It also does not account for all human rights abuses in these areas, including rights abuses committed by Palestinian authorities or armed groups, which Human Rights Watch has covered extensively elsewhere. [443] Multi-story buildings, about 90 percent built without a permit, according to a municipal council employee involved in inspections,[444] have been constructed on land reaching up the barrier, taking up virtually all the area available for public spaces, and contributing to population density. 8), 5771-2011, (unofficial translation), https://www.adalah.org/uploads/oldfiles/Public/files/Discriminatory-Laws-Database/English/12-Admissions-Committees-Law-2011.pdf (accessed June 10, 2020); Israel: New Laws Marginalize Palestinian Arab Citizens, Human Rights Watch news release, March 30, 2011, https://www.hrw.org/news/2011/03/30/israel-new-laws-marginalize-palestinian-arab-citizens. [746] Statistics on Expropriaion [sic] in East Jerusalem, BTselem. [642] Later that year, Israeli authorities established the Jewish moshav, or cooperative village, of Tzipori on Safuriyyas lands. The Israeli government has also carried out discriminatory seizures of land inside Israel. Hava Bachar, Nazareth Illits general manager, told Human Rights Watch in 2020 that 26 percent of the citys residents today are Palestinian, many from Nazareth, which she attributes to the fact that Nazareth and other nearby [Palestinian] towns do not have space to grow.[685] Bachar noted that the municipality was not about to give away land to these communities, given our ambition to reach 100,000 citizens and suggested instead that Israel build a new city for Arab citizens.[686] Bachar noted that the city is bringing in Jewish families to settle in order to ensure it stays Jewish.[687], Despite moving, many Nazarenes who live in Nazareth Illit maintain a center of life in Nazareth. ; Addameer, On Administrative Detention, July 2017, http://www.addameer.org/israeli_military_judicial_system/administrative_detention (accessed June 4, 2020). See Gaza case studies in Systematic Domination and Inhumane Acts and Other Abuses of Fundamental Rights sections. [799] Gisha, Disengagement Danger: Israeli Attempts to Separate Gaza from the West Bank, Briefing paper, February 2006,https://bit.ly/2Y3B7ZF (accessed April 3, 2020), citing a letter from Avi Biton, Office of the Coordinator of Operations in the Territory, November 17, 2004 and Kachlut v. West Bank Military Commander, States Response, HCJ 5504/03, February 25, 2004, para. [515] Israel MFA, Security Cabinet Declares Gaza Hostile Territory, September 19, 2007. [571] See Intent to Maintain Domination section. [336] About Ariel, Ariel Municipal Website, https://www.ariel.muni.il/english/8/ (accessed September 1, 2020). Human Rights Watch conducted most of the interviews that are included in this report individually, in Arabic or English. 46, 53-54; Oren Ziv, In Pictures: The airport That No One Takes Off from Anymore, (Hebrew), Local Call, April 18, 2020, https://bit.ly/2MClz8C (accessed June 4, 2020). Adalah, Excerpts from the Jewish National Funds Response to H.C. 9205/04 and H.C. 9010/04, December 9, 2004, https://www.adalah.org/uploads/oldfiles/eng/publications/makan/hc9010.pdf (accessed June 1, 2020). They took it little by little, he said. [364] Palestinian Central Bureau of Statistics (PCBS), Estimated Mid-Year Population of Qalqiya Governate, 2017-2021 (Arabic), http://www.pcbs.gov.ps/Portals/_Rainbow/Documents/QalqiliyaA.html (accessed April 4, 2021). The right to live in Israel or the OPT is guaranteed to them under international human rights law, alongside the options of integration in place or resettlement elsewhere. Israel maintains a two-track citizenship structure that treats Palestinians unequally as compared to Jews. [200] Prepare the Constitutional Ground for the Application of Sovereignty, Sovereignty journal, Issue 1, January 2014, http://ribonut.co.il/images/Ribonut%202%20English.pdf (accessed June 1, 2020), p. 7. [824] Beinin, Was the Red Flag Flying There? The decades-long peace process has neither significantly improved the human rights situation on the ground nor altered the reality of overall Israeli control across Israel and the OPT. [719] In some cases, the authorities declared as state land parcels on which Palestinian landowners had paid taxes to the Jordanian authorities, a hallmark of ownership at the time. [541] Although Gazas power plant became operational in 2002, it has operated at only partial capacity, in part as a result of several Israeli aerial attacks, and Gaza remains almost completely dependent, as the Israeli Supreme Court put it in 2008, on Israel for its supply of electricity, either directly or indirectly. A Palestinian woman said she lived for four years in a Jerusalem neighborhood inside the separation barrier apart from her husband, who is from Hebron and has been unable to get permits to enter Jerusalem. 