants who have moved to settlements in East Jerusalem, the result of which has Israel, despite having been born in the city and lacking been an effective obstruction to the natural growth of citizenship to any other state. By doing so, Israel the city’s Palestinian population. Between 1967 and actively incorporates the creation and perpetuation 2010, such discriminatory methods were so effective of a stateless group directly into its legal framework. in impeding Palestinian expansion in Jerusalem that The discriminatory treatment and policies applied the population decreased from 382,000 to 282,000.50 toward those holding permanent residency statuses, Simultaneously, Israel’s insertion of a growing Jewish along with the occupying power’s institutionalized population into areas of East Jerusalem has resulted effort to rid Jerusalem of its Palestinian populace, will in over 200,000 Israeli settlers living in 16 illegal be the focus of the remainder of this chapter. neighbourhoods.51 Deliberate Israeli population transfer combined with forced Palestinian expulsion serve collectively to satisfy the government’s afore- The Municipality’s Master Plan mentioned demographic goals.

Residency Revocation The tactic of revoking residency IDs– that is, stripping Jerusalemites of their right to live in Jerusalem and oftentimes rendering them stateless – is among Israel’s most effective methods of forcibly removing Palestinians from the city, largely because of its subtle nature and focus on individual cases rather than a single collective expulsion.

The practice of Jerusalem ID revocation; a process that remains at the complete discretion of the Ministry of Interior, has been in place since 1967. Prior to 1995, an average of 110 identity cards were seized annually. During this time, the Entry into Israel Law (1952) and Entry into Israel Regulations (1974) served as the bases for determining residency status. These policies stipulated that a person’s residency may expire if he/she gained residency or citizenship in another state or lived outside of Israel for more than 7 years. The 1988 case of ‘Awad v. Prime Minister, in which Mubarak ‘Awad attempted to contest the revocation of his residency status after violating The Knesset’s inter-ministerial Committee to these terms, brought about a more flexible legal Examine the Rate of Development for Jerusalem, understanding with regard to residency revocation declared in 1973 that the “demographic balance of eligibility. Justice Aharon Barak rejected ‘Awad’s Jews and Arabs would be as it was at the end of 1972,” appeal, reiterating the conditions set by Israel’s Entry that is, 73.5% Jewish and 26.5% Palestinian.48 Planning laws and then expanded on these in his justification, and regulations in Jerusalem by both the Ministry specifying, “A permit for permanent residency, when of Interior and the Municipality have subsequently granted, is based on a reality of permanent residency. worked to preserve this proportion. The current Once this reality no longer exists, the permit expires population statistics report a percentage of 34% Arab of itself.” Based on this assertion, Barak found that within the city, which is a direct result of a higher ‘Awad’s “centre of life is no longer [Israel].”52 birth rate amongst Palestinians. This has thwarted Israeli efforts to alter the demographic profile This notion of maintaining one’s centre of life somewhat, however, consequently Israel has system- in Jerusalem set precedence for future residency atically implemented policies implicitly designed to revocation, which intensified following a 1995 court expel Palestinians from Jerusalem in order to achieve ruling against Jerusalemite Fathiya Shiqaqi. Shiqaqi’s the “balance” outlined 40 years ago. Presently, the case was notable in that she had not violated any of city’s development operates according to the Munic- the provisions stated in either of the Entry regulations, ipality’s Master Plan 2000. Outlining a strategy for having only been out of the state for a period of 6 Jerusalem until 2020, the document reiterates what years.53 Nonetheless, her residency was revoked was stated in 1973, declaring it a primary goal “to on Barak’s 1988 basis that Jerusalem no longer secure an absolute Jewish majority.”49 Accordingly, appeared to be her centre of life. This assertion, advancement within the city is almost entirely limited though not officially introduced into law, henceforth

22 PROTECTING PALESTINIAN CITIZENSHIP RIGHTS IN EAST JERUSALEM served as legal grounds in determining the legitimacy manageable living situation. Once they do so, vulner- of one’s claim to his/her right to reside in Jerusalem. ability towards having their Jerusalem IDs revoked is Additionally, the Oslo Accords of 1993 and the inevitably increased by a significant margin. imposition of the Palestinian National Authority led Israel to begin regarding residency within the West Bank and Gaza Strip as being outside of Israel.54 Thus, Family Unification families who had moved to the suburbs of Jerusalem, beyond the municipal boundaries, came under new Prior to Israel’s 1991 imposition of permit threat of having their residency status’ taken away. requirements to enter Jerusalem from West Bank As a result, a reported 14,20355 Jerusalem IDs have and Gaza ID-holders, Palestinian Jerusalemites were been revoked since 1967 – of which 11,099 were able to reside in the city with their spouses from seized after 1995 (with over 4,500 IDs revoked in elsewhere in the occupied territories with relative 2008 alone), largely based on Barak’s “centre of life” ease. Subsequent to this policy change, however, position and the identification of the occupied terri- spouses were compelled to apply through the tories as being outside of the state. Ministry of Interior for family unification in order to live with their partners legally in Jerusalem.59 Barak’s declaration, now commonly referred to as the “Centre of Life” policy, has further evolved over In 2002, Executive Order 1813 effectively froze all the years to include an exhaustive list of documents such applications for spouses from the West Bank that Jerusalem ID-holders must provide, whenever and Gaza Strip. This order was later formally adopted called upon, to prove continuous residency within the into the Nationality and Entry in Israel Law in 2003 city. Evidence required is often so detailed that even and justified on the basis of “security reasons.” those who have never left Jerusalem find difficult to Introduced as a temporary order, the status has been supply. Examples of required papers include utility renewed annually since its inception. In 2005, Pales- bills for the previous three years, property tax receipts tinian ID-holding women over the age of 25 and men for the previous three years, school certificates of over the age of 35 were granted by Israel the possi- children to show attendance within Jerusalem, work bility to apply for temporary permits to remain with certificates, and proof of health insurance. Those their partners in the annexed city; however, these who are not able to effectively demonstrate that permits, if approved, include no social benefits or Jerusalem has remained their centre of life for the health insurance to the recipient.60 previous 7 consecutive years are automatically at risk of having their residency status revoked.

Whereas revocation or renouncement of one’s Israeli citizenship is an intricate and lengthy process, the threat of having one’s permanent residency status revoked remains ever feasible and at the complete discretion of the Israeli Minister of Interior. Investigations of consistent residency may be entirely unprovoked and many Palestinians avoid visits to the Ministry of Interior for any purpose out of fear of having an enquiry initiated as a result.

