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The Committee on the
Elimination of Racial Discrimination (CERD)
reviewed Israel's policies of
institutionalized discrimination and
apartheid against the Palestinians in Israel
and in the Occupied Palestinian Territories
(OPT), and called upon Israel to ensure
equality for Jews and Palestinians,
including in the implementation of the right
of return to one's country and in the
possession of property.
CERD repeatedly expresses
concerns about Israeli policies inside
Israel and in the OPT citing Article 3
of the International
Convention on the Elimination of All Forms
of Racial Discrimination, in which states
particularly “condemn racial segregation and
apartheid and undertake to prevent, prohibit
and eradicate all practices of this nature
in territories under their jurisdiction.”
The Committee notes that
implementation of the International
Convention of the Elimination of All Forms
of Racial Discrimination is impeded by
Israeli actions which change the demographic
composition of the OPT, i.e. population
transfer. In this context, the committee
lists a number of concerns about segregation
and apartheid practices in the OPT, such as
the construction of the Wall and its
associated regime, Jewish colonies, sever
restriction on the freedom of movement,
unequal distribution of water resources, and
home demolition. The Committee also
expresses concern at the Israeli affirmation
that two separate legal regimes exist in the
OPT; one applying to Israelis and one
applying to Palestinians. CERD urges Israel
to ensure that Palestinians in the OPT enjoy
full rights under the Convention without
discrimination based on citizenship.
CERD characterizes as
segregation Israel's policy of maintaining
separate “Arab and Jewish sectors” in the
areas of education, health and housing, and
the lack of access to public services and
state land of Palestinian citizens of
Israel. The Committee further calls for the
right to equality of all citizens, which
does not exist in Israel, to be enacted as a
general norm of high status in domestic law.
The Committee also expresses
its concern that the mandate of Israeli
para-statal institutions such as the Jewish
National Fund and the World Zionist
Organization, and the Israeli Land
Administration, are managing land, housing
and services exclusively for the benefit of
the Jewish population, and called upon
Israel to ensure that these bodies are bound
by the principle of non-discrimination in
the exercise of their functions.
The Committee calls upon
Israel to “guarantee the right of every
person within its jurisdiction to an
effective remedy... as well as the right to
seek just and adequate reparation...” and to
hold accountable the perpetrators of acts of
racial discrimination or acts committed with
racial motives, particularly settler
violence.
To read the committee full
report, please see:
http://www.ohchr.org/english/bodies/cerd/docs/CERD.C.ISR.CO.13.pdf |