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Palestinians marking the 64 anniversary of al-Nakba (catastrophe) with protests, while Israeli security reacted with conducted arrests campaigns on May 15Palestinians marking the 64 anniversary of al-Nakba (catastrophe) with protests, while Israeli security reacted with conducted arrests campaigns on May 15Palestinians marking the 64 anniversary of al-Nakba (catastrophe) with protests, while Israeli security reacted with conducted arrests campaigns on May 15Palestinians marking the 64 anniversary of al-Nakba (catastrophe) with protests, while Israeli security reacted with conducted arrests campaigns on May 15Palestinians marking the 64 anniversary of al-Nakba (catastrophe) with protests, while Israeli security reacted with conducted arrests campaigns on May 15Palestinians marking the 64 anniversary of al-Nakba (catastrophe) with protests, while Israeli security reacted with conducted arrests campaigns on May 15Palestinians marking the 64 anniversary of al-Nakba (catastrophe) with protests, while Israeli security reacted with conducted arrests campaigns on May 15Palestinians marking the 64 anniversary of al-Nakba (catastrophe) with protests, while Israeli security reacted with conducted arrests campaigns on May 15Palestinians marking the 64 anniversary of al-Nakba (catastrophe) with protests, while Israeli security reacted with conducted arrests campaigns on May 15Palestinians marking the 64 anniversary of al-Nakba (catastrophe) with protests, while Israeli security reacted with conducted arrests campaigns on May 15

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On the occasion of the Palestinian catastrophe (Nakba), the Jerusalem Center for Social and Economic Rights publishes new data about the situation of human rights in Jerusalem since the Israeli occupation of the city in 1967. Today, the number of the Palestinian people in the world tolls 10.9 millions, nearly half of them lives in diaspora and refugee camps worldwide awaiting for the time of their return to their homes inside historical Palestine.

First: the legal status of Jerusalem

Under international law, East Jerusalem is part of the occupied territory, which means that the fourth Geneva Convention is applicable and Israel has no claim to East Jerusalem by virtue of having taken control of it militarily.

The international community has rejected Israel's claim to both West and East Jerusalem as its "eternal undivided capital'' and has consistently denounced Israeli attempts to change the status of the city.

On December 16, 1949 Israeli Prime Minister David Ben-Gurion announced that Jerusalem will become the capital of Israel as of January 1, 1950.

In 1948, 40% of the property of West Jerusalem belonged to Palestinians, 34% to the Waqf, Churches and the Government of Palestine, and only 26% belonged to Jews.

On June 27, 1967, the Israeli Parliament approved the draft law for the annexation of Jerusalem, in violation to article 47 of the fourth GC that forbids annexation of occupied territories.

The legal and Administrative Matters Law, 1968, came to complement the administration Ordinance (Amendment No. 11) Law of 1967 which laid the legal ground for applying the Israeli law and administration to East Jerusalem, was enacted. It aimed at ensuring that the annexed area and its population became subject to Israeli law. According to article 64 of the 4th GC, the occupying powershould not change the laws that are in effect in the occupied territory unless it is done in order to enable it to fulfill its IHL obligations, to maintain the orderly government of the territory, and to ensure the security of the occupying power.

On 30 July 1980, the Israeli government issued the Basic Law: Jerusalem, Capital of Israel, where article 1 stipulates that, ''Jerusalem, eternal and indivisible, is the capital of the state of Israel." However, the UN Security Council responded by issuing resolution 478 which "Affirms that the enactment of the "basic law" by Israel constitutes a violation of international law and does not affect the continued application of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, in the Palestinian and other Arab territories occupied since June 1967, including Jerusalem."

Moreover UNSC resolutions: 242, 252, 253, 254, 267, 298 and UN General Assembly resolutions: 2253 2254 do not recognize the illegal Israeli measures and practices in the Holy City and consider them as null and void.

Second: land and settlements:

Jerusalem suffers from a complicated housing system as a result of Israeli occupation policies whereby decreasing the Palestinian population in the City is an overarching objective. This can be noticed very clearly in the Municipality Master Plan 2000 which aims to "secure an absolute Jewish majority in the city by creating a framework to proceed with the development of the city of Jerusalem as a capital for the Jewish state and a seat for its government," and to achieve a long term goal which reflects the future vision for the city as conceived by the citys fathers.

