Jerusalem
For centuries,
Jerusalem has been the geographical, political, administrative and
spiritual center of Palestine. It is, in all regards, the symbol of
Palestinian nationality and identity. An acceptable agreement on Jerusalem
is a necessary condition for the establishment of a just and lasting
peace in the Middle East.
In the
trauma arising from the establishment of the state of Israel in Palestine
and the ensuing hostilities, Jerusalem, the capital of the Palestine
mandate, was divided, its Western half falling under Jewish control
and its Eastern half under Jordanian control. In the 1967 war, Israel
occupied the Gaza Strip and the West Bank, including East Jerusalem.
Shortly afterwards, the government of Israel illegally expanded the
municipal boundaries of Jerusalem to 71 square kilometers. Approximately
6 square kilometers had previously been part of the Jordanian municipal
limits. The remaining 65 square kilometers had belonged to 28 Palestinian
villages. In most cases, the agricultural land of these villages was
annexed to Jerusalem while the populated areas were excluded.
The redefinition
of the municipal boundaries is a classic example of ethnic gerrymandering.
The purpose of this new configuration of municipal Jerusalem was to
include the maximum contiguous territory with the minimum Palestinian
population in the city's boundaries. Israel then extended its domestic
laws to the territory included within the municipal boundary, thereby
annexing that territory in all but name.
As has
been repeatedly acknowledged by the United Nations Security Council
and virtually all national governments, East Jerusalem, like the rest
of the West Bank and Gaza Strip, is occupied territory. Israel's extension
of its domestic laws and regulations to East Jerusalem is therefore
illegal. These and other efforts to change the status of Jerusalem-including
Israel's declaration of Jerusalem as Israel's capital-have received
universal condemnation. A long line of United Nations Security Council
resolutions, specifically U.N SC Resolution 252, express the international
consensus in this regard.
In order
to bring Jerusalem under Israel's exclusive control, the Israeli government
adopted three interrelated sets of policies after 1967 which have
been systematically pursued: the creation of exclusively Jewish settlements
in Jerusalem; the instigation of discriminatory practices against
the Palestinian residents of Jerusalem; and the closing of Jerusalem
to the Palestinian population of the rest of the West Bank and the
Gaza Strip.
In the
first decision of the Israeli Ministerial Committee on Jerusalem,
established after the 1967 war, the Committee decided to create and
preserve a 76:24 (Israeli: Palestinian) demographic ratio in Jerusalem.
In order to accomplish this ratio, the Israeli government encouraged
Israeli Jewish immigration into the city through the establishment
of Israeli settlements and the provision of good quality housing,
jobs, and services. It also located much of this new Jewish housing
on the eastern and Palestinian side of the city while not locating
any Palestinian housing in the Israeli side of the city. At the same
time, the government devised an array of legalistic measures to restrict
building by the Palestinian population of Jerusalem.
Israel
also began the construction of Jewish settlements (and a massive road
network to serve them), which now form a ring around the entire northern,
eastern, and southern perimeter of the city. The settlements form
two rings around the city: the first, consisting of ten settlements
in Palestinian East Jerusalem, isolates East Jerusalem from its West
Bank hinterland, while the second, outer ring of 20 settlements splits
the West Bank into northern and southern halves. In 1967 there were
no Israeli settlers in East Jerusalem. Today, there are over 180,000
in the expanded borders of the municipality. The presence of these
settlers is illegal according to international law, as the Fourth
Geneva Convention prohibits the transfer of the population of an occupying
power into occupied territory.
Moreover,
since 1967, the Israeli government and the Jerusalem municipality
did almost nothing to equalize the level of services to the Palestinian
part. To the contrary, the discrimination against Palestinians in
Jerusalem that followed was striking. For instance, although Palestinian
Jerusalemites contribute 26% of the municipal tax revenue, only five
percent of this revenue is spent in Palestinian neighborhoods.
At the
time of the 1967 war, nearly all of the land in East Jerusalem and
the surrounding villages was Arab private or communal property. Discriminatory
zoning policies made it extremely difficult for Palestinian owners
to build on the vast majority of their land, keeping Palestinian lands
in East Jerusalem empty until they could be expropriated for the construction
of exclusively Jewish housing.
Since
1967 Israel expropriated more than 33 percent of East Jerusalem's
land area from Palestinians. Another 54 percent of the land owned
by Palestinians has been set aside for "public purposes."
Palestinians in East Jerusalem can therefore live and build on only
13 percent of their land. In addition, the issuance of building permits
to Palestinian for the remaining land was largely barred. Palestinians
who, lacking any other alternative, built without permits have been
subject to forced evictions and home demolitions.
Since
March 1993, Israel has enforced a closure on Jerusalem, isolating
Jerusalem from the West Bank and Gaza Strip and eliminating free access
to Jerusalem by Palestinians from the West Bank and Gaza Strip. Any
Palestinian residing in the West Bank or Gaza Strip wishing to enter
Jerusalem must use a temporary permit that is extremely difficult
to obtain. This closure policy has resulted in the denial of hundreds
of thousands Christian and Muslim West Bank and Gaza Palestinians
access to their holy sites in Jerusalem, even during religious holidays.
It has also isolated Jerusalem, an important economic, transportation
and cultural center, from the rest of the West Bank.
The Security
Council has repeatedly declared that all measures taken by Israel
to change the geographic, demographic and historical character and
status of Jerusalem are null and void and must be rescinded as stipulated
in UN Security Council Resolution 252. Despite the international community's
repeated declarations condemning and deploring such measures as violations
of international law, in particular the Fourth Geneva Convention,
Israel has not desisted from carrying out these practices.
Thirty-three
years of Israeli occupation have thus transformed the Palestinian
residents of Jerusalem into a persecuted people in their own city-with
vastly insufficient lands, without rights, without security. Now the
government of Israel seeks to use the permanent status negotiations
to turn the "facts on the ground"-as determined by bulldozers
and discriminatory legislation-into a justification for its claim
of sovereignty over the occupied city. It wishes to establish its
claim to the land of East Jerusalem and has attempted to seize it
from the indigenous Palestinian population and sever Palestine from
its geographical, political and spiritual center.
The
Palestinian Position
The Palestinian
position on Jerusalem is straightforward: