Table of Contents
Introduction
Chapter 1: Evolution of Israeli Policy on
Jerusalem
1.1 National Policies for Jerusalem
1.2 Municipal Government Policies in
Jerusalem
Chapter 2: Geographic Integrity
2.1 Land Control
2.2 Land Confiscation
2.3 Blocking Palestinian Development
2.4 Settlement Construction
Chapter 3: Demographic Superiority
3.1 Encouraging Jewish Immigration
3.2 Attacks on Palestinian Residency Rights
Chapter 4: Legitimization of Sovereignty in
Purpose and Practice
Conclusions
Last September, Israel, under
cover of darkness and armed guard, opened the second entrance to
the Hasmonean tunnel. In doing so, they directly undermi-ned the
sanctity of both Moslem (the Haram al Sharif) and Christian (the
Via Dolorosa) holy sites in the city. When the Palestinian
National Authority (PNA) and the international community appealed
to the Likud govern-ment to reseal the tunnel's new entrance, the
new right wing government flatly refused. Israeli Prime Minister
Benjamin Netanyahu was reported to have compared the request to
close the tunnel with a request to the American government to
dismantle the Washington monument. Revealed in the Prime
Minister's remarks is the underlying Israeli perception of
Jerusalem as an ex-clusively Israeli-Jewish city. According to
this percep-tion, Israeli sovereignty in the city and the sole
right of Israel to make decisions about the city's future are
be-yond question. Although the Prime Minister's remarks give the
impression that this perceived right extends from time
immemorial, Israel's current stranglehold over the holy city has
been the result of a carefully planned and scrupulously enacted
Israeli policy to secure exclu-sive control in Jerusalem.
Since 1967, Israel's objectives in
Jerusalem have been to establish irreversible and exclusive
control over the holy city. Policy decisions were made on the
city's futu-re in the aftermath of the 1967 war which have been
systematically pursued over the last twenty-nine years.
On the national and municipal
level, Israeli policy ma-kers have consistently sought to
implement strategies which would ensure Israel's physical
domination of the city while minimizing dissent from within and
from ab-road. Policies have been developed and implemented in
order for Israel to create geographic integrity and demographic
superiority in favor of a Jewish Jerusalem. Concomitant with
their actions on the ground, Israel has run a pervasive public
relations campaign design-ed to secure national and international
legitimacy for both their practices in East Jerusalem and their
sole so-vereignty over the whole of the city. They have
succee-ded in altering the geographic and demographic lay-out of
the city and made tremendous strides in promo- ting their actions
as a legitimate part of the democratic governing of the city. The
acceleration of Israeli actions since the signing of the Oslo
accords, and particularly since the election of Benjamin
Netanyahu demonstrate that the Israeli government considers the
issue of Jeru-salem closed. Furthermore, the dearth of public
protest and the ease with which the general public accepts the
conversion of East Jerusalem into exclusively Jewish developments
indicate that the Israeli government has been successful in
legitimizing their actions, at least at home. If current Israel
plans are brought to fruition, the final status of Jerusalem will
have been settled long be-fore the Palestinians arrive at the
negotiating table.
Chapter 1: Evolution of Israeli Policy on Jerusalem
In the 1996 Israeli elections, the
party platforms of Me-retz, Labour, Yisrael b'Aliyah, Likud, the
N.R.P. and Moledet all call for Jerusalem to remain a
"united" city under Israeli sovereignty. All evidence
suggests a broad consensus in Israel supports the dominant vision
of Jeru-salem as the "eternal and undivided capital."
All Israeli governments since Levy Eshkol have pursued policies
which would ensure Israel's continued hold on all of Je-rusalem.
While Labour and Likud have differing opinions on the overall
philosophy of land for peace, both par-ties categorically regard
Jerusalem, as defined by the 1967 boundaries, as an integral part
of the Jewish state. Israeli policies on Jerusalem were clearly
defined imme-diately preceding the 1967 war and have been
careful-ly and consistently implemented by subsequent natio-nal
and municipal governments ever since. Consistent with Zionist
strategies in the pre-state period, as well as strategies in the
in the rest of the Occupied Territories, Israeli policy in
Jerusalem has evolved over the past 29 years out of a perceived
need to establish irreversible facts which would cement their
claim to the city.
The principle of a
"unified" Jerusalem under exclusive Is-raeli control
pre-dates the conquest of East Jerusalem in 1967. In the
aftermath of the 1948 war, the Israeli go-vernment took immediate
action to consolidate their hold on West Jerusalem and lay the
foundations for the eventual conquest of the East. Speedy
political maneu-vers were made to legitimize control of the West.
A rapid series of resolutions and legislation ratified by the
Knesset in 1949 and 1950 revealed Israeli intentions for the
city. The Knesset rejected all calls for internationali-zation
after the war and declared that "Arab aggres-sion"
invalidated their obligation to implement the parti-tion plan. On
2 February 1949, Ben Gurion declared that Israeli-held Jerusalem
was no longer occupied territory but an integral part of the
state of Israel. However, in an important distinction, Ben Gurion
expressed a willing-ness to establish the UN sanctioned corpus
separatum over the Old City. The seemingly magnanimous
gestu-re on Ben Gurion's part represented a clear desire to
delegitimize Jordan's hold over the Old City while at the same
time removing Israel's own territorial acquisitions from debate.
After insisting on the
unrestricted exercise of exclusive sovereignty over West
Jerusalem, Israel then accelera-ted the process of making
Jerusalem its capital. In 1950, the Knesset formally declared
Jerusalem to be the ca-pital of the Jewish state - retroactive to
the date of the declaration of independence-, and began the hasty
process of transferring all government ministries from Tel Aviv.
By July of 1953, all government ministries, including the Foreign
Ministry had been moved to Jerusalem. These early unilateral
maneuvers on the part of the Isra-elis to preempt any discussion
over their control over the Western part of the city, in
retrospect, can be vie-wed as harbingers of Israel's treatment of
East Jerusa-lem once captured in 1967.
The situation after the 1948 war
was clearly viewed as temporary by many key figures in Israeli
politics. In a 1949 address to the Knesset, Ben Gurion proclaimed
that
"We cannot lend ourselves
to take part in the en-forced separation of Jerusalem, which
violates... the historic and natural rights of a people who
dwells in Zion."
The awkward configuration of the cease-fire lines large-ly drawn by Moshe Dayan attest to the perceived im-permanence of Jerusalem's boundaries. Despite the construction of the Givat Ram campus of the Hebrew University, Israel went to great lengths to maintain their presence on Mount Scopus relying on bi-weekly UN convoys to re-staff and re-supply the Israeli enclave. In 1965, newly elected Jerusalem mayor Teddy Kollek shel-ved plans for the construction of a new city hall to be located far away from the cease-fire lines. Kollek de-fended his decision on the grounds that "by staying on the frontier, we [are] giving expression to our faith in the eventual unification of Jerusalem." On the eve of the 1967 war, Rabbi Kook declared in his annual sermon celebrating Israeli independence that leaving the holy sites of the Old City in the hands of the "goyim" to be a sin. Israel persists in perpetuating the popular percep-tion of the defensive nature of the 1967 war. However, the speed with which East Jerusalem was captured by war reflects the long standing desire to "reunify" the city under exclusive Irule. After the 1967 war, the thrust of both policy and rhetoric over Jerusalem shifted from "reclamation" of the city's Eastern half to preservation of the lands taken by force of arms.
One of the first acts undertaken by the Israeli govern-ment after the city's conquest was to redefine the muni-cipal boundaries of Jerusalem. The Jordanian municipal boundaries, comprising 6,5 square kilometers, were ex-panded to include an additional 70,000 dunums. The drawing of the new municipal boundaries - now 71 square kilometers, was a classic example of racial ger-rymandering. The purpose of this new configuration of municipal Jerusalem was to include the maximum con-tiguous territory with the minimum non-Jewish popula-tion into the city's boundaries. That same principle used in determining the boundaries for the city, has defined Israel's treatment of East Jerusalem since 1967. Israeli policy in Jerusalem was developed and enacted with one goal in mind: to prevent any possible re-partition of the city by ensuring territorial integrity and a Jewish de-mographic majority. In the minds of Israeli decision ma-kers, national policy in regards to Jerusalem has been remarkably consistent.Differences between Labour and Likud exist in regards to emphasis, attitude and overall strategy. Nevertheless, when in power, both parties have pursued the physical annexation of East Jerusa-lem. Any perceived difference between the Labour and Likud positions vis-à-vis Jerusalem are erroneous, as both parties have been equally aggressive in ensuring that Israel maintain exclusive sovereignty over the city. At the national level, settlement plans or 'land for pea-ce' formulae have always treated the territory in and around Jerusalem as a non-negotiable part of Israel.
1.1 National Policies for Jerusalem
It was the Labour government of Levi Eshkol
which set the precedents for complete Israeli sovereignty over a
"united" Jerusalem. In a flurry of legislative
maneuvering similar to 1949, East Jerusalem was immediately
accor-ded a status different than that of the rest of the
Occu-pied Territories. On June 28, 1967 the Knesset amended the
law of 1950, which proclaimed Jerusalem as Israel's capital, to
reflect the newly defined municipal bounda-ries. This legislation
officially extended Israeli law to the Eastern part of the city,
an act which differentiates it from the rest of the West Bank. It
was clear from the standpoint of the Labour policy makers that
Israel did not consider itself an occupying power in East
Jerusa-lem. In the eyes of the Eshkol government, the
applica-tion of Israeli law to East Jerusalem was no different
than the application of Israeli law to any of the territory in
Israel which was not included in the 1947 United Nations
partition plan. This legislation set the precedent for the
difference between Labour and Likud in regards to the territories
as a whole, but also marked the begin-ning of a clear stance on
Jerusalem as an issue beyond negotiation.
The Allon plan outlines the Labour
party's settlement strategy toward the occupied territories.
Settlement ef-forts were to emphasize security, chiefly in the
Jordan Valley and Greater Jerusalem. The Allon plan also cal-led
for settlement of the highlands along the north-western portion
of the West Bank which was deemed strategically desirable for
settlement. Security and Jeru-salem were the two fundamental
aspects of the plan. Israeli settlement activity in the period
from 1967 to 1977 reflected the principles of the Allon plan,
with the no-table exceptions of Elon Moreh and Kiryat Arba. These
two exceptions, however, were more the result of politi-cal
pressure on the part of Gush Emunim than overall government
strategy. When Likud came to power in 1977, the settler
population of the West Bank was a mere (by today's numbers)
5,000. The settler population of East Jerusalem, however, was
already 150,000. The Allon plan demonstrates that Jerusalem, more
specifi-cally, Greater Jerusalem, including the Etzion Bloc, is
un-questionably part of Israel from the perspective of the
Israeli Labour party. Settlement of Greater Jerusalem was an
established national priority long before the as-cendance of the
Greater Israel philosophy to the Israeli mainstream.
The focus of the Likud
governments' overall settlement policy differed from Labour in
regards to differing posi- tions of land for peace. While
Labour's obsession lay in the preserving of a Jewish demographic
majority in the territories already in Israeli hands, Likud's
focus was on creating a demographic majority to hold more
territory. The subtle difference between these two ideologies was
clearly reflected in the differing settlement plans proffered by
the two parties. As previously stated, Labour settlement plans
were designed to "avoid swal-lowing to many Arabs",
when acquiring territory. Likud, however, felt the creation of a
Jewish majority a more viable solution than withdrawing from
captured terri-tory. Likud's settlement effort expanded to
include the whole of the "Land of Israel." The declared
objective of Likud's settlement strategy was to facilitate the
annexa-tion of the Territories into Israel by creating geographic
and demographic facts which would prejudice the status-quo in
favor of the Jewish state. Ariel Sharon, the chief architect of
Likud era settlements, sought to fragment the continuity of
Palestinian communities by settling hill-tops around all
Palestinian population cen-ters in the West Bank. Jerusalem was,
like Hebron, of special religious significance, but was in no
means re-garded having a separate status from the rest of the
Occupied Territories. Without question, there was signifi-cant
building in Jerusalem under the Likud govern-ments. All available
territory would be annexed into Greater Israel on the basis of a
religious-historical impe-rative. Nevertheless, the majority of
the Likud era set-tlement was confined to land expropriated in
the early 1970s and in accordance with plans approved by La-bour
governments. Jerusalem area settlements were no exception.