It is imperative to note as well that residency revocation exists as a policy to expel Palestinians from Jerusalem in conjunction with a collection of discriminatory measures set in place that are aimed As of 2012, over 120,000 applications for family to render life within the city as difficult as possible. unification in Jerusalem have been denied,61 forcing Between 2003-2009, for example, Palestinian neigh- families to choose to live either separately from bourhoods received only between 7-12% of the one another, together illegally within Jerusalem, or city’s budget, despite paying over half of Jerusalem’s outside of the city, thus increasing the Jerusalemite arnona charges.56 Likewise, nearly 450 Palestinian spouse’s threat of losing his/her residency status. homes have been demolished in Jerusalem since 2004, displacing more than 1,700 people.57 Dispro- portionate building and planning initiatives, lack of Child Registration proper sanitation services, and an increasingly high cost of living compounded with an approximate Child registration processes for children born 80% poverty rate58 also serve to seriously damage to only one Jerusalem ID-holding parent are also the quality of life for Jerusalemites. Many Pales- considered by Israel within the family unification tinians are accordingly compelled to move outside policy framework. That is, in the case of a child of Jerusalem, often to the West Bank, to find a more born in occupied Jerusalem where only one parent

23 PROTECTING PALESTINIAN CITIZENSHIP RIGHTS IN EAST JERUSALEM has permanent residency status, he/she will not International humanitarian and human rights law are immediately be granted an identification number thus both applicable when analysing Israel’s policies at his/her hospital of birth. Rather, parents must enforced within the city. In particular, Article 49(1) of go to the Ministry of Interior to submit a formal the Fourth Geneva Convention states: request for their child’s registration. As with any procedural visit to the MOI, this process accordingly Individual or mass forcible transfers, as well as obligates applicants to satisfy the Centre of Life deportations of protected persons from occupied policy requirements and still leaves final approval territory to the territory of the Occupying Power of the request to the sole judgment of the Ministry. or to that of any other country, occupied or not, Moreover, standard procedures do not exist explicitly are prohibited, regardless of their motive. within the Ministry’s mandate regarding Jerusalemite children born abroad – including in the West Bank or In this regard, “forcible transfer” pertains not Gaza Strip – and, as such, often result in denial of only to the revocation of residency rights but also registration.62 Hence, many families find themselves to Israel’s deliberate interference with the quality of having “mixed” identities, with some members life in Jerusalem,65 often rendering much of the city’s holding Palestinian IDs, others Jerusalem IDs, and Palestinian community with little choice but to leave. others without any official documentation. Article 49 similarly maintains that, “the occupying power shall not deport or transfer parts of its own Based on a 2005 amendment within the Citizenship civilian population into the territory it occupies,” and Entry into Israel Law, children with just one highlighting the clear illegality of Israeli’s continuous Jerusalem ID-holding parent have until the age of 14 imposition of Jewish settlements into East Jerusalem. to apply for registration. If a child is not registered Furthermore, the Universal Declaration of Human prior to his/her 14th birthday, he/she may only Rights (UDHR) and the International Covenant on receive a military permit valid for 1-year and subject Civil and Political Rights (ICCPR) collectively prohibit to renewal; military permits grant access to Jerusalem the arbitrary deprivation of both citizenship as well but deny access to essential social benefits and may as the right to enter one’s own country66 (the latter be revoked at the absolute discretion of the MOI. of which was ratified by Israel in 1991). Each of these agreements is actively violated by the occupying state’s aforementioned residency procedures, which are decidedly applied strictly on the basis of a person being born Palestinian.

Concerning its official position on the status of Jerusalem, the United Kingdom reiterates that of UN,67 maintaining,

Since the war of 1967, HMG has regarded Israel as being in military occupation of East Jerusalem, and in this connection subject to the rules of law applicable to such an occupation, in particular the Fourth There are currently at least 10,000 unregistered Geneva Convention of 1949. HMG also holds that the Palestinian children living in occupied Jerusalem provisions of Security Council Resolution 242 on the as a direct consequence of Israel’s discriminatory withdrawal of Israeli armed forces from territories residency and family unification policies.63 These occupied in the 1967 war applies to East Jerusalem. children are accordingly denied access to basic health, The Venice Declaration and subsequent statements education, and insurance services and are often (both by the UK alone and with EU partners) have subjected to harassment at military checkpoints. The made clear that no unilateral attempts to change the effects of the measures inevitably reach much farther status of Jerusalem are valid. than this estimate, as many families are compelled to live apart from one another, with children holding Palestinian IDs residing in the West Bank while their Aliyah, Residency Rights for blue ID-holding kin remain in Jerusalem. Jews in Israel68 This chapter outlines the difficulties faced by Pales- Illegality of Israel’s Residency Policies tinian Jerusalemites who have centuries of history in in Occupied Jerusalem the city. The level of discrimination is apparent when one considers the principle of ‘Aliyah’ which allows The International Court of Justice’s 2004 Advisory all Jews from across the world regardless of ethnicity Opinion on the Wall confirmed the United Nations’ and nationality, the right to reside in Jerusalem while position that East Jerusalem is considered to be an Palestinians are denied their pre-existing right. occupied territory and Israel its occupying power.64

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Aliyah is the process of planned immigration to stronger, despite the fact that it remains under the Israel, sometimes known as the ‘ascent’ towards Palestinian Waqf authorities control and is recognised Jerusalem. The scheme was set up to encourage as such under international law. Jerusalem hosted a Jews from across the globe to emigrate and settle in massive Aliyah Event In February 2013, which sought the land of Israel and constitutes a central tenet of to help “new and veteran immigrants find their feet the Zionist ideology. In order to facilitate the global in Israel”.72 The event was sponsored by a variety of migration, the Jewish Agency was set up by the Zionist groups. The “Aliyah 2 Jerusalem” website, World Zionist Organisation in 1929 following the 16th a joint project between the Jewish Agency and the Zionist Congress.69 The organisation is one of the only Jerusalem Municipal Absorption Authority provides such groups whose main ambition is to encourage help and assistance to anyone considering the move and facilitate mass immigration into Israel, and its to Jerusalem, including Hebrew language services, efforts have resulted in countless people immigrating employment opportunities in Jerusalem, educational to Israel thereby shifting the population dynamics in opportunities and suggested neighbourhoods to the region. relocate to in Jerusalem. All such services limit the challenges and obstacles for individuals and families who are considering the move. Such immigration helps alter the demographics and create a stronger claim for land ownership.

However, more recently there has been a dip in the number of Jews exercising Aliyah. In fact, between 1998 and 2001, 20,000 Jewish Israelis per year left Israel in what has become known as ‘reverse Aliyah’.73 This is a problem for a country that has spent years investing in encouraging population movement towards Israel and thereby shifting the demographics in the region. There has been an evident push by organisations such as the Jewish Agency, as well as Israeli gap year companies which encourage students Israel states that it is the sole protector of the to ‘try out’ life in Israel for a couple of months, in order Jewish people, arguing that it has a key role to play to counter the movement of peoples out of Israel. in saving them from oppression and ill-treatment. It states that as part of this duty of care for Jews across the world, Israel has a so-called ‘right of return’ Conclusion (known as Aliyah). Practically this means that any Jew from across the world can immigrate to Israel as long Israel’s efforts to alter the city’s demographic as they can prove their maternal Jewish heritage.70 nature contribute to its collective aim to ethnically This is a unique and highly discriminatory system, cleanse Jerusalem of its Palestinian population and whereby Jews are favoured over Palestinians. The establish it as the Jewish state’s united capital. Such great irony is, that countless Palestinians have been actions are implemented in spite of continuous deposed of their homes and refused the right of objections from the international community and return to land and properties which are legally owned without respect to Jerusalem’s categorization as a by them, whilst simultaneously, Jews from across the final-status issue within peace negotiations. globe are gifted with homes, jobs and properties in Jerusalem and beyond, often at the expense of Pales- tinians.

