A/HRC/12/48
page 58
has recognized that Israel’s application of a “Jewish nationality” distinct from Israeli citizenship
institutionalizes discrimination that disadvantages all Palestinians, in particular, refugees.60
208. In 2007, the Committee on the Elimination of Racial Discrimination highlighted another
discriminatory policy imposed by the Israeli authorities on Palestinian residents of the Occupied
Palestinian Territory as well as those who are Israeli citizens (but denied a legal “nationality”
status).61 The “Citizenship and Entry into Israel Law (Temporary Order)” of 31 May 2003 bars
the possibility of granting Israeli citizenship and residence permits in Israel, including through
family reunification, to residents of the Occupied Palestinian Territory. The Committee noted
that such measures have a disproportionate impact on Arab Israeli citizens who marry
Palestinians from the Occupied Palestinian Territory and wish to live together with their families
in Israel. While noting the State party’s legitimate objective of guaranteeing the safety of its
citizens, the Committee expressed concern about the fact that these “temporary” measures have
systematically been renewed and have been expanded to citizens of “enemy States”.62
209. Since 1967, about 750,000 Palestinians have been detained at some point by the
Government of Israel, according to Palestinian human rights organizations. Currently, there are
approximately 8,100 Palestinian prisoners in Israeli prisons and detention centres, roughly 550 of
whom are administrative detainees.63 Administrative detention is detention without charge or
trial, authorized by an administrative order rather than by judicial decree. The conditions of
Palestinians in Israeli detention facilities have been the subject of considerable international
criticism, including concerns of torture and other ill-treatment. Palestinian detainees can
normally be visited only by first-degree relatives (see chapter XXI). However, following Hamas’
seizure of full control in the Gaza Strip in June 2007, the Israeli authorities suspended visits from
family members travelling from Gaza to Palestinian detainees in Israel, depriving more than
900 detainees of direct contact with their relatives.64
National Fund, to control most of the land in Israel, since these institutions are chartered to benefit Jews exclusively.
[…] large-scale and systematic confiscation of Palestinian land and property by the State and the transfer of that
property to these agencies constitute an institutionalized form of discrimination because these agencies by definition
would deny the use of these properties to non-Jews. Thus, these practices constitute a breach of Israel's obligations
under the Covenant.” (E/C.12/1/Add.27, para. 11).
In its 2003 review, the Committee on Economic, Social and Cultural Rights also observed with particular concern
that “the status of ‘Jewish nationality,’ which is a ground for exclusive preferential treatment for persons of Jewish
nationality under the Israeli Law of Return, granting them automatic citizenship and financial government benefits,
thus resulting in practice in discriminatory treatment against non-Jews, in particular Palestinian refugees.”
(E/C.12/1/Add.90, para. 18).
60
The “Or” Commission, a panel appointed by the Israeli Government in 2000, found that Arab citizens suffer
discrimination in Israel and levelled criticism at the Government for failing to give fair and equal attention to the
needs of Arab citizens of Israel. See its full report at: http://elyon1.court.gov.il/heb/veadot/or/inside_index.htm (in
Hebrew).
61
62
CERD/C/ISR/CO/13.
Mission’s Public hearings, Geneva (7 July 2009). Testimony of Ms. Sahar Francis, Director of Addameer,
available at: http://webcast.un.org/ramgen/ondemand/conferences/unhrc/gaza/gaza090707am1eng.rm?start=00:00:00&end=00:47:46
63
64
A/63/518.
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