Jerusalem is often referred to as the 'city of peace'. However, the reality of today is a different one. Since its establishment in 1997, the Jerusalem Centre for Social and Economic Rights (JCSER) has documented a variety of ongoing systematic violations of human rights in the city. To end these violations, the key root causes need to be identified, recognised and then effectively countered. This study is an attempt to identify these causes of human rights violations and to provide an understanding of the goals, laws, policies and practices of the Israeli authorities in the city of Jerusalem.

The city of Jerusalem today is a geographical collection of several entities 'united' by Israel. When describing contemporary Palestinian history in Jerusalem, two dates in particular are important. The War of 1948 divided the city in what became known as Israeli controlled West and Jordanian controlled East Jerusalem, while during the War of 1967 Israel 'united' the city and extended its borders. This 'unification' was the beginning of a series of discriminatory policies that have had serious consequences on several aspects on the life of the Palestinian inhabitants of the city.

Ever since 1948, Israel's objectives in Jerusalem have been to establish irreversible and exclusive control over the city. Since 1967, a framework has been created to integrate East Jerusalem into Israel and to separate it from the other Occupied Territories. Policies have been implemented to ensure Israel's domination, and to prevent possible re-partition of the city by ensuring territorial integrity and a Jewish demographic majority. These policies race with time in attempts to create 'new facts on the ground' before entering any kind of political settlement related to Jerusalem. In practice, this led to a range of measures designed to undermine and reduce Palestinian presence in Jerusalem. These discriminatory policies and practices are interrelated and strengthen each other as will be shown in this paper.

The status of Jerusalem, and therefore the situation of Palestinians living in the city, differs from Palestinians living in Israel, as well as from Palestinians living in the Occupied Territories. The annexation of East Jerusalem in 1967 extended Israeli law, jurisdiction, and administration to this part of the city. On July 30 1980, the Knesset passed the Basic Law, which declared Jerusalem, including the eastern part of the city, the Capital of Israel. Under Israeli law, the legal status of East Jerusalem is different from that of the rest of the territories occupied in 1967, which are under military occupation. As Israeli residents, Jerusalem Palestinians enjoy certain benefits denied to Palestinians from the rest of the West Bank and Gaza Strip. They are not subjected to the same restrictions on movement as imposed on other Palestinians. They are also entitled to health insurance and other social welfare benefits as all other Israeli residents. However, they are subject to discriminatory laws and policies intended to reduce the Palestinian population in Jerusalem.

Israel's illegal annexation, objectives, policies and practices in Jerusalem have led to general international condemnation. Between 1947 and 1996, the UN Security Council issued 21 resolutions on Jerusalem. The General Assembly has also issued similar resolutions (54 resolutions between 1947 and 1992). These resolutions were issued either because of Israeli policies and measures in Jerusalem in particular, or they referred to Jerusalem in the context of the Occupied Territories. These resolutions emphasise the illegitimacy of Jerusalem's annexation. Additionally, these resolutions regard the city as an integral part of the Occupied Territories and emphasise the applicability of international humanitarian law, namely the Fourth Geneva Convention. This makes that the situation of Palestinians in Jerusalem is different compared to those living in Israel itself.

The assumption of this paper is that Israeli policies and practices in the city of Jerusalem include forms of institutionalised racial discrimination and fulfil some of the key elements of the 'Crime of Apartheid' as codified in the International Convention on the Suppression and Punishment of the Crime of Apartheid (1976), namely racial segregation, discrimination, and inhuman acts designed to establish and maintain domination of the Jewish residents of Jerusalem over the non-Jewish inhabitants.

To examine this assumption, we will analyse Israeli laws, policies and practices in Jerusalem by using the framework provided by the Convention on the Suppression and Punishment of the Crime of Apartheid. Each of the six elements of Article two of the Convention will be mentioned below. These elements, as far as they are applicable, will be interpreted and translated to the Jerusalem situation. This study will end with a conclusion and recommendations. As JCSER is specialised in social and economic issues, this will be the focus of the study. This study is carried out in preparation for the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerances (Durban, South Africa, 2001) in particular because this conference will focus on a wide range of issues, including sources of racism, victims of discrimination, measures of prevention, the provision of effective redress, and strategies to achieve full equality.

For the purpose of clarifying Israeli policies and practices in Jerusalem from 1948 onwards, we have taken the elements of “the Crime of Apartheid”, which includes “similar policies and practices of racial segregation and discrimination as practised in southern Africa” as it applies to “inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them.”

