On 9th March 2007, the UN Committee on the Elimination of All Forms of Racial Discrimination (CERD) issued its Concluding Observations following its review of Israel`s compliance with the Convention.
CERD is the UN body of 18 independent experts that monitors implementation of the Convention against racial discrimination by State parties. In February 2007, Israel appeared before the Committee for the first time in nine years, and provided information about its efforts to combat discrimination. The Association for Civil Rights in Israel (ACRI), as well as a number of other Israeli, Palestinian and international NGOS, provided the Committee with additional information on areas of concern regarding Israel`s implementation of the Convention. Numerous issues raised by ACRI appear in CERD`s conclusions.
In its conclusions, the Committee notes with concern that the Citizenship and Entry into Israel Law (Temporary Order) of 2003 suspends the possibility of granting Israeli citizenship and residence permits in Israel, including through family reunification, to residents of the Occupied Territories, except in limited and discretionary exceptions. “Such measures have a disproportionate impact on Arab Israeli citizens wishing to reunify with their families in Israel. While noting the State party’‘s legitimate objective to guarantee the safety of its citizens, the Committee is concerned that these “temporary” measures have systematically been renewed.”
The Committee recommends that Israel “revoke the Citizenship and Entry into Israel Law (Temporary Order), and reconsider its policy with a view to facilitating family reunification on a non-discriminatory basis. The State party should ensure that restrictions on family reunification are strictly necessary and limited in scope, and are not applied on the basis of nationality, residency or membership of a particular community”.
In addition, the Committee expressed concern about the relocation of inhabitants of unrecognized Bedouin villages in the Negev to planned towns. The Committee recommended that Israel “enquire into possible alternatives to the relocation of inhabitants of unrecognized Bedouin villages in the Negev to planned towns, in particular through the recognition of these villages and the recognition of the rights of the Bedouins to own, develop, control and use their communal lands, territories and resources traditionally owned or otherwise inhabited or used by them.” It also recommended that Israel “enhance its efforts to consult with the inhabitants of the villages and notes that it should in any case obtain the free and informed consent of affected communities prior to such relocation.”
With regard to the rights of migrant workers in Israel, the Committee recommended that Israel should make all efforts to ensure the full implementation of its laws prohibiting the withholding of passports of migrant workers, prohibiting employment agencies from collecting fees from migrant workers, and allowing migrant workers to change employers without losing their work permit. The Committee further encouraged Israel to ratify the International Convention on the protection of the rights of all migrant workers and members of their families.
Concerning the Occupied Territories, the Committee was concerned at Israel’‘s assertion that it can legitimately distinguish between Israelis and Palestinians in the Occupied Territories on the basis of citizenship. It reiterated that the Israeli settlements are illegal under international law. The Committee also recommended that Israel ensures that Palestinians enjoy full rights under the Convention without discrimination based on citizenship and national origin.
According to the Committee, the Separation Barrier and its associated regime “raise serious concerns under the Convention, since they gravely infringe a number of human rights of Palestinians residing in the territory occupied by Israel. These infringements cannot be justified by military exigencies or by the requirements of national security or public order.”
The Committee voiced deep concern over the severe restrictions on the freedom of movement in the Occupied Territories targeting a particular national or ethnic group, especially through the Separation Barrier, checkpoints, restricted roads and permit system, which have created hardship and have had a “highly detrimental impact on the enjoyment of human rights by Palestinians, in particular their rights to freedom of movement, family life, work, education and health.” The Committee recommended that Israel should “review these measures to ensure that restrictions on freedom of movement are not systematic but only of temporary and exceptional nature, are not applied in a discriminatory manner, and do not lead to segregation of communities.” Israel should “ensure that Palestinians enjoy their human rights, in particular their rights to freedom of movement, family life, work, education and health.”
The Committee noted with concern “the application in the Occupied Territories of different laws, policies and practices to Palestinians on the one hand, and to Israelis on the other hand.” It was concerned by information about the disproportionate targeting of Palestinians in house demolitions. The Committee reiterated its call for a “halt to the demolition of Arab properties particular in East Jerusalem and for respect for property rights irrespective of the ethnic or national origin of the owner.”
The Committee was also concerned by “the persistence of violence perpetuated by Jewish settlers, in particular in the Hebron area.” The Committee recommended that Israel increase its efforts to protect Palestinians against such violence. Israel should ensure that such incidents are investigated in a prompt, transparent and independent manner, are prosecuted and sentenced, and that avenues for redress are offered to the victims.
ACRI welcomes CERD`s Concluding Observations on the issues that we are seeking to advance as representing an important tool for our work at the national level to combat racial discrimination in Israel and the Occupied Territories.
last updated : 11/03/07