7, No. Read breaking news for Waynesboro, VA, weather, traffic, crime, sports, entertainment, politics, and more. [168] Within Palestinian communities, the plan, by its own terms, enables a densification of the rural villages and densification and thickening of the existing urban neighborhoods.[169], When delineating Jerusalems municipal boundaries in 1967, authorities primarily focused on, as the Israeli rights group BTselem puts it, demographic concerns, chief among them to leave out densely populated Palestinian areas in order to ensure a Jewish majority in Jerusalem.[170] Israel, in total, added 72 square kilometers, including land that belonged to 28 surrounding West Bank villages, to the Jerusalem municipality. 16) at 52, U.N. Doc. Israel: Dont Outlaw Family Life, Human Rights Watch news release, July 27, 2003, https://www.hrw.org/news/2003/07/27/israel-dont-outlaw-family-life. [153] In June 2019, then Transportation Minister Bezalel Smotrich said that I intend to Judaize the Galilee and lay down a network of roads, to complete a revolution, so that hundreds of thousands of Jews will come to live in the Galilee.[154] The month before, the JNF announced its aim to bring 1.5 million residents to the Negev and Galilee by 2040. [758] See Intent to Maintain Domination and Systematic Oppression sections. Since they seized the West Bank on June 7, 1967, Israeli authorities have ruled over the entire territory. During this time, she had to raise their three children alone, in order to maintain a center of life in the city and thereby her residency. [572] Israel reserves the first path, return, exclusively for Jews. Ahmed Benchemsi contributed to the development of the accompanying multimedia piece, among others. The authorities have zoned large sections of Palestinian towns and villages for agricultural use or as green areas, prohibited residential building in them, and built roads and other infrastructure projects that impede expansion. [637] Nazareths population increased in the aftermath of the events of 1948, as it absorbed more than 5,000 Palestinians who had been displaced from nearby villages and prevented from returning to them. [776] Human Rights Watch, Separate and Unequal. [576] In an August 2020 Knesset hearing, government officials acknowledged investigating the circumstances around the granting of citizenship to about 2,600 people and said that they had concluded that about 500 of them had been granted citizenship by mistake, although they claimed to have reestablished the citizenship of 362 of them via an expedited process.[577]. In the OPT, many of these abuses amount to inhumane acts, one of the three elements of the crime of apartheid, including: Separately from the inhumane acts carried out in the OPT, the Israeli government has carried out abuses against Palestinians within Israel, including: Carried out pursuant to long-standing policies and practices of the Israeli government, these acts dispossess many Palestinians, bar some from entering their places of origin, block others from leaving it, forcibly separate families, and wreak havoc on the lives of many more. [668] Jonathan Cook, Welcome to Nazareth.". [678] Human Rights Watch phone interview with Khalil Haddad, June 3, 2020. [357] Ariel Settlement Fact Sheet, BTselem, updated July 17, 2012, https://www.btselem.org/settlements/20100830_facts_on_the_settlement_of_ariel (accessed June 4, 2020). [398] According to BTselem, authorities demolished 786 homes in East Jerusalem during this period, leaving 2,561 Palestinians displaced. Demographic considerations, in particular the quest for a strong Jewish majority, have long underlined Israeli government policy. 101 Order Regarding Prohibition of Incitement and Hostile Propaganda Actions, August 1967, arts. [102] Yuval Yoaz, Eiland Proposes Citizenship Limitations for Palestinians, Haaretz, March 3, 2005, https://www.haaretz.com/1.4760697 (accessed June 1, 2020). [792] Israel Continues to Harm the Right of Palestinians to Family Life: The State Persists in its Refusal to Examine Family Unification Requests Submitted by Palestinian Residents of the Occupied Territories, HaMoked, June 17, 2018, http://www.hamoked.org/Document.aspx?dID=Updates1997 (accessed May 3, 2020). [548] Israel has also restricted the entry of solar panels and batteries, hampering efforts to develop alternative energy sources that would give Gaza a degree of energy autonomy. On her way back, during transit via the West Bank from Jordan, she contemplated staying. Cease all security coordination with the Israeli army that contributes to facilitating the crimes of apartheid and persecution in the OPT. [834] Nadeem Shehadeh and Bill Van Esveld (Human Rights Watch), For Israels Palestinian Citizens, an Issue Unsettled, commentary, GlobalPost, March 30, 2012, https://www.hrw.org/news/2012/03/30/israels-palestinian-citizens-issue-unsettled; Harriet Sherwood, Return to Iqrit: How One Palestinian Village is Being Reborn, The Guardian, May 15, 2013, https://www.theguardian.com/world/2013/may/15/return-iqrit-palestinian-village-israel (accessed June 14, 2020); Also see Zochrot, Iqrit, https://zochrot.org/en/village/48985 (accessed June 17, 2020). [754] More than 371,000 Palestinians live in East Jerusalem,[755] while an estimated 300,000 Palestinians reside in Area C.