In the convention, the denial of the right to life and liberty is divided in three sub-parts: (a) murder; (b) infliction of serious bodily or mental harm; and (c) arbitrary arrest and illegal imprisonment. To describe the situation in Jerusalem with regard to these violations, we will focus on the events since the beginning of the Al-Aqsa Intifada at the end of September 2000.

The current Intifada started in Jerusalem with the visit of Ariel Sharon to the Al-Aqsa Mosque on 28 September 2000. During the protests that followed, Israeli policemen killed four Palestinians. Following this incident, demonstrations took place throughout the Occupied Territories. This Palestinian uprising against the Israeli occupation resulted in

Palestinian human rights being violated on a large scale. Although the Al-Aqsa Intifada started in Jerusalem, the events of the last ten months cannot be separated from the policies and practices of Israel towards Palestinians in the other parts of the Occupied Territories. The Israeli measures are aimed towards Palestinian people in general, whether they live in Jerusalem or in any other place in the region.

One of the reasons by which the high number of civilians killed could be explained is the reluctance or failure of the Israeli Defence Forces (IDF) to develop non-lethal crowd control techniques, although a wide variety of these techniques are used throughout the world. Water cannons have, for example, not been used at all. On the contrary, it expanded the use of live ammunition. Furthermore, the Israeli security forces have ceased to investigate cases of killed Palestinian civilians. The argument used for doing so is involvement in an 'armed conflict', although most of the casualties occurred during demonstrations. This grants immunity from prosecution to security forces that violated human rights. Even if Israel does not have a policy to intentionally kill Palestinians, its intentions should be seriously questioned. Too many people have been killed in demonstrations in the same way without Israel investigating and changing its policy on dispersing demonstrations.

From September 2000 until 28 July 2001, 127 Israelis got killed both in the Occupied Palestinian Territories as well as in Israel itself. 70 percent are Israeli civilians, and thirteen percent minors. These differences in numbers of casualties show that the Palestinian – Israeli conflict is not an 'armed' conflict between two equal parties.

Causes of injuries during the Intifada from 28 September 2000 until 30 June 2001:

The number of people with mental harm from physical and psychological effects of Israeli violence on Palestinians are not readily available and hard to make visible. However, taking into account the scale of violence that occurs in the Palestinian Occupied Territories today and the number of people exposed to violence, it can be expected that a large number of the Palestinian population will develop psychological problems. A study conducted in 1990 on the psychological impact of the first Intifada on children in the Occupied Territories showed that children developed psychological problems, such as sleep disturbances, fears, depression, disobedience, fighting with and disturbing others.

In Jerusalem, Palestinians and Israelis live closely together, especially in East where Jewish settlers have taken over homes in Palestinian neighbourhoods. Palestinian inhabitants are often exposed to police and civilian violence. Police violence mostly occurs in areas where there is a heavy police presence such as in the Old City and at the checkpoints around the city. Civilian violence against Palestinians in Jerusalem also occurs in the Old City and in Israeli controlled West Jerusalem or in places where settler groups are active. They often assault Palestinian residents, with or without the assistance of the Israeli police.

2a. Planning and zoning restrictions

24.5 square kilometre, 35 percent of the total annexed area of East Jerusalem (70 square kilometre) is expropriated land. Theoretically, this leaves 45.5 square kilometre for Palestinian use. However, several methods are adopted by the Jerusalem Municipality to severely limit this number.

First of all, land distribution and zoning designations in East Jerusalem as determined by the municipal authorities:

Most land for Palestinian use is restricted. Two techniques are used, namely the 'Blue line' and 'Green area'. Only on land within the blue line can be built. In general, the blue areas are synonymous with the areas that have already been built on. 'Green area' is land set aside to preserve it for environmental or recreational purposes. However, in fact it is a zoning tactic to remove the land from use by Palestinian owners and to hold it as reserve for Jewish housing. This was, for example, the case at Jabal Abu Ghneim. Initially defined as 'Green area' to prevent the neighbouring Palestinian villages of Sur Baher and Umm Tuba from expanding, Jabal Abu Ghneim was subsequently rezoned for residential construction of the new Jewish settlement of Har Homa.

