Jerusalem Center for Social and Economic Rights

ANNUAL REPORT 2001; part 2

The right to social security

The National Insurance Institute (NII) is responsible for implementing Israel's social security policy. The NII provides a variety of allowances to Israeli citizens, including the residents of East Jerusalem. It pays allowances for children under 18 years of age, for senior male citizens over 65 and senior female citizens over 60 years of age. It also provides allowances for the unemployed and disabled suffering from physical disabilities and diseases. It pays allowances to cover hospital and medical expenses. It also pays other allowances including widow, delivery and death allowances. The entitlement to benefits from the NII depends on residency in Israel, including Jerusalem. However, the practices and policies in the provision of social insurance make a clear distinction between Israeli citizens and Palestinian residents, as is the case at the Interior Ministry previously described.

The NII is authorized by law to conduct investigations to verify that the individual, who claims an allowance lives in Israel and meets the conditions. It is NII's policy to suspect every Palestinian Jerusalemite to actually live outside the Municipal boundaries and it therefore conducts an investigation of every Palestinian application. Furthermore, all Palestinian applicants have to provide all necessary documents and papers to prove his/her 'center of life' within the Jerusalem's municipal borders. In many cases, the NII approves the application only after taking legal action against it. Jewish citizens are not subjected to the same treatment, as their residency rights are not questioned.

NII's investigations in East Jerusalem breach the principles of proper administration and grossly violate the rights of Palestinian residents. Two examples: (i) An investigation of a claim can take several months and takes place every time a Palestinian Jerusalemite approaches the NII. During the investigation period, the claimant does not receive allowances or health insurance. Accordingly, residents of East Jerusalem awaiting the results suffer financially. (ii) Investigations and their reports are in Hebrew. Palestinian Jerusalemites are forced to sign these documents without being able to understand the contents.

Since the start of the Second Intifada, NII investigators have not entered a number of Palestinian neighborhoods in East Jerusalem. Israel says this is because of security reasons. However, therefore many Palestinians do not get the benefits and allowances to which they are entitled. Approximately 600 Palestinians were denied their right to social security in 2001 because of this policy.

An example: the case of NS

Ms. NS is pregnant and in her seventh months. She lives in the neighborhood of El Esawiah in East Jerusalem. At least three months before delivery, a pregnant woman has to register in a hospital. The hospital needs a letter from the NII in which it guarantees to pay for the hospital expenses. Ms. NS applied for this letter at the NII and submitted the documents that prove her 'center of life' in Jerusalem. Besides these documents her residency has to be investigated before being able to approve her application. However, because of the current situation, NII investigators do not go into some Palestinian neighborhoods in East Jerusalem for safety reasons. El Esawiah is one of these neighborhoods. This means that the investigation is being delayed and Ms. NS does not receive a guarantee letter. To be able to register her, the hospital asked for a deposit of NIS 5000, which she paid with help of her family.

The Center took up this case and assists Ms. NS in obtaining the rights she is entitled to.

JCSER's activities

Legal assistance
JCSER assisted 222 people concerning their social security involving the National Insurance Institute.

Five samples of social security cases involving the NII adopted by JCSER

Ms. DB

Ms. DB, a married woman and a mother of three children, receives social income from the NII, but no widow allowances after her husband died in 1995. The NII claims that her husband died in the West Bank.

She approached the Center for legal help. Following numerous legal follow-up, the NII approved to disburse widow allowances to Mr. DB.

Mr. RH

Mr. RH applied for elderly allowances at the age of 65. The NII turned down the application under the pretext that he lives outside Jerusalem's municipal borders although he pays all taxes due, including Arnona municipal tax, income tax, and national insurance fees. It also discontinued his entitlements of health insurance.

He approached the Center on 6 February 2001 for legal assistance. The Center sent a memo dated 12 February 2001 to the District Labor Court, objecting to the NII's decision and requesting the Court to reinstate the family's health insurance and to force the NII to pay elderly allowances retroactively to their client.

Following legal follow-up of the case, the Center was able to obtain a court decision to reinstate the family's health insurance. On the other hand, the Center continues to pursue the issue concerning the disbursement of elderly allowances to Mr. RH.

Ms. NN

In 1990, the NII's investigators visited Ms. NN's house when she was not at home. The investigators concluded that the family lives outside the municipal boundaries of Jerusalem. As a result, the NII discontinued her entitlements of child benefits, which she used to receive. She did not receive child benefits or delivery allowances from the NII for her four children born afterwards despite her applications. She approached the Center on 31 March 1999 for legal consultation.

When the NII did not respond to the Centers' memos, it resorted to the District Labor Court. On 29 April 2001, the Center succeeded in obtaining a court decision to disburse child benefits retroactively as of 1 June 1995.