[756] Israel exercises complete control over planning procedures and construction in these areas and effectively prevents building outside built-up areas, constituting less than one percent of Area C and 15 percent of East Jerusalem (8.5 percent of the Jerusalem municipality), which are in many cases already densely populated,[757] in order to maximize Jewish Israeli control over the land as documented in previous chapters of this report. [430], Israeli authorities have also since the building of the barrier effectively stopped regulating construction. ; Also see BTselem, State-backed settler violence Blog, March 2020, https://www.btselem.org/settler_violence_updates?type=All&date_from=&date_to=&location=204109 (accessed June 4, 2020). ; Algazy, Nazareth Rejects Another Raw Deal for Its Future, Haaretz; Human Rights Watch phone interview with Ramiz Jaraisy, May 5, 2020. [539] Unemployment rates in Gaza have for some time hovered around 50 percent and are higher for young people and women. Israeli authorities long used that to apply to Palestinian homes in West Jerusalem. II. Israeli authorities designate Palestinians from East Jerusalem as permanent residents, the same status afforded to a foreigner who moves to Israel. [219] The armys Procedure for Settlement in the Gaza Strip by Residents of Judea and Samaria, published in 2018, states that [i]n 2006, a decision was made to introduce a policy of separation between the Judea and Samaria Area and the Gaza Strip in light of Hamas rise to power in the Gaza Strip. A future rooted in the freedom, equality, and dignity of all people living in Israel and the OPT will remain elusive so long as Israels abusive practices against Palestinians persist. Gaza relies principally on the Coastal Aquifer, which runs along Israels coast and the Gaza Strip and is accessible inside Gaza via wells, as its sole water source. 2021. [140] Sikkuy, Development of the Negev and Galilee For Jews Only? Policy Paper, July 2005. http://www.sikkuy.org.il/wp-content/uploads/2020/07/Negev-Galilee-23.08-2.pdf (accessed July 14, 2020). Many European and other states have built close ties with Israel, while supporting the peace process, building the capacity of the PA, and distancing themselves from and sometimes criticizing specific abusive Israeli practices in the OPT. The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), which was adopted in 1965 and came into legal force in 1969, defines racial discrimination as any distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.[46] The Committee on the Elimination of All Forms of Racial Discrimination (CERD), the UN body charged with monitoring the implementation of the ICERD, has consistently found that members of racial and ethnic groups, as well as groups defined based on descent or their national origin, face racial discrimination. The report draws on years of research and documentation by Human Rights Watch and other rights organizations, including fieldwork conducted for this report. ; Sabri Jiryis, "The Land Question in Israel." She told Human Rights Watch that my boys get so happy when they see planes in the skyI cant imagine their reaction when they see the planes they love firing missiles and bombs. [308] While approving virtually all requests for Israeli-proposed projects to serve settlers, the JWC has rejected many Palestinian-initiated projects, including all requests to drill in the Western Aquifer Basin. Emphasis added. Annexation expanded the boundaries of the city that Israeli authorities consider the countrys capital, but also brought more Palestinians into an area that authorities treat as part of its sovereign territory. Both UNRWA and UNHCR recognize descendants as refugees on this basis, a practice that has been widely accepted by the international community, including both donors and refugee hosting countries.). Human Rights Watch field visit and interviews with two Bruqin municipality officials, February 18, 2020. By contrast, according to Peace Now, Israeli authorities began construction on more than 23,696housing units between 2009 and 2020in Israeli settlements in Area C. Transfer of an occupying powers civilian population to an occupied territory violates the Fourth Geneva Convention. [547] In addition, authorities periodically restrict, sometimes punitively and other times over disputes in payments, the amount of industrial fuel it allows to be purchased for the plant, which the plant needs to operate. [419] Ir Amim, The Separation Barrier, http://www.ir-amim.org.il/en/issue/separation-barrier (accessed June 4, 2020). Her fiancs family has encouraged her to stay without status in the West Bank, but she is