Dr. Mahdi Abdul Hadi

 

Introduction

 

 

The different scenarios advanced over the years for the solution of the Palestine question in general, and question of Jerusalem in particular, have all recognized the need to treat Jerusalem as a special case, mainly because of its unique character as the centre of Palestine and as the site of the Holy Places of the three monotheistic religions throughout history.  Although the question of Jerusalem was and remains at the heart of the Arab-Israeli conflict from its very beginning, it is still an unresolved issue generating open conflict between the two people concerned. Jerusalem today consists of two cities: occupied East Jerusalem and West Jerusalem. The PLO and Israel–by signing the Declaration of Principles on Interim Self-Government Arrangements  (DoP) on 13 September 1993–have made a commitment that “the permanent status negotiations will commence as soon as possible, but not later than the beginning of the third year of the Interim period"…. And will “cover remaining issues, including: Jerusalem” (Article 4, DoP). Despite this and notwithstanding its reiterated commitment to the DoP, the Israeli government is constantly stressing that Jerusalem will remain undivided under Israeli control. Thus implying that there is nothing left to negotiate about.

 

The Question of Jerusalem–the Starting Point

 

There have been various interpretations of the “goods of Jerusalem”. A summary of these crucial components, as I see them, will serve as the starting point for understanding the complexity of the question of Jerusalem:

 

1-   The Geographic and Demographic Component

 

In 1947, Jerusalem covered an area of 59.5 km². The West Side of the city covered 53km², while the eastern side covered 6.5km². The old walled city covered only one km². The city boundaries were the village of Abu Dies from the east, Ein Karem from the west, from the north Shufat, and from the south the city of Bethlehem.

 

The villages surrounding the city on the municipality boundaries were considered to be part of the socio-economic environment of the city, rather than part of the municipality. The West Side included neighborhoods such as Deir Yaseen, Lifta, Ein Karem, Malha, Rumemah, Sheikh Bader, and Khalet Turha. On the eastern side, the neighborhoods included Shufat, Beit Hanena, Azareiyh, and Abu Deis. In the war of June 1967, Israel occupied all parts of Jerusalem and proceeded with its plans to confiscate territories from the occupied West Bank and annex them to the municipal boundary of Jerusalem. The Israeli government undertook “the unification of the eastern part of the city" and enforced Israeli law on Palestinian citizens in east Jerusalem.

 

The Israeli land confiscation policy went through the following stages:

1-    June 1967-120 dunums inside the old city, which became part of the Jewish quarter

2-    January 1968-4000 dunums in Sheikh Jarah-Shufat, Lifta-Aisawieh.

3-    January 1970-14000 dunums-Malaha, Sur Baher, Beit Jalah, Lifta, Shufat

4-    In 1980-4500 dunums in Beit Hanena and Hizma

5-    1991-2000 dunums in Im Tuba, Sur Baher, Beit Safafa, Bethlehem and Beit Jalah

6-    1969-6000 dunums south of east Jerusalem, Jabal Abu Ghnem, Bethlehem and Beit Jalah.

 

The total confiscated land was 30.000 dunums, equivalent to 34%of the Jerusalem territories. It is worth while mentioning that the municipality boundary of East Jerusalem was expanded through planning and zoning by the Israeli municipality from 6.5 km² in 1967 to 71 km² in 1996.

The series of Israeli confiscation plans resulted in the following:

·                    34% confiscated land

·                    40% green land.

·                    7% unused land

·                    6% roads and infrastructure.

·                    3% frozen land.

Total 90% of East Jerusalem territory became contained by Israeli measures. Only 10% remain under the control of the Palestinians, an estimated 9400 dunums.

Prior to 1967 the population of Western Jerusalem was 195.000, while the eastern part was 75,000. Israel succeeded in maintaining the ratio between Jews and Arabs at 72% Jews to 28% Arabs until the mid-1990s.