The Begin government did differ
from Labour in its wil-lingness to run the risk of international
criticism in bla-tantly pushing a united Jerusalem as the
official capital of Israel. It was under Begin that many
government offices were moved to areas in East Jerusalem. Most
prominent among these was the National Police Head-quarters. This
office was moved into a pre-existing buil-ding in Sheikh Jarrah
which the Jordanian government had intended for a hospital.
Furthermore, throughout the Camp David negotiations, Israel
repeatedly reitera-ted its stance that Jerusalem was an integral
part of the state. In July 1980, the Begin government ratified
the Basic Law on Jerusalem, declaring Jerusalem "whole and
united", and Israel's permanent capital, over which Israel
exercised exclusive sovereignty. In addition to codifying the
physical annexation of the lands conque-red in 1967, the Basic
Law also obligates the national government to give the city
preferential treatment in the allocation of resources and funds.
These actions led to international protest, including UN Security
Coun-cil Resolution 478 which declared the new Basic Law null and
void. However, international censure at the di-plomatic level had
little tangible effect in blocking set-tlement activity in
Jerusalem under Likud alignment go-vernments.
Despite the great hopes proffered
by the election of Labour in 1992 and the assumed promises
implicit in the Declaration of Principles signed on 13 September
1993 between the PLO and Israel, settlement construction and land
expropriations continued unchecked under the Rabin government.
Jerusalem was a prime target of this policy. Even prior to the
signing of the Oslo Accords, the Rabin government escalated the
battle for Jerusa-lem. In March of 1993, Prime Minster Rabin
imposed a general closure on the West Bank and Gaza Strip which
has effectively required all Palestinians to obtain special
permission to enter Jerusalem. The closure created a de facto
border between the population of the West Bank and the population
of Jerusalem. Oncethe Oslo ac-cords were ratified, particular
energy was focused on ensuring the future of Jerusalem would be
settled prior to the commencement of final status talks. Even
though the city was, ostensibly, included as a final status issue
and, therefore, negotiable, the Rabin government was always clear
on Jerusalem. On 18 June 1993, Rabin told the Knesset Foreign
Affairs and Defense Committees that "Palestinian Autonomy
will not include Jerusalem." Order 360 which supposedly
called for a freeze on set-tlement construction conveniently
excluded Jerusalem. In addition to supporting the construction of
new settle-ments such as Har Homa (see Appendix IV) and
sanc-tioning major expansions in Pisgat Ze'ev and the Grea-ter
Jerusalem area, the Rabin government, in coordina-tion with the
Jerusalem Municipal Planning Depart-ment, approved plans to
construct two major roads around Jerusalem designed to sever
Jerusalem from the Palestinian communities in the West Bank while
si-multaneously linking up with the Greater Jerusalem
sett-lements. The Rabin government's late construction poli- cies
are proceeding in the spirit of the plans announ-ced in 1990 when
Ariel Sharon was Housing Minister. During Rabin's tenure as Prime
Minister, housing policy in Jerusalem was clearly based on
eliminating the possibi-lity of a loss of Israeli sovereignty
over the annexed part of the city during the final status
negotiations.
The settlement strategy of the
Rabin/Peres government, called the Sheeves plan, was designed to
consolidate Israel's hold on select parts of the Occupied
Territories and Jerusalem in line with the final status
configurations provided for in the Allon Plan. By December of
1992, the Rabin/Peres government had formally approved the
Sheeves plan which carefully re-packaged govern-ment sponsored
settlements as national guidelines for public and private sector
investment in Israel. The plan essentially takes Israel and the
Occupied Territories as one unit and then classifies areas on the
map in accor-dance with government priorities for development.
This distinction allowed the Rabin/Peres government to claim they
had cut off direct government benefits to the settlements, while
channeling the money via grants to private development
initiatives. This distinction was sufficient for the US
government to reinstate the $10 bil-lion in loan guarantees.
Areas of national privilege, or Zone A, have the highest priority
and receive the lar-gest amount of national assistance. East
Jerusalem and the settlement in the Greater Jerusalem area are
all designated as Zone A according to the Sheeves plan.
In line with the tenets of the
Sheeves plan, Labour Mini-ster of Housing and Construction
Ben-Elizar described the settlement effort between 1992 and 1996
as the battle for the "destiny of Jerusalem." On May 4,
1995, Ben-Elizar announced that during the next five years
Is-rael will construct 30,000 housing units in Jerusalem
tar-geting mainly Shu'fat area, Airplane Hill and Har Homa (Jabel
Abu Ghaneim). Ben-Elizar repeatedly recom-mended massive
expropriations from Palestinian land owners in Beit Hanina,
Wallaje, Beit Safafa, Beit Sahour, Um Tuba etc. in order to
hasten the settlement process in advance of the final status
negotiations. It was clear government policy to limit settlement
activity "to the areas [the Israelis] were going to
keep", chiefly Jerusa-lem and the Jordan Valley. It appeared
that Labour viewed the inclusion of Jerusalem in the Oslo
negotia-tions as more of a bargaining chip than an actual item
for negotiation. Labour posture and settlement activity during
the negotiations seem to imply that the more "generous"
the territorial concessions in the West Bank, the more
restrictive the solution on Jerusalem. It see-med that Labour was
hoping to, in theory, trade East Jerusalem, possibly Greater
Jerusalem, for more conti-guous concessions on the West Bank.
Shortly after the election of Netanyahu, the settler ma-gazine Nekuda, released the text of an interview with Ya'ir Hirschfeld, one of the original architects of the Oslo accords. In the interview, Hirschfeld detailed understan-dings that he had reached while negotiating a final sta-tus agreement with the knowledge and consent of the Labour government. The agreement detailed an arran-gement for Jerusalem where the Israelis would enjoy re-cognized sovereignty in West Jerusalem and de facto sovereignty over East Jerusalem and the Old City. The Palestinian capital, to be called Al-Quds, as opposed to Jerusalem, would be located outside of the municipal boundaries of Jerusalem in Abu Dis. While a Palestinian flag would fly over the Haram al-Sharif, and Palestinians in East Jerusalem would have limited autonomy, effecti-ve sovereignty over Jerusalem would remain in Israel's hands. In a related article published in the Jerusalem Post, Labour MK Yossi Beilin confirmed Hirschfeld's ac-count of the final status agreements as being "a blue-print for a peace agreement in the future." This version of a final settlement clearly demonstrates that the La-bour government never had any intentions of making any real concessions over Jerusalem at any time during the Oslo process. Quite the contrary, as their settlement strategies attest, they were determined to secure as maximalist an interpretation of Jerusalem as possible before the negotiations were closed. Little more proof is required beyond the fact that the settler population of East Jerusalem grew from 148,000 to 200,000 during the first two years of the Rabin government. With the re-turn to power of the right wing, it seems apparent that there will be little left to negotiate for when and if the subject of Jerusalem is brought to the negotiating table.
The guidelines of the Netanyahu
government are very clear in regards to the final status of
Jerusalem. Jerusa-lem is the undivided capital of Israel and will
remain, forever, under sole Israeli sovereignty. In his victory
speech on June 2, 1996, Netanyahu declared that:
"We will keep Jerusalem
united under Israeli sove-reignty. I declare this here tonight in
Jerusalem, the eternal capital of the Jewish people which will
never be divided. The government will thwart any attempt to
undermine the unity of Jerusalem and will prevent any action
which is counter to Is-rael's exclusive sovereignty over the
city. The go-vernment will allocate special resources to speed up
building, improve municipal services and rein-force the social
and economic status of the Jeru-salem metropolitan area."
The expansion of existing settlements and the establish-ment of new ones in the Jerusalem area are a fore-gone conclusion for the Netanyahu government. In ad-dition to the opening of the Hasmonean Tunnel along the Haram al-Sharif, Netanyahu has linked the promised withdrawal from Hebron with a the closure of all Pale-stinian institutions in Jerusalem. Furthermore, as the dramatic increase in the number of housing demolitions in recent months affirms, Jerusalem's right wing munici-pality feels empowered by the presence of the Netan-yahu government. In the absence of international pressure, which does not appear forthcoming, or a na-tional crisis on the Palestinian front, it is clear that Netan- yahu has the resources and the political capital to ce-ment exclusive Israeli rule over East Jerusalem and to make the extension of Israeli control over all of Greater Jerusalem a fait accompli.
1.2 Municipal Government Policies
in Jerusalem
Strategies for ensuring Israel's objectives
on Jerusalem have been, by in large, developed and enacted on the
municipal level. While the national government of-fered
unconditional support, the municipality is the engine driving the
incorporation of East Jerusalem into Israel proper. Without
question, the architect of the Isra-eli master plan for Jerusalem
was former mayor Teddy Kollek. Using the principles of the early
Labour govern-ment as a mandate, the Kollek municipality pursued
planning policies intended to cut Greater Jerusalem off from the
West Bank and facilitate its easy annexation into Israel proper.
Official documents of the Jerusalem municipality and statements
maby the city's policy makers show that Jerusalem's urban
development was dictated by national considerations intended to
streng-then Israeli control in all parts of the city. In a letter
to former Mayor Kollek, written in 1975, Deputy Mayor Ye-shoshua
Atza stated that the "political national conside-rations
must be the cardinal one [in regards to plan-ning] and only then
the urban consideration." In addition to controlling the
land, demography became the cornerstone of planning in Jerusalem.
They city's growth and the preservation of the demographic
ba-lance among its ethnic groups was a matter decided by the
government of Israel. As he would proclaim at a later date,
Kollek saw his role very clearly. "I am see-ing to the
Jewish majority... that is why we are here, to see to [the Jewish
majority]." The impact of the poli-cies developed under his
administration, detailed in the coming sections, will demonstrate
his commitment to this goal. Kollek used his tenure in office to
cement an exclusively Israeli vision over the pre-1967 geographic
and demographic realities. It was his hand which draf-ted the
settlement and demographic policies being strategically carried
out until this day.
Former Mayor Kollek revealed his
intentions for the futu-re of Jerusalem within days after the
defeat of Jordan in 1967. On the very day of conquest, Kollek
approached Moshe Dayan and promised that he would personally
supervise the clearing of No Man's Land. The impetuous behind
these immediate actions was to start the pro-cess of
"creating facts" that would establish a perma-nent
Jewish presence in the Holy City. On the night of Saturday, June
10, after the armistice had been signed, the 619 inhabitants of
the Maghrebi Quarter were given three hours to evacuate their
homes. The historic quar-ter adjacent to the Wailing Wall was
demolished in or-der to create a huge plaza to accommodate the
pre-sumed influx of Jewish pilgrims. In this first brutal act,
former Mayor Kollek established a precedent for the re-mainder of
his long tenure in office. Plans and policies were developed from
the first years of the occupation designed to impose exclusively
Jewish facts in occu-pied Jerusalem at the expense of the
indigenous Pales-tinian population. Under the guise of protecting
the city from the dangers of re-division, Kollek enacted a long
series of policy initiatives designed to irreversibly integra-te
East Jerusalem into one city united under Israeli sove-reignty.