A Town Planning Scheme (TPS) is a precondition for land within the blue lines to be developed although this is already built-up area. Normally, it ensures adequate and efficient development of an area in line with the overall planning goals of the Municipality. However, in the case of East Jerusalem, TPS has been used as a means of restricting Palestinian development by minimising the scope of TPS in Palestinian areas, delaying their implementation or simply failing to draw up a TPS for the majority of Palestinian land in East Jerusalem. Over a third of East Jerusalem lacks TPS. For the Israeli settlements in this part of the city, the state takes the responsibility for reparcelling the lands, allocating funds, as well as hiring the planners and architects necessary to put the TPS together. The development projects in Palestinian neighbourhoods, all costs and resources needed to draw up a TPS fall on the Palestinians themselves. Furthermore, submitting a complete TPS does not mean that the Municipality automatically approves. From 1978 to 1996 only thirteen plans in Palestinian neighbourhoods have been approved. Even when approved, a plan is often not implemented. After expropriations, 'Green areas', and land that lacks TPS, only seven percent of East Jerusalem is left for Palestinian building.

2b. Building restrictions

Approved and implemented TPS limits the number of additional houses allowed to be built in Palestinian areas because of the demographic quota, and restrict the building percentages to low levels for Palestinian homes, namely to one or two floors, while Jewish housing units can go up to eight floors. In other words, different attitudes and conditions are being used by the authorities when it comes to planning in Palestinian and Jewish neighbourhoods. The policy for the latest is to promote and assist as much as possible in planning and building to settle the maximum number of people on a given piece of land, while for Palestinians it is exactly the opposite, namely confronting them with many obstacles and restrictions.

For construction to be legal, a building permit is required. As a result of zoning restrictions, recalcitrance on approval of TPS, and the difficulty of the planning process required by the Municipality, it is almost impossible for Palestinian landowners to obtain the necessary building permits to legally utilise their land for housing. The process of applying 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.

On average, the Municipality grants the Palestinians only 150 building permits per year. Even though they make up about 32 percent of the Jerusalem population, the number of building permits issued to Palestinians made up only 16.5 percent and 17.5 percent of the total number of permits issued in Jerusalem in the years 1997 and 1998. A building permit costs about US$ 25,000, which forms another restriction for many Palestinians as income levels differ considerably between East and West.

2c. Housing shortage and illegal building

As a consequence of the small percentage of space allowed for building, restrictions on building, the influx of Palestinians returning to Jerusalem and the demographic growth, there is a chronic lack of housing in Palestinian areas of Jerusalem and a high level of overcrowding. At the beginning of the 1990s, Palestinians in Jerusalem faced a shortage that exceeds 20,000 housing units. Since then, the gap in construction for the city's two populations has only increased.

Homes completed between 1990-1997 in Jerusalem:

The policy of obtaining building permits and the shortage of housing lead to large-scale 'illegal construction'. To battle against 'illegal construction', the Ministry of the Interior and the Jerusalem Municipality adopted several measures. These include: (i) imposing high fines; (ii) and a policy of demolishing 'illegal buildings' at various stages of construction, such as skeleton, foundations, and during the expansion of existing buildings. Demolition orders can be issued by the Municipality or by a court decision. The Municipality can carry out demolition orders within 24 hours. This short period of time makes it impossible for most residents to go to court and defend themselves. Demolition orders issued by the courts do give residents the opportunity to make appeal.

The Israeli authority's policy against 'illegal building' targets Palestinian areas disproportionately. Nearly 300 Palestinian houses were demolished in Jerusalem between 1987 and 2000 and at this moment 2,000 demolition orders, affecting 12,000 housing units, are in effect for East Jerusalem. This means that over a third of East Jerusalem residents live under the threat of house demolition. In West Jerusalem some demolition orders were carried out, but only of an extra room or a porch, never a whole building like in Palestinian neighbourhoods. However, it is estimated that 84 percent of the building violations take place in the Jewish sector. While Palestinians are responsible for sixteen percent of the building violations, more than 60 percent of the demolitions are carried out on Palestinian houses.

House demolition orders carried out in East Jerusalem between 1991 and 2000:

3. Element three of the Convention on the Crime of Apartheid:

“Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognised trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association;”

3a. Palestinian political participation

Palestinian residents in Jerusalem have the right to vote in local elections, but not in national Israeli elections. However, the core of Palestinian political strategy in Jerusalem has always been to refrain from doing anything that acknowledges the legitimacy of Israeli rule or recognition of Israel's sovereignty over the city. Since 1967, therefore, most of the Palestinian residents of the city have, amongst other things, consequently boycotted Israeli municipal elections. The result is that Palestinians have no say in what goes on within the Municipality.

Today, it appears that Palestinians in Jerusalem may be more ready than in the past to integrate where unavoidable into Israeli society (i.e. social benefits) and make some changes in their political strategies for surviving on a day-to-day basis in the city. These shifts appear to be purely pragmatic and can be characterised as one of seeking ways to take the initiative to proactively demand equal rights and treatment to improve conditions of daily life without necessarily conferring political legitimacy on what remains an unacceptable political reality for most Palestinian Jerusalemites.

