Adalah's Statement to the Committee on Economic,
Social
and Cultural Rights (CESCR) (November
1998)
Presented in Geneva, November
1998
The following remarks respond to the questions posed by
the CECSR to Israel, dated 10 June 1998, concerning Israel's initial report on
its implementation of the ICESCR. Adalah provides additional information and
interpretation in response to the Committee's questions and suggests other
issues for discussion by the Committee in its meeting with representatives of
the State.
MAIN POINTS
I. Racism and Hate Speech (Question 2)
A. There is a
very high incidence of anti-Arab racism and a lack of respect for Arab rights
among Jewish youth.
B. The
prosecutor's office and judiciary of Israel send citizens the message that hate
speech is not important when directed against the Arab minority.
II. Economic Rights
A. The National
Priority List (NPL), which identifies towns in need of special financial support
from the government, discriminates against Arab communities in favor of Jewish
communities.
III.
Employment Rights (Questions 33& 40)
A. Employment
figures from the public sector indicate a pattern of state-sponsored
discrimination against Arab citizens.
B.
Discrimination against Arabs is practiced by both public and private employers
by using military service as a precondition of employment, even for jobs for
which military training and experience has no relevance whatsoever.
C. Although the
Equal Employment Opportunity Act (1988) prohibits discrimination in matters of
employment, it is not enforced and has been ineffective in protecting the Arab
minority in Israel.
IV. Language Rights (Question 31)
A. Government
practices ignore the official status of the Arabic language in Israel, and
Arabic is consistently marginalized by the state.
V. Education Rights (Questions 32 &
34)
A. Although
there is a separate Arab school system, it is not independently run, and the
curriculum presently offered by the state does not provide an opportunity for
Arab students to learn about Palestinian culture and national history.
B. The lack of
an Arab university in Israel forces Arab students to study in Hebrew or in a
foreign country.
C. Arab
students are not given equal access to education in the sciences or to training
in the use of technology.
D. Academic
enrichment programs provided to underprivileged Jewish students are not offered
in Arab communities.
E. It is widely
recognized that Arab students with special needs are not adequately provided for
by the state, and that funds for special education are unequally allocated to
the Jewish and Arab school systems.
F. Arab
students are underrepresented in higher education, yet no affirmative action
programs have been instituted.
VI. Culture Rights (Questions 32 &
33)
A. Arab
citizens are underrepresented or are presented negatively by the mainstream
media in Israel.
B. There are no
publicly-funded museums and libraries which honor and preserve Palestinian
heritage.
C. Israel not
only underrepresents but has deliberately excluded the Arab minority from its
cultural life as enshrined in national symbols, location names and public
holidays.
VII. The Rights of Women (Questions
35-37)
A. The most
urgent issue on the agenda is family honor killings.
B. Arabs are
underrepresented in the recently-formed Authority for the Status of Women.
C. There are no
laws, regulations or guidelines in Israel which secure Arab women's
representation in elected or appointed bodies.
VIII. Land and Housing Rights (Questions 6, 19, 20, 23,
26-30)
Please see the chapter on "Land and Housing Rights" in
Adalah's report to the CERD Committee (March 1998).
EXTENDED STATEMENT
In reference to Committee Question
2:
I. Racism and Hate Speech
There is a high incidence of anti-Arab racism and a lack
of respect for Arab rights among Jewish Israeli youth. A survey of 400 youths,
aged 13-18, published in February 1998 by the Geocartography Institute found
that 44% of Jewish youth believe that Arab citizens should be deprived of some
or all of their rights. Nineteen percent agreed that "Arabs endanger the state's
security, and therefore we need to get rid of them," while 7% felt that "Arabs
do not deserve rights in the Jewish state." A study published in 1997 by Dr.