Mr. NM

Mr. NM approached the Center on 16 October 1999 after the NII discontinued his entitlements of disability and elderly allowances on 1 August 1999. JCSER sent memos to the NII, requesting it to disburse the client's entitlements.

As it did not receive a reply from the NII, the Center filed a case against it at the Labor Court. The NII replied that it used to pay Mr. NM 800 NIS a month since September 1995, although the family used to have a monthly income of 3,000 NIS. The family's entitlements were deducted from Mr. NM's allowances as accumulated debts. JCSER objected to this practice.

The NII approved to disburse elderly allowances only. The case filed at the Labor Court by JCSER was dismissed. The Center continues to follow-up on the issue concerning the annulment of previous debts.

Ms. HAS

In 1997, the NII discontinued Ms. HAS's health insurance under the pretext that she lives outside Jerusalem's borders. However, a year ago, the Interior Ministry approved to issue a one-year residency permit for her husband as a result of their family reunification application and to register their children. Although the Interior Ministry was convinced of their 'center of life' in Jerusalem, the NII was not. She did not receive her entitlements of delivery allowances and child benefits.

She approached the Center on 20 March 2001 after she received a memo from the NII, requesting her to pay the national insurance fees. Following legal follow-up, the Center was able to reinstate the family's health insurance. It also disbursed the family's entitlements of child benefits in the amount of 10,333 NIS and to pay these allowances on a monthly basis as of July 2001.

Legal advocacy
In December 2000, JCSER submitted a petition to the Israeli Supreme Court against the National Insurance Institute (NII) for using only the Hebrew language during investigations and not Arabic. However, Arabic is the second official language in Israel and many Palestinians do not understand Hebrew. Until this moment, Palestinians in East Jerusalem have been forced to sign documents and papers without being able to understand its contents. As a result, they risk loosing their rights and benefits to which they are entitled.

JCSER was able to obtain the NII's official approval to use the Arabic language during investigations towards Palestinian Jerusalemites. The Israeli Supreme Court forced the NII to pay JCSER lawyers' fees and the NII will start using the Arabic language as of April 2002. This is an important achievement for the Palestinians in East Jerusalem.

The right to equal access to public services

There is a clear discrepancy between the Municipality's services in East and West Jerusalem. However, the tax system is the same. The Arnona municipal tax problem relates specifically to East Jerusalem. The way the Arnona tax system is constructed and applied, it affects the Palestinian residents disproportionately hard and thus their ability to maintain a decent living and secure the future existence of their families in the city. Taking into consideration the uneven socio-economic and demographic conditions and the uneven income levels between East and West Jerusalem, the collection of taxes based on unified fees disadvantages the Palestinian residents.

When unable to pay, Palestinian residents are subjected to various punitive measures. These range from fines to seizure of property to imprisonment. The Municipality also sends the Arnona tax invoices with the water bills and can cut off water on those who are unable to pay these bills. The problems concerning Arnona are widespread in East Jerusalem and bear a heavy impact on daily life and the ability to maintain a living and secure the future existence of Palestinian families in the city.

The Arnona tax policy has negatively affected the development of trade and caused several small and medium sized enterprises owned by Palestinians to close within and around the Old City. In May 2001, JCSER conducted a survey, which showed that of the previous 1,000 shops in the Old City, over 250 had been closed over the years.

Where the tax system is united, the access to services is not. Structural discrimination against the Palestinian population in East Jerusalem is reflected in municipal budget and services.

The total amount of money spent in East Jerusalem was NIS 229,475,277 in the year 2000 (Figures of 2001 are not available at this time). This is 8.7 percent of the total municipal budget, which was NIS 2,640,320,000. This means that the Jerusalem Municipality spends about six times more on its Jewish population in comparison to its Palestinian population. Accumulated over the years since 1967, it amounts to huge and unjust differences in public services between East and West Jerusalem.

JCSER's activities

Legal assistance
JCSER worked on 87 Arnona tax cases during 2001.

Four samples of Arnona tax cases adopted by JCSER

Mr. JA

The Bailiff Office confiscated Mr. JA's electrical equipment seven times under the pretext that he owes the Jerusalem Municipality the amount of 23,000 NIS for tax debts and 10,000 NIS attorney's fees. As these amounts exceed his financial abilities, Mr. JA approached the Center on 28 March 2001 for legal help.

JCSER sent a memo to the Bailiff Court, attached with all documents, confirming that his income is below the poverty line and the requested amounts exceed his financial abilities. On 16 April 2001, the Center was able to obtain a court decision to stop all measures taken against its client, and to return confiscated property.