According to Susan Nathan, author of “The Other Side of Israel”, the Aliyah process has cemented and deepened hostilities between Israelis and Pales- tinians. In terms of land allocation, 94% of land in Israel is held by the Jewish National Fund71 (JNF) and the Arab Israelis (those who refused to leave their homes and property during the 1948 expulsion) who constitute 20% of the Israeli population, are pushed into ghettos.

Of course this has affected the entire region, particularly East Jerusalem since a greater number of Israelis within Jerusalem, located on illegal settlements, would make the claim to East Jerusalem

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26 PROTECTING PALESTINIAN CITIZENSHIP RIGHTS IN EAST JERUSALEM Chapter Three: House Demolitions and Displacement

Introduction 900 Palestinians displaced and these residents were offered neither alternative housing nor compensa- More than 28,000 Palestinian structures have tion. The areas most at risk of demolition orders are been demolished in the West Bank, East Jerusalem the Jordan Valley, South Hebron Hills and East Jerusa- and Gaza since 1967, leaving more than 160,000 lem. In total more than 225,000 Palestinians live Palestinians homeless. under the threat of forced displacement.74

The Palestinian population in the Occupied Pales- This Chapter is contributed by the Israeli tinian Territory, including illegally annexed East Committee Against House Demolitions (ICAHD), Jerusalem, continues to endure violence, displace- is a human rights and peace organisation ment, dispossession and deprivation as a result of established in 1997. ICAHD has ECOSOC consultancy prolonged Israeli occupation, in violation of their status at the UN and in bringing Israelis and rights under international law. Demolitions are a Palestinians together, ICAHD has rebuilt 187 major cause of the destruction of property and Palestinian homes as political acts of resistance, displacement in the West Bank and East Jerusalem. demonstrating that they refuse to be enemies and In 2013, 550 structures were demolished leaving that they are partners for peace.

House Demolitions in Jerusalem Governorate (1967-2010) Source: Al-Maqdese for Society Development

Year No. of Apartments People Displaced Year No. of Apartments People Displaced 1967 138 660 1989 12 58 1968 1 8 1990 36 187 1969 8 51 1991 18 105 1970 1 0 1992 26 96 1971 1 9 1993 14 64 1972 2 10 1994 20 87 1973 1 12 1995 26 175 1974 6 20 1996 27 134 1975 0 0 1997 41 342 1976 4 7 1998 36 243 1977 1 6 1999 28 252 1978 2 11 2000 37 211 1979 3 18 2001 81 567 1980 10 26 2002 50 281 1981 2 0 2003 83 429 1982 4 10 2004 176 786 1983 5 36 2005 111 567 1984 8 23 2006 84 264 1985 6 25 2007 79 378 1986 1 4 2008 97 396 1987 4 18 2009 112 555 1988 28 150 2010 72 130 TOTAL NUMBER OF APARTMENTS (1967 -2010) 1,501 TOTAL NUMBER OF PEOPLE DISPLACED 7,413

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Israel’s Demolition Policy Article 49 also stipulates against the forcible transfer of an occupied population: “Individual or mass forci- The policy of house demolitions uses administra- ble transfers, as well as deportations of protected tion, planning, zoning and the law for overt political persons from occupied territory to the territory of purposes to quietly transfer Palestinians out of the the Occupying Power or to that of any other country, country or, alternatively, to confine them to small occupied or not, are prohibited, regardless of their enclaves, thereby leaving (Palestinian) land free for motive.” Israeli settlement and annexation. Most people are under the impression that Palestinian houses are Israel’s claim that the Fourth Geneva Convention demolished because their inhabitants performed does not apply to the Occupied Palestinian Territory some terrorist acts or other similar reasons, however has been rejected by the international community, apart from 3% of the cases, the residents had including the UN Security Council and the Inter- absolutely nothing to do with security offenses. national Court of Justice (ICJ). Further, the Hague Convention of 1907 calls on state parties to respect, protect, and fulfil family honour and rights, the lives of persons, and private property, as well as religious convictions and practices.

In November 2013, the Jerusalem Municipality issued 11 demolition orders. Each order can pertain to a number of separate buildings, and each building can be as high as 10 stories, housing dozens of families. Most of these orders were for buildings near the Shoafat refugee camp on the Palestinian side of the Separation Wall. Palestinians who live within the Municipal boundaries of Jerusalem but are excluded from the city due to the route of the wall are completely neglected by the Israeli authorities in Jerusalem.75 The international attention and diplo- matic pressure against house demolitions means that in these cases, residents are hopeful that demolition will not take place. The vacuum created by halting Palestinian construction is filled by Israel itself. Amidst the demolition of Palestinian homes, housing units have The Demolition Process been built for the 630,000 Israeli Jews living across the 1967 border, including East Jerusalem. Meanwhile The motivation for demolishing Palestinian homes there is a shortage of 25,000 housing units for Pales- is purely political, although it employs an elaborate tinians in East Jerusalem. system of planning laws and administrative procedures to lend it an acceptable facade. The goal is to Israel’s systematic policy of house demolitions confine the 3.6 million Palestinians of the Occupied plays a key role in maintaining the Occupation and Territories, together with the million Palestinian since the state was first formed, it has gone to the citizens of Israel, to small enclaves on approximately very heart of the conflict itself in demonstrating 12% of historic Palestine effectively controlling the Israel’s approach to “the Arab problem”. The house entire country. demolition policy goes far beyond mere administrative and military means to contain or force out an entire population. Between 1947–1949, when the state of Israel was established, 530 Palestinian villages were demolished creating 750,000 Palestin- ian refugees. From then until the present day, this represents Israel’s policy of displacement, of one people dispossessing another, taking both their land and their right to self-determination.

As the Occupying Power, Israel is obligated to safeguard the homes of the Palestinians under international humanitarian law, namely the Hague Regula- tions and the Fourth Geneva Convention, to which Israel is a signatory. Article 53 prohibits destruction of property that is not justified by military necessity.

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Either the Ministry of Interior or the Jerusalem Neimah Dandis, whose home in Anata was finally municipality in East Jerusalem executes the demoli- demolished in November 2004 after a wait of eight tions for “administrative” reasons where a building years, “consisted of getting out of bed, going to the permit was not obtained. Master plans and zoning window to see if the bulldozers were approaching, regulations have been carefully drafted to limit the then going to the bathroom.” Whether the home is potential for Palestinian growth and building. Thus, demolished or not, the psychological tensions often the entire West Bank has been designated “agricul- lead to stress-related health problems, domestic tural land,” while most of the undeveloped land violence and trauma; all aggravated by poor living owned by Palestinians in East Jerusalem has been conditions and financial strain. The Israeli authori- zoned as “open green space.” In both cases, building ties know all this and even incorporate it into the permits can easily be denied to Palestinians on the “planning” process. ICAHD members have been told basis of planning regulations restricting use for lands explicitly by legal officials in the Civil Administration classified as such. that fear and intimidation are effective in deterring Palestinians from building. Where Palestinians build homes without permits as a result of desperate need, these “illegal” buildings appear to be demolished by Israel based on ethnicity. The policy is explicit. “Our policy is not to approve building in Area C,” an Israeli Army spokesperson said openly to Amnesty International delegates in 1999. “There are no more construction permits for Palestin- ians,” reiterated Colonel Shlomo Politus, legal advisor to the Civil Administration, to the Israeli Parliament on 13 July 2003.76

Since Palestinians do not have home mail deliv- ery in East Jerusalem, demolition orders are distrib- uted in a very haphazard manner. Occasionally a building inspector may knock on the door and hand the order to anyone who answers, including small children. More frequently the order is stuck into the doorframe or even left under a stone near the house. On many occasions, Palestinians have complained that they never received the order before the bulldozers arrived, and thus were denied recourse to the courts. In Jerusalem, a favoured practice is to “deliver” an order at night by placing it somewhere near the targeted home, then arriving early in the morning to demolish it.