Ofra Mezels of Haifa University and Dr. Reoven Kal of the Carmel Institute for
Social Studies found that the curriculum taught in Jewish state schools portrays
Arabs as dangerous, as murderers, and as thieves. The researchers also stated
that anti-Arab racism appears to be on the rise among Jewish youth: In 1974, 34%
of the Jewish youth surveyed "hated Arabs," while by 1988 that figure had
increased to 39%. The prosecutor's office and judiciary of Israel send citizens
the message that hate speech is not important when directed against the Arab
minority. Research by Adalah shows that "although Israel's legal system
possesses all the necessary tools to institute criminal charges against
individuals for incitement to racism and racist speech, the Attorney General's
Office generally declines to use these powers where the speech is directed
against the Arab minority." The Supreme Court has also generally declined to use
its ability to prevent racist speech through prior restraint.
II. Economic Rights
The National Priority List (NPL), which identifies towns
in need of special financial support from the government, discriminates against
Arab communities in favor of Jewish communities. Towns on the NPL receive
significant benefits from various Ministries in the forms of extra educational
funding, mortgage grants to residents, and tax breaks to local industries. In a
petition submitted to the Supreme Court in May regarding the NPL for 1998,
Adalah argued that the designation of towns on the NPL is discriminatory and
pointed out that although 11 of the 14 Israeli towns in the lowest
socio-economic cluster are Arab, none of these towns were named to the NPL. In
many cases impoverished Arab towns were disregarded in favor of more prosperous
Jewish communities nearby; for example, Ein Mahal, with a monthly per capita
income averaging NIS 377, was ignored while nearby Natseret Illit, with an
average monthly per capita income of NIS 1039, was placed on the NPL. Moreover,
although over 80% of Israel's dropouts come from the Arab community, no Arab
towns were placed on the priority list to receive educational benefits. Adalah's
petition regarding the NPL is currently pending before the Supreme Court.
In reference to Committee Questions 33 &
40:
III. Employment Rights
Employment figures from the public sector indicate a
pattern of state-sponsored discrimination against Arab citizens. Arabs are
vastly underrepresented among Israeli civil servants: Less than 5% of Israel's
50,000 government employees are Arab. Out of a total of 641 managers of
governmental companies, only 3 are Arab (less than 0.5 percent), while out of a
total of 1059 directors of governmental companies, only 15 are Arab (less than
1.5 percent). Discrimination against Arabs is practiced by both public and
private employers by using military service as a precondition of employment,
even for jobs in which military training and experience has no relevance
whatsoever (e.g., as a lawyer for the Registrar of Associations). All Jewish and
Druze citizens, except students at the yeshivot (religious universities), are
required to serve in the Israeli military. Arab citizens from any other
religious community are barred from entering the military. Although the Equal
Employment Opportunity Act (1988) prohibits discrimination in matters of
employment, it is not enforced and has been ineffective in protecting the Arab
minority in Israel. Discrimination on the basis of national origin (i.e. against
Arabs) is the most pervasive form of employment discrimination practiced in
Israel. The Government has failed to provide statistics on this matter in its
report to the Committee.
In reference to Committee Question 31:
IV. Language Rights
Government practices ignore the official status of the
Arabic language in Israel, and Arabic is consistently marginalized by the state.
Traffic signs appear predominantly in EngliHebrew, although English is not
recognized as an official language. Often signs are not posted in Arabic even
when they appear near an Arab town. Adalah's petition concerning the use of
Arabic on national road signs is pending before the Supreme Court. Laws,
regulations, and court decisions are written and published only in Hebrew unless
translated by a private or non-governmental body.