unwilling to take that risk. [125] Following a lawsuit brought by rights groups though, Israeli authorities have allowed non-Jews to use JNF land on condition that, if sold to them, the ILA will compensate JNF with land of equal value elsewhere. The State of Palestine acceded to the Rome Statute in 2015. [337] BTselem and Kerem Navot, This Is Ours And This, Too, p. 40. [330] West Bank Roads on Which Israel forbids Palestinian Vehicles, BTselem, updated January 31, 2017. [754] Human Rights Watch, Separate and Unequal. [469] Human Rights Watch phone interview with Moien Odeh, May 7, 2020. [521] WHO, Medical Equipment in Gazas Hospitals: Internal Management, the Israeli Blockade and Foreign Donations, July 2009. http://www.emro.who.int/images/stories/palestine/documents/pdf/Medical_equipment_in_Gaza_EB_reportJuly09.pdf (accessed June 4, 2020), pp. [565] See Inhumane Acts and Other Abuses of Fundamental Rights section. [107], Israeli authorities have also since 1967 effectively controlled the population registry in the West Bank and Gaza Strip, recording every Palestinian birth, marriage, divorce, address change, and death. Israel restricts all travel between Gaza and the West Bank, despite its having recognized the two to be part of a single territorial unit,[697] even when the travel takes place via the circuitous route through Egypt and Jordan rather than through Israeli territory. [699] Kafarne v. Defense Minister, HCJ 495/12, State Response of August 16, 2012, para. [467] Moien Odeh email to Human Rights Watch, June 25, 2020. See Inhumane Acts and Other Abuses of Fundamental Rights section. Human Rights Watch phone interview with Sally Azzam, June 2, 2020. Urge for the European Commission, the European External Action Service and EU member states to take the steps outlined above and requestthe EU High Representative and the Commission to keep the Parliament informed about next steps. (accessed January 23, 2012). At a minimum, businesses should cease activities that directly contribute to the commission of the crimes of apartheid and persecution. [669] Algazy, Nazareth Rejects Another Raw Deal for Its Future, Haaretz; Human Rights Watch phone interview with Musab Dukhan, April 28, 2020. [94] Tovah Lazaroff, Peres: Settlement Building Threatens Jewish State, Jerusalem Post, July 10, 2012, https://www.jpost.com/Diplomacy-and-Politics/Peres-Settlement-building-threatens-Jewish-state (accessed June 1, 2020). [368] Israel CBS, Population and Density Per Sq. [278] BTselem, State-Backed Settler Violence, November 11, 2017, https://www.btselem.org/settler_violence (accessed June 4, 2020). [796] The Israeli Supreme Court opted in 2019 not to force the army to end its freeze, following a challenge by the Israeli rights group HaMoked. [597] Since 1948, the government has authorized the creation of more than 900 Jewish localities in Israel,[598] but none for Palestinians except for a handful of government-planned townships and villages in the Negev and Galilee, created largely to concentrate previously displaced Bedouin communities. [150], In December 2007, Minister for the Development of the Negev and Galilee Jacob Edery, reflecting on new demographic data, said, We have to do everything we can to boost Jewish population in the Galilee.[151] In 2011, the Israeli Knesset passed a law permitting towns in the Negev and Galilee with up to 400 households to maintain admissions committees that can reject applicants from living there for being not suitable for the social life of the community or for incompatibility with the social-cultural fabric.[152] The laws sponsors openly spoke about how the law would facilitate the creation and maintenance of Jewish-only communities. [97] UNRWA appeals for US$1.5 billion to support Palestine refugees in 2021, UNRWA press release, February 11, 2021, https://bit.ly/37Be9NK (accessed February 23, 2021). [550] In 2017 and 2018, Gaza averaged 6.2 hours per day of electricity; that figure increased to 12 in 2019, largely due to Israel permitting Qatar to purchase fuel for use in Gaza through Israeli vendors. In 2018, Israeli authorities granted citizenship to 363 of the 1,012 Palestinians who applied that year. 667, https://www.icty.org/x/cases/blagojevic_jokic/tjug/en/bla-050117e.pdf (accessed May 12, 2020). To maintain the domination of Jewish Israelis over Palestinians, Israeli authorities have carried out over many years a range of serious abuses. Palestinians are also entitled to protection of their safety and fundamental rights. These practices stem from a decades-long pattern of using excessive and vastly disproportionate force to quell protests and disturbances, at great cost to civilians. [552] Abier Almasri (Human Rights Watch), In Gaza, We Get Four Hours of Electricity a Day If Were Lucky, commentary, Los Angeles Times, August 20, 2017, https://www.hrw.org/news/2017/08/20/gaza-we-get-four-hours-electricity-day-if-were-lucky. [174], The newly-annexed area included 66,000 