According to Art. 53 of the IV GC "Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the Stat, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction absolutely necessary by military operations.

In order to make the annexation of East Jerusalem a matter of fact, the Israeli government gave explicit priority to controlling the land, mainly confiscating land for "public purposes'' under the 1943 (Land Acquisition for public purposes) Ordinances.

Since 1967, the Israeli government redrew the municipal boundaries of Jerusalem to include East Jerusalem and land adjacent to it in the West Bank. This is the area which came to be known as East Jerusalem.

Some 70,500 dunums (17,500 acres) owned exclusively by Palestinians, including the lands of 28 villages (excluding its inhabitants) annexed de facto to Israel. In this regard, on June 28, Israeli parliament (Knesset) decided to expand the boundaries of Jerusalem by 10 times. Jerusalem is now the biggest city in historic Palestine.

Two years after signing the Declaration of Principles between PLO and Israel, an Israeli inter-ministerial committee finalized a new large-scale development plan for a region covering 40% of the West Bank (the Metropolitan Jerusalem Plan). The Metropolitan Jerusalem measures 950 sq km, only 30 percent of which is within pre-1967 Israel.

Today only 7,000 dunums, or 10% of the land, are used by its Palestinian owners. Thirty five percent of this land was immediately confiscated by Israel for public purposes which were not disclosed, and was turned into Jewish settlements.

58% of land use was frozen by the municipalitys spot planning and zoning policy. (The spot zoning policy was the alternative for developing a policy statement which would translate into a planning map and regulations for the United City.

As a result, 23% remained unplanned areas; 17% remained in the planning process; 25% was planned (of which only 7.3% was allocated for residential construction in East Jerusalem) and 14% of this land was used for settlement roads.

15 Israeli settlements were built in East Jerusalem since 1967.

Some 200,000 Jewish settlers live in settlements locating in East Jerusalem.

By the 2015, the number of Jewish settlers in East Jerusalem and around it is projected to reach half million.

Third: the Palestinian population

Following its occupation of the city, Israeli occupation authorities conducted a census that counted 66,000 Palestinians living in East Jerusalem within the new municipal borders (22,000 in the area newly annexed by Israel). The census excluded all those who were not present during its conduct.

In 1973, the Israeli ministerial committee, known as "Gavni Commission" laid down the policy that the city's demographic balance must be maintained at a ratio of 70% Jews to 30% Palestinians.

In 2008, 65.1% of Palestinian families and 74.4% of Palestinian children in Jerusalem live under the poverty line.

In 2009, Jerusalems population stood at 774,000 with 488 Jews and 261 Arabs (34% of the entire population), according to statistics of the Israeli Central Bureau of Statistics, while the number is 382,041 living in Jerusalem Governorate according to estimates of the Palestinian Central Bureau of Statistics, including 237,301 living within the municipal borders.

By 2015, the Palestinian population within the Greater Jerusalem is expected to reach half million.

Fourth: housing and house demolition:

According to Art. 25 p.1 "Everyone has the right to a standard of living adequate for the health and well-being of himself and for his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control."

Moreover, Art. 11 p. 1 of the International Covenant on Economic, Social, and Cultural Rights reads that "The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions."

Art. 49 of the IV GC, stipulates that "Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or that of any other country, occupied or not, are prohibited, regardless of their motive."

Israel imposes heavy restrictions on building permits for Palestinians in East Jerusalem.

Palestinians in Jerusalem require over 2000 housing units per year to cope with their rate of population growth, yet the Municipality issued only 18 construction permits in 2008, according to deputy mayor for East Jerusalem affairs Yakir Segev. However, among the 18 permits, one license was for building retaining walls for Yousfiyeh Moslem cemetery. This means that not all permits were issued for housing units for the Arab population of Jerusalem.

A fee of $25,000 - $30,000 for obtaining a building permit is imposed by the Jerusalem Municipality.

Palestinians applying for a building permit usually have to wait for a period between 5 - 10 years before obtaining construction permits. Approved permits by the Municipality account for %5 of all applications in Jerusalem.

In 2009, Jerusalem Municipality collected NIS 17,710,00 in construction fines, knowing that are thousands of Palestinians who are in debt for the Municipality and were not able to pay their fines because of their economic hardships.