However, there is no shared opinion on this. Some think they inadvertently promote the goal of securing Israeli sovereignty when pushing to improve the quality of life. “In fighting to bring about equalisation and to retain permanent residency to have access to Israeli social and health insurances, Palestinians push for policies that bolster the very Israeli rule over the city that they wish to end.” It can be concluded that although no legislative measures exist according to Israeli law to prevent Palestinians from participating in local political life, doing so would contradict the fact that East Jerusalem is illegal annexed territory.

Palestinian residents in Jerusalem are allowed to vote and to be elected in Palestinian Authority elections, citizens are not. In 1996, 40 percent of the total population of Jerusalem registered to vote. This was already low compared to other districts. However, the voter's participation in the Jerusalem district was the lowest of all regions. The low level of registration, low number of participants, and bad organisation expressed Jerusalem's distance from the political centre. Another explanation for this low number is the presence of Israeli forces. Israel made it difficult for voters to reach the polls by placing large contingents of policemen around the five polling places in East Jerusalem. Furthermore, false rumours and threats about punishments were spread by Israeli's right-wing Likud party, including the revocation of their right to live in the city when voting for the Palestinian Authority elections.

In 1994, Israel decided to prevent the establishment of new political institutions in East Jerusalem and to restrict the activity of the existing ones. The Orient House is one of the very few and most prominent Palestinian institutions that still exist in Jerusalem today.

(i) The right to leave and to return to their country

The Israeli Law of Return grants exclusive citizenship rights to members of the Jewish faith, regardless of where they are born. This right is not granted to Palestinians indigenous to the region. Jews do not need permits to settle in Israel. Meanwhile, similar rights are denied to the Palestinian population.

Israel applies double standards when it comes to refugee rights and their right to return. Israelis, for example, are allowed to retrieve the houses they owned or where they resided in the Old City before 1948. However, this same right is denied when it concerns Palestinians who wish to return to their homes in West Jerusalem or even in the no-man's land that separated the two parts of the city after 1948. No Palestinian has succeeded in reclaiming his or her property until today. Israelis, on the other hand, whether as individuals or through governmental bodies, have been able to repossess their property in East Jerusalem, particularly in the Old City.

Palestinians who fled or were forced to leave their properties in Jerusalem:

In 1948 64,000 – 80.000 people
In 1967 20,000 – 30,000 people

(ii) The right to residence

Israel regulates the issuing of residence permits to Palestinians in Jerusalem with reference to the Entry into Israel Law. This law authorises the Israeli Ministry of the Interior to administer the law. Referring back to the Law of Return, the only people who can get immigration visas are Jews. Another clause states that certain people may be denied entry subject to the criteria of the Ministry of the Interior. However, the ministry does not have the authority to deny entry to any Jew.

After the annexation in 1967, Israel declared that any East Jerusalem resident was entitled to Israeli citizenship under the precondition that he or she met certain conditions stipulated by law. However, citizenship was never encouraged. The conditions included relinquishing citizenship of another country and demonstrating some knowledge of Hebrew. Furthermore, persons granted citizenship were required to swear allegiance to the state of Israel. The ones that did request citizenship were forced to go through bureaucratic processes. The Israeli authority put as many obstacles as possible in their way while, at the same time granting thousands of new Jewish immigrants Israeli citizenship automatically at their arrival. Only 2.3 percent of all Palestinian Jerusalemites became Israeli citizens. For political reasons, most East Jerusalem residents did not. They became permanent residents of Israel.

A residency status is normally granted to foreigners living in Israel and differs substantially from citizenship. The main right granted to permanent residents is to live and work in Israel without the necessity of special permits. They are also entitled to social benefits provided by the National Insurance Institute, and have the right to vote in local elections. Unlike citizenship, residency is only passed on to the holders' children when the holder meets certain conditions, and the holder must apply for family unification for a non-resident spouse. Only citizens are granted the right to return to Israel. As residents, Palestinians are entitled to some of the benefits of citizenship, but required to fulfil most of the obligations, except for army service, with some additional restrictions.

In spite of these obligations and restrictions, Palestinian Jerusalemites have many rights not enjoyed by Palestinian residents of the rest of the Occupied Territories. For example, East Jerusalem residents carry Jerusalem ID Cards, which means almost complete freedom of movement within the country.