In reference to Committee Questions 32 &
34
V.Education Rights
Although there is a separate Arab school system, it is
not independently run, and the curriculum currently offered by the state does
not provide an opportunity for Arab students to learn about Palestinian culture
and national history. The state-religious schools, part of a publicly-funded
alternative school system, devote increased class time to studying Jewish
religious heritage and history. This unspecified "religious" curriculum devotes
no extra time to Islamic, Christian or Druze studies and clearly does not serve
all Israeli public school students equally. A new curriculum, scheduled to begin
in the year 2000, provides 3 options for study of Arab culture: Arab scientific
achievements in the Middle Ages; Islamic culture and history; and Christian
culture and history. Thus, although putatively studying Arab culture, Arab
students will have no opportunity to learn about modern Arab history, politics,
or secular culture. The lack of an Arab university in Israel forces Arab
students to study in Hebrew or in a foreign country. Those students who choose
to study abroad find it extremely difficult to enter the professions in Israel,
as licensing examinations are given only in Hebrew. Arab students are not
provided with equal opportunity to study the sciences or to receive training in
the use of technology. These skills are absolutely necessary in a competitive
labor market, and lack of access to them will significantly harm Arab graduates'
career prospects. The Shahar programs, established in the 1970s to provide
academic assistance and encouragement to weaker students from low socio-economic
backgrounds, are not offered in Arab communities, despite the fact that a
disproportionate share of these students are Arab. Eighty-four percent of high
school dropouts are Arab, while only 25% of Arab students, as compared to 45% of
Jewish students, pass their matriculation exams. In May 1997, Adalah submitted a
petition to the Supreme Court to compel the Ministry to provide these enrichment
programs equally for Arab and Jewish students. A written decision on this case,
addressing the issue of whether cases of historical intentional discrimination
require a gradual or immediate remedy, is still pending. It is widely recognized
that Arab students with special needs are not adequately provided for by the
state, and that funds for special education are unequally allocated to the
Jewish and Arab school systems. Although Israel, in its report to the Committee,
has given information on public special education, the data is presented in such
a way that it is impossible to tell what funding Arab schools receive relative
to Jewish schools. Arabs are underrepresented in higher education, constituting
only 6% of university students, yet no affirmative action policies have been
insituted.
In reference to Committee Questions 32 &
33:
VI. Culture Rights
Arab citizens are underrepresented or are presented
negatively by the mainstream media in Israel. Recent research by Hebrew
University media experts Issam Abu Ria, Eli Avraham and Gadi Wolfsfeld found
that of newspaper articles dating back to 1973, only an average of 2 % regarded
Arab citizens. Of these, approximately 70% covered "disturbances": news of crime
or demonstrations. Language used to describe Arabs included "derogatory
elements, stereotypes and generalizations," and invariably presented Arabs as
"the other," in contrast to a Jewish "we." Not one Arab movie has been aired on
the Israeli cable's Family, Movie, or Children's Channels, and no programs from
Arab countries are broadcast. On public Channel 2, the only quasi-governmental
channel with a public oversight board, only 8 % (rather than 20%) of programming
is required to be "Arabic." This category includes, and mostly consists of,
foreign programming subtitled in Arabic. No Arabic programming is offered during
prime time hours, when the viewing audience is largest. There are no museums and
libraries which honor and preserve Palestinian heritage. Libraries devoted to
Arabic texts are rare. If they exist, they are small and maintained by funding
from Arab municipalities rather than the State. The Ministry of Education and
Culture cites the existence of only two museums honoring Arab culture in its
report to the Committee and these are hardly reflective of the richly varied
history and literature possessed by the Palestinian people. Israel not only
underrepresents but has deliberately excluded the Arab minority from its
cultural life as enshrined in national symbols, location names and public
holidays. The national symbols of the State of Israel (e.g. the flag bearing the
Magen David) are taken from Jewish history. Jewish religious holidays are
recognized as official public holidays, while Islamic, Christian and Druze
holidays are not afforded the same status. Names of streets and public
institutions such as airports and hospitals, even in areas with mostly Arab
populations, overwhelmingly reflect Jewish cultural heritage or Zionist history
rather than Arab culture.
In reference to Committee Questions
35-37:
VII. The Rights of Women
The most urgent issue on the agenda is family honor
killings. Arab women's organizations have documented over 50 cases of family
honor killings in last several years, but this number does not reflect the full
extent of the problem, as many women are missing, and their fate is unknown. The
Government must support national campaigns against family honor killings.