According to the court decision, the client will make a monthly payment of 250 NIS as of April 2001. The Center continues to follow-up the case with regard to canceling the entire amount.

Mr. AZ

Mr. AZ was requested to pay the amount of 16,000 NIS Arnona tax debts on a property that does not belong to him. He approached the Center on 28 February 1999 for legal assistance. JCSER filed a case against the Municipality, requesting it to cancel the name of the client from the real estate. It also requested the Municipality to pay all expenses and loses, including lawyers' fees inflicted on their client.

During a court session held on 27 January 2001, the Municipality withdrew from the Court to avoid the payment of expenses. The court issued a decision to cancel the Arnona tax requested from the client and to refund the 3,350 NIS he had paid already.

Mr. NM

On 6 May 1995, the Municipality obtained a court decision requesting Mr. NM to pay the amount of 32,500 NIS Arnona tax debts on a shop in the Old City owned by his brother, who used to study in Spain and died there. In the beginning of 2001, the Municipality obtained another court decision requesting the payment of 117,965 NIS.

Mr. NM approached the Center on 12 February 2001 for legal help. After studying the file, the Center found out that the amount (117,965) included 32,500 NIS, which was issued illegally against their client in 1995. The Center filed a case against the Municipality. Following a number of sessions, the Court issued a decision on 21 October 2001 to cancel the amount of 32,500 NIS, in addition to interests, making a total of 66,000. According to the court decision, the client is required to pay the reduced amount of 56,000 NIS. At a later time, the Center was able to obtain a court decision, according to which the client would make a monthly payment of 250 NIS, and to cancel all legal measures taken against their client.

Mr. WS

Mr. WS rented a house in Beit Hanina during the period from 1 September 1991 to 31 August 1993, after which he moved to Al-Musrarah neighborhood in the Old City. In 1997, the Municipality carried out renovation works in the street near the house in Beit Hanina. He received a memo from the Municipality requesting the payment of 17,216 NIS, although the renovation was carried out four years after he left.Mr.

WS approached JCSER on 17 April 2001 for legal aid. The Center requested the cancellation of the amount. Following legal pursuit of the case, the Center was able on 15 February 2001 to obtain the Municipality's approval to cancel the debt imposed illegally on its client.

Legal advocacy
Thursday 5 April 2001, the Israeli Supreme Court held a hearing to discuss JCSER's Arnona tax petition on behalf of merchants in East Jerusalem, which was submitted in October 2000. JCSER requested from the Municipality to refrain from imposing a unified Arnona tax and to take into consideration the business location and the economic and social differences between East & West Jerusalem. Income levels in West are much higher than in East. This difference was even increased as a result of the closure imposed on East Jerusalem since 1993.

JCSER's petition clarified the social, economic and commercial differences between West & East Jerusalem. The majority of residents in East Jerusalem earn the minimum level of wages and the unemployment rate is high. Despite this, the Arnona tax imposed in East & West Jerusalem is similar. Although the tax is unified in East and West Jerusalem, the Municipality differentiates between East & West concerning the infrastructure services provided and budgets allocated.

According to JCSER, the principles for tax collection in Jerusalem should be graded according to the income of the inhabitants and the level of municipal services should at least correspond with the level of taxes collected. Petitioners described the policy of a unified Arnona tax as a 'discriminatory and abusive' measure against the interests of Palestinian residents in East Jerusalem.

At the hearing, the Supreme Court issued a 45-day preventive order, according to which the Municipality should refrain from issuing new Arnona tax invoices to the Palestinian merchants in East Jerusalem or taking any measures against them. This preventive order was issued to give the judicial committee time to reply to the case. The Supreme Court also demanded that the Israeli Ministry of the Interior would join the case. JCSER prepares to follow up on this petition, which will continue in 2002.

JCSER submitted another petition against the Jerusalem Municipality concerning the cutting water supplies when people are not able to pay their water bills. The petition was submitted in August 2001 on behalf of JCSER and one family.

According to JCSER, the policy to cut off the supply of water to collect money is not in accordance with the law. In the is stated that the Municipality has several means to force people to pay their bills, however, the authorization does not include cutting the supply of water. Furthermore, JCSER considers access to water is a basic human right. The first hearing will be in March 2002.

The right to housing

During 2001, JCSER has documented an increase in violations of the right to housing. The biggest demolition campaign took place on July 9 in Shu'fat refugee camp. Israel demolished fourteen homes leaving their inhabitants homeless, many of them for the second time.

No considerable policy changes took place concerning planning, zoning and building restrictions in East Jerusalem. Most land for Palestinian housing is already built up or zoned as 'Green Area', which means building in not allowed. A Town Planning Scheme (TPS) is a precondition for residential land to be developed. In East Jerusalem, the approval of plans in Palestinian neighborhoods remained a problem. The Municipality keeps delaying urban planning for East Jerusalem.