Interior Ministry
The Ministry of the Interior is responsible for residency policies. The policies and practices undertaken by the Ministry in dealing with Palestinian Jerusalemites' residency reflect a set of discriminatory measures and can be seen within Israel's overall policy in East Jerusalem since 1967, namely to preserve the 'demographic balance' and to strengthen Israel's sovereignty over Jerusalem. Furthermore, the bulk of Interior Ministry's policy in East Jerusalem is conducted on the basis of unwritten criteria and unclear procedures.

'Centre of life' policy
In 1995, the Interior Ministry introduced the 'centre of life' policy. Palestinians with Jerusalem IDs were required to prove continuous residency in Jerusalem by submitting documents to demonstrate that they actually resided in the city for the previous seven years. The burden of having to prove the individual's 'centre of life' in Jerusalem is placed on the Palestinian. The requirements to prove the 'centre of life' are so detailed that even persons who never left the city have difficulties meeting them.

The following elements are part of the 'centre of life' policy:

The policy of ID Card confiscation accomplished the contrary as between 20,000 and 30,000 residents of the suburbs returned to live in Jerusalem. Others returned to fictitious addresses. The result was that at the end of 1997, the Ministry decided to slow down implementation. In 1999, it announced that it would no longer revoke the residency rights of East Jerusalem residents who had transferred their 'centre of life' outside the city boundaries on condition that the validity of their exit card had not expired. However, the demands for documentation verifying a person's 'centre of life' by the Interior Ministry and the National Insurance Institute continuous despite announcements to stop this policy. As a result of these requirements, many residents of East Jerusalem are still unable to benefit from many of their rights and have their residency status threatened.

2. Family unification
Jerusalem residents married to persons who are not Israeli residents or citizens must apply for family unification in order to live legally in the city. The application is being checked on 'centre of life', security and criminal record. It can take years before the applicant receives a decision to his or her application. When the applicant receives approval, a process of five years starts. Every year both the applicant as well as the one for whom the applicant applies have to show all the requested documents and the application is checked on the above three issues. During the first two years the person receives a so-called B1 permit, which means that the person can stay, but has no residency rights. After two years the person receives a temporary residency permit. After five years one receives a permanent residency permit.

This policy severely affects family life, the right of a couple to live together, and the right of children to live with their parents. Many families are divided because of this policy. Family unification for Jewish families is an automatic right.

3. Child Registration
A child born to parents of whom only one is a resident of East Jerusalem does not receive an identity number. After birth, the parents receive only a form titled 'notification of live birth'. To receive an identity number, the parents must submit a 'request to register a birth' and submit to this request proof that the 'centre of life' is in Jerusalem. It is estimated that there are currently at least 10,000 children residing in East Jerusalem who are not registered.

Without a Jerusalem ID number, Palestinian children are denied some basic rights. A child must have his/her birth registered in order to be recognised by the state. By denying or restricting registration, the state can effectively disclaim their rights to any benefit or service, including access to and provision of education, health care and others. It is estimated that up to 23.6 percent of children are unable to register at government schools in East Jerusalem.

Practices when applying for services
Palestinian Jerusalemites have for long complained about the inhuman conditions to which they are exposed by the office of the Ministry of the Interior. The conditions contradict existing Israeli laws and strongly contravene with the internationally acknowledged standards pertaining to the respect of economic and social rights and the principles of equality and impartiality.

The Palestinian residents are exposed to mistreatment and arbitrary procedures of the staff of the office. They are repeatedly and exaggeratedly asked to report in comparison with the requests made by staff to Israelis in West Jerusalem. Israeli residents receive certain services through mail, which is not the case for Palestinian residents. When requested to appear in the offices, Israelis are never requested to show any documents to prove their residency or citizenship. Palestinians, on the contrary, are requested to provide innumerable documents to prove their 'centre of life' in the city.

In many cases, people have had to queue up from the preceding night. In addition to the long hours of queuing, people have complained about the stinging summer sun or the biting cold winter wind. In many cases, when their turn comes, the guard declares the termination of the working hours and people are forced to go home again without having gained access to the office. Misleading or absent information has often been related to granting public services. As a result, Palestinians have often lacked information on required fees, the type of documents they should enclose with their application or the working hours, which are in the morning in contrast to the West Jerusalem offices that remain open in the afternoon. Furthermore, Hebrew is the only language used most of the time, although Arabic is the second official language in Israel. Many Palestinians do not understand Hebrew, which makes the communication with the Ministry a frustrating process. They have to use application documents without being able to understand the contents.

A comparison between the Interior Ministry offices in East and West Jerusalem:

Despite legal pressure, promises and intentions to improve services in the office in East Jerusalem, until today in practice almost nothing changed yet.