Specific attention must be paid to eradicating the myth that violent crimes
against women can be justified by "the norms of Palestinian society" or
"Palestinian culture." The defense of honor should not be considered in the
decision to investigate, prosecute, to prosecute for a lesser offense, or as a
mitigating circumstance in sentencing. The Authority for the Status of Women has
recently formed. Out of 36 seats on the Authority, only one is held by an Arab
woman, a representative of Albadeel (a coalition formed to fight against honor
killings & other forms of gender-based violence). According to the rules of
the Authority, 40% of seats must be held by men. A Sub-Committee on Minorities
was created for discussion of concerns to "Arabs, Bedouins & Druze," the
first meeting of which will be held on 18 November. Whether the Sub-Committee
will have decision-making or consultative status to the Authority is not
decided. There are no laws, regulations or guidelines in Israel which secure
Arab women's representation in nationally or locally elected bodies. Moreover,
to date, no measures have been taken by the government to support or ensure
women's representation. Each political party decides whether or not to institute
an affirmative action or quota system regarding the inclusion of women on a
party list. Out of a total of 120 seats in the Knesset, 9 are currently held by
women (down from 12 in the 13th Knesset), and none of these women are
Palestinian. Since the establishment of the State, no Palestinian woman has been
elected to the Knesset or has served as a Minister. On the local level, since
1948, only one Palestinian woman has been elected mayor of a Palestinian town.
In the local elections held on 9 November 1998, only 3 Arab women secured seats
on local councils. As to appointments to civil service posts, please see
discussion under "Employment Rights."
In reference to Committee Questions 6, 19, 20, 23,
26-30:
VIII. Land and Housing Rights
I will not address these matters because I anticipate
that they will be discussed in depth by my colleagues from other NGOs. However,
I wish to direct the Committee's attention to the chapter on "Land and Housing
Rights" contained in Adalah's report to the CERD Committee. This chapter briefly
analyses four laws dealing with land and housing which discriminate against Arab
citizens, including The Absentee's Property Law, and The World Zionist
Organization and Jewish Agency Law (Committee Questions 6 & 19). It also
offers a legal perspective on the issues of uprooted and unrecognized villages
(Questions 20, 23, and 26-30).
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER
ARTICLES 16 AND 17 OF THE COVENANT
1.
The Committee considered the initial report of Israel on the implementation of
the Covenant (E/1990/5/Add.39) together with the written replies to the list of
issues, at its 31st to 33rd meetings, held on 17 and 18 November 1998 and
adopted1 the following concluding observations.
A.
Introduction
2. The
Committee welcomes the submission of the initial report which generally conforms
to its guidelines on the preparation of reports. The Committee, however, regrets
the delay in the submission of the reports.
3. The
Committee expresses appreciation for the presentation of the State's
representatives and the additional information they provided during the
dialogue. The Committee also takes note of the extensive information submitted
to it by a large number of non-governmental organizations which was available to
the Committee for its constructive dialogue with the State Party.
B.
Positive Factors
4. The
Committee welcomes the enactment in 1995 of the National Health Insurance Law
which provides for primary health care and ensures equal and adequate health
services for each citizen and permanent resident of Israel. The Committee also
welcomes the amendment in 1996 of the same law so that housewives now receive
the minimum old-age pension while still exempt from contributions.
5. The
Committee welcomes the recent establishment of the Authority for the Advancement
of the Status of Women which is vested with advisory powers on policies to
promote gender equality, eliminate discrimination against women and prevent
domestic violence against women.
6.
The
Committee takes note of the acceptance by State Party's representatives that on
the question of the Covenant's applicability in the Occupied Territories, Israel
has direct responsibility in some areas covered by the Covenant, indirect
responsibility in others and overall significant legal responsibility across the
board. This conforms to the Committee's view that the Covenant applies to all
areas where Israel maintains geographical, functional or personal
jurisdiction.