 

The Israeli population increased to 330.000 in the western part of the city, with 160.000 settlers in east Jerusalem. This totaled up to 490.000 Israelis facing 210.000 Palestinians in East Jerusalem, in addition to 50.000 Palestinian Jerusalemites living outside the municipal boundaries, totaling 260.000. With the increase of Palestinian citizens in the city vis-a-vis the Israelis, the traditional ration has changed into 67% Israelis and 33% Palestinians.

 

One should remember that roughly 80.000 Palestinians living in the western part of the city were forced to leave in 1948. The property they owned consisted of 40% private property, 34% Islamic and Christian property, and 26% Jewish property. Israeli policy has prohibited any Palestinian from residency or work in the western part of the city since 1948 till today.

 

2-   The National and Political Component

 

Historically, Jerusalem has been part of Palestine and Palestinian heritage is deeply rooted in the city. Jerusalem is related to the land and people of Palestine, to their Muslim–Christian beliefs and holy places. For Muslim and Christian Palestinians, Jerusalem is of great importance not only as a holy city but also as the political, geographic, economic and cultural center of Palestine. It is the capital of the Palestinian people, for which thousands have sacrificed their lives to defend and protect; it is the symbol of Palestinian national identity and of their inalienable rights. Its Arabic roots go back 5,000 years to the time when the city of Arab Yabous (Jerusalem) was founded. As Islam had dominated the culture of the Middle East for centuries, it has dominated Jerusalem. Jerusalem is thus identified with Arab culture, heritage, architecture and significant monuments, and there is an agreement on the urgent need and duty to preserve these sites as well as Jerusalem as a historic city. Against the background of centuries of Muslim rule and uninterrupted Arab presence in the city, no one can justify the policies and practices of 27 years of Israeli occupation and ignore 1,400 years of continuous Arab Muslim- Christian rule.

 

 

3-   The Religious Component

 

The religious claims of the three monotheistic religions to Jerusalem are each unique with their own special attributes, which cherish different places in the city. Jerusalem’s holiness complicates any attempt to solve the Jerusalem question and is often used or manipulated to attain non-religious goals. Yet, the meaning of religious attachment to the city was and remains a major concern. As well as its Jewish heritage, Jerusalem is a city of Arab Islamic and Christian heritage. Its Islamic identity derives from the fact that it was the site of Prophet Mohammed’s Night Journey, Isra’ and Mi’raj, and is the original Qibla for Muslims. Al-Aqsa Mosque is the site of Islam’s third holiest shrine. The Ummayyad Caliph Mu’awiyah linked his own personal identity with Jerusalem, calling himself caliph of Beit Al-Maqdis. Thus, it is part of the Islamic faith.  Its Arab identity was further emphasized with the historic Covenant of the Caliph Omar Ibn Al-Khattab in 638 Ad. It is the site of the Holy Sepulchre, the Arab Churches, and of the Mount of Olives. To emphasize this point once more, there has been an uninterrupted Arab presence in the city in terms of population, culture, heritage and monuments.

 

4-   The Legal Component: Ownership and Property

 

Since the implementation of the article contained in the 1948 Partition Plan (UN Resolution 181) on the question of Jerusalem was suspended, the nature, limits and scope of international, regional and local legislation and administrative by-laws which govern the city have been determined by the creation of facts on the grounds by the occupier. Today, the struggle over Jerusalem is still basically a struggle over property and who controls it.

 

There is no legitimacy or license under international law or international resolutions passed since the beginning of the century, including UN Resolutions 242 and 338, which allow Israel to take over Arab land in Occupied Arab East Jerusalem. International law prohibits the annexation of territory by force. East Jerusalem is regarded, as occupied territory and Israel’s activities in this part of the city (such as construction of settlements, transfer of Israeli population, and annexation) are considered illegal and null and void. Moreover, articles of UN Resolution 194 relating to compensation and the right of return, are still being twisted by Israel in regard to Arab properties in West Jerusalem which were taken by Israel in 1948. In the course of the 1948 war, some 64,000–80,000 Palestinians were forcibly driven out of West Jerusalem and its immediate vicinity and all property left was declared “ absentee property”. In 1948 40% of the property of West Jerusalem belonged to Palestinians, 34% to the Waqf, Churches and the Government of Palestine, and only 26% belonged to Jews.