Palestinian residents, 24 percent of the new municipalitys population. [772] Between 50,000 and 200,000 of them fled to Jordan during the 1967 War. The Interior Ministry has revoked this status from at least 14,701 Palestinians since 1967, mostly for failing to prove a center of life in the city. [767], These coercive policies affect many more Palestinians living in these areas, who face demolition orders and the prospect that authorities could at any time raze their homes. [770] Peace Now, Policy of Palestinian dispossession in the Jordan Valley and Northern Dead Sea, Factsheet, 2017, https://peacenow.org.il/wp-content/uploads/2017/04/JordanValleyEng.pdf (accessed June 15, 2020). Subject all EU and member states bilateral agreements, cooperation schemes, and all forms of trade and dealing with Israel to enhanced due diligence to screen for those directly contributing to the commission of crimes of apartheid and persecution of Palestinians, mitigate the human rights harms and, where not possible, end the activities and funding found to directly contribute to facilitating these serious crimes. [141] Israel CBS, Arab population by Natural Region 2018, https://www.cbs.gov.il/he/publications/doclib/2019/2.shnatonpopulation/02_06e.pdf (accessed June 1, 2020). Israeli law considers all buildings in these unrecognized villages to be illegal, and authorities have refused to connect most to the national electricity or water grids or to provide even basic infrastructure such as paved roads or sewage systems. [402], The Jerusalem municipality in 2013 allocated only 10.1 percent of its municipal budget for projects and spending in Palestinian neighborhoods, according to the Israeli rights group Ir Amim, despite Palestinians making up about 37 percent of the citys population at the time and paying taxes. Israels earliest plans for the West Bank, including an unofficial plan initially drafted in July 1967 by then-Labor Minister Yigal Allon, envisioned Israeli control over the Jordan Valley and other parts of the West Bank. ; Jerusalem Institute for Policy Research, Kufr Aqab: Abstract, p. V. [450] Human Rights Watch phone interview with Munir Zghayyar, May 17, 2020; Jerusalem Institute for Policy Research, Kufr Aqab: Abstract.. [256], Discrimination also pervades every aspect of the criminal law and detention system. [599] Less than 3 percent of all land in Israel falls under the jurisdiction of Palestinian municipalities, where the majority of Palestinian citizens live, according to a 2017 estimate by Israeli and Palestinian groups. [119] Israel Land Authority, About Us, https://land.gov.il/en/Pages/AboutUs.aspx (accessed June 1, 2020). The plan calls for increasing the number of Jews in the Galilee, noting that large sections of the Galilee have a Jewish minority, in order to solve the problem of Arab territorial continuity.. [385] The freeze puts the land of Palestinians who had not registered it by 1967 at risk of confiscation and also makes it difficult for them to obtain building permits. The commission of crimes against humanity can serve as the basis for individual criminal liability not only in the domestic courts of the perpetrator country but also in international courts and tribunals, as well as in domestic courts outside the country in question under the principle of universal jurisdiction. However, restrictions that do not seek to balance human rights such as freedom of movement against legitimate security concerns by, for example, conducting individualized security assessments rather than barring the entire population of Gaza from leaving with only rare exceptions, go far beyond what international law permits. [135] Human Rights Watch, Separate and Unequal: Israel's Discriminatory Treatment of Palestinians in the Occupied Palestinian Territories (New York: Human Rights Watch, 2010), https://www.hrw.org/sites/default/files/reports/iopt1210webwcover_0.pdf, p. 35; Preliminary Approval for Settlement Division Bill, Peace Now press release, June 13, 2018, https://peacenow.org.il/en/preliminary-approval-settlement-division-bill (accessed June 1, 2020). [244], Israeli authorities apply in parallel different bodies of laws to Palestinians and Jewish Israelis. The reference in the Apartheid Convention to policies and practices of racial discrimination as practiced in southern Africa indicates that oppression must reach a high degree of intensity to meet the requisite threshold for the crime . [5] Between 1949 and 1966, Israeli authorities placed most of the Palestinians who remained within the borders of the new state under military rule, confining them to dozens of enclaves, requiring them to obtain permits to leave their enclaves, and severely restricting their rights.