Since 1967, the number of houses demolished in Jerusalem amounts to 9,000, while between the years 2000 and 2008 alone 837 Palestinians homes were demolished. Currently, there are over 20,000 outstanding demolition orders pending against Palestinians homes in occupied Jerusalem, including 657 in Silwan neighborhood alone, according to the Municipality data.

In December 1997, Israeli authorities established a special police unit in charge of securing the demolitions of Palestinian homes.

According to data available to JCESR, in 2009, Israel demolished 88 Palestinian homes which used to provide shelter to some 528 individuals and issued demolition orders against at least 1550 Palestinian apartments, which means that some 9300 Palestinians are living under the threat of displacement.

Amount of rent for an apartment in settlement enclaves in occupied Jerusalem reaches $400 while it is almost half the amount of rent in Palestinian neighborhoods.

In average, Israeli authorities demolish some 190 Palestinian homes in Jerusalem annually.

Fifth: residency rights

On July 5, 1950 Israeli Knesset passed the so called Law of Return which grants every Jew the right to return and obtain the Israeli citizenship.

According to Israeli Nationality Law of 1952, Jerusalemites were considered "permanent residents in Israel and not citizens.''

Article 11 (a) of the provisions of the Entry to Israel Law of 1952 stipulates that permanent residency is forfeited when its holder lives in a foreign country for seven years, which includes Palestinians living outside the municipal borders of Jerusalem as delineated by the Israeli authorities. In Israel, foreign spouses who are Jewish are automatically granted citizenship under the Law of Return.

In 2002, Israel adopted the Temporary Order Law, number 1813 on family reunification Nationality and Entry into Israeli Law, which stops Palestinians who do not have Israeli residency or citizenship from uniting with their spouses who have East Jerusalemite or Israeli citizenship status.

Due to clear discriminatory policies against Palestinians, JCSER estimates that dozens of thousands Palestinians are affected until 2009.

The number of Palestinians whose residency cards were revoked from the years 1967 to 2008 is estimated to be more 13,135.

According to Israeli attorney Lea Tsemel, 4000 IDs were revoked between 1967 and 1996.

The Israeli daily Yediot Ahronot, reported that the Israeli authorities had stripped 1,363 Palestinians of their Jerusalem residency in 2006, a %500 rise since 1985.

In 2008, Israeli Ministry of Interior revoked the residency status of 4,577 Palestinians of Jerusalem, including 99 minors, that is approximately half the number of residency revocation between 1967 and 2007.

Approximately 10,000 children are living in East Jerusalem without being registered in their parents' ID cards. The proportion of such children who cannot register at public schools or receive medical care due to their non registration is estimated to be %23.6.

On April 13, 2010, the Israeli occupation Order Regarding the Prevention of Infiltration (Amendment No. 2) entered into effect. It applies to Palestinians whom Israeli considers to reside illegally. According to the law any "infiltrator" in Jerusalem might be fined and sent to jail for 7 years.

Sixth: political rights

According to article 27 of the 4th GC, "Protected persons are entitled, in all circumstances, to respect for their persons, their honor, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity." According to article 75 of the 1st Additional Protocol, Palestinians under occupation should not be treated with distinction based upon race, color, sex, language, religion or belief, political or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria.''

However, Palestinians are banned by Israeli occupation from performing any political activities. On August 2, 2001, Israel shut down Palestinian official institutions such as the Orient House, the headquarters of the Palestinian negotiation team, despite Shimon Peres' letter to his then-counterpart, Norwegian Foreign Minister Johan Holst on October 11, 1993, in which he promised not to "hamper their activity" and to encourage their important mission.

On January 1, 2005 Israeli authorities passed a law to prohibit Palestinian National Authority from operating any official activity in occupied Jerusalem.

Although the number of Palestinians who have the right to vote in Jerusalem amounts to 66,599 in 2006, Israel allowed only 6300 to vote in the post offices in Jerusalem, on allegations that they cannot absorb more than that number.

On several occasions, Israeli authorities prohibited Palestinians in Jerusalem from organizing even culture activities on the pretext that they were sponsored by Palestinian Authority. For example, Israel's Minister of Interior ordered closed al-Hakawati Theatre in Jerusalem to ban Palestinian Festival of Literature which hosted writers from around the world and was supposed to be organized between May 23 and 28, 2009. Following the closure of the theatre both the French Cultural Theatre and the British Council hosted the opening and closing days of the festival.

Seventh: education in Jerusalem

There is a need for 1400 additional class rooms for students in Jerusalem.