An approved TPS limits the number of additional houses allowed to be built in Palestinian areas because of the demographic quota, and restricts building to low level. For construction to be legal, a building permit is required. As a result of zoning restrictions, recalcitrance on approval of TPS, it is almost impossible to obtain the necessary building permits. The process for such a permit is cumbersome, intrusive, time consuming, and expensive. In many cases the licensing process in East is more complex than in West Jerusalem due to problems relating to existing infrastructures and bureaucracy. Besides restrictions on building, the Municipality also places restrictions on renovation works. JCSER estimates that there are 1,400 houses inside the walls of the Old City in desperate need of renovation at the moment.

According to the Municipality, 191 out of 219 requests for building permits submitted in East Jerusalem were approved, while 1,087 out of 1,519 requests for building permits were granted in the rest of the city last year. Licenses for East Jerusalem were concentrated in South-East Jerusalem according to the Palestinian housing council and decreased compared to 2000. The decrease of the applications for building permits probably can be explained by the decreasing economic situation for most Palestinian Jerusalemites. Nowadays, the average cost of obtaining a permit is about US$ 20,000.

The policy for obtaining building permits, together with the costs involved, the shortage of housing, and the demographic growth lead to large-scale illegal building. To battle against the illegal construction, the Interior Ministry and the Jerusalem Municipality adopted, besides other measures like imposing high fines, a policy of demolishing "illegal buildings". This policy targets Palestinian areas disproportionately. At this moment, 2,000 demolition orders, affecting 12,000 housing units, are in effect for East Jerusalem. Over the last ten years, from 1992 until 2001, at least 250 Palestinian houses have been demolished in East Jerusalem. In West Jerusalem, demolition orders that destroyed a whole house were never carried out.

In East Jerusalem, 1117 buildings were built illegally in 2001 according to municipal information; the Municipality took legal procedures against 270 cases; 68 civil orders were sent to announce a demolition; 32 houses were actually demolished by the Municipality. These figures should be compared to the ones in West Jerusalem where 6051 buildings were built illegally in 2001; the Municipality took legal procedures against 760 cases; 8 civil orders were sent to demolish; 7 buildings were actually demolished by the Municipality. These were four tents; one kiosk; and two buildings, which were built on a cemetery.

These are only the demolitions of the Municipality. However, the Interior Ministry also demolishes homes. The estimated total number of homes demolished in East Jerusalem in 2001 is 51 buildings, which consists of 74 housing units according to the Multi Sector Working Group.

JCSER's activities

JCSER worked on 16 cases involving building without permit and home demolition.

Three samples of home demolition cases adopted by JCSER

Mr. SZ

In 1994, Mr. SZ built a house on pillars with a total area of 120 square meters. On 10 June 1996, a court decision was issued against him by the Jerusalem Municipality to demolish parts of the house. In a response, he closed the space between the pillars. He approached the Center for legal help as the Municipality filed another case against him.

JCSER submitted an urgent request on 30 January 2001, requesting the Municipality to postpone the court session due to the bad health conditions of Mr. SZ at that time. He had heart problems and was receiving medical treatment. On 24 April 2001, a court session was held in which Mr. SZ was charged a 30,000-NIS fine. The client was also asked to apply for a building permit.

Although the immediate threat of demolition is gone, his problems remain on the long-term. He is charged high fees exceeding his financial abilities, as he is unemployed and has to take care of his five children.

Mr. AJ

In 2000, the Jerusalem Municipality filed a case against Mr. AJ for building a two-floor house in Wadi Al-Joz neighborhood without obtaining a building permit. His son approached the Center for legal assistance.

After examining the file, JCSER concluded that the bill of indictment submitted by the Municipality contradicts the facts on the ground. On 6 August 2001, the Center was able to obtain a court decision to dismiss the case according to the 'law of limitation'. The case was dismissed, as the Center was able to prove that the house was built many years ago. This law means that a case is cancelled if no legal action is taken against the accused person within a period of seven years.

Mr. MM

The family of Ms. MM built a house with a total area of 110 square meters to solve their housing crisis. On 14 June 2000, she approached the Center after she received a house demolition order from the Municipality on 7 June 2000.

The Center filed a case against the Municipality. On 29 May 2001, a court session was held, during which the Court issued a decision requesting the client to pay a fine of 49,800-NIS. A monthly payment of 500 NIS will be made as of 10 September 2001. The client will be given time until 1 June 2002 to complete the process of obtaining a building permit to prevent her home from demolition.

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