If Palestinians do manage to reach the court in time, they may occasionally delay the order’s execu- tion (at considerable expense). We are not aware of any order that has ever been overturned. Once it is affirmed, the bulldozers may arrive at any time – the same day, weeks or years later, or never. Pales- When the dreaded day finally arrives, it does tinians, barred from any possibility of obtaining so almost without warning. Though families know decent, affordable and legal housing, do a simple, their homes are targeted, actual demolitions are cold arithmetic: thousands of demolition orders are carried out at random, without pattern, and can outstanding, the various Israeli authorities destroy strike anywhere and at any time. Randomization is “only” 200-500 homes a year (military attacks and part of the generalized fear that underlies the policy punitive demolitions aside), so if they build a home, of “deterrence.” The wrecking crews, accompanied the chances are that they may buy a year or two by tens of soldiers, police and Civil Administration before the bulldozers arrive. As in a perverse reverse officials, usually come in the night or early morning lottery, they may even “win” and escape demolition and in built up areas, the streets are cordoned off altogether. preventing neighbours from joining the family in resisting the demolition. The family may be given a This gamble comes at a high emotional and finan- few minutes to remove their belongings and then cial cost. The anxiety families endure during the wrecking crews (often foreign guest workers) throw weeks, months and years of waiting for bulldozers to out the larger possessions before the bulldozers arrive is immeasurable. “My morning routine,” says move in.

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In addition to the emotional suffering of seeing their most personal belongings broken, ruined and thrown out in the rain, sun and dirt; demolitions constitute a serious financial blow, especially to the poor families who make up the vast majority of demolition victims. About 70% of Palestinians living in both Jerusalem and the West Bank/Gaza live below the poverty line. Families whose monthly income is around $500 are burdened by the Israeli courts with hefty fines in the range of $10-20,000, to be paid in monthly instalments whether the house is demolished or not. In Jerusalem, families must also pay for the demolition of their own homes; at the end of the demolition they are presented with the wrecking company’s bill, around $1500.

The Impact of Demolitions on Palestinian Families Demolition is an experience different for men, The human suffering entailed in the process of women and children. Men are often the most humili- destroying a family’s home is incalculable. A home is ated, since demolition means you can neither protect not only a physical structure; it is the centre of our your family nor provide for their basic shelter and lives, the site of our most intimate personal life, an needs. It also means losing a living connection to expression of our identity, tastes and social status. It your ancestral land, your personal patrimony and is a refuge, a physical representation of the family, that of your people. Men often cry at demolitions an extension of our very selves. It is “home”. For (and long after), but they are also angered, swear Palestinians, homes carry additional meanings. Upon revenge and intend to build again (although some marriage, sons construct their homes close to that men withdraw emasculated from active family life). of their parents, thus maintaining not only a physical Since men usually have jobs and access to the world closeness but continuity on one’s ancestral land. The outside the home, they also have a certain outlet for latter aspect is especially important in the world of their frustrations. farmers, and even more so as Palestinians have faced massive displacement in the past half century. Land Demolitions alter, even destroy, a woman’s entire expropriation is another facet of home demolition, persona and role in the family. Palestinian women an attack on one’s very being and identity. generally do not have careers outside the home. Their identity and status as wives, mothers and, indeed, persons is wrapped up in their domestic life. When their homes are demolished, women often become disoriented, unable to function without that organising domestic sphere. Some sink into a kind of mourning, although in some cases, especially if the husband has withdrawn, they take on more assertive roles in the family. Demolition represents a double tragedy for women. Not only do they lose their own domestic space, but they are forced to move into the homes of other women, their mothers- or sisters-in- law. The overcrowding and tension this generates is exacerbated by the fact that the “guest” woman has little control over the domestic sphere, over the care of her own husband and children, further diminish- ing her role and status. In many cases this results in severe tensions within the families, including domestic violence spawned by the wife’s demands (even unspoken) for a home of her own, and the husband’s inability to provide it. Eventually families may move into their own rented quarters – another expense – or even rebuild their home, having no choice but to risk another demolition. Whatever the case, for many women, a demolished home, like a loved one, can never be replaced, and the wound never heals.

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Conclusion

Whilst every country has planning regulations, zoning and enforcement mechanisms, Israel is the only country which asserts Western democratic credentials while systematically denying permits and demolishes houses of a particular national group. The Universal Declaration of Human Rights states that “Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing” (Article 25.1). The International Covenant on Economic, Social, and Cultural Rights “recognize[s] the right of everyone to an adequate standard of living...including adequate food, clothing, and housing” (Article 11.1). The International Convention on the Elimination of All Forms of Racial Discrimination obligates state parties “to guarantee the right of everyone, without distinction as to race, color, or national or ethnic origin, to equality before the law..., in particular the right to housing” (Article 5). Moreover, the Fourth Geneva Convention requires occupying powers such as Israel to protect the well-being of civilian populations under their control. Under the Hague Regulations of 1907 and the Fourth Geneva Convention of 1949, Israel is required as an occupying power to protect and ensure the needs of the Palestinian population. Human rights organizations agree that Israel’s policy of house demolition may constitute a war crime.

Given the massive scale and prolonged time period that the house demolition policy has characterized Israel’s relationship with the For children, the act of demolition and the months Palestinians on both sides of the “Green Line,” and years leading up to it are a time of trauma. To the bulldozer certainly deserves to take its rightful witness the fear and powerlessness of your parents; place alongside the tank. to feel constantly afraid and insecure; to see loved ones being beaten and losing their homes; and to endure the noise, violence, displacement and destruction of your home, your world, your toys— these mark children for life. Psychological services are not sufficient in the Palestinian community and there are many signs of trauma and stress among children: bed-wetting, nightmares, dramatic drops in grades and dropping out of school, as well the effects of exposure to domestic violence that occasionally follows impoverishment, displacement and humilia- tion. In the words of Salim Shawamreh, a resident of the village of Anata whose home has been demolished six times: “The demolition of a home is the demolition of a family.” According to the research of Eyad Serraj, a Palestinian psychologist who heads the Gaza Community Mental Health Program, a strong correlation exists between young people who become suicide bombers and those who have had their homes demolished.

