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UN CESCR: Israel Should Fully Respect Arab Bedouin Rights to their Ancestral Lands

08/12/2011
The UN Committee on Economic, Social and Cultural Rights (CESCR) issued its Concluding Observations on Israel in December 2011. This human rights body monitors State Party compliance with the International Covenant on Economic, Social and Cultural Rights (ICESCR) (E/C.12/ISR/CO/3). Israel is bound by the ICESCR, which it ratified in 1991.

The UN Committee on Economic, Social and Cultural Rights (CESCR) issued its Concluding Observations on Israel in December 2011. This human rights body monitors State Party compliance with the International Covenant on Economic, Social and Cultural Rights (ICESCR) (E/C.12/ISR/CO/3). Israel is bound by the ICESCR, which it ratified in 1991.

A number of the Concluding Observations (COs) issued by the Committee contained strong criticism of Israel's right violations committed against the Arab Bedouin in the Naqab, and raised concerns regarding unemployment and poverty rates, the right to education, and the ban on family unification, as they affect Palestinian citizens of Israel.

The COs followed the Committee's review of Israel in November 2011 in Geneva. At the review sessions, Adalah Attorney Sawsan Zaher gave presentations detailing Adalah's key concerns about Israel's failure to comply with the ICESCR regarding the rights of Palestinian citizens of Israel from Adalah's two NGO Reports in NGO meetings with the Committee.

Numerous issues raised by Adalah were adopted by the Committee. The COs and recommendations issued by the Committee on Palestinian Arab citizens of Israel include the following:

The Arab Bedouin in the Naqab (Negev)

  • The Committee raised concern about the Prawer Plan and recommended that Israel, "ensure that the implementation of the Plan does not result in the forceful eviction of Bedouins. The Committee also recommends the State party to officially regulate the unrecognized villages, cease the demolition of buildings in those villages, and ensure the enjoyment of the right to adequate housing" (CO 27).
  • "The Committee recommends that the State party continue to take measures to improve the situation of Bedouin women and girls with regard to their access to health care, education and employment" (CO 30).
  • "The Committee also urges the State party to intensify its efforts to lower the infant and maternal mortality rates among the Arab Israeli and Bedouin population groups" (CO 31).
  • "The Committee is concerned that the measures adopted by the State party to relocate the Arab-Bedouin villages in new settlements will negatively affect their cultural rights and links with their traditional and ancestral lands. The Committee recommends that the State party fully respect the rights of the Arab-Bedouin people to their traditional and ancestral lands" (CO 37).

Unemployment and poverty rates

  • "The Committee is concerned about the continuing obstacles to employment by the Arab Israeli population, the considerably higher levels of unemployment rates of the Arab Israeli population… The Committee recommends that the State party take immediate steps to increase employment opportunities in towns and villages for Arab Israelis" (CO 9).
  • "The Committee is concerned about the persistent and significant wage disparities between the Arab Israeli and the Jewish population groups… The Committee is also concerned that approximately 12 percent of Arab Israelis are paid below the minimum wage… The Committee reiterates its previous recommendation that the State party take measures to eliminate inequalities in wages between Jews and Arab Israelis, in conformity with principle of equal pay for work of equal value" (CO 14).
  • "The Committee is concerned about the high incidence of poverty among families in the State party, in particular among the Arab Israeli population… The Committee recommends that the State party establish a comprehensive policy to address the problem of poverty and social exclusion" (CO 24).

The right to education

  • "The Committee recommends that the State party intensify its efforts to lower the high drop-out rate for Arab Israeli and Bedouin children… [and] that the State party take the necessary measures to address the serious shortage of classrooms in schools for Arab Israeli children" (CO 33).

Family unification

  • "The Committee is concerned that the Citizenship and Entry into Israel Law (Temporary Provision) 5763-2003, as amended in 2005 and 2007, imposes severe restrictions on family reunification. The Committee urges the State party to guarantee and facilitate family reunification for all citizens and permanent residents irrespective of their status or background, and ensure the widest possible protection of, and assistance to, the family" (CO 20).

In addition, the Committee noted with concern that Israel has not yet followed up on most of the recommendations it made to Israel in the previous review in2003 (CO 5), and that the rights protected by the ICESCR have not been incorporated into Israel's domestic legislation (CO 6). In addition, the Committee reminded Israel of "its obligation to report and to fully guarantee and implement the Covenant rights for allpersons in all territories under its effective control" (CO 3).

For information on Adalah's participation in the Committee's sessions

For information on the UN CESCR session and meetings with the NGOs, see:

http://www.unog.ch/unog/website/news_media.nsf/(httpNewsByYear_en)/4F5BD58878631D30C1257948
005EF07C?OpenDocument 
http://www2.ohchr.org/english/bodies/cescr/cescrs47.htm http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=11615&LangID=E

Overview of the session by FIDH

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