[6]. After several months in Lebanon, he said his family managed to cross back into Israel before Israeli forces tightened border controls and blocked refugees from returning. A military base for years and home to a hotel, the site falls within the municipality of Nazareth Illit, despite its location in the center of Nazareth, meaning Nazareth Illit receives the taxes based on the facilities there. Balkees Jarrah, associate director of the International Justice Program, Bill Van Esveld, associate director in Human Rights Watchs Childrens Rights Division, Elisa Epstein, Washington advocacy officer at Human Rights Watch, Felix Horne, senior researcher with Human Rights Watchs Environment and Human Rights Division, and Joseph Amon, consultant for Human Rights Watch, among others, also edited parts of the report. [528] In addition, authorities have acknowledged taking into account considerations relating to manufacturing capabilities, as well as supply and demand in the relevant markets.[529] Israeli authorities, for example, forbid the marketing of many fruits and vegetables from Gaza in the West Bank and Israel. [789] HaMoked, Ceased Residency: Between 1967 and 1994 Israel revoked the residency of Some Quarter Million Palestinians from the West Bank and the Gaza Strip, June 12, 2011, http://www.hamoked.org/Document.aspx?dID=Updates1175 (accessed May 3, 2020). 94-96. [631] Israel CBS, Population and Density Per Sq. Many of these abuses, including categorical denials of building permits, mass residency revocations or restrictions, and large-scale land confiscations, have no legitimate security justifications; others, such as the extent of restrictions on movement and civil rights, fail any reasonable balancing test between security concerns and the severity of the underlying rights abuse. [434] Ir Amim, Displaced in Their Own City, p. 46. [249] The Association for Civil Rights in Israel (ACRI) found in a 2014 report that since the 1980s, all Israeli citizens brought to trial before the military courts were Arab citizens and residents of Israel. [250], The application of dual bodies of laws has created a reality where two people live in the same territory, but only one enjoys robust rights protection. As described in the report, international criminal courts have over the last two decades evaluated group identity based on the context and construction by local actors, as opposed to earlier approaches focused on hereditary physical traits. Not in Issawiya, January 12, 2020, https://www.english.acri.org.il/post/__147 (accessed June 4, 2020). From 1967 until the early 2000s, Israeli policy towards the occupied Gaza Strip mirrored its approach to the West Bank, maximizing control over the land, privileging the more than 7,500 settlers who lived there,[211] and subjugating the Palestinians of Gaza. The 1950 Law of Return, which guarantees Jews the right to immigrate to Israel and gain citizenship, defines Jew to include a person who was born of a Jewish mother, embracing a descent-based, as opposed to a purely religious, classification. Jewish Israelis living in all parts of Jerusalem also vote in both municipal and national elections. [692] Rome Statute, art. [411] Kufr Aqabs municipal council formally serves the part of the town outside Jerusalems municipal boundaries, but, in practice, also engages residents in the Jerusalem part. [170] East Jerusalem, BTselem, updated January 27, 2019, https://www.btselem.org/jerusalem (accessed June 1, 2020). [530] While there is a wider variety of produce that can be sold from Gaza in the West Bank, Israeli authorities only in practice permitted, as of March 2021, the sale of eggplants and tomatoes to the Israeli market. [801] Order Regarding Prevention of Infiltration, No. [836] Residents have continued to seek to return, but the government has continued to block them, claiming in the 1960s, for example, that return would constitute a security risk. For years, they generally permitted Palestinians to venture up to six nautical miles off the coast, though subject to frequent fluctuations; for a short period in 2019, they extended the limit to 15 nautical miles, though at other times barred access entirely. In fact, some Israeli officials and parties advocated positions that, if implemented, could have avoided such policies. Share this via Printer, Download the Summary and Recommendations in French, Appendix I: Letter from Human Rights Watch to Israel Prime Minister, Israeli Authorities and the Crimes of Apartheid and Persecution. Jerusalem Institute for Policy Research, Kufr Aqab: Abstract.. The army requires Palestinian ID holders, with narrow exemptions, to apply to the Israeli army for time-limited permits to enter significant parts of the West Bank, [702] including East Jerusalem, the seam zone between the separation barrier and the Green Line which covers more than 184,000 dunams,[703] and areas controlled by settlements and the army, while allowing Israelis and foreigners to move freely among these areas, as well as to Israel, without permits. These laws often are not discriminatory on their face, using proxies to mask discriminatory intent, even as in some cases officials extoll the demographic logic. Most