The operating perception of the Kollek municipality when they began to plan for a "re-united" city remai-ned one of siege. From their perspective, the aftermath of the 1967 war left the Palestinians with the upper hand in both numbers and the area of land in their pos-session. "It is necessary" claims former municipal planner Yisrael Kimchi, "to point out who [was] occupying who." Using maps drawn in 1968, Kimchi indicates how the Palestinians had encircled Jewish Jerusalem. Demo-graphy was a key element in the perceived imbalance between Jewish and "non-Jewish" residents of the city. Former mayor Kollek continually enunciated his con-cern about the growth of the Palestinian population in and around Jerusalem. Making the city more condu-cive to Jewish settlement was seen as the appropriate remedy to the situation. As the western side of the city was without any room available for expansion it was deemed necessary to look across the green-line. The Kollek administration viewed the events of 1967 as ope-ning up new possibilities on what was termed as "com-pletely vacant land owned by Jews or Arabs from out-side [or] the [Jordanian] government." With the back-ing of the Knesset, Kollek era planners set to fill open spaces with Jewish facts. The fact that the majority of this vacant territory had Palestinian owners was not an overriding municipal consideration.
Kollek was also eager to stave off
any potential criticism by marketing his actions in Jerusalem as
both benevo-lent and democratic. At the beginning of his tenure,
Kollek coined the philosophy that Jerusalem was a
"mo-saic" united under a democratic Israeli rule.
However, as former city planner Sara Kaminker points out, the
"mosaic" terminology was "a beautiful marketing
ploy for selling segregation". The Kollek administration
ma-de a concerted effort to cloak the discriminatory me-thods
employed in meeting these goals in easily diges-tible and
justifiable terms. Actions taken by the munici-pality were
promoted as having the best interests of the "Arab
residents" in mind. For example, the lands expro-priated in
East Jerusalem are consistently referred to as vacant or unused,
even when private ownership is ad-mitted. The discriminatory
policies of the Kollek govern-ment were advertised as providing
badly needed hou-sing by expanding into vacant areas
"without inflicting harm." There is an equal level of
adamancy in insisting that the municipality did everything
possible to ensure that West Jerusalem city planners took every
measure to provide for the Palestinian residents. Israelis will
conti-nual point out examples of population growth in the
Pa-lestinian sector. Even in regards to housing, they will de-ny
a shortage and, conversely, argue that they provi-ded as much
housing as possible. In 1967, claims Yisrael Kimchi, there were
only 5,130 housing units for Palesti-nians in East Jerusalem.
Kimchi proudly credits the ef-forts of West Jerusalem city
planners in providing an ad-ditional 5,700 units over the past 29
years. From the standpoint of the Kollek municipality, every
possible measure was taken to provide for the Palestinian
mino-rity who are residents of the "united city." The
percep-tion persists that the critical element in the continued
progress for Jerusalem is for Israel to retain control of the
city.
Despite the careful packaging the
objectives of the Kollek municipality remained to ensure
geographic in-tegrity and demographic superiority. He focused his
ef-forts within his domain, as established in 1967, even when it
clashed with settlement plans at the national le-vel. Kollek made
his vision of Jerusalem explicitly clear in a 1984 municipal
council meeting when he expressed his objections to what he
considered the premature establishment of Ma'aleh Adumim.
"I think it is a mistake
to establish it before we have filled Jerusalem. In another five
years, we will fill Jerusalem and then we will go there [to
Ma'aleh Adumim]. In Jerusalem we took upon ourselves, as Jews, a
very difficult urban task, in that we received distant
neighborhoods, and we had to connect them; Ramot Neve Ya'akov,
and Gilo, for example. It will take us years before we can
swallow all that."
Municipal policies and strategies
which were devised as early as 1968 created a framework for the
gradual integration of East Jerusalem into Israel proper and its
complete separation from the West Bank.
When Ehud Olmert won a surprise
victory from Teddy Kollek in 1992, there was significant
trepidation on be-half of the Palestinian population of the city
and the Israeli left wing. Without question, Olmert and the
Ultra-Orthodox deputies who govern with him, represent a distinct
shift to the religious-nationalist right of Israeli po-litics.
From the very beginning of his tenure as mayor, Olmert expressed
his intentions to expand the city "to the East, not to the
West", and to "make things happen on the ground to
ensure the city will remain under Israeli sovereignty for
eternity." However, it is important to re-cognize that
Olmert's policies vis-à-vis settlements and the Palestinian
population are an unabashed continua-tion of the plans conceived
by his predecessor. For-mer municipal planners Yisrael Kimchi and
Sara Kamin-ker are in agreement that there is "no tangible
differen-ce between Kollek and Olmert" in terms of
objectives in East Jerusalem, other than the perception that
Olmert may be "smarter" in carrying out his plans.
Already, there is a belief within the Palestinian community that
Olmert is stepping up efforts to pacify Palestinian
Jeru-salemites by providing improved services. Recent re-quests
to the Ministry of Interior for more than NIS million in funding
for the development of the city's "Arab areas" support
this belief. Olmert's policies and strategies are widely viewed
as being consistent with the strategies developed by Kollek.
Israeli policy in Jerusalem has
been dominated by one overriding purpose: to secure and maintain
exclusive Is-raeli sovereignty over all parts of the city. The
conquest of the city in 1967 was viewed by the vast majority of
Israelis as the culmination of the natural progression of Jewish
history. Retaining Israeli control was viewed as a moral
imperative. This nearly unanimous national con-sensus concerning
Jerusalem assured policy makers that any action they took towards
this end would not be criticized or questioned by the
Israeli-Jewish public. Consistent with Zionism roots, where the
moral claim to the land is justified through settlement, a broad
series of policy initiatives were promulgated to create
irreversi-ble facts on the ground. National governments, Labour
and Likud alike, kept Jerusalem as a national imperati-ve and
supplied the city with necessary resources and support to met the
desired objective. This strong back-ing allowed the municipal
government to force new geographic and demographic realities onto
East Jeru-salem. Fueled by the Israeli paranoia that any
weak-ness in their hold on Jerusalem will result in the city's
division, the national and municipal governments are still
building a geographic and demographic wall around East Jerusalem.
The following sections will de-tail how the Israeli policy
objectives of creating geogra-phic integrity and demographic
superiority in Jerusalem has translated into new realities on the
ground.
Chapter 2: Geographic
Integrity
One of the first actions taken by the Israelis in the aftermath
of the 1967 war was to redefine the muni-cipal boundaries of the
city. Although a flagrant viola-tion of international law, these
new boundaries beca-me the framework within which the Israeli
government would alter the existing layout of the city and the
sur-rounding villages in an attempt to physically secure their
control over the city. Policies were developed and implemented,
primarily through the municipal planning committees, to establish
geographic integrity between West Jerusalem and the additional
lands captured in 1967. From the first days of the occupation of
East Jeru-salem, Israel set out to place facts on the ground in
or-der to prevent the re-division of the city. Over the past 29
years, Israel has employed numerous strategies to control
Palestinian lands in East Jerusalem. Through dis-criminatory
zoning practices and complex planning sti-pulations, Israel has
managed to block Palestinian de-velopment of available land
leaving it vacant until it is expropriated for "public
purpose." However, the key element in Israel's plan to
completely integrate occu-pied East Jerusalem into pre-67 Israel
has been the con-struction of more than 15 settlements in and
around the boundaries illegally established in 1967. These
settle-ments, constructed in four major phases, have created a
chain of settlements separating East Jerusalem from the West
Bank. The strategic placement of each new
"neighborhood" on the map of East Jerusalem
unques-tionably reflects a desire on the part of the municipal
planners to met the national objective of manufactu-ring
geographic integrity for the "undivided capital of the State
of Israel."
2.1
Land Control
Securing control of the undeveloped lands in
East Jeru-salem has been an essential element in Israel's race to
create irreversible facts in the city. Israel has been able to
bring about a near total reversal of the 1967 situa-tion. At this
point, numerous sources indicate that only 9,400 dunums are
available for Palestinian develop-ment. According to Palestinian
cartographer Khalil Tufakji, the breakdown of land distribution
in East Jeru-salem is as follows: 34% expropriated for
"public" use, 40% Green Areas, 7% unzonned, 6% roads
and infra-structure, 3% frozen and 10% for Palestinian use.
Further-more, the remaining 10% is almost completely utilized.
This almost complete subjugation of the Palestinians' ability to
maintain control of their lands was achieved through a series of
quasi-legal methods, enacted most-ly on the municipal level.
Direct confiscation or expro-priation of land has been but one
tool utilized by Israeli planners in dominating the landscape of
East Jerusa-lem. Palestinian development has also been prevented
through a series of discriminatory zoning policies. Plan-ning and
permit requirements demanded by the Israeli municipality have
made it nearly impossible for Palesti-nian owners to utilize
their land. The municipal planners followed a strict policy of
keeping Palestinian lands in East Jerusalem empty until they
could be expropriated for the construction of housing and
infrastructure for the exclusive use of Jewish-Israeli residents.
2.2 Land Confiscation
Land expropriation occurred in 5 main phases
since 1967. The first phase occurred immediately after the city's
conquest when the Israelis confiscated over 120 dunums of land in
the Old City. More than 5,000 Pale-stinian residents of the Old
City were evicted and lost their property. The second phase began
in January of 1968, when 4,000 dunums of prime real estate were
taken from the Palestinian neighborhoods and villages of Sheikh
Jarrah, Shu'fat, Lifta and Issawiya. In the third phase, which
took place in the early 1970s, 14,000 du-nums were taken from
Malha, Sur Baher and Beit Jala, as well as additional territory
from Lifta and Shu'fat. In March of 1980, the fourth phase began
with the confis-cation of 4,500 dunums from Beit Hanina and
Hizma. The fifth, and most recent phase, occurred in 1991 with
the expropriation of an additional 2,000 dunums from Um Tuba, Sur
Baher, Beit Sahour, Bethlehem, Beit Safafa and Beit Jala. To
date, Israel expropriated a total of 24,000 dunums of Palestinian
land in East Jerusalem for the construction of Jewish
settlements. Once again, this figure amounts to 34% of the total
available land in East Jerusalem. At this point, an additional
6,000 dunums, 8.5%, is slated for expropriation, primarily in the
south of Jerusalem. This brings the total of land confiscated to
30,000 dunums. Thus, Israel has been able to obtain di-rect
control of 42.5% of the land in East Jerusalem for settlements or
road construction.
Israel achieved these dramatic
results through employ-ing a series of quasi-legal methods to
expropriate land from Palestinian land owners in East Jerusalem.
Israel could have, conceivably, acquired all the available lands
in Jerusalem by virtue of their military conquest in 1967.
However, the desire to foster international legiti-macy for their
claims prompted them to utilize what they defined as legal
methods of transferring Arab lands to Jewish ownership. The legal
strategies used to expropriate Palestinians land in Jerusalem are
similar methods used by Israel to confiscate land taken in 1948,
as well as in the West Bank as a whole. Appendix II offers a
detailed list of the series of statutes and mili-tary orders
Israel has employed to "legally" acquiring Palestinian
land and negate obvious Palestinian owner-ship. The Jerusalem
Master Plan of 1968, for example, plainly states that the lands
needed for development in Jerusalem were privately held by
Palestinian land-owners.
The majority of the municipal
land reserves that are amenable to development are in private
[Palestinians] hands. The effective development of the city will
require the expropriation of sub-stantial areas.
In Jerusalem specifically, the
"Land Ordinance; Acquisi-tion Public Purposes" of 1943
authorizes the Finance Mi-nister to issue expropriation orders
for land that is priva-tely owned if a public purpose exists
which justifies its expropriation. This ordinance defines a
public purpose as "any purpose the Finance Minister approves
as a public purpose." Since 1967, 23,500 dunums have been
expropriated from Palestinians land owners in Jerusalem under
this ordinance. These methods of transferring lands into the
Jewish National Fund guaranteed, in the eyesof the Israeli state,
that Jews will have an inalien-able right to the land in the
future. While these me-thods have been employed throughout the
Occupied Territories, the Palestinian land owners of Jerusalem
have been particular targets of Israeli acquisition sche-mes.