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32 PROTECTING PALESTINIAN CITIZENSHIP RIGHTS IN EAST JERUSALEM Chapter Four: The Disappearing Cultural Heritage

Introduction The urban planning of the city developed during the Mamluk era between 1250-1517, when greater “Since Israel’s occupation of the West Bank and attention was paid to erecting religious buildings and Gaza Strip in 1967, hundreds of Palestinian archaeo- institutions, leaving their mark on the Palestinian logical sites and cultural property have been system- architectural landscape. The Old City of Jerusalem atically confiscated, looted and excavated by Israeli in particular flourished with the building of schools, authorities, endangering Palestinian cultural heritage souks (markets) and roadside inns where travellers and denying Palestinians their cultural patrimony, as would stop to rest and eat. well as denying development and access to heritage sites and historic places of worship.” [UNESCO]77 Ottoman rule lasted between 1517-1917 and it was during this period that more villages began to Palestine has a rich and vibrant history and is emerge and the population density in the area grew. the hub of the three monotheistic faiths. The Old Following so many centuries of cultural richness, it City of Jerusalem in particular is a place of immense was the British Mandate of Palestine subsequent to significance and is home to churches, mosques and the Ottoman decline and the declaration of the state synagogues and has been listed as a World Herit- of Israel following the Arab-Israeli war; that Palestin- age List site since 1982. It is also on the List of World ians began to see the full-scale destruction of their Heritage in Danger. cultural heritage. Israel’s attempt to acquire greater swathes of Palestinian land and exert political, cultural In recent years, Israel has heightened its involve- and historical legitimacy, led to a concerted system- ment in the Old City in a subtle attempt to assert atic effort by Israel to assert a dominant culture and religious and cultural sovereignty over the land to claim to the land. consolidate its claim. The resultant drilling and excavations, which Israel states is purely for the purpose of archaeological research, had led to damage on herit- Sites of Significance in the Old City age sites within the holy al-Aqsa Compound. If such of Jerusalem digs continues with the same intensity, the Palestin- ian cultural heritage of the city faces great threat of The Old City contains within it sites of profound being lost to the confines of the history books. historical, religious and cultural significance for Pales- tinians. This chapter seeks to highlight the religious and historical significance of the Old City to Muslims and The Church of the Holy Sepulchre falls within the Christians, detailing the advances that have been Old City and is believed to mark where Jesus was laid made by Israeli authorities upon sites of cultural to rest in his tomb, as well as marking the location of heritage. The question of access to religious sites for the crucifixion. It therefore carries immense religious Muslims and Christians will also be considered, and significance for Christians and is a venerated site. finally we conclude with a discussion on aspects of However, it too has been subject to Israeli encroach- Palestinian cultural heritage that have been under- ment. One such example was the 2010 water predica- mined, endangered or eliminated. ment when Israel threatened to cut of water supplies to the Church. Historical Background78

The story of this historic land is a fascinating one, shaped and influenced by the countless cultures and civilisations that have passed through including the Greeks, Romans and Canaanites. The churches of Burqin and Abud , date back to the 4th century when they arose under the Eastern Roman Empire. It was the early Umayyad period from 661-750 that was known for its grandeur and high standard of living. Gardens, baths, mosques and courtyards, embel- lished with intricate patterns all point to the Umayyad era when Islamic architecture was developing.

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Map of Old City The al-Aqsa Sanctuary has been under the care and ownership of the Islamic Waqf Authorities for several centuries and this is recognised by the international community. By neglecting the Palestinian claim to the land and ignoring calls from persecuted Christian and Muslim groups in the area, Israel continues to behave irresponsibly, causing greater damage and destruction to heritage sites as it attempts to shift the dynamics in the region in its favour.

Below is a timeline of events highlighting the growing danger upon Palestinian heritage sites in the Old City of Jerusalem.

Timeline of Threats against Significant Sites The Book Theft, 1948: Following the forced eviction of Palestinians from their lands during the Nakba, Israeli forces entered Palestinian homes and looted belongings of historical, religious and cultural significance. This included a great number of books, artwork, manuscripts and photographs. The books were seized and kept in Israeli libraries.

Al-Aqsa fire, August 1969: Evangelical Christian Zionist Denis Michael Rohan set fire to the al-Aqsa Significantly for Muslims, the Old City is also the mosque, believing that burning the mosque would site of the al-Aqsa Sanctuary. The complex is home pave the way for the re-building of the Jewish temple to the world-renowned Dome of the Rock and the on Temple Mount. During the fire, Israeli soldiers al-Aqsa mosque which Muslims the world over prevented Palestinian fire-fighters from tackling the travel to visit, second only to the two holy sites of blaze until irreversible damage was done. The centu- annual pilgrimage in Makkah and Medina. Many of ries old mimbar of Nur-ad-Din was destroyed by the the Prophets of Islam and of the three Abrahamic fire. faiths– such as Abraham, Moses, David, Zacharias and Soloman, were believed to have lived and taught Museum of Tolerance, 2005: The Simon Weisenthal in Jerusalem and therefore the Old City is a place of Centre announced that a ‘Museum of Tolerance’ is great historical and religious significance for Muslims. to be built upon the ancient Mamilla Cemetery in the Old City. Many significant Muslim scholars were laid to rest in the cemetery and the move to level the plain for a ‘tolerance museum’ was met with widespread frustration.

Muslim Quarter Quarry, February 2007: The Israeli Government hands over a new project to “restore” a 3000-year-old quarry running under the Muslim Quarter of the Old City. Excavation work also began near the al-Buraq Wall, involving the destruction of a historic pedestrian bridge connecting the Maghari- bah Quarter to the Mughrabi Gate.

Wailing Wall Extension, January 2008: Ha’aretz reported that the Jerusalem Planning and Construc- tion Committee approved the expansion of the women’s section of the Wailing Wall bordering the Magharibah Gate. This required further demolitions to historic sites.

Silwan Street Names, 2008: The Jerusalem Munici- pality began to replace Arabic names in Silwan with