C.
Factors and difficulties affecting the implementation of the
Covenant.
7. The
Committee notes that Israel's emphasis of its security concerns, including its
policies over closures, has hampered the realization of economic, social and
cultural rights within Israel and the Occupied Territories.
D.
Principal subjects of concern
Land
and People
8. The
Committee notes with concern that the Governments written and oral reports
included statistics indicating the enjoyment of the rights enshrined in the
Covenant by Israeli settlers in the Occupied Territories but excluded the
Palestinian population within the same jurisdictional areas from both the report
and the protection of the Covenant. The Committee is of the view that the
State's obligations under the Covenant, apply to all territories and populations
under its effective control. The Committee regrets therefore that the State
Party was not prepared to provide adequate information in relation to the
Occupied Territories.
Status
of the International Covenant on Economic, Social and Cultural
Rights.
9. The
Committee notes that economic, social and cultural rights have not been granted
constitutional recognition in Israel's legal system. The Committee is of the
view that the current Draft Basic Law: Social Rights, does not meet the
requirements of Israel's obligations under the Covenant.
Discrimination
10. The
Committee expresses concern that a excessive emphasis upon the State as a
"Jewish State" encourages discrimination and accords a second class status to
its non-Jewish citizens. The Committee notes with concern that the Government of
Israel does not accord equal rights to its Arab citizens, even if they comprise
over 19% of the total population of Israel. This discriminatory attitude is
apparent in the comparatively lower standard of living of the Israeli Arabs, as
a result inter alia of lack of access to housing, water, electricity and health
care and their lower level of education. The Committee also notes with concern
that despite the fact that Arabic has official status, it is not given equal
importance in practice.
11. The
Committee notes with grave concern that the Status Law of 1952 authorizes the
World Zionist Organization/ Jewish Agency and its subsidiaries including the
Jewish National Fund to control most of the land in Israel, since these
institutions are chartered to benefit Jews exclusively. Despite the fact that
the institutions are chartered under private law, the State of Israel
nevertheless has a decisive influence on their policies and thus remains
responsible for their activities. A State Party cannot divest itself of its
obligations under the Covenant by privatizing governmental functions. The
Committee takes the view that large-scale and systematic confiscation of
Palestinian land and property by the State and the transfer of that property to
these agencies, constitute an institutionalized form of discrimination because
these agencies by definition would deny the use of these properties by non-Jews.
Thus, these practices constitute a breach of Israel's obligations under the
Covenant.
12. The
Committee notes with deep concern the situation of the Jahalin Bedouin families
who were forcibly evicted from their ancestral lands to make way for the
expansion of the Ma'aleh Adumim and Kedar Settlements. The Committee deplores
the manner that the Government of Israel has housed these families in steel
container vans in a garbage dump in Abu Dis under subhuman living conditions.
The Committee regrets that instead of providing assurances of solution for this
matter, the State party has insisted that it can only be resolved through
litigation.
13. The
Committee notes with concern that the Law of Return, which permits any Jew from
anywhere in the World to immigrate and thereby virtually automatically enjoy
residence and obtain citizenship in Israel, discriminates against Palestinians
in the diaspora upon whom the Government of Israel has imposed restrictive
requirements that make it almost impossible to return to their land of
birth.
Employment
14. The
Committee notes with concern the rapid growth of unemployment in Israel as a
result of which more and more workers are employed in low-paying part time work
where they have little or no legal protection.
15. The
Committee notes with regret that more than 72% of persons with disabilities are
unemployed. The new Law of Equality for People with Disabilities 1998 has not
set any quota for the employment of such persons.
16. The
Committee is alarmed that only half of workers entitled to minimum wage actually
get it, and that foreign workers, Palestinians and "manpower contractor" workers
are particularly vulnerable in this regard.