2.3 Blocking Palestinian
Development
While a useful tool, land expropriations had
to be con-sistent with municipal development plans. Other tools
were needed to prevent the Palestinians from creating their own
facts on the undeveloped lands in East Jeru-salem. In addition to
expropriation, Israel managed to control major portions of the
land in East Jerusalem through a series of discriminatory
municipal ordinances designed to block Palestinian development.
Upon clo-se examination, municipal planning and zoning
restric-tions are carefully drafted to facilitate Jewish plans
while thwarting Palestinian construction. Israel has relied upon
zoning restrictions, Town Planning Schemes and tight control of
building permits to keep Palestinian lands undeveloped until the
time was "ripe" for the construction of a Jewish
settlement. One of the most effective municipal strategies toward
this end is the practice of zoning large tracts of Palestinian
land in East Jerusalem as "Green Areas" where any
development other than agriculture is strictly prohibited.
Planning maps for the Jerusalem district are color coded to
indi-cate different zoning designation. On these maps, large
areas are colored green and labeled as setach nof patuch:
unobstructed view. Areas with this designation are, in theory, to
be planted and to serve as public open spaces. However, in
reality this designation has been used to block Palestinian
development of these key land reserves. Currently, a total 31,000
dunums in East Jerusalem are zoned as "Green Areas"
meaning that all construction is prohibited, and 44% of East
Jeru-salem is, effectively, off limits to the Palestinian owners.
While the "green"
designation effectively prohibits Pale-stinian development, the
situation changes if the land is needed for the expansion or
creation of a Jewish settle-ment. In the event that the land in
question is required for the construction of a Jewish settlement
than the zoning restriction is simply lifted. In practice,
"green areas" mean that those lands are slated for
settlement construction and will be eventually confiscated. The
building of Ramot in 1973 marked the first time a green area was
rezoned to enable the construction of a Je-wish settlement. For
example, 500 acres from Shu'fat village were designated as green
area in 1968. The area was planted with cypress trees and left
untou-ched for many years. The zoning was suddenly chan-ged in
1994 and the settlement of Reches Shufaat, comprising 2,500
units, was built as new neighborhood for religious Jews. Another,
more immediate example is the case of Jabal Abu Ghaneim [sic] Har
Homa, south of Jerusalem. Since 1968, these large tracts of land
bet-ween Bethlehem and Jerusalem had been zoned as green areas,
prohibiting all development activities by the rightful owners. In
1991, an area of nearly 2,000 du-nums were made available by the
municipality for the construction of at least 6,500 units for
exclusive Jewish use. These lands, which constitute the only
available space for the natural expansion of Beit Sahur, Um Tuba
and Sur Baher, unusable for over 20 years, were imme-diately
expropriated. According to Yisrael Luberboim, an aide in the
office of Interior Minister Eli Suissa, there is an national
consensus on building this "new neighbor-hood" in order
to alleviate the severe housing shortage [for Jewish residents]
in the city. The Har Homa site is cri-tical as "there are no
other large open spaces like this left for construction in
Jerusalem". Mr. Luberboim's statement clearly shows that
Israeli planners and politi-cians view the Green Areas in East
Jerusalem not as nature reserves, but as land reserves for the
develop-ment of Jewish settlements when the time is appro-priate.
It is important to note how the Israeli power structure has skillfully disguised and justified these policies as be-ing part of the city's democratic governance. Green Areas are portrayed as a necessary means of preser-ving the natural beauty of the city, not a mechanism to disenfranchise Palestinians. According to Yisrael Kimchi, it was the intention of the municipal government to maintain a green-belt around the city. This would preserve the classic image of Yerushalaim, saviv la harim: Jerusalem surrounded by hills. Kimchi is quick to indicate that Green Areas also exist on the western side of Jerusalem. However, the small number of public parks and valleys maintained as open spaces are pale in comparison to the broad swaths of green areas sur-rounding Palestinian communities. Mr. Kimchi attemp-ted to refute the classic statement attributed to former Mayor Kollek, where he publicly admits that the "green" designation is applied in order to prevent Palestinian construction as "a complete misrepresentation." Mr. Kollek, Kimchi affirmed, would have wanted all these areas to remain open. However, when "needs" change it is much easier to "eat" the open spaces than focus on already existing built-up areas. The propaganda tool of appropriate municipal planning has also been used to plant huge hurdles in the way of any independent Palestinian development initiative. The lengthy set muni-cipal requirements that must be met for any type of de-velopment and the near impossibility of obtaining the necessary building permits have effectively quashed any chance of Palestinians establishing counter facts in East Jerusalem.
One of the most effective
municipal planning strategies utilized by the Jerusalem
Municipality is the Town Plan-ning Scheme (TPS). The Israeli
municipality will not issue the required building permits in
Jerusalem without a complete and approved TPS. The TPS is an
extensive and expensive 10-step process which requires a high
le-vel of coordination and cooperation with the municipal
authorities (see Appendix III for details of the process).
Under ordinary circumstances, the
purpose of the TPS is to supervise the development of an area in
accordan-ce with its zoning designation, expected population
growth, housing needs and infrastructure requirements. TPS
include provisions for the installation of water sup-ply,
electricity, telephone services and allocate land for road ways
and open spaces. The TPS will also allocate sites for public
education, health care, recreation and religious observance. In
short, a TPS will ensure ade-quate and efficient development of
an area in line with the overall planning goals of the
municipality. Unfortu-nately, in the case of East Jerusalem, TPS
have been used as a means of restricting Palestinian development
by minimizing the scope of TPS in Palestinian areas, de-laying
their implementation or simply failing to draw up a TPS for the
majority of Palestinian land in East Jerusa-lem.
In 1974, a planning order was
issued which declared all of Jerusalem as one regional planning
unit. This order obligated the municipality to complete a
comprehen-sive TPS for the entire area by 1978. However, the
"po-litical level [of the Jerusalem municipality] tended not
to implement the planning procedures involved in pre-paring town
planning schemes and specifications" for East Jerusalem. For
the 13 new Israeli neighborhoods in East Jerusalem the TPS have
been an efficient and successful exercise in urban planning, as
the Israeli go-vernment shoulders the burden for the planning
pro-cess. The state takes the responsibility for reparcelling the
lands, allocating funds, as well as hiring the planners and
architects necessary to put the TPS together. However, for
development projects in Palestinian neigh-borhoods, all costs and
resources needed to draw up a TPS fall on the Palestinians
themselves. Furthermore, the policy of requiring a TPS
exacerbates many of the internal obstacles to Palestinian
development in East Jerusalem. For example, a TPS requires the
written per-mission of all landholders whose property will be
inclu-ded in theparcel of land slated for development. If one
small portion of the parcel belongs to a landowner who refuses to
give his permission or is absent, or if the ow-nership of the
land cannot be proved to the satisfac-tion of the Israelis then
the entire TPS is nullified. Given the traditional patterns of
land ownership in Palestinian society and the enormous problem of
absentee land-owners, this one requirement makes it nearly
impossible for an independent Palestinian TPS to be eligible for
mu-nicipal approval.
However, even when a local
initiative was successful in submitting a complete TPS, the
municipality has consis-tently dragged its heels in approving the
plans. Since 1978, only 13 plans have been approved which have
any bearing on Palestinian neighborhoods. The Local Committee of
the municipality is obligated, by law, to approve or reject a TPS
within 3 years. Nevertheless, ex-cessive delays have been the
hallmark in regards to TPS approval for Palestinian
neighborhoods. The Israeli mu-nicipality has invariably delayed
and/or dramatically minimized TPS for Palestinian neighborhoods.
For exam-ple, it took 13 years to approve a TPS for Shu'fat. When
the plan was initially submitted, it called for 17,000 Pale-
stinian housing units. While awaiting approval, the plan was
pared down to 7,300 units. Now, under the direc-tive of Eli
Suissa, only 500 units are included in the plan. Planning
procedures which began in Beit Safafa in 1977 also took 13 years
to reach approval in 1990. Final ap-proval for a plan in Abu Tor
took 12 years and a plan submitted in 1987 for Ras al-Amud has
not received fi-nal approval. Even when a TPS is approved, it is
often not implemented. The Development Plan for the Arab Sector
of 1986 directed the building of 13,523 units for Palestinians to
be built between 1986 and 1991. In the end, fewer than 2,100
units were built within the target period. Israeli planners shrug
off these discrepancies as "exaggerations." They point
to the building that has been completed and speak of
"tremendous growth" in Palestinian East Jerusalem since
1967.
However, many of the housing
projects designed for Palestinians touted by the municipal
government are actually aimed at re-settling Palestinians outside
of the Jerusalem municipal boundaries. The Housing Ministry built
a row of 56 dwellings outside of these boundaries for Arab
families evacuated from the Maghrebi Quarter in 1967. The Kollek
administration also attempted to thin out the great density in
the Moslem Quarter on a num-ber of occasions, by offering public
housing outside the city limits with very favorable terms. The
most famous of these was the 1973 Kollek Administration
initiative known as the "Build your own home in al
Izzariyah." This plan especially targeted the residents of
the Shu'fat re-fugee camp, an area of strategic importance to
future Israeli settlement plans. The municipality enticed
Pale-stinian residents out to al-Izzariyah by extending Natio-nal
Insurance benefits to Palestinian Jerusalemites who live outside
the city. By 1984, however, new restrictions were enacted which
explicitly excluded those same Palestinian Jerusalemites who had
taken advantage of the "Build Your Own House" scheme
from the National Insurance.
The only tangible example of
municipal planning and development of housing for Palestinians
are the Nussei-beh buildings located on the Ramallah-Jerusalem
road. While these units have provided a modicum of despe-rately
needed housing in East Jerusalem, their construc-tion has been
used in reinforcing the mythology of the benign nature of Israel
actions in Jerusalem. Former city planner Yisrael Kimchi points
to the Nusseibeh buildings as the exception which proves the rule
of Israeli at-tempts to meet the housing needs of Palestinian
Jerusa-lemites. Because the "Arab" refusal to
coordinate with Israeli planners it was necessary to hide Israeli
involve-ment, financial or otherwise, in the project. If the
finan-cing had not been secret, the development would have been a
failure. Thus, the Israelis are able to point to the Nusseibeh
developments as evidence that they tried to meet the needs of
Palestinians, yet failed due to Palestinian intransigence.
A review of the various TPS for
the Palestinian neighbor-hoods in comparison with those for
Jewish neighbor-hoods indicates a glaring discrepancy in density
restric-tions. Jerusalem planning codes stipulate a variety of
housing zones which range from low density zones of 15% to high
density zones of 200%. The maximum allow-ance is made for high
density housing in Jewish neigh-borhoods while the capacity is
sharply curtailed in Pale-stinian neighborhoods. For example, an
unapproved TPS for Um Tuba and Sur Baher limits the housing
density to 0.6 for every dunum, yet the plans for Har Homa, a
planned settlement for Ultra-Orthodox Jews in the same area,
allow for a housing density of 3.5 per dunum. In a discussion
held in February of 1993 by the Local Sub-committee which dealt
with the TPS for Um Tuba and Sur Baher, city engineer Elinor
Barazaki stated that:
"There is a government
decision to maintain the proportion between the Arab and Jewish
popu-lations in the city... The only way to cope with that ratio
is through the housing potential. The growth potential is defined
on this basis and the [housing] capacity is a function of that
here as well."