Schools have poor infrastructure, with an average classroom density of 0.9 sq. meters per student (compared with an international standard of 1.25 - 2.0 sq. meters per student).

10,000 Palestinian students in East Jerusalem are not enrolled in the education system due to the short down of classes.

Most schools lack the healthy environment and supportive facilities, such as labs, libraries, playgrounds and computer labs. Most schools function in rented residential buildings, which were not originally designed to host schools and promote healthy academic environment.

The percentage of student drop out is 45-48%, at the Israeli administered government schools.

Of the 33,000 students and 2,000 teachers in East Jerusalem schools, as many as 6,000 pupils and more than 650 teachers face difficulties reaching their schools due to the Israeli Wall.

Psychological pressures due to the Segregation Wall and checkpoints affect the children's academic performance.

In 2007, Israeli High Court ordered Jerusalem Municipality to build 400 classrooms until 1011 with the average of 80 per year to overcome the shortage, but the municipality built one school only in Ras al-Amud. Nevertheless a second school is under construction in Silwan (Wadi Qadoum).

In 2008, Jerusalem Municipality spent NIS 577 for each Palestinian primary school student in East Jerusalem compared with NIS 2,372 for each Jewish student in West Jerusalem. In preschools, spending per student in West Jerusalem was 2.7 times that of East Jerusalem and in special education 2.5 times.

Eighth: the construction of segregation wall and closures

On March 28, 1993, the year that observed signing the Oslo accords, Israeli occupation authorities sealed Jerusalem before Palestinians of WBG.

On May 20, 2002 Israeli government decided to build the segregation wall around Jerusalem which is 730 km long and 8 meters high. However, on July 10, 2005 the Israeli government approved the track of the segregation wall around Jerusalem which will isolate 55,000 Palestinian holder of Jerusalem ID cards outside the wall.

On July 2004, the International Court of Justice (ICJ) in its advisory opinion on the Wall reiterated that East Jerusalem is an occupied territory, and called for the dismantling of the Wall, including the parts built in East Jerusalem.

However, upon the completion of the Wall in Jerusalem governorate, its total length will be 181 km. Only five kilometers of its completed length runs along the Green Line.

The Wall isolates Jerusalem from its geographic and strategic contact with the West Bank.

More than 15,000 Jerusalemites living in Qalandya and Kufr Aqab have been deprived from easy access to their work and markets in Jerusalem, especially after transforming the Qalandya military checkpoint into a semi-international crossing.

Approximately %40 of the Palestinians living in East Jerusalem have been cut off from the city by the Wall.

Members of %72.1 of the families were prevented from accessing their university / college for several days due to the Wall and closure of the area. In addition, members of %69.4 of families enrolled in basic / secondary education were forced to be absent from school.

In 94.7% of the families, the time consumed in moving through the checkpoints has been an obstacle for their members (94.5% inside the wall and 95.0% outside the wall).

On January 7, 2010, Yakir Segev who is in charge of East Jerusalem Portfolio in Nir Barkat Muncipality announced that the segregation wall was built for demographic reasons "to remove 55,000 Arabs from Jerusalem."

Moslems and Christian from West Bank cannot visit freely their holy shrines. Special permits are needed, however they are very difficult to obtain.

Sixth: our center response

JCESR, which was established in 1997, is a leading human rights center in monitoring and documenting Israeli violations of Palestinian human rights in Jerusalem; providing legal assistance and representation; conducting researches on social and economic issues and raises public awareness.

In 2009, JCESR provided legal representation for 67 cases distributed as follows:

Construction fines

National insurance benefits

Arnona Tax

Family re-unification

Registration of children

Miscellaneous

31

9

13

10

1

3

Total

67

In the same year, JCESR provided legal consultancies to 1050 Palestinians of Jerusalem. They were distributed as follows:-

Month

Construction fines

National insurance benefits

Arnona Tax

Family re-unification

Registration of children

Miscellaneous

Jan. & Feb. & March.

67

24

57

34

5

5

April

24

9

17

16

4

7

May

22

10

25

16

5

7

June @ July

62

19

48

19

20

16

Aug.

30

13

36

21

-

3

Sept.

25

11

23

19

-

5

Oct.

41

10

42

12

-

6

Nov.

34

10

27

10

-

5

Dec.

`54

14

45

12

-

4

Total

359

120

320

159

34

58