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Jewish ones. The Israel Antiques Authority also aggressions against Palestinian cultural and historical began erecting a new tunnel underneath the Muslim heritage. Quarter in the Old City. Knesset Threatens Palestinian Sovereignty over Tunnelling under al-Aqsa, March 2008: The Times al-Aqsa, November 2013: the Knesset began an reported that Jewish settler groups were digging an inflammatory discussion on whether Israelis should extensive tunnel network under Muslim areas of the be allowed to enter the al-Aqsa sanctuary for prayer, Old City while building a ring of settlements around it despite the area being under Palestinian jurisdic- to bolster their claim to the city in any future peace tion. The response was widespread anger as Israel deal. The tunnels are largely based on historical attempts to assert itself within territory that it has water wells or buried pilgrim routes, stretching from no right to. the Pool of Siloam in Silwan to the south and joining up with the Western Wall. Israel Responds: A Year of Collapses in al-Aqsa Grounds, April 2008: The National Heritage79 ongoing excavations have undermined the founda- tions of the Muslim Quarter in the Old City and of the “A people must know its past to ensure its future.”80 al-Aqsa complex itself. Part of the floor collapse and [Israeli Prime Minister, Benjamin Netanyahu, 2010] a hole appeared in the Al-Aqsa grounds. The house of Abdul Raziq Asileh near the Old City’s Dung Gate Israel announced in early 2013 that it is to launch a was partly destroyed along with a yard due to Israeli year of national heritage to coincide with its so-called excavation work underneath it. A Further collapse ‘independence day’ in an effort to assert its author- occurred outside the Western Wall in 2013. ity and historical claim over parts of Israel and the West Bank. The scheme which has been seen as an The Tomb of the Patriarch and Rachel’s Tomb, attempt to create an Israeli national history is a five- March 2010: Israel tries to claim new territories by year program which includes the construction of a declaring that the Tomb of the Patriarch’s Mosque new multi-million dollar visitors’ centre. in Hebron and the Bilal ibn Rabah Mosque (Rachel’s Tomb) in Bethlehem are Israeli National Heritage Director of the Palestinian Ministry of Tourism sites. UNESCO criticises Israel for attempting to erase and Antiquities Hamdan Taha states, “The West Palestinian history , saying that the sites are Palestin- Bank is an integral part of the history of Palestine. ian cultural treasures. Netanyahu’s heritage plan is an aggression against the cultural right of Palestinian people in their own Magharibah Gate, February 2013: Further Israeli state.”81 building work undertaken at the Magharibah Gate bridge in the Old City, aiming to replace it with a wider Mr Taha has criticised Israel’s over-emphasis on steel bridge. Palestinians are cautious of such Israeli Jewish heritage and total disregard of the deeply- building works in the Old City and state that Israel is entrenched Palestinian history and heritage in the disrupting the character of the city and destroying its area as “an ideological misuse of archaeological heritage. evidence”. He further stated, “Jewish heritage in the West Bank - like Christian or Islamic - is part of Pales- Al-Aqsa Stormed by Settlers, 2013: Settler incur- tinian heritage and we reject categorically any ethnic sions and trespasses within the al-Aqsa Compound division of culture.” have steadily increased. Settlers stormed the area on the Nakba anniversary. The centrality of the mosque Dr Yitzhak Reiter, an expert in conflict resolution to Muslim Palestinians was reiterated when 80,000 at sacred sites explains the significance of a state Muslim worshippers gather outside al-Aqsa mosque seeking to invest in restoration of certain archaeo- on the first Friday of Ramadan. logical sites: “If you invest money in developing and renovating a place, it looks like you have some inten- During settler incursion, Muslim worshippers inside tion in the future to claim it, and this is a very delicate the mosque faced violence and threats. Worshippers issue.” were harmed by Israeli forces firing tear gas canisters. Several suffered from gas inhalation. Worshippers were pushed to the ground and beaten with batons, Altering Street Names, after they gathered in the mosque to protest against Changing the Past the incursions. Thus, the illegal settlers are effectively protected by the police during these trespasses. Al Nu’man is a small Palestinian village consist- ing of around 25 houses, situated in the Jerusa- UNESCO Condemnation, October 2013: UNESCO lem municipal boundary. It was heavily affected by condemns Israeli advances and the Executive Board Israel’s illegal annexation of East Jerusalem in 1967. adopted six decisions strongly condemning the Israeli In the same year, a census was held of the area, but

35 PROTECTING PALESTINIAN CITIZENSHIP RIGHTS IN EAST JERUSALEM the residents of al Nu’man were excluded from the The 1948 Nakba marks the point when over census, such that today the residents of al Nu’man 700,000 Palestinians were forced to flee their homes are accused of residing illegally in Jerusalem whilst in by Zionist militias. What is little known about this their own homes. terrible episode of history, is that during the forced eviction, the Haganah which later became the Israeli To make matters worse, Israel now denies the military, plundered homes of their manuscripts, existence of any Palestinian village with the name al photographs, books and works of art – resulting in Nu’man. No signposts with the name al Nu’man exist, the systematic looting of over 60,000 books84 and but rather the Israeli name for the area ‘Mizmoriy’, an attempt to erase Palestinian culture. Families left is used. Residents have reported that Israeli border their belongings as they fled, believing that they police have refused entry to villagers, saying that would return to them. Librarians from the Jewish there is no such thing as al Nu’man.82 National Library and the Hebrew University library were called upon to collect the most prized posses- The denial of Palestinian heritage by deliberately sions from these families’ homes – books. changing street names from their original Arabic names to Hebrew names has intensified in recent years. The financial committee of the Jerusalem An Israeli graduate student conducting research Municipality allocated a $255,000 budget for the in this area of the Israeli book theft, states: project to change the Arabic Street names in East Jerusalem. By replacing Arabic names with Hebrew “[I realised] that there was a story to tell. A story ones, Israel creates a sense of legitimacy to its claims that hasn’t yet been told and one that might over East Jerusalem. enrich our knowledge about the Palestinian culture and its erasure. Although many Other changes include to the names of villages Palestinian families were aware that their books and neighbourhoods. The Wadi Hilweh district of were taken during the aftermath of 1948, they had no idea that there was a systematic and Silwan was renamed ‘The City of David’; Al-Bustan 85 is now called ‘the Park of the King’; Wadi Rababa is conscious effort to appropriate their books.” ‘the Valley of Ben Hinoum’; and Al-Thouri is ‘Giva’t Hannanyah’. Wadi Hilweh’s main street has also been The books were then “loaned” to the libraries renamed to ‘Ma’lout Ir David’; Cemetary Street is where they remain until now, under the code of ‘AP’ now ‘Ofel’; Al-Mister Street is ‘Malki Tsadik’; Dung – Abandoned Property. Some were sold on as paper Gate Hill is ‘Malout Hashaloum’; and Wadi Hilweh waste due to containing material which was thought Park is ‘Givate Park’, in reference to the Givate unit of to be “inciting material against the State [Israel]”. the Israeli Military Forces.83 Over time, the books began to lose all trace of their Palestinians ownership. Palestinian residents in the city are denied any consultation in the name change process and any Palestinian activist and author Ghadi Karmi objections are ignored, thus they are powerless explains, “What’s really horrible about the book to stop the Israeli policies which rob them of their thefts is that it’s like saying, ‘I’m not only going to cultural heritage in the area. steal your home and your land but also an intellectual heritage because they took these books, put in them in their Israeli libraries and then pretended that they Cultural and Intellectual Robbery were always there. Therefore we’re in a fight because we’re not just trying to reclaim something which has been sitting there gathering dust — we’re trying to reclaim something before it’s destroyed.”

The Israeli book theft demonstrates that Israel’s attempt to erase Palestinian history and culture was a systematic process that began from as early on as the 1948 Nakba.

Efforts to Preserve Palestinian Heritage

The Palestinian Department of Archaeology in collaboration with international donor support has begun the process of seeking to protect heritage sites in the Old City from Israeli advances.