significantly, Israel bans Palestinians living there (with only narrow exceptions) from leaving through the Erez Passenger Crossing it controls and instituted a formal policy of separation between Gaza and the West Bank, despite Israel having recognized within the framework of the Oslo Accords these two parts of the OPT as collectively forming a single territorial unit. The generalized travel ban, which has remained in place since 2007 and reduced travel out of Gaza to a fraction of what it was two decades ago, is not based on an individualized security assessment and fails any reasonable test of balancing security concerns against the right to freedom of movement for over two million people. [473] Israel controls Gazas territorial waters and airspace and has blocked the building of an airport and seaport, significantly complicating efforts to travel abroad. [732] Dror Etkes, director of Kerem Navot, email to Human Rights Watch, July 4, 2020; Kerem Navot, Israeli Settlers Agriculture as a Means of Takeover in the West Bank.. Municipal planners between 1991 and 2018 approved only 9,536 building permits for Palestinians, while approving 48,201 in Jewish neighborhoods of Jerusalem, including 21,834 in settlements. [154] Transportation minister: I intend to Judaize the Galilee, World Israel News, June 20, 2019, https://worldisraelnews.com/transportation-minister-i-intend-to-judaize-the-galilee/ (accessed June 1, 2020). [7] In the occupied Gaza Strip, Israel withdrew its ground troops in 2005, but continues to exert substantial control through other means. More than 700,000 Palestinians fled or were expelled from their homes and more than 400 Palestinian villages were destroyed in events around the establishment of the Israeli state in 1948. [473] See Gisha, 50 Shades of Control, June 2017, https://gisha.org/UserFiles/File/publications/50_Shades/50_Shades_Of_Control_EN.pdf (accessed June 4, 2020). [855] Palestinian men over 35 and women over 25 from the West Bank and Gaza married to Israeli citizens or residents can apply for temporary, renewable visitor permits, but authorities have denied many of those applications. To sustain Jewish Israeli control, Israeli authorities have adopted policies aimed at mitigating what they have openly described as a demographic threat that Palestinians pose. [416] Yesh Din, Petitions to Halt Construction of Illegal Structures Near the Settlement Kochav Yaakov and Annul the Declaration of Kafr Aqab Land as State Land, July 19, 2018, https://www.yesh-din.org/en/petition-to-halt-construction-of-illegal-structures-by-the-settlement-of-kochav-yaakov-hcj-650509-barkat-et-al-v-the-minister-of-defense-et-al/ (accessed June 4, 2020); Michael Sfard, Yesh Din legal advisor, email to Human Rights Watch, May 8, 2020. In light of the decades-long failure by Israeli authorities to rein in serious abuses, the International Criminal Courts Office of the Prosecutor should investigate and prosecute individuals credibly implicated in the crimes against humanity of apartheid or persecution. [616] In addition, according to Sikkuy, not a single Palestinian municipality has a government hospital, university, military base, or government administrative buildings in it. [460] The municipality increased the budget following the suit,[461] but Odeh, the lawyer who filed it, said that the collection schedule still does not meet the needs of residents, who often resort to burning their trash. [731] In addition, the Israeli rights group Kerem Navot estimates that more than 40 percent of the roughly 55,000 dunams of land outside the jurisdiction of settlement municipalities, that settlers use for agricultural activity, is acknowledged to be private Palestinian land.[732]. Stay on top of the news all day with the Tribunes web notifications. [54] Jacob Magid, Supreme Court Bans Extreme-right Gopstein and Marzel from Elections, Times of Israel, August 26, 2019, https://www.timesofisrael.com/supreme-court-bans-extreme-right-gopstein-and-marzel-from-election-race/ (accessed March 20, 2021); Israeli Court Bars racist Candidates from September Poll, France 24, August 26, 2019, https://www.france24.com/en/20190826-israeli-court-bars-racist-candidates-from-september-poll (accessed March 20, 2021). Severe abuses of fundamental rights make up the crime against humanity of persecution when carried out with discriminatory intent. Philippe Bolopion, deputy director of global advocacy, Akshaya Kumar, director of crisis advocacy, and Bruno Stagno, chief advocacy officer, led the development of the recommendations in the report. AFS was a file system and sharing platform that allowed users to access and distribute stored content. [55] Israel Ministry of Foreign Affairs (MFA), Law of Return 5710-1950, July 5, 1950, https://mfa.gov.il/mfa/mfa-archive/1950-1959/pages/law%20of%20return%205710-1950.aspx (accessed June 1, 2020). 