 

5-   Institutions

 

When in the course of the June War of 1967, Jerusalem was occupied in its entirety by Israeli forces, many of its Arab inhabitants were evicted and their property seized or demolished. Eventually when East Jerusalem was annexed and subjected to Israeli law, Palestinians never accepted Israeli sovereignty over the city, but resisted by means such as stressing its illegitimacy, refusing to join the West Jerusalem municipality and trying to preserve the Arab character of the city. The chapters of Palestinian resistance in Jerusalem can be traced back to the very beginning of its occupation in June 1967 when Sheikh Abdel Hamid Al-Sayeh issued and Islamic fatwa which stated a clear position of refusing to be governed by Jewish / Israeli law.

 

This resulted in preserving Palestinian commercial and other major institutions, including the Arab Electricity Company. Although the Arab municipality in Arab Jerusalem was dissolved and closed and its premises forcibly by the Israelis, while control of public services was taken over by the Israeli municipality in West Jerusalem following the 1967 War, Arab neighborhoods continued to exist as separate communities and the Palestinians declined to become Israeli citizens, thereby boycotting municipal elections. Palestinians succeeded in maintaining key institutions such as medical centres and hospitals, civil courts, societies, tourist offices intra-city transportation networks, land registration offices, as well as centres and forums providing scientific, cultural and educational research, information and services.

 

6-   The Psychological Component

 

Jerusalem is not united, it is occupied; the physical borders between both parts of the city have not disappeared, only superficially, to be replaced by psychological, invisible borders. Meanwhile, the presence of settlers who seek to de-stabilize existing Palestinian society from within has introduced and incidious new threat. Palestinian security needs can only be met by putting an end to the Israeli occupation and by recognising and guaranteeing Palestinian self-determination and the right to self-defence against external aggression or internal subversion.

 

 

The Future of Jerusalem–A Palestinian Concept

 

The main component of my personal vision of a political settlement of the Jerusalem question is the acknowledgment that East Jerusalem is an inseparable part of the Occupied Palestinian Territories and the political, religious, geographical and cultural capital of Palestine. In the light of the current geo-political and demographic facts in the city, I strongly believe that East Jerusalem must maintain its linkage with the West Bank not only as an integral part of Palestine, i.e. the future Palestinian state, but also as its centre. West Jerusalem remains accordingly part of Israel. Under no circumstances will Palestinians accept the Israeli strategy of creating Palestinian ghettoes with East Jerusalem being one of these isolated enclaves.

 

Concerning the overall question of the future shape of the city I believe it should be an open city but not united under Israeli sovereignty. We are not interested in dividing Jerusalem but we do have de facto invisible borders between the two sides of the city. Yet, these borders are and remain permeable and porous, allowing for the free movement of all people and goods. Many maps for the development of the city have been drawn up over the years, centuries and changing administrations, and although the obvious expansion of parts of the city recently at the expense of other parts is evident, there are no generally accepted boundaries determining what is Jerusalem. I would suggest that a line be drawn along the “Green Line”, which marks the 1967 borders between the East and West, in accordance with the fact that today, despite Israel’s illegal annexation of East Jerusalem and its continuous attempts to create realities on the ground segregation predominates. There are no signs nor any acceptance of the idea of “unification” as Israeli propaganda tries to make the world believe but rather of confrontation and discrimination, with interactions between both sides taking place on a very low level of integration.

 

According to the perception of Mr. Faisal Husseini, Palestinian leader in Jerusalem, the Israeli strategy towards the city since the Declaration of Principles consists mainly of the following policies:

 

1-    Isolating Jerusalem from the West Bank under the pretext of Israeli security concerns and preventing thousands of people from reaching work, medical, educational and economic services, and religious sites.

2-    Refusal of licenses and permits inside Jerusalem which forces people to leave the city in order to set up their businesses, build their houses or practice their profession elsewhere in the West Bank.

3-    Cutting Palestinian Jerusalemites off from the rest of the world by putting pressure on foreign delegations not to meet with Palestinian political, business or professional representatives in Jerusalem, with Orient House being the main target.