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A project spanning from 1998 to 2001 seeking to damage to Palestinian heritage sites. A UNESCO protect the cultural and historical landscape of Pales- protocol dated to 1999 prohibits any archaeologi- tine, included in their list of protected sites, mosques, cal excavation that is not carried out for essential churches, monasteries and sanctuaries such as the survey or salvage work, but Israel is not signatory to ancient churches of Burqin and Abud, dating back to the agreement.90 Instead, it uses excavations under the Byzantine period. the guise of archaeological exploration to encroach deeper into Palestinian territory and damage Pales- However, there is still a huge problem of access. tinian heritage sites, thereby erasing the history of a Throughout 2013, there have been numerous people. incidences where Muslims were prevented from observing religious prayers in the al-Aqsa sanctu- The history of the Palestinian territories is one ary. Furthermore, extremist Israeli settlers have that spans across several cultures, civilisations and trespassed into the sanctuary with police chaperones peoples. However, the Israeli authorities are attempt- despite prohibitions of entry. On some occasions, ing to assign an exclusive Jewish character to the worshippers have been forced to pray outside due to city and erase any Palestinian connection to the issues of access. sacred land, despite its deep-rooted connection. This ‘cultural hegemony’ according to UNESCO is being In an act of solidarity and support for their Muslim used as a political tool to deepen Israeli control and brothers and sisters, a delegation of Christian leaders defend continued settlement activity. and representatives from different churches, visited the al Aqsa sanctuary in September 2013, and UNESCO has appealed to Israel to take note of extended their support to the Muslim community. its obligations as an occupying power and to recog- nise that ‘confiscation and developments of Palestin- Among the delegation were: Bishop William ian heritage sites and cultural property by Israel is Shomali, Patriarchal Vicar of Jerusalem; Anglican prohibited under customary international law’.91 Bishop Suheil Dawani; and the Armenian Catho- lic Patriarchal Exarch of Jerusalem Joseph Kelekian. Collectively, the delegation expressed their wish to Conclusion continue to work with their Muslim neighbours, to continue to live and coexist peacefully as they have It is evident that Israeli efforts to claim greater done for many years.86 swathes of Palestinian land show no signs of abating. Whilst a large focus of this is often through the physical appropriation of land via settlement building Legal Implications87 and the construction of the Wall, an often forgotten aspect is the cultural battle that continues to wage “The Israeli Cabinet’s unilateral decision to on. Jerusalem, and the Old City in particular has a continue with their consolidation of Palestinian herit- rich and vibrant history and both Muslim and Chris- age and archaeological sites under Israeli control tian groups within the area are doing all that they can reinforces Palestinian concerns that there is currently to hold on to their cultural heritage. Israel however no genuine partner for peace, but an occupying continues to use all means possible to exert a form of power intent on its illegal confiscation of Palestinian cultural hegemony over Jerusalem, claiming sites as territory and resources.” [UNESCO]88 its own, disregarding sites of important to the Muslim and Christian faith, and engaging in excavation and Early October 2013 marked an historic move by building work which has already led to damages to the United Nationals Educational, Social and Cultural many of the heritage sites within the Old City. Organisation (UNESCO). As mentioned previously, they issued six decisions condemning Israel for their Despite criticism from UN bodies such as UNESCO, aggressions on Palestinian culture and heritage in who continually call upon Israel to respect the Jerusalem, Bethlehem, Hebron and Gaza. cultural heritage of the city rather than use sites as a tool of occupation, Israel continues to encroach into The organisation expressed their deep concern Palestinian culture and heritage. over continuing Israeli excavations in the Old City of Jerusalem and its walls. The concerns have further Israel clearly understands that the history of any deepened after Israel refused to allow a delegation nation is instrumental in ensuring its future, and this of UNESCO experts to visit the violated heritage sites is clear from comments made by Israeli Prime Minis- in occupied Jerusalem.89 ter Benjamin Netanyahu. Israel is therefore engaged in a process of denying the history of the Palestinian Israel claims that its work in the area consti- people in order to create a new story of Israeli history tutes archaeological exploration, however Palestin- and national identity, and as a result, the heritage, ian groups dispute this to be the primary intention history, and culture of the Palestinian people remains behind Israeli excavations, which have already caused under threat.

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38 PROTECTING PALESTINIAN CITIZENSHIP RIGHTS IN EAST JERUSALEM Conclusion

This report outlines the immense hardships faced by Palestinian citizens in East Jerusalem as a direct result of Israeli policies and governance over the city. The need to protect the rights of these citizens has been a pressing issue for a number of years and only international attention and intervention can prevent further damage to the Palestinian Christian and Muslim cultural heritage within the city. The hardships faced by families who are denied the right to live together due to complicated and convoluted citizenship rights and permit cards, has left many broken families in its wake. Further, those who were lucky enough to remain in their city of birth and heritage, face insurmountable obstacles in building adequate homes to accommodate growing families.

The theft of Palestinian culture was witnessed when the occupation commenced in 1967 with the removal of books and historically significant possessions from the homes of Palestinians who fled the fighting and were prevented from return. These The situation in Jerusalem has reached at a articles are now displayed within Israeli libraries and crisis point and there is now an urgent need for museums as a statement about Israeli history, effec- action, and Britain should play its role by: tively denying their Palestinian origin. The further renaming of towns, villages and streets is erasing 1. Demanding that a UNESCO team be allowed centuries of history in a bid to legitimise Israeli control to investigate the world heritage sites in of the city. With the confiscation of 35 per cent of Jerusalem in order to determine the level of Palestinian land for the building of illegal settlements threat being faced by them and make while simultaneously, denying Palestinians any right appropriate recommendations. This will to expand beyond the 12 per cent of land that was ensure that international attention is given to developed in 1967; the level of discrimination being the issues arising. faced is immense. Despite the lack of services being provided by the state to Palestinians in East Jerusa- 2. Pressuring Israel to grant Palestinians in lem, they are still expected to pay the same taxes as Jerusalem with their rights to build and Israelis in the city. This is an unacceptable position develop their land to accommodate growing for a state modelling itself on Western democracies. families, and provide services equitable with those provided to Jewish neighbourhoods. Israeli claims to a unified Jerusalem which encom- passes the Palestinian East-Jerusalem is rejected by 3. Pressuring Israel to allow unhindered the international community, opposes international access by Palestinians to places of worship law and hinders the possibility for peace talks to and places of cultural and historic significance be conducted and concluded. The irreversible facts in the city. being created on the ground by Israel mean that Palestinian claims to their city are being deliberately 4. Demanding that discriminatory policies such undermined so that these claims can eventually be as restrictive citizenship rights are amended easily diminished and dismissed. This is a momen- in light of international conventions, and tous crime which the global community is silently families are allowed unification. observing. 5. Overtly rejecting Israeli claims that East In conclusion, since 1967, Israel has attempted to Jerusalem is part of a greater Jerusalem to alter the status of East Jerusalem by claiming it as a which Israel has sovereignty. part of Israel and declaring it as its capital and denying Palestinians who reside in the city basic rights. The 6. Bringing pressure on Israel to abide by lack of foreign embassies in the city reflects the inter- International Law, UN Resolutions and the national rejection of such claims. Geneva Conventions whenever they are breached.