It is clear that the capacity of
Palestinian neighbor-hoods is determined on the basis of how it
will impact Israel's ability to meet its policy objectives of a
"unified" Jerusalem, and not on the future housing
needs of the Palestinian residents. The Israeli Central Bureau of
Sta-tistics estimates that there are currently 22,860 existing
housing units for Palestinians in East Jerusalem. General
consensus holds that an additional 21,000 units are nee-ded to
alleviate the housing shortage plaguing the Pa-lestinian
population. Israel controls all building in Jerusa-lem via a
complicated system of building permits. On the average, the
municipality grants the Palestinians only 150 building permits
per year. As a result of zoning restrictions, recalcitrance on
approval of TPS, and the sheer difficulty of the planning process
required by the municipality, it is virtually impossible for a
Palestinian landowner to obtain the necessary building permits to
legally utilize their land for housing.
The Israelis have also taken harsh measures to prevent Palestinians from creating their own "facts on the ground." When a Palestinian landowner, driven by des-peration, decides to build on his land regardless of the "green" designation or lack of an appropriate permit, the structures are liable for demolition. Demolitions of Palestinian homes in East Jerusalem are carried out by municipal and Interior Ministry officials on the premise that the house was built on land not zoned for con-struction and without the required permits from the Isra-eli authorities. The Palestine Human Rights Information Centre (PHRIC) has documented over 210 Palestinian homes demolished by the Israeli authorities in East Jeru-salem since mid-1986 for permit violations. Demolitions in East Jerusalem have been carried out at an average rate of 50 per year in the last decade. The municipality claims that that hundreds of Palestinians homes have been built without licensees and could, therefore, be demolished at any time.
The number of housing demolitions
has been on a con-sistent climb since the beginning of the Madrid
Confe-rence. In 1992 and 1993, 49 houses were demolished in East
Jerusalem for permit violations. An additional five homes were
demolished during these years for undis-closed "security
reasons." During the Rabin/Peres admi-nistration, a total 97
Palestinian homes were demolished regardless of the Oslo process.
Since the election of Netanyahu, the number of housing
demolitions has in-creased dramatically. In August, 12 homes in
the Pale-stinian village of Sur Baher in southern Jerusalem
recei-ved demolition orders. In September, Jerusalem Mayor Ehud
Olmert ordered the demolition of eight homes in Issawiya village
in northern Jerusalem and oversaw the demof the second story of a
home within the Ar-menian Quarter of the Old City. By the middle
of Octo-ber, Issawiya had received 13 new demolition orders, five
more notices went to homes in Shu'fat and Beit Ha-nina, and Ras
al-Amud in Eastern Jerusalem received orders that three homes
would be demolished after a 24-hour grace period. In a
particularly provocative move, the municipality demolished the
Old City facility of a non-governmental organization which
provides services to the handicapped in late August. While
char-ges were circulated that the NGO was demolished due to links
to the Palestinian National Authority, the official justification
given by the municipality was lack of the appropriate building
permit. Housing demolitions re-present the most brutal
incarnation of Israeli policies in Jerusalem. While often
justified as necessary measures to ensure "appropriate
municipal planning" in the city, there is little doubt of
that housing demolitions are utili-zed to prevent the
Palestinians from creating facts on lands desired for the
settlement construction by the ci-ty's municipal authorities.
2.4 Settlement Construction
As mentioned in the previous section, the
majority of the undeveloped land in East Jerusalem was
expropria-ted for Jewish use by 1968. Land expropriation,
how-ever, was only the first step in reaching Israel's objective
of securing the geographic integrity of the city. Since the first
days of the occupation, plans for development put forward by the
municipal council have been based on the political criterion of
safeguarding the city's "re-unification" after the 1967
war. Plans that were drafted as early as 1969 set out to capture
strategic points around the city and settle them with Jewish
neighbor-hoods. Since 1967, the municipality has planned and
overseen the construction of 13 major Jewish settle-ments in East
Jerusalem. These settlements or "neighbor-hoods" as
Jerusalem city planners refer to them, have completely altered
the landscape of East Jerusalem. If the additional settlements
current on the municipalities agenda are built, East Jerusalem
will be completely se-parated from the West Bank and completely
integra-ted into Israel's vision of a unified city.
Like the land expropriation in
East Jerusalem, settlement construction also occurred in a series
of phases. The first occurred immediately after the 1967 war and
targeted areas primarily in the Old City and the area surrounding
the Mount Scopus campus of the Hebrew University. In the second
phase, which began in the 1970s, the muni-cipality commenced the
formation of a barrier bet-ween East Jerusalem and the West Bank.
The following two phases planned the establishment of an outer
ring of settlements further surrounding the city. The plans for
the final phase, mostly revealed during the Rabin
admi-nistration, will constitute a closing of gaps between the
key settlements in the north and the south and thereby completing
the chain of settlements around the Pale-stinian neighborhoods of
the city. Concomitant to the East Jerusalem settlements, the
establishment and ex-pansion of the Greater Jerusalem settlements
further demonstrate the overall Israeli objectives for a Jewish
Jerusalem whose metropolitan limitations would reach to Ramallah
in the north and beyond Bethlehem in the south. Despite promises
in the Oslo Accords that Israeli would not enact changes in the
status quo of Jeru-salem, settlement construction in East
Jerusalem has accelerated dramatically since the beginning of the
peace process.
The very first phase of settlement
activity in Jerusalem reflected an attitude of historical
vindication on the part of the Israeli government. Actions taken
to restore access to the Wailing Wall, rebuild the Jewish quarter
and establish a settlement bridge from West Jerusalem to Mount
Scopus were perceived by the Israeli public as an attempt to heal
the rent in the urban fabric that had been created by the
situation between 1948 and 1967. In addition to the destruction
of the Maghrebi Quarter, 160 dunums were expropriated in April of
1968 in the area of the Old City that Western sources refer to as
the Jewish Quarter. The expropriation was defended in a Supreme
Court challenge on the basis of "public utility" in
order to rebuild the Jewish Quarter. Under the premise of
rectifying the Jordanians' destruction of the Quarter, the
Israelis were able to gloss over the fact that Palestinians had
also lived in this quarter. This drive for vindication also
extended to the Mt. Scopus area. Immediately after 1967, there
was a governmental push for the enlargement of the East Jerusalem
campus of the Hebrew University. The first official new
"neighbor-hoods", French Hill and Ramat Eshkol, were
established in this period in order to secure a land bridge
between the Mount Scopus campus and the Western part of the city.
Within a year after the conquest of East Jerusa-lem, the Israelis
set the precedent that the confiscation and settlement of private
Palestinian land for the Jewish public was justifiable in order
to prevent the revision of the city.
The second phase of settlement
construction began in 1970 with the establishment of the Atarot
settlement. The strategy of this phase of construction was to
control the heights and begin the process of territorial
consoli-dation. Consistent with this attitude, an analysis of
mu-nicipal planning written in 1985 explains the beginning of the
settlement process as follows:
Since 1967, two rings of new
residential neighbor- hoods built around the city center have
created new "ramparts" [emphasis original] designed
pri-marily as a political barrier against any possible
repatriation of the city.
During this phase, which lasted
until 1975, four major settlements were established: Gilo in the
south, East Talpiot and Neve Ya'akov in the north, and Ramot to
the west (see Appendix I). The strategic placement of these four
settlements formed the key links of the inner ring of settlements
between East Jerusalem and the West Bank.
The perceived impetuous for the
third phase was to consolidate control of the north eastern
portion of the city and to link Neve Ya'akov with Kalandia
Airport and the new West Bank/Greater Jerusalem settlement of
Givat Ze'ev. In 1967, Israel seized land from Shu'fat, Beit
Hanina, Hizma and Anata. Then, in 1985, the establish-ment of
Pisgat Ze'ev on these same lands led to an unwieldy archipelago
in the north of Jerusalem. The neighborhoods constructed in this
phase were not in-tended to be bedroom communities like the
earlier set-tlements, but rather self-supporting communities.
Pisgat Ze'ev was planned with one side commercial and one side
residential. Municipal plans in the 1980s also called for the
introduction of hotels and offices in an attempt to stimulate
commerce. Under the Labour govern-ment, Pisgat Ze'ev continued to
grow at a rapid pace. Former Housing Minister Ben-Elizar
authorized 1,100 ad-ditional units for Pisgat Ze'ev in 1995.
According to one contractor, future plans for the settlement
include ex-panding over the hillside to the south east and
towards the north west. A technological garden is now slated for
the valley extending into the village of Hizma. In accordance
with the Jerusalem master plan, Construc-tion in Pisgat Ze'ev
will eventually meet with Neve Ya'-akov to the north and Reches
Shufaat in the south. This construction will complete the
north-eastern wall bet-ween Jerusalem and the West Bank.
In 1991, the municipality began a
fourth phase of settle-ment construction in Jerusalem which was
clearly ai-med at completing the isolation of Palestinian
Jerusa-lem from the West Bank. The plans approved in 1990 for
Reches Shufaat, the Har Homa and Airplane Hill com-plex represent
the fulfillment of Israel's desire to ensure geographic integrity
for the borders they defined in 1967. The center pieces of this
huge thrust in the settle-ment of Jerusalem were the planned
construction of two entirely new Jewish "neighborhoods"
in strategic locations in East Jerusalem. The first of these new
settle-ments, Reches Shufaat, is well on the way to comple-tion.
This settlemen, slated for upwards of 2,300 units and constructed
on land confiscated from the Palesti-nian village of Shu'fat,
will, ultimately, close the gap between Ramot, West Jerusalem
proper and Ramat Eshkol. These new settlements also marked a
significant departure from previous strategy of building in
discon-nected areas without ever revealing the overall plans. It
is as if the Israeli government has reached a point of confidence
in regards to the irreversibility of the unifica-tion of the
city. Future settlement plans can be pursued openly and
aggressively with little concern over its im-pact on public
opinion in Israel, the Occupied Territories or beyond.
The second major settlement
provided for in the 1990 plan will close the remaining green
spaces in the south of the city. The Har Homa settlement will
entail the con- struction of 6,500 housing units on 1,851 dunums
of land confiscated from the Palestinian communities of Um Tuba,
Sur Baher and Beit Sahour. Ultimately, it is expec-ted that this
settlement will house 30,000-40,000 Ultra-Orthodox Jewish
settlers. The strategic nature of the placement of this
settlement is obvious. The construc-tion of Har Homa drives a
wedge between the West Bank Palestinian town of Beit Sahour and
the East Jeru-salem village of Um Tuba, which is already blocked
to the north by the settlement of East Talpiot that was
established in the early 1970s. Furthermore, the Har Ho-ma
development completely precludes any possibility of Palestinians
creating any contiguous settlement of their own.
On its own, Har Homa represents
the last of the key an-chor settlements in the Israeli
archipelago around East Jerusalem. However, Israeli geographic
strategy is com-pletely evident when three other components are
in-cluded in the equation. First, there is the proposed
con-struction of 2,000 units on Airplane Hill, west of Har Ho-ma
and East of Gilo. Second, there is stage II of Har Ho-ma which
would extend further East onto Kiryat Mazmo-ryah. Finally there
is recently cut Bethlehem "Patrol Road", which runs
from Beit Sahour to Beit Jala and ef-fectively demarcates the
southern limits of the Israeli-defined municipal boundaries in
asphalt. These smal-ler scale projects would effectively form a
chain of sett-lements from the Malha mall, through Gilo, east to
Har Homa and northeast to East Talpiot. The patrol road will
provide the necessary traffic artery to connect these settlements
and their commercial infrastructure with each other and with the
rest of Jerusalem.
There is further information which
suggests that the Isra- elis plan to use a portion of the
confiscated land near Bethlehem as part of an integrated tourism
complex in the vicinity of the Har Homa settlement. This tourism
complex would include hotel services and would be used to provide
Israeli owned services to the thousands of Christian tourists who
visit the holy sites in Palestinian Bethlehem. If these
"neighborhoods" are completed along the approved
timetable, the southern boundary of Jerusalem will have been
completely settled in ad-vance of any negotiated solution. In
order to prevent the construction of this critical settlement,
the Palesti-nian and Jewish landowners have been involved in a
protracted legal battle which has succeeded in stalling the
settlement for six years. However, given recent po-litical
developments, the construction of this "neighbor-hood,
appears imminent as well.