4-    Restricting and crippling Palestinian activities in Jerusalem. This does not only involve threats to close down various Palestinian organizations but also the continuous enforcement of new regulations on Palestinian institutions (“Israelization”), such as demanding their subordination under Israeli rules and registration procedures, as well as their reporting of funding sources, projects, working connections and daily functioning to the Israeli authorities.

 

As a Palestinian response to these threats and in order to put forward some personal thoughts on the future of Jerusalem from a Palestinian perspective, I want to state that there are fundamental needs to be met and without once more reiterating the logical, legal or moral bases for these, I would simply urge the importance of these in the interest of peace between the two parties, Palestinians and Israelis.

These urgent and fundamental needs to be addressed are:

 

1-    An immediate freeze on any actions aimed at changing Jerusalem, be it geographically, demographically, or regarding institutions or governing laws. Needless to say, this would be in accordance with Mr. Peres’ letter to the late Norwegian Foreign Minister Holst confirming “that the Palestinian institutions of East Jerusalem and the interests and well-being of the Palestinians of East Jerusalem are of great importance and will be preserved.”

2-    A reform programme to rectify the damages in the Palestinian society caused by Israeli policies practiced for the past 27 years. Such a programme should constitute a guarantee for Palestinians to “not hamper their activity and to allow them to improve their daily lives “ (Peres-letter), and should be financially supported by all parties concerned, including Israel.

3-    To lift all measures governing the political and military state of siege on East Jerusalem and to re-open the doors of East Jerusalem for Palestinian society in order for them to regain free access to the city, free movement between the southern and northern part of the West Bank, and their right to freedom of worship.

4-    To take immediate action against all Israeli religious and political extremists threatening the Palestinian community or individuals, and to prevent them from escalating their confrontation and provocation in regard to Palestinian property and the Holy in and around the Old City of Jerusalem.

 

Once these demands are met in one way or another, the door could be open to bring the two parties, Palestinians and Israelis, together on and equal footing to discuss a common future and ways and means to share “the goods of Jerusalem”.

 

The problem of Jerusalem will not be solved unless the rights of both peoples, Israeli and Palestinian are recognized, and the occupation of East Jerusalem comes to an end. The collective rights of only one population, the Israelis, are illegitimate. There is not authority for exclusive rule or governance over the whole city and this has to be acknowledged by replacing the current pattern with a model based on sharing the city: what is needed are two capitals, two sovereignties, two municipalities and both people living independently next to each other in an open and free city: “separate and share”! Both Israelis and Palestinians have to have the right to run their own affairs independently, to function independently to make their decisions independently and to take the responsibility for their respective societies’ daily life and concerns. This is the key to coexistence. On this basis, we then can cooperate and coordinate on issues with which we are both concerned, such as water or electricity, for example: but in the last resort, it must be possible for me, as a Palestinian, to address my own authority on any matter and turn to my own elected Palestinian leadership. I am a Palestinian citizen in Palestinian Jerusalem governed and guided by Palestinian policies, laws and by laws. To achieve this end and to end hostilities, military occupation and confrontation in the holy city, peace has to be given a chance in the future, starting with mutual recognition of the claims each other to and rights in Jerusalem. We should not longer postpone this crucial issue.

 

Jerusalem has to become the capital of the Palestinian people and their future state, it is the center of Palestinian Arab sovereignty and legitimacy; it is the center of Palestinian activity, and the heart of the Palestinian struggle. Since Jerusalem lies in the north-south crescent of the West Bank, the integrity of the Occupied Territories-or the future Palestinian State- cannot be maintained without Jerusalem; without its geographic and demographic center, the unity of the whole is divided and lost. After all, a population cannot be separated lastingly from the sovereign forms for which it yearns, based on freedom, equality and self- determination. Therefore, and for the sake of our coming generations, let us start living together equally and separately in our city of Jerusalem, let us together share its goods, preserve its holy places and historical monuments, and develop the city’s economy. Let us work together for a better future!

 

 

                              

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