39 PROTECTING PALESTINIAN CITIZENSHIP RIGHTS IN EAST JERUSALEM Endnotes

1 UN General Assembly Resolution A/RES/2253 (ES-V), 4 July 1967 2 Adler, K ‘Archaeology and the Struggle for Jerusalem’, BBC News online, http://news.bbc.co.uk/1/ hi/8480304.stm 3 ‘The Israeli Plans in Jerusalem’, Applied Research Institute - Jerusalem 4 Rothchilds, A ‘The Judaization of East Jerusalem’, Salt Lake Tribune, 24 November 2007 5 Weiss, E. ‘Settlers’ birth rate three times higher than other Israelis’, Ynet News, 21 February 2007 6 ‘Israeli West Bank Settlers increase by 4.7 percent in 2012’ AFP, 13 February 2013 7 Statistics provided by the Applied Research Institute in Jerusalem. 8 Available at (Accessed 25 August 2013). 9 Eisenbud, D. (2013) Jerusalem Tourism Summit draws industry leaders. Jerusalem Post, [online] 5 August. Available at [Accessed on 15 August 2013] 10 CBS 2012 11 Margalit, M.(2006) Discrimination in the Heart of the Holy City Jerusalem. The International Peace and Cooperation Center 12 Mahler, G.S. and Mahler, A.R.W. (2009) The Arab-Israeli Conflict: An Introduction and Documentary Reader. New York: Routledge 13 Shragai, N. (2010) Demography, Geopolitics and the Future of Israel’s Capital: Jerusalem’s Proposed Mas- ter Plan. Jerusalem: Jerusalem Center for Public Affairs 14 Report No.4 15 Jerusalem Municipality, 2004, Local Outline Plan Jerusalem 2000. Translation: [Accessed 27 July 2013] 16 Barkat, N. (2010) The Mayor’s Vision for Jerusalem. Jerusalem Issue Briefs- Jerusalem Center for Public Af- fairs. Available at http://jcpa.org/article/the-mayors-vision-for-jerusalem/ [Accessed on 24 August 2013] 17 Summary of Objections to the Jerusalem Regional Master Plan, November 2008. Produced by Adalah. 18 Adalah Press Release, 13 September 2012, available at http://adalah.org/eng/Articles/1829/Adalah-and- the-Civic-Coalition-Jerusalem:-New-for (Last visited 17 January 2014) 19 Since 1967, 35% of East Jerusalem has been seized by the Isreali municipality (B’Tselem 1995). 20 UNCTAD (2013), The Palestinian Economy in East Jerusalem: Enduring Annexation, Isolation and Disinte- gration. April (UNCTAD/GDS/APP/2012/1). 21 B’Tselem (1995), A Policy of Discrimination: Land Expropriation, Planning and Building in East Jerusalem. http://www.btselem.org/ 22 UNCTAD 2013 23 Jerusalem Municipality, 2004 24 PASSIA 2011 25 Chiodelli, F. 2012. Re-shaping Jerusalem: The Transformation of Jerusalem’s metropolitan area by the Israeli Barrier. Cities, 31, 417- 424. 26 Thawaba, S. and Al-Rimmawi, H. (2012), ‘Spatial Transformation of Jerusalem: 1967 to Present’, Journal of Planning History, 12:1 63- 77. 27 Allegra, M. (2012), ‘The Politics of Suburbia: Israel’s settlement Policy and the Production of Space in the Metropolitan area of Jerusalem’, Environment and Planning A, 45, 497- 516. 28 Jerusalem Municipality, 2004 29 PASSIA 2011 30 Ciodelli, F. 2011. Planning Illegality: The Roots of Unauthorised Housing in Arab East Jerusalem. Cities, 29, 99- 106. 31 Chiodelli (2011) 32 Thawaba and Al-Rimmawi (2012) 33 Chiodelli (2011) 34 Ir Amim, (2009) A Layman’s Guide to Home Demolitions in East Jerusalem. Jerusalem: Ir Amim 35 Chiodelli (2011) 36 Chiodelli (2011) 37 Chiodelli (2011) 38 Dolphin, R. (2006), The West Bank Wall: Unmasking Palestine. London: Pluto Press 39 Chiodelli (2012) and Dolphin (2006) 40 OCHA 2011 and UNCTAD 2013

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41 ‘Israeli Checkpoints and their Impact on Daily Life’, If Americans Knew, available online at: http://www. ifamericansknew.org/cur_sit/checkpoints.html (last visited 17 January 2014) 42 Deger, A. ‘Jerusalem’s system of checkpoints inside Palestinian neighbourhoods of the holy city’, Mondo- weiss, 18 October 2013. 43 U.N. Security Council, “Resolution 252 (1968)” (S/RES/476). 21 May 1968. Official Record. “All legislative and administrative measures and actions taken by Israel…which tend to change the legal status of Jerusalem are invalid and cannot change that status.” 44 Henceforth, “Jerusalemites” will refer to Palestinians with direct familial ties to Jerusalem, including those not currently considered legal residents under Israeli law. 45 United Nations. United Nations Conference on Trade and Development. The Palestinian Economy in East Jerusalem: Enduring Annexation, Isolation and Disintegration. 8 May 2013. Print. 46 Jefferis, Danielle C. “Institutionalizing Statelessness: The Revocation of Residency Rights of Palestinians in East Jerusalem.” International Journal of Refugee Law 24.2 (2012): 202-30. Oxford Journals. Web. . 47 Ibid. 48 Palestinian Liberation Organization. Negotiations Affairs Department. Israeli Policies and Practices in Oc- cupied East Jerusalem. May 2013. Web. . 49 Israel. Jerusalem Municipality. City Planning Department. Local Outline Plan: Jerusalem 2004. 50 Ibid 3. 51 Ibid 3. 52 Ibid 4. 53 Ibid 4. 54 Nuseibah, Munir. “Decades of Displacing Palestinians: How Israel Does It”. Al Shabaka. 18 June 2013. 55 Hamoked. Israel Continues Its “Quiet Deportation” Policy: In 2012, the Ministry of Interior Revoked the Residency Status of 116 Palestinians from East Jerusalem. 28 April 2013. 56 Ibid 3. 57 “Statistics on demolition of houses built without permits in East Jerusalem”. Btselem. 17 June 2013. http://www.btselem.org/planning_and_building/east_jerusalem_statistics. 58 Ibid 3. 59 United Nations. Office for the Coordination of Humanitarian Affairs - occupied Palestinian territory. Resi- dency Rights of Palestinians in East Jerusalem. 23 March 2011. Print. 60 Ibid 14. 61 Rashid, Siham. “The situation of youth and women in the Occupied Palestinian Territory, including East Je- rusalem”. United Nations International Meeting on the Question of Palestine. UNESCO Headquarters, Paris. 30-31 May 2012. 62 Ibid 14. 63 Ibid 14. 64 Tabar, Natalie. The Jerusalem Trap: The Looming Threat Posed by Israel’s Annexationist Policies in Occu- pied East Jerusalem. Ramallah: Al-Haq, 2010. 65 Ibid 19. 66 Ibid 4. 67 Foreign & Commonwealth Office. “Middle East Peace Process”. The National Archives of the UK (TNA). 6 February 2008. . 68 This sub-section was not a part of the original article submitted by the Coalition for Jerusalem and is being added for relevance. 69 ‘The History of the Jewish Agency of Israel’, available online http://www.jafi.org.il/JewishAgency/English/ About/History/ (Last accessed 20 January 2014) 70 Handmaker, J. And Nieuwhof, A. ‘Voting with their feet’, Electronic Itifada, 9 May 20015 71 Groag, S. ‘Racism in Israel’, Electronic Intifada, 18 December 2005 72 Sheva, A. ‘Jerusalem hosts “Mega Aliyah Event”’, Israel National News, 2 August 2013 73 Handmaker (n70) 74 Within Israel Arab citizens also experience demolitions and displacement. The entire Bedouin community of al-Araqib, for example, has been demolished more than 50 times. On 24 June 2013, the Israeli Knesset approved the Prawer-Begin Bill for the mass expulsion of the Arab Bedouin community in the Negev desert in the south of Israel. If fully implemented, the Bill will result in the destruction of 35 “unrecognized” Arab Bedouin villages, the forced displacement of up to 70,000 Arab Bedouin citizens of Israel, and the dispossession of their historical lands in the Negev. 75 Hasson, N. ‘Jerusalem orders demolition of apartment buildings in Arab neighbourhood’, Haaretz, 4 No- vember 2013 76 Amnesty 2004

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