The Olmert Municipality won the
approval from the Mi-nistries of Housing and Finance for what has
become known as the Eastern Gate scheme in the spring of 1993.
Like Reches Shufaat and Har Homa, this new string of settlements
is also designed to connect existing settlements and form a
physical barrier between Jeru-salem and the West Bank. The
proposed plan, will swal-low up vast tracts of lands of Shu'fat
Village in the areas of Ras Shehadeh and Ras Khamis. The
immediate intent of the plan is to link the settlement on French
Hill with Pisgat Ze'ev on the northern side. Some 2000 settlers
are expected to be brought into the area to create a con-tinuous
Jewish residential area north of the eastern flank of the city.
Commercial interests, Jewish-only housing and parks would be
constructed, thereby isolating Shu'fat entirely from its
neighboring villages in the West Bank, and creating nearly a
solid wall of settlements from Jerusalem north to Ramallah.
Furthermore, this settlement will become the "Eastern
Gate" to Jerusalem when it is connected to route #45, or the
proposed ring road which will link this area with the Gush Adumim
bloc before connecting with the southern side of the city at Har
Homa. On November 19, 1996, city officials revealed that 800,000
NIS had been allocated for the first stages of the Eastern Gate
plan.
Once the plans on these three
settlements are com-plete, East Jerusalem will be completely
surrounded by a vast wall of settlements. The new ring road will
allow Israelis free movement between Tel Aviv, the settle-ments
encircling Jerusalem and the Greater Jerusalem settlements to the
east and south. This ring road, which would have been an
infrastructure asset in peace time, will only serve as the
"way out" for Palestinians of East Jerusalem. It is
only a matter of years, before all of the remaining green areas
in Palestinian East Jerusalem are filled with Israeli settlements
and by-pass roads.
In the period since
the signing of the Oslo agreements Israel has also begun
targeting plots of land for settle-ments within the Palestinian
neighborhoods of East Je-rusalem. This represents a strategic
shift from the pre-vious settlement patterns which focused on
encircle-ment. Furthermore, many of the buildings slated for
construction in these areas are commercial rather than
residential. Many of the approved projects are planned as
tourists facilities designed to further facilitate Israel's
ability to host western, Christian tourists who are ex-pected to
flock to Jerusalem in the year 2000. In Silwan, the municipality
has plans for constructing a tourist park with the Silwan Spring
as a centerpiece. The plan is to extend from the spring to the
Garden of Gethsemane on land owned by the Muslim Waqf and private
Palesti-nian owners. In addition, groups of radical settlers have
tried to forcefully occupy several homes within Sil-wan under the
pretense of prior purchase. There is a huge tourist complex
planned for 40 dunums expropria- ted from al-Izzariyah which will
provide accommoda-tions for up to 2,500 tourists. There are also
three hotels planned for the area of the Mandlebaum Gate,
inclu-ding a park adjacent to the American Colony Hotel in Sheikh
Jarrah. Most recently, the Ateret Cohanim group occupied a
building opposite the American Consulate in East Jerusalem.
Ateret Cohanim acquired the building via an illegal land purchase
utilizing a hol-ding company based in the British Virgin Islands.
Natio-nal Infrastructure Minister Ariel Sharon personally issued
the eviction notices to the Palestinian families who ow-ned the
building. Palestinian geographer Khalil Tufakji refers to this
policy as "transfer without media." These measures can
be interpreted as a shift in municipal stra-tegy towards the
demographic situation in Jerusalem and acceleration of moves to
drive Palestinians out of the city. The pace of new construction
in and around the Palestinian neighborhoods in Jerusalem has
omi-nous implications for the future potential of these areas.
Chapter 3: Demographic Superiority
The 1973 Interministerial
Committee to Examine the Rate of Development in Jerusalem,
commissioned by Golda Meir, determined that it was vital to the
future of Jerusalem to ensure "the relative proportion of
Jews and Arabs [in Jerusalem] as it was at the end of 1972."
At that point in time, the population figures indicated a Jewish
majority of 73.5% and a Palestinian minority of 26.5%. The
subtext of the this decision was a desire on the part of the
municipal government to implement strategies for combating the
higher rate of natural growth among the Palestinian population
and ensure a Jewish majority in the city. In 1992 the Kubersky ,
commissioned by the Ministry of the Interior, re-stated the needs
of the government to take measures to ensure a Jewish majority in
Jerusalem. While the mu-nicipal governments have planned and
built the Jeru-salem area settlements, the national governments
have made every effort to facilitate their settlement with
Je-wish Israelis. In hand with increasing the Jewish popula-tion
of the city, the Israeli government has actively sought to limit
the number of Palestinians living in the ci-ty. In addition to
the serious restrictions on housing and development facing
Palestinian Jerusalemites, Israel enacted a series of restrictive
policies regarding resi-dency rights in the city. These policies
serve a two-fold purpose; first, of separating Palestinian
Jerusalemites from the Palestinians in the West Bank, and second,
providing means of preventing Palestinians from
"legal-ly" residing in the city. Israeli strategies for
"preserving" the 1967 demographic ratio have fostered a
series of discriminatory housing and residency policies designed
to actively curtail the growth of the Palestinian popu-lation.
3.1 Encouraging Jewish Immigration
The massive construction of settlements in
East Jerusa-lem has done more than alter the geographic layout of
the city. Since 1967, Israel has managed to completely reverse
the demographic realities in East Jerusalem. In July of 1993, an
official Jewish majority was declared in East Jerusalem; at that
time, the official figures reported 154,000 Palestinian residents
and 168,000 Israel residents in East Jerusalem. Two years later,
the number of Israeli settlers had grown by more than 30,000
bringing the total to 200,000. At the current date, sources
estimate the Jewish population of East Jerusalem to be 240,000.
Furthermore, the national blueprint of the Interior Mini-stry has
made ambitious projections, calling for a Jewish majority of 77%
for the Jerusalem region by the year 2020. This dramatic change
in the demographic reali-ties of Palestinian East Jerusalem was
the result of a concerted effort on the part of the Jerusalem
munici-pality, with the support of the Knesset, to encourage
Is-raeli Jews and new immigrants to populate Jerusalem's new
"neighborhoods." Policies were developed to pro-vide
substantial economic incentives to prospective re-sidents. New
"neighborhoods" were aggressively marke-ted as
affordable alternatives to the crowded condi-tions in the urban
centers that offer a tremendous im-provement in the quality of
life. In addition, steps were taken to promote the growth of
industry in several of the larger settlements in East Jerusalem
in hopes provi-ding further impetuous for new Jewish immigrants
to set-tle permanently in Jerusalem. While some aspects of these
policies were less effective than others, the over-whelming
result has been a massive influx of Jewish sett-lers who largely
view themselves as residing comfortab-ly in convenient,
affordable suburbs of Jerusalem.
Knesset law-makers have consistently made funds and resources available to the settlement efforts in and around Jerusalem. Since 1981, 83% of all government investment in the Occupied Territories has been direc-ted to the bedroom communities in and around Jerusa-lem and Tel Aviv. Over the years, the Israeli govern-ment has provided subsidized housing for more than 70,000 Jewish families in East Jerusalem. When Pisgat Ze'ev was settled in the late 1980s, the national govern-ment provided favorable apartment purchase terms in order to make rapid occupancy possible. In the fall of 1990, plans were adopted by the Ministerial Immigra-tion Committee to provide housing for the influx of im-migrants from the Soviet Union in Jerusalem. The plans, released under the headline of "On the Way to a Je-wish Majority in Jerusalem", offered a 100% government guarantee against losses to contractors willing to work on the project. The Jerusalem municipality also contri-butes to the massive subsidies for Israeli settlers in the form of tax breaks. For example, new Jewish settlers are exempted from the arnona, municipal tax, for a period of 5 years, after which they are charged at a reduced rate. Under the Sheeves plan, the Rabin government continued to subsidize construction in Jerusalem in spite of the Oslo accords. Pisgat Ze'ev, the key settlement anchor in northern Jerusalem, received development loans in excess of $33,000 in order to encourage the faster purchase of homes. These subsidies have great-ly facilitated the settlement of an enormous number of Jewish Israelis in the Jerusalem area settlements.
In addition to tax-breaks and
subsidies, the Jerusalem area settlements have been aggressively
marketed. The municipality invested tremendous effort in
marke-ting the settlements as Jewish bedroom communities which
offer a high quality of life. These settlements were promoted by
the municipality as being equipped with a modern infrastructure;
electricity, water, sewage, te-lephones and parking. New
immigrants, young couples and veterans were specifically targeted
in the various advertising schemes. Advertisements offer
"quality", "luxury" and
"affordably" as the main reasons to invest in
settlements such as Gilo or Pisgat Ze'ev. Real estate agents
promote the settlements in terms of their "close proximity
to downtown" and their community environ-ment. Zionist
ideology is simply not a factor needed to sell apartments in the
Jerusalem area settlements. They are promoted as integral suburbs
of Jerusalem and of-fer prospective residents no reason to
question their choice. As former Housing Minister Ben-Elizar was
fond of pointing out, "half of Meretz lives in Givat
Ze'ev." In a recent field exercise conducted by a group of
Ameri-can students in Givat Ze'ev, the vast majority of settlers
interviewed in street surveys identified themselves as re-sidents
of Jerusalem. They sited affordability and quality of life as the
main reasons for their choice of residence. The self-perception
of these settlers attest to the over-whelming success of the
aggressive marketing cam-paigns put forth in order to fill the
Jerusalem area settle-ments with thousands of Israeli settlers.
These measures clearly demonstrate
how the settle-ment of Jewish-Israelis in East Jerusalem is a key
compo-nent in Israel's battle to ensure demographic superiority.
Current foreign policy advisor to Benjamin Netanyahu, Dore Gold,
elucidated the demographic aspect of the settlement policy as
follows:
"This situation
[Palestinian majority in Jerusalem] can only be avoided if
Israeli governments plan on strengthening Jerusalem's periphery
to offset the continued growth of the Palestinian Arab
po-pulation. In the past, the Israeli government focu- sed on
municipal Jerusalem itself. It maintained the approximate ratio
of Jews and Arabs through extensive, state-sponsored housing
initiatives, and with the benefits of an infusion of Russian
Jewish Aliyah."
However, immigration was never
regarded as the only solution. There is a great fear among
national policy makers and municipal planners that settlement
would be insufficient to ensure the demographic superiority of
Jews in Jerusalem. There is a fear that once the avail-able land
for Israeli population growth has been exploi-ted, the growth of
the Israeli population can be expec-ted to decline. As a result,
Israeli policy makers have sought other avenues for maintaining a
Jewish majority in Jerusalem.
3.2 Attacks on Palestinian
Residency Rights
Israel municipal policy-makers were aware
early on that measures would have to be taken to prevent the
rapidly growing Palestinian population from taking root in East
Jerusalem. In 1994, the growth rate of the "non-Jewish"
[Palestinian] population of Jerusalem was 3.4% while the growth
rate of the Jewish population reached only 1.3%. Despite huge
Jewish immigration and the numerous discriminatory housing
policies which have created a massive Palestinian housing
shortage in East Jerusalem, the natural growth of Palestinian
Jerusalemi-tes still outstrips the growth of the Jewish
population. In order to maintain the desired demographic ratio in
the city, Israhas relied upon a series of discriminatory
bu-reaucratic methods to deprive Palestinian Jerusalemites of
their "rights" to live in the city. These policies stem
from the two-tiered system of ID cards imposed upon Palestinians
after the 1967 war. The blue ID cards deno-ting Jerusalem
residency, were originally imposed upon Palestinian Jerusalemites
as a means of separating them from Palestinians in the West Bank
and integrating them into Israel proper. In addition to serving
this end, the issuance of ID cards also gave the Israeli Ministry
of Interior de facto control over who had the
"right" to reside in the city. The system of laws
concerning resi-dency of Palestinians in East Jerusalem has been
con-verted into a key mechanism for restricting the number of
Palestinians living in the city.