18-40, https://www.jstor.org/stable/41804801?seq=1 (accessed July 23, 2020); Don Peretz, Israel and the Palestine Arabs (Washington DC: Middle East Institute, 1958) pp. All classifieds - Veux-Veux-Pas, free classified ads Website. [120] Keren Kayemeth LeIsrael Law, 5714-1953 (1953), available at https://www.adalah.org/uploads/oldfiles/Public/files/Discriminatory-Laws-Database/English/05-Jewish-National-Fund-Law-1953.pdf (accessed June 1, 2020). [799] Most entered the West Bank on temporary permits, which have long since expired. [579] Israel: Family Reunification Ruling Is Discriminatory, Human Rights Watch news release, May 17, 2006, https://www.hrw.org/news/2006/05/17/israel-family-reunification-ruling-discriminatory; Adalah, Ban on Family Unification - Citizenship and Entry into Israel Law (Temporary Order), https://www.adalah.org/en/law/view/511 (accessed June 4, 2020); Jonathan Lis, Israeli Legislator Invokes Nation-state Law in Bid to Block Palestinian Family Unification, June 2, 2020, https://www.haaretz.com/israel-news/.premium-israeli-legislator-invokes-nation-state-law-in-bid-to-block-palestinian-family-unifi-1.8890451(accessed June 4, 2020); Adalah, Nationality and Entry Into Israel Law (Temporary Order) (Amendment) 2005, https://www.adalah.org/uploads/oldfiles/features/famuni/lawBill27jul05.pdf (accessed June 4, 2020). 2. Diakonia, a Swedish development organization, provided a legal memorandum addressing legal issues related to the report. [16] Netanyahu Says West Bank Annexation Plans Still On the Table, Al Jazeera English, August 13, 2020, https://www.aljazeera.com/news/2020/08/netanyahu-west-bank-annexation-plans-table-200813183431066.html (accessed September 17, 2020); Benjamin Netanyahu (@netanyahu), August 13, 2020, Twitter, https://twitter.com/netanyahu/status/1293967614113447936?lang=he (accessed December 24, 2020). [670] In a 2017 report, the Arab Center for Alternative Planning calculated that Nazareth received less than 30 percent of the per capita non-residential taxes, which largely stem from taxes on businesses and government properties, of Nazareth Illit. [98] These policies create a reality where a Jewish citizen of any other country who has never been to Israel can move there or to a West Bank settlement and automatically gain citizenship, while a Palestinian refugee expelled from his home and languishing for more than 70 years in a refugee camp in a nearby country cannot move to either Israel or the OPT. [679] Dukhan, the municipal council official, said that, as of April 2021, the difference in the number of students per classroom between Nazareth and Nazareth Illit had risen to at least 10 and, in some cases, up to 20. Without Gaza, the demographic ratio of Jews to Palestinians between the river and the sea shifts from about 50-50 to a 59-41 Jewish majority. [188] See Allon, Israel: The Case for Defensible Borders,Foreign Affairs. In 2018, Human Rights Watch interviewed the Aamer family, Mas-ha residents who own about 400-500 dunams of land about two kilometers from their house, but now located beyond the barrier and inside Elkana. Avi Issacharoff, Israeli Officials Confirm Palestinian Authority is Ending Security Coordination, Times of Israel, May 21, 2020, https://www.timesofisrael.com/israeli-officials-confirm-palestinian-authority-has-ended-security-coordination/ (accessed August 4, 2020); Amira Hass, The Palestinian Authority is Harming Its Own People in the Name of National Pride, Haaretz, August 3, 2020, https://www.haaretz.com/israel-news/.premium-in-the-name-of-national-pride-the-palestinian-authority-is-harming-its-own-people-1.9040489 (accessed August 4, 2020). Find stories, updates and expert opinion. These practices stem from a decades-long pattern that has changed little since the outbreak of the first Palestinian Intifada in 1987 of using excessive force to quell protests and disturbances, at great cost to civilians. Theres a need for the existence of a Jewish state.[100] He later added that authorities had a correct and important intention of Israel being a Jewish state with a massive Jewish majority and that we must do everything so that this state remains a Jewish state in the future.[101] Giora Eiland, national security advisor at the time, who served on a committee in 2005 examining immigration policies, conceded that the Citizenship Law is the way to overcome the demographic demon.[102] Then-finance minister Benjamin Netanyahu put it more directly during discussions over renewing the law: Instead of making it easier for Palestinians who want to get citizenship, we should make the process much more difficult, in order to guarantee Israels security and a Jewish majority in Israel.[103] Eli Yishai, while serving as minister of interior affairs, said in 2012 that approving a larger number of family unification applications from the West Bank would constitute national suicide.[104], In practice, the Interior Ministrys policies and practices have long aimed at ensuring Jewish Israeli demographic control. 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