Closure
17. The
Committee regrets that the Government of Israel has maintained "general
closures" continuously since 1993, thereby restricting and controlling the
movement of people and goods between Israel and the West Bank and the Gaza
Strip; between Jerusalem and the West Bank; and between the West Bank and the
Gaza Strip. The Committee notes with concern that these restrictions apply only
to Palestinians and not to Jewish Israeli citizens. The Committee is of the view
that closures have cut off Palestinians from their own land and resources
resulting in widespread violations of their economic, social and cultural
rights, including in particular article 1(2) of the Covenant.
18.
The
Committee notes with grave concern the severe consequences of closure on the
Palestinian population. Closures have prevented access to health care, foremost
during medical emergencies which at times have tragically ended in death at
checkpoints and elsewhere. Workers from the Occupied Territories are prevented
from reaching their workplace thus depriving them of income and livelihood and
the enjoyment of their rights under the Cove. Poverty and lack of food are
aggravated by closures which particularly affects children, pregnant women and
the elderly who are most vulnerable to malnutrition.
19. The
Committee is concerned at the forcible separation of Palestinian families
because of closures and the refusal of Israeli authorities to allow Gaza
students to return to their universities in the West Bank.
Permanent
Residency Law
20. The
Committee expresses its concern at the effect of the directive of the Ministry
of the Interior, under which Palestinians may lose their right to live in the
city if they cannot prove that East Jerusalem has been their "center of life"
for the past seven years. The Committee also regrets a major lack of
transparency in the application of the directive as indicated by numerous
reports. The Committee notes with concern that this policy is being applied
retroactively both to Palestinians who live abroad and to those who live in the
West Bank or in nearby Jerusalem suburbs, but not to Israeli Jews or to foreign
Jews who are permanent residents of East Jerusalem. This system has resulted in
inter alia the separation of Arab families and the denial of their right to
social services and health care including maternity care for Arab women which
are privileges linked to residency status in Jerusalem. The Committee is deeply
concerned that the implementation of the quota system for the reunification of
Palestinian families affected by this residency law, involves long delays and
does not meet the needs of all divided families. Similarly, the granting of such
a status is often a long process and as a result, many children are separated
from at least one of their parents, and spouses are not able to live
together.
Land
use and Housing
21. The
Committee is deeply concerned about the adverse impact of the growing exclusion
faced by Palestinians in East Jerusalem on the enjoyment of their economic,
social and cultural rights. The Committee is also concerned over the continued
Israeli policy of building settlements to expand the boundaries of East
Jerusalem and of population transfers of Jewish residents into East Jerusalem so
that they now out number the Palestinian residents.
22. The
Committee deplores the continuing practice by the Government of Israel of home
demolitions, land confiscations, restrictions on family reunification and
residency rights, of adopting policies which result in substandard housing and
living conditions, including extreme overcrowding and lack of civic services
which are the realities faced by Palestinians in East Jerusalem and in
particular in the old city.
23. The
Committee notes with concern the situation of Arab neighborhoods in mixed cities
such as Jaffa and Lod which have deteriorated into virtual slums because of
Israel's excessively restrictive system of granting Government permits without
which it is illegal to conduct any kind of repair and renovations.
24. The
Committee notes that despite State Party's obligation under article 11 of the
Covenant, the Government of Israel continues to expropriate Palestinian lands
and resources to expand Israeli settlements. Thousands of dunams (hectares)of
land in the West Bank have been recently confiscated to build 20 new by-pass
roads which cut-off West Bank towns from outlying villages and farmlands. The
consequence, if not also the motivation, is the fragmentation and the isolation
of Palestinian communities and facilitation of the expansion of illegal
settlements. The Committee also notes with concern that while the Government
annually diverts millions of cubic meters of water from the West Bank's Easter
Aquifer Basin, the annual per capita consumption allocation for Palestinians is
only 125 cubic meters while settlers are allocated 1000 cubic meters per
capita.