The Israeli population census
conducted in 1967 recor-ded 66,000 Palestinians living in East
Jerusalem. 44,000 of those were living in Jerusalem as per the
Jordanian municipal boundaries and 22,000 were living in the
areas Israel annexed into Jerusalem. These 66,000 were classified
as "permanent residents of Israel" according to the Law
of Entry to Israel (1952). While Palestinian Jerusalemites were
offered Israeli citizenship, few have chosen that option
recognizing that accepting citizen-ship is tantamount to a
recognizing Israeli sovereignty in the city. Nevertheless,
Israeli policy towards the Palesti-nians in East Jerusalem has
been built on the assump-tion that they would sooner or later
accept their inte-gration into the Jewish state. This distinct
designation for Palestinian Jerusalemites served the Israeli
objectives on Jerusalem in two ways. First, the smart package of
privileges and benefits which accompany Jerusalem residency are a
distinct means of separating Palestinian Jerusalemites from
Palestinians in the West Bank.
Second, the fine print behind the
1974 Entry to Israel Re-gulations, grants the Ministry of
Interior a long series of bureaucratic methods to deprive
Palestinians of their right to live in their home town. Under the
Law of Entry to Israel, residence in Israel is a privilege
subject to numerous qualifications and restrictions.When Israeli
law was applied to annexed Jerusalem, Palestinian resi-dents of
the city became subject the tenets of this law. The practical
implication of this law is that the Ministry of the Interior has
legal authority in determining who recei-ves and is allowed to
maintain Jerusalem residency rights. For example, all Palestinian
Jerusalemites wishing to travel abroad must obtain an Israeli
re-entry visa. Fai-lure to do so forfeits the Palestinians right
of return. In addition, Jerusalem residents who live abroad for
more than 7 years automatically lose their residency right.
Fur-thermore, Palestinian residency, unlike citizenship, does not
automatically extend to the resident's family. Pale-stinian
Jerusalemites marrying spouses from the rest of the Occupied
Territories must apply for Family Reunifi-cation in order to
legally reside together in Jerusalem. In 1994, 109 out of 136
documented applications for Family Reunification submitted to the
Ministry of Interior were flatly rejected. Furthermore, the Law
of Entry into Israel does not oblige the authorities to give any
justifi-cation or reason when an application is turned down.
Finally, the Interior Ministry will only register children as
Jerusalem residents if the father holds a valid Jerusalem ID
card. Children born to families where only the mo-ther holds
Jerusalem residency will be considered resi-dents of the Occupied
Territories and excluded from the benefits incumbent on Jerusalem
residency such as access to public health services and the right
to enroll in a Jerusalem public school. These restrictions have
allowed Israel to maintain strict control on the numbers of
Palestinians who legally reside in the city. These bu-reaucratic
mechanisms are all part of Israel's desire to maintain
demographic superiority in Jerusalem.
Since the beginning of the Oslo
process, the Ministry of Interior has been part of a dramatic
attack on Palesti-nian residency rights in Jerusalem. This new
rise in the re-vocation of Jerusalem residency rights can only be
vie-wed as a means of lowering the number of Palestinian
residents in advance of the final status talks. Despite
as-sertions that they have not changed their policies, the
Ministry of Interior has begun to require that Palestinian
Jerusalemites prove that their "center of life" is
within the municipal boundaries of the city. Over the course of
the current year, hundreds of Palestinians have had their
Jerusalem residency rights revoked. This restric-tion has been
stringently applied to Palestinians who hold a foreign passport
in addition to Jerusalem resi-dency. Prominent Palestinian
Journalist Daoud Kuttab was recently informed by the Ministry of
the Interior that he had a "choice" between his
American passport and his Jerusalem ID card. Furthermore,
Palestinian Jerusa-lemites who have been forced to seek housing
outside of the municipal boundaries have also had their
resi-dency rights revoked under the "center of life"
require-ment, even though Israel does not explicitly recognize
the West Bank as a foreign country. This stipulation on residency
rights has serious implications for Palestinian Jerusalemites,
particularly considering that more than 12,000 Palestinians now
live outside of the municipal boundaries as a result of the
housing shortage also re-sulting from discriminatory Israeli
policies.
In response to a substantial
internal and international protest to the increase in the number
of Palestinians ha-ving their residency rights revoked, the
Israeli Foreign Ministry issued the following response to its
consulates and embassies:
Palestinian residents of Jerusalem, who subse-quently take up residence elsewhere, forfeit their right to residency in Jerusalem. Citizens may resi-de wherever they wish; residents can only reside in one place at one time. One can be a citizen of Israel and reside in France or be a French citizen and reside in Israel; but one cannot be a resident of Israel and reside elsewhere...
Despite the fact that the final
status of Jerusalem is yet to have been negotiated, despite the
fact that the ma-jority of the world, including the United
States, does not recognize Israel's annexation of East Jerusalem,
and de-spite the fact that the Fourth Geneva Convention
expli-citly prohibits the individual or mass transfer of
residents from occupied territories, Israel has launched an all
out assault on the Palestinian population of Jerusalem. In a
particular display of arrogance, Israel places the blame for the
loss of residency rights squarely on the Palesti-nians. As Yossi
Beilin put it in a recent interview on CNN, "Those
Palestinians who refused citizenship and left the country have a
problem with their residence in the Sta-te of Israel." In
blind determination to enforce its exclu-sive rule in Jerusalem,
Israel has waged an extensive and effective demographic war in
Jerusalem.
Chapter 4: Legitimization of Sovereignty in Purpose and Practice
The quest for legitimization of
Jewish claims to reside in the holy land has been a key component
of Zio-nist strategies since before the founding of the Jewish
State. Israel's self-perception as a democratic beacon in the
authoritarian Middle East has become an essen-tial part of
garnering legitimacy for its practices. Further-more, the image
of Israel as a benevolent democracy has become a core founding
myth among Israeli Jews. Public relations strategies which cloak
discriminatory Is-rael practices have become a key element in the
batt-le for Jerusalem. Historical and legal justifications are
the major components of Israel's mission to legitimize the
Judaization of the city. Israeli propaganda has con-sistently
portrayed the capture of East Jerusalem as the obvious redressing
of past wrongs and the natural evo-lution of holy the city.
Furthermore, Israel has been frigh-teningly successful in
disguising its policies of disenfran-chising the Palestinians
both legal and part of their be-nevolent, democratic governanof
the city.
In March of 1995, Mayor Olmert
revealed the plans for a 16-month and $11-million celebration
marking the 3,000 anniversary of Jerusalem as "the Undivided
Capi-tal of Israel." This celebration, which included an
enor-mous fireworks display immediately after Netanyahu's
election, is perhaps the most ostentatious example of Is-rael's
need to justify the continued occupation of East Jerusalem in
religious and historical terms. The Israeli propaganda machine
has expended considerable ef-fort in providing copious amounts of
evidence and in-formation attesting to the exclusive Jewish
character of Jerusalem's history and spirituality. The genuine
centrali-ty of Jerusalem to the Jewish faith is cynically used
for political legitimization. Countless hours of rhetoric have
been spent reciting biblical quotations and segments of Jewish
prayer as a preface to why Israel cannot loosen its grip on the
city. Contained in the emphasis on the in-herent Jewishness of
Jerusalem is a blatant negation of the city's importance to the
other monotheistic religions who regard the city as holy. The
Government Press Offi-ce describes the religious importance of
Jerusalem as follows:
The observation that
"Jerusalem is holy to three reli-gions" tends to
mislead, since Jerusalem is holy to Jews, Muslims and Christians
in fundamentally diffe-rent ways. Jerusalem contains sites holy
to Muslims and Christians, and is one of many
locations of reli-gious significance to them. To Jews, however,
it is the city itself which is uniquely holy, only Jews have a
religious prescription to live there.
The tacit assertion is that
because Jerusalem is uniquely holy to Jews and because only Jews,
by their assess-ment, have been religiously commanded to live
there, then only Jews have a legitimate religious right to live
in the city.
Information packets put forward by various Zionist lobby groups and the Israeli Government Press Office always start the history of Jerusalem with King David, ignoring the fact that Jerusalem was a Jebusite capital whose settlement pre-dated David by roughly 2000 years.
Continuity of Jewish residence in
Jerusalem since Da-vid "except for very few periods, when
they were forci- bly barred from the city by foreign conquerors",
is used to cement modern Jewish claims to exclusive sovereig-nty
in the city. Zionist propaganda and Israeli sources also point to
the existence of a Jewish majority during the Ottoman period as
further evidence that Jerusalem was always a Jewish city. Most
Israeli sources point to 1844 as the date when the Jewish
majority "returned" to Jerusalem. However, the one
source which provided actual figures, carefully separated the
Moslem popula- tion from the Christian population in order to
demon-strate the Jewish majority. The long periods of the city's
history when Jerusalem was ruled by other peoples are
consistently referred to as periods of conquest by fo-reigners
whose presence in the city was both detrimen-tal and temporary
aberrations. For example:
Despite numerous conquests and
reconquests over the centuries - by Byzantines, Persians, Arabs,
Crusa-ders, Turks and others - and the persecution that
ac-companied these events, the Jews tenaciously maintained their
existence in Jerusalem. But al-though Jerusalem has always been
the heart and soul of Judaism and the Jewish nation, the city's
nu-merous foreign conquers generally treated it as nothing more
than a provincial backwater.
Once again, the history of
Jerusalem is recounted in ex-clusively Jewish terms. Furthermore,
this metaphor of temporary "foreign" control is
directly applied to Jorda-nian rule in the city and the possible
threat of any other "Arab" regime.
Perhaps the greatest gift given to
the writers of Israeli propaganda on Jerusalem was the
desecration of Je-wish holy sites in the Old City. Zionist
publications and hi- story texts as well as Israeli tour guides
constantly ham-mer the number of synagogues and Jewish
gravesto-nes destroyed by the Jordanians. Israeli sources
descri-be Jordanian rule of the city as "medieval".
Jordanian Jerusalem is described as a neglected backwater,
la-cking in services or resources in a perpetual state of
un-derdevelopment. This selective portrayal of Jerusalem's
condition under Jordan fails to indicate that the Israeli side of
Jerusalem was in an equal state of neglect and disrepair. While
tourism flourished on the Jordanian side and brought in large
amounts of investment and fo-reign currency, the economy on the
Israeli side was lar-gely stagnant. The neighborhoods on the
cease-fire lines, most notably Musrara, were filled with
impoveri-shed Jewish immigrants from Middle Eastern countries and
were widely regarded by more affluent Israelis as slums.
Nevertheless, Jordanian rule of the city is habitu-ally vilified
and held up as an example of how Jerusa-lem would fare under
Palestinian rule. Israeli policy ma-kers suggest that any hint of
territorial compromise on Jerusalem would ultimate result in a
return to the pre-1967 situation in Jerusalem, where Jews were
banished from the city by, yet another, foreign occupier.
A key element in Israel's
self-legitimization is the promo-tion of Israeli democracy. The
image of Israel as a de-mocracy in tandem with Israel's reliance
on quasi-legal methods of disenfranchising the Palestinians,
allows Isra-el to continually exculpate itself from blame. In
Jerusa-lem, the argument of democratic governance is used as a
double edge sword against the Palestinians. First, Israel's
municipal authorities to justify discriminatory poli-cies such as
zoning restrictions and permit requirements, as standard
municipal practice. Second, it allows Israel to blame the
Palestinians for their own situation for not taking advantage of
the democratic process offered them by Israel. Finally, municipal
authorities continually attempt to demonstrate how their
democratic rule of the city has benefited the Palestinian
population. By fo-cusing on few small examples of urban
development in East Jerusalem, such as the previously mentioned
Nus-seibeh buildings, Israeli municipal leaders seek to prove
that they did their best to develop East Jerusalem in the face of
deep seeded "Arab" intransigence.
