Jerusalem: A Policy of Discrimination:
Land Expropriation, Planning and Building
Jerusalem represents perhaps the most contentious issue in the
negotiations between Israel and the Palestinians. Palestinians
hope to establish their capital in East Jerusalem, while Israel
claims that it will not relinquish control over any part of what
it considers its eternal, indivisible capital. The process of
resolving these conflicting claims will be central to the
negotiations on the permanent status of the occupied territories.
In the meantime, in the five year interim period between the
Declaration of Principles and the permanent status arrangement,
both Israel and the PLO agree not to "initiate or take any step
that will change the status of the West Bank and the Gaza Strip
pending the outcome of the permanent status negotiations" (Article
XXXI of the Interim Agreement on the West Bank and the Gaza Strip).
Despite this agreement, Israel continues to construct Jewish
neighborhoods in East Jerusalem. In May, B'Tselem released A Policy
of Discrimination: Land Expropriation, Planning and Building in
East Jerusalem. This comprehensive report details the systematic
and deliberate discrimination against the Palestinian population
of East Jerusalem in all matters relating to land, development
and housing construction.
Urban development of the city is based on political-national
considerations, rather than addressing the needs of all residents
of Jerusalem. Since 1967, one central goal has dictated municipal
planning policy: strengthening Israeli control throughout the city.
This has been accomplished through the construction of Jewish
neighborhoods throughout East Jerusalem and the encouragement of
Jews to settle in them.
|
Percent of Families living in high density of 3 or more persons per room
|
| . |
1972 |
1983 |
1987 |
1989 |
1991 |
1992 |
1993 |
| Jews |
8.4 |
1.2 |
1.5 |
2.1 |
2.2 |
3.1 |
2.4 |
| Palestinians |
49.0 |
26.5 |
33.5 |
47.9 |
27.2 |
30.9 |
32.3 |
| Gap |
483.3 |
2108.3 |
2133.3 |
2180.9 |
1136.3 |
896.7 |
1245.8 |
The means to attain this objective include the following:
- Land expropriations: Most of the lands expropriated since 1967
were privately-owned by Arabs. Some 38,500 housing units were
built on this land, all of them for the Jewish population. Not
one housing unit was built for Palestinians.
- Town Planning Schemes: The planning authorities prepared planning
schemes which, rather than contributing to the development of
Palestinian neighborhoods and easing the housing shortages there,
restrict development and limit the area designated for building
in Palestinian neighborhoods. At the same time, the Israeli
authorities promote extensive building and enormous investment
for Jewish neighborhoods in East Jerusalem.
These policies have increased the housing density in the Arab sector.
While the average housing density of the Jewish population in 1993
was 1.1 persons per room, for the Palestinian population the density
was 2.2 persons per room. Furthermore, rather than decreasing
since Israeli occupation, the gap in housing density is twice as
large as that which existed in 1967.
Although the general contours of Israeli policy in East Jerusalem
were well-known, B'Tselem used official documents from the
Municipality and government offices, minutes from City Council
meetings, court decisions and a review of Town Planning schemes
to document the policy in detail.
The policies documented by B'Tselem constitute a violation of the
internationally-recognized right to non-discrimination. Israel
is a signatory to the International Convention on the Elimination
of All Forms of Racial Discrimination, which explicitly prohibits
discrimination regarding the right to housing (Article 5 (e) (iii).
In addition to the principle of non-discrimination, Israel is in
violation of the human right to housing. Article 11 of the
International Covenant on Economic, Social and Cultural Rights
recognizes "the right of everyone to an adequate standard of living
for himself and his family, including adequate food, clothing and
housing, and to the continuous improvement of living conditions."
Furthermore, as a signatory to this Covenant, Israel guarantees
"that the rights enunciated ... will be exercised without
discrimination of any kind" (Article 2(2)).
Furthermore, under international law, the status of East Jerusalem
is identical to that of the West Bank: it is occupied territory
to which the Fourth Geneva Convention applies. This Convention
prohibits the occupying power from making permanent changes to
the occupied territory or from settling part of its population
there. Israel's land use and building policies in East Jerusalem
violate both of these prohibitions.
B'Tselem had been conducting research for this comprehensive report
for over a year. However, it expedited its publication upon the
announcement of two decisions regarding land use in East Jerusalem:
a decision to build a Jewish neighborhood upon land which was
confiscated in 1991 (the so-called Har Homa neighborhood) and the
confiscation of an additional 535 dunams of land in East Jerusalem.
The report was covered widely by both the Israeli and the
international media. Ha'aretz, the leading intellectual Israeli
daily newspaper devoted a full page to an analysis of the report.
Yizhar Smilansky, the respected Israeli writer and winner of the
coveted Israel Prize, wrote an article on the report entitled,
"Israel Prize to B'Tselem" (see accompanying excerpt).
The report also generated a significant amount of attention among
policy makers both in the government and the municipality. Jerusalem
Deputy Mayor, Arnon Yekutieli, appealed to the Israeli High Court
regarding land confiscations in Jerusalem. His appeal was based
largely on B'Tselem's report which was quoted extensively in the
appeal. The city council held a discussion about discrimination
in planning and housing based on B'Tselem's report.
B'Tselem initiated a meeting between the Minister of the Environment,
Yossi Sarid, and planning experts to discuss land use and planning
in Jerusalem. Sarid is a member of the governmental committee
formed to examine housing issues of Palestinians in East Jerusalem.
At Sarid's suggestion, B'Tselem provided him with a briefing document
along with concrete suggestions of how to rectify the situation.
The policies B'Tselem documented in this report continue. While
the confiscation of the additional 535 dunams has been postponed,
the Municipality continues its plan to construct a Jewish
neighborhood at Har Homa. Issues of land use in East Jerusalem
are likely to be a contentious issue in the permanent status
negotiations between Israel and the Palestinians. Yet these
negotiations focus on contesting sovereignties over the territory.
It is crucial that human rights advocates ensure that in this process
the basic rights and needs of the population do not get ignored.
Israel Prize to B'Tselem
By Yizhar Smilansky
Because they speak the truth. Because they fight for the human
rights of everyone - even Palestinians. Because they are pure
of mind, pure intentioned and pure in deed ...
How could lands marked "empty squares" not be empty, while areas
intended for public construction are taken and constructed solely
for Jews - nothing for the Arabs who had been living there for
generations? How could they expropriate land from their owners
by machinations that only one who occupies by force would employ?
Or how were solutions found for the growing Jewish population while
the growing Arab population met with bureaucratic neglect and scorn?
Imagine being an Arab trying to get a building permit - all the
prohibitions, the harassment, the rejections and the arrogant
pretexts; the usual treatment of an occupied population. Deceit,
cunning, expropriations, various acts of malice, including non-
intervention and lack of enforcement by the courts - and all of
course for the glory of the State of Israel; to proclaim that we
are here, always and above all else - to a tune which is somewhat
familiar and somewhat disturbing.
Everyone who seeks justice, who cares about honesty, who really
wants to know the truth about the expropriations in East Jerusalem,
should study A Policy of Discrimination. ...
If someone deserves the Israel Prize, someone who salvages our
pride as Jews in Israel, it is B'Tselem. ...