25. The
Committee expresses its concern over the plight of an estimated 200,000 uprooted
"present absentees" who are Palestinian Arab citizens of Israel, most of whom
were forced to leave their villages during the 1948 war on the understanding
that they would be allowed to return after the war by the Government of Israel.
Although a few have been given back their property, the vast majority continue
to be displaced and dispossessed within the State because their lands were
confiscated and not returned to them.
Unrecognized
Villages
26. The
Committee notes with deep concern that a significant proportion of Palestinian
Arab citizens of Israel continue to live in unrecognized villages where they
have no access to water, electricity, sanitation and roads. Such existence has
caused extreme difficulties for the villagers in regard to their access to
health care, education and employment opportunities. In addition, these
villagers are continuously threatened with demolition of their home and
confiscation of their land. The Committee regrets the inordinate delay in the
provision of essential services to even the few villages that have already been
recognized. In this connection, the Committee takes note that while Jewish
settlements are constructed on a regular basis, no new Arab villages have been
built in the Galilee.
27. The
Committee regrets that the Regional Master Plan for the Northern District of
Israel and the Plan for the Negev have projected a future where there is little
place for Arab citizens of Israel whose needs arising form natural demographic
growth, are largely ignored.
28. The
Committee expresses its grave concern about the situation of the Bedouin
Palestinians already settled in Israel. The number of Bedouin living below the
poverty line, their living and housing conditions, their levels of malnutrition,
of unemployment, and infant mortality are all significantly higher than the
national averages. They have no access to water, electricity and sanitation and
are subjected on a regular basis to land confiscations, house demolitions, fines
for building "illegally", destruction of agricultural fields and trees, and
systematic harassment and persecution by the Green Patrol. The Committee notes
in particular that the Government policy of settling Bedouins in seven
"townships" has caused high levels of unemployment and loss of livelihood.
Other
Concerns
29. The
Committee notes with regret the large gaps within the Israeli educational
system. Dropout rates are higher and eligibility for matriculation certificates
is lower within certain segments of society: Arabs, Jews in poor neighborhoods
and in development towns, where many of the residents are Jews from Asian and
African origin, including Ethiopian Jews. The Committee is concerned
particularly about the gap in educational expenditure per capita for the Arab
sector which is substantially less than the Jewish sector.
30. The
Committee notes with concern that the recently adopted Arrangements Law has the
effect of eroding the principles of universality and equality set out in the
National Health Insurance Law. The Arrangements Law imposes payments for medical
services in addition to the health tax; a periodic health tax links the amount
of tax required to the amount of health services needed thereby increasing
inequality in health care. The Committee is concerned that this provision does
not conform to the Government's avowed commitment to an equitable health care
system inspite of assurances that the Knesset sets a cap on such taxes.
31. The
Committee notes with grave concern the high incidence of domestic violence
against women which is estimated at 200,000 cases per year. The Committee is
concerned about the situation of non-Jewish women who are reportedly worse-off
in living conditions, in health and education. The Committee is concerned at
persistent reports that the Dimona nuclear plant could pose a serious threat to
the right to health and to the environment unless urgent preventive measures are
undertaken.
E.
Suggestions and Recommendations
32. The
Committee requests the State Party to provide additional information on the
realization of economic, social and cultural rights in the Occupied Territories,
in order to complete the State party initial report and thereby to ensure full
compliance with its reporting obli. Deinformation including the latest
statistical data is also requested on the progressive realization of economic,
social and cultural rights in East Jerusalem keeping in mind the concerns raised
by the Committee in the relevant paragraphs of these concluding observations. In
addition, the Committee also requests updated information on the target dates of
recognizing unrecognized villages, an outline plan for the delivery of basic
services including water, electricity, access roads, health care and primary
education, to which the villagers are entitled as citizens of Israel. The
Committee requests that the additional information should also include an update
of the Outline Plan of Ein Hod and the progress in the recognition of Arab
El-Na'im, as well as an update on the Jahalin Bedouins who are presently camped
in Abu Dis, awaiting court decision on their resettlement. The Committee
requests the submission of the detailed additional information in this respect
in time for the 23rd session of the Committee from November to December
2000.