As demonstrated in previous
chapters, Israel relies hea-vily on quasi-legal methods to
implement its policy ob-jectives. In the case of Jerusalem,
permit restriction, green zoning and land expropriations are
justified as part of a legitimate, democratic, process of meeting
the needs of the city's public. As former municipal plan-ner
Yisrael Kimchi asserts, because the "Arab sector"
lacked the necessary wherewithal to carry out directed planning
initiatives for development of East Jerusalem, it was necessary
for the Israeli sector to take respon-sibility. Without question,
elements of city planning are legitimate tools used by a
government to most effecti-vely allocate the available resources
to the community. However, democratic municipal planning
pre-supposes that resources will be distributed under principles
of equality and that the entire citizenry will benefit, either
directly or by being part of the collective good. Thus, when the
municipal government collects taxes or expropriates lands as part
of its responsibility to provide for the city's public, the
assumption is that the public, as a whole, will benefit from the
city's actions. Unfortuna-tely, in the case of Jerusalem, this is
simply not the case. For example, in all democratic societies,
citizens pay a certain proportion of taxes and expect an equal
pro-portion of services in return. In Jerusalem, however,
Pa-lestinian Jerusalemites contribute 26% to the city's
ope-rating budget while only 5% of the same budget is spent on
services in East Jerusalem.
The definition of
"public" in terms of resource redistribu-tion in
Jerusalem is inherently two-tiered. In all cases of land
expropriation in East Jerusalem, Palestinians are in-cluded in
the definition of public. More often than not, Palestinians are
the only segment of the public repre-sented when land is to be
expropriated for public use. However, when the public is defined
recipients of the housing or infrastructure planned for the
expropria-ted areas it is almost always exclusively Jewish. A
per-fect example of this is the case of the planned settle-ment
of Har Homa south of Jerusalem. Lands were ex-propriated from the
Palestinian communities of Um Tu-ba, Sur Baher and Beit Sahour,
as well as from a private Israeli company called Micor, for the
construction of a settlement that would eventually provide
housing for as many as 40,000 Ultra-Orthodox Jews. Counter plans
submitted by the Micor company and the Palestinian landowners for
joint Israeli-Palestinian development of the area in question
were flatly rejected. In response to numerous letters of protest
concerning the construction of this settlement, the office of
then Prime Minister Shi-mon Peres, confirmed the racist
definition of public in terms of who receives the resources
"re-allocated" by the municipality and the state.
Jerusalem, as a thriving
dynamic city, continues to grow and it is the responsibility of
the municipal and state authorities to provide housing and
infrastructu-re to its residents (Letter's full text in
Appendix V).
Without question, the residents
referred to by Mr. Peres are Jewish residents alone. Former Mayor
Kollek was perhaps more blatant in revealing how public was
defi-ned in terms of the receipt of municipal services. At a
January 1988 meeting of the Jerusalem Municipal Council, Kollek
exclaimed: "I am seeing to the Jewish majority... that is
why we are here."
The perception of democratic
governance is further used to place the blame for the disparity
between the Jewish and Palestinian sectors squarely on the
Palestini-ans. Time and time again, the assertion is made that if
the Palestinians would only take advantage of the rights bestowed
upon them by Israeli democracy than their situation would be
dramatically different. Whereas the operating assumption is that
unification of Jerusa-lem is beyond question, it is the fault of
the Palestinians for not maximizing their rights within the
municipal sys-tem. The following quote by former Mayor Teddy
Kollek illustrates the skillful use of the Palestinian absence in
the Municipal Council as a further means of justifying
discriminatory policies:
"I deeply regret that
there are no Arabs on the City Council. [Even though] under
Israeli law, citizens of other countries residing in Israel have
the right to vote in municipal elections. This sorry situation
means that either I or a colleague in my One Jerusalem
coalition must represent the Arab population and look after
its interests. My argument is that the Arabs are tax payers. But
we are a poor city with very limi-ted resources, and each faction
on the Council tries to obtain a maximum of the resources for its
con-stituents. Arab councilors, vociferously stating their
demands, would paradoxically help return the pea-ce and quiet we
need and make it easier to obtain resources for the Arab sector,
including new housing."
First, Kollek reaffirms that
Palestinian residents of Jerusa-lem are, from his perspective,
residing in Israel, thus im-plying a unified city under Israeli
sovereignty. Then he indicates Israeli magnanimity in allowing
these "citizens of other countries" the right to vote
in Israeli municipal elections. Finally, he offers conclusive
proof that the dis-parity in housing and services is not the
fault of discrimi-natory policies, but a regrettable side effect
in the fai-lure of the Palestinians to exploit their given
rights.
Members of the Israeli right and
left alike continually call for Palestinians to "take
advantage" of their right to serve in the municipal council.
From their perspective, the Palestinians could use the bi-weekly
Council mee-tings as a platform to protest the occupation and
de-nounce the city's discriminatory policies. Without que-stion,
the Palestinians could have used the City Council to achieve
modest gains for the Palestinian population of Jerusalem. The
fear is that any move to enter into the municipality would result
in one or two seats on the Council and no real power in terms of
affecting munici- pal policy. The municipality would, however, be
able to use the presence of these few Palestinian councilmen as a
legitimization of Israeli sovereignty over the city as defined in
1967. Given the success Israel has had with using the
participation of Israeli-Arabs in the Knesset as proof of their
true democratic intent, the risk of entering the Municipal
Council is great.
Israeli municipal authorities push
the democratic argu-ment one step further by repeated claiming
that the Palestinians have ultimately benefited from Israeli
rule. Despite purported intransigence on the Palestinian side,
Israeli authorities claim that they make every effort to develop
the Palestinian community in East Jerusalem. Kollek has gone on
record on countless occasions to attest to all of his efforts to
improve the quality of life for Palestinian Jerusalemites.
According to his accounts, the municipality has provided East
Jerusalem with pro-per sewage facilities, running water, health
clinics and libraries. When tax moneys were insufficient, Kollek
as-serts that he sought private funding for projects dedica-ted
to the "Arab" sector. However, in a famous state-ment
made in the aftermath of the 1990 massacre on the Haram
al-Sharif, Kollek candidly admits the reality behind all of his
"efforts" to provide the Palestinians equal services:
"Idiocy,fairy tales! I did
nothing over the last 20 years. For Jewish Jerusalem I have done
things. For East Je-rusalem? Nothing? Stop babbling about
sidewalks, cultural centers. Nothing! Absolutely nothing!
Actu-ally, we did build the sewage system and improved the water
system. And do you know why? I'm sure you think we did it for
their benefit. No way! We did it because we heard about cholera
cases, and the Jews feared the spread of an epidemic."
Nevertheless, the current
municipality relies upon the same faulty arguments to explain the
disparity between the Palestinian and Israeli sectors of the
city. The follow-ing quotation by Deputy Mayor Lupalanski again
de-monstrates the standard contention that the municipa-lity has
done everything it can to meet the needs of the Palestinian
population:
[In the Palestinian sector]
there is a problem of menta-lity that we cannot change. They are
used to being in a family house and are not used to living in a
modern context. Therefore, when we prepare plans and pre-sent to
the housing committee a plan to solve the hou-sing problem for
3,000 families, they will not take ad-vantage of the plan."
Lack of adequate housing in the
Palestinian neighbor-hoods is simply not the fault of the
municipality. Quite the contrary, the municipality contends it
has done everything possible to meet the needs of the Palestinian
population. The figures, however, speak for themselves. Since
1967, an excess of 64,000 houses have been built for Israeli-Jews
in Jerusalem. In that same time span, only 8,800 houses have been
built for Palestinian Jerusa- lemites. Furthermore, of the city's
900 sanitation workers, only 14 are assigned to Palestinian
neighborhoods. Is-raeli claims of benevolent democratic rule in
Jerusalem are only a thin veil used to justify their ultimate
objec-tives of securing exclusive Israeli sovereignty over the
city.
Since 1967, successive Israeli
governments have set out "with conviction, with motivation,
with determi-nation, with stamina..." to eradicate all other
visions of the Holy City that conflict with the vision of
Jerusalem as the 'eternal, undivided capital of the Jewish
State'. The question then persists, why, if the Israelis are so
determi-ned to make no concessions on Jerusalem and have expended
so much energy and resources in establi-shing Jewish superiority
in the city, did the government agree to settle its final status
during the Oslo process? Given the Israeli preoccupation with the
rule of law and their need for international legitimization the
answer is fairly obvious. By negotiating the final status of
Jerusa-lem in the context of a peace process sponsored by the
international communityIsrael can finally secure un-questionable
legitimacy for its exclusive rule over the holy city. The
frenetic pace of settlement activity since the beginning of the
peace process attest to Israel's quest to implement as many
irreversible geographic and demographic facts on Jerusalem's soil
in advance of the nego+tiations. If Israeli policies for
Jerusalem conti-nue to be implemented at the current pace, there
will be little left for the negotiators to decide upon. Without
question, Israel views the final status of Jerusalem as an issue
that has already been settled.
However, the fundamental fact remains that without a just and equitable solution to the question of Jerusalem there will never be a lasting peace in this region. As the clashes in late September clearly demonstrated, conti-nued Israeli aggression in Jerusalem will only result in fur-ther bloodshed. At a peaceful demonstration outside the Israeli Interior Ministry, Faisal Husseini indicated that it would be foolish to discount the Palestinians' anger over the dual standards that currently govern the Oslo process, especially in regards to Jerusalem. "The Israelis", argues Mr. Husseini, " say we must be creative about the 400 Jewish settlers in Hebron. We want the same creativity for the 160,000 Palestinians who live in East Je-rusalem." Regardless of the dramatic success of Israel's Jerusalem policy in altering the geographic and demo-graphic realities of Jerusalem, the basic rights of the Pa-lestinian residents cannot be ignored. Any political sett-lement over the future of Jerusalem must incorporate both the basic rights and the national aspirations of the Palestinian people.
Hope, as always, may come from
unexpected places. As demonstrated in this paper, much of the
success Israeli governments, in particular the Jerusalem
munici-pality, have enjoyed in pursuing their discriminatory
po-licies in the city, have stemmed from the broad, Israeli
consensus concerning the city's future. However, there are
serious chinks in the Israeli consensus that can be opened to
give Palestinian Jerusalemites a chance to pursue their aims.
While the vast majority of Israelis would say it is an absolute
must that Jerusalem remain united, few can define exactly what
that means. Field research conducted in the fall of 1995 showed
that less than 50% of Israeli Jerusalemites surveyed could
correc-tly define the municipal boundaries. Furthermore, only 6%
of the Israeli-Jerusalemites could name more than 9 of the
Palestinian neighborhoods in East Jerusalem. Fi-nally, 53% of
those surveyed had no objections to the idea of an independent
Palestinian municipality. A re-cent survey scheduled to be
published in the Israeli dai-ly Ma'ariv shows that a
slight majority of Israelis favor moving the capital to Tel Aviv.
While Israel clearly has the upper hands in terms of physical
power, there is no reason it must continue to win the public
relations war. At this critical juncture, Palestinians must be
vigilant in making their legitimate rights to the city widely
known and respected, not only in the international community, but
in Israel as well.
Where there is a political will,
there is a way to reach a negotiated solution for Jerusalem.
However, Israeli sett-lement construction and attempts at forcing
a Jewish majority in all parts of the city have prejudiced and
will continue to prejudice the outcome. The onus is current-ly on
Palestinian Jerusalemites to present a united front with concrete
development plans to ensure their aspi-rations for Jerusalem will
be met in a satisfactory man-ner.