33. The
Committee calls upon the State Party to undertake the necessary steps to ensure
the full legal application of the Covenant within the domestic legal
order.
34. The
Committee calls upon the State Party to ensure the equality of treatment for all
Israeli citizens in relation to all Covenant rights.
35. The
Committee urges the State Party to review the status of its relationship with
the World Zionist Organization/ Jewish Agency and its subsidiaries including the
Jewish National Fund with a view to remedy problems identified in para 11
above.
36. In
order to ensure the respect for article 1(2) of the Covenant and to ensure the
equality of treatment and non-discrimination, the Committee strongly recommends
a review of re-entry policies for Palestinians who wish to re-establish domicile
in their homeland, with a view to bring such policies to a level comparable to
the Law of Return as applied to Jews.
37. The
Committee calls upon the State Party to take all necessary steps to reduce
unemployment and to ensure proper enforcement of Israel's protective labor
legislation including assigning additional personnel to enforce such
legislation. Special attention should be accorded to enforcing the Minimum Wage
Law, Equal Pay for Men and Women Law, and the Equal Opportunities in Employment
Law.
38. The
Committee calls upon the State Party to complete the process of implementing the
Law of Equality for People with Disabilities and to address the problem of
accessibility to public buildings including schools, and to public
transportation for persons with disabilities.
39. The
Committee urges the State Party to respect the right to self-determination as
recognized in article 1(2) of the Covenant, which provides that "in no way may a
people be deprived of its own means of subsistence". Closure restricts movement
of people and goods, cutting off access to external markets and to income
derived from employment and livelihood. The Committee also calls upon the
Government to give effect to its obligations under the Covenant and as a matter
of highest priority, undertake to ensure safe passage at checkpoints for
Palestinian medical staff and people seeking treatment, the unhampered flow of
essential foodstuff and supplies, the safe conduct of students and teachers to
and from schools, and the reunification of families separated by closures.
40. The
Committee calls upon the State Party to reassess its Permanent Residency Law
with the view to ensure that its implementation does not result in impeding the
enjoyment of economic, social and cultural rights by Palestinians in East
Jerusalem. In particular, the Committee urges the State Party to remove the
quota system currently in place so that families separated by residency rules
can be reunited without delay.
41.
The
Committee calls upon the State Party to cease the practice of facilitating the
building of illegal settlements and constructing by-pass roads, expropriating
land, water and resources, the demolition of houses and arbitrary evictions. The
Committee urges the State Party to immediately take steps to respect and
implement the right to an adequate standard of living including housing, of the
Palestinian residents of East Jerusalem and the Palestinian Arabs in the mixed
cities. The Committee strongly recommends equal access to housing and settlement
on state land for the "present absentees" who are citizens of Israel. The
Committee recalls in this connection its General Comment No. 4.
42. The
Committee urges the State Party to recognize the existing Arab Bedouin villages,
the land rights of the inhabitants and their right to basic services including
water.
43. The
Committee calls upon the State party to undertake measures addressing the
inequalities in the educational system in secondary and university levels,
particularly in budget allocations. The Committee recommends that a study be
made on the viability of establishing an Arab university within Israel for the
purpose of ensuring equal opportunities and access to higher education in their
respective official languages.
44.
The
Committee urges the State party to adopt effective measures to combat domestic
violence against women and to promote equal treatment of women in the field of
employment, including in the Government and in education and health.
45. The
Committee requests the State Party to ensure the wide dissemination in Israel of
these Concluding Observations.
46.
The
Committee reiterates that the additional information requested in these
Concluding Observations should be submitted in time for the 23rd session of the
Committee from November to December 2000.
© Copyright 1998 Office of the United Nations High
Commissioner for Human Rights Geneva, Switzerland