This fact sheet highlights the main violations monitored and documented by youth human rights defenders in Jerusalem and Hebron in the 2020-2021 period. It includes facts and figures that point to a general systematic Israeli policy to intentionally violate religious freedoms, right to worship, right to education, housing rights, and freedom of movement, in both Jerusalem and Hebron.
Young human rights defenders monitored and documented hundreds of violations committed in Jerusalem and Hebron in 2020-2021.
This paper summarizes the main findings of this documentation through comprehensive data, facts and figures of the perpetrated violations in the areas of operation.
Violation of educational, religious, and housing rights in East Jerusalem and the Old City of Hebron
Right to Education
The right to education is one of the most important rights guaranteed by international conventions and is a common denominator among several United Nations declarations, including the Universal Declaration of Human Rights, International Covenant on Economic, Social and Cultural Rights, Convention on the Rights of the Child, Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and the Convention on the Rights of Persons with Disabilities.
Patterns of Violations against the Right to Education in East Jerusalem and the Old City of Hebron:
In the course of preparing its analytical report, MIFTAH documented several patterns of violations committed by Israeli occupation authorities against the Palestinian right to education. Examples include attacks on schools by Israeli forces and settlers, preventing students from reaching their schools due to closures and checkpoints, rise in school dropouts as a result of Israeli measures, and the Israelization of education in Jerusalem.
Attacks on Schools by Israeli Occupation Forces and Settlers in the Old City of Hebron
International humanitarian law is based on a set of fundamental principles put in place to protect civilians, including the protection of civilian venues such as schools. In the “H2” area in the Old City of Hebron, teargas is regularly used by Israeli occupation forces around Palestinian schools, as well as carrying out humiliating inspections of Palestinian students and teachers and exposing them to violence. More than 53 such violations were documented there in 2020, leading to students’ suffering of 263 physical damages and 3,623 psychological damages. It should also be noted that this relative decline in violations compared to previous years was due to the disruption of schools for several months as a result of the COVID-19 pandemic. The Israeli violations in the 2019-2020 period were categorized as follows:-
|
Violation
Year |
Stopping pupils at checkpoints and searching them intensively |
Throwing teargas and stun grenades |
Harassing pupils |
Running over or trying to run over pupils |
Raiding schools |
Denying the passage of pupils or teachers/ workers |
Physical harm |
Nuisance without direct contact |
Injury |
Arrest |
Material/ financial damages |
|
2019 |
66 |
96 |
23 |
8 |
14 |
18 |
20 |
20 |
4 |
13 |
4 |
|
2020 |
19 |
5 |
7 |
2 |
3 |
3 |
4 |
10 |
2 |
6 |
0 |
- The lack of safe access to education has serious implications for children, such as lowering their level of school attendance, increasing school dropout rates, displacement of families, separation of family members as they search for solutions that guarantee their children’s access to school in other locations, etc.
Such practices, especially those which directly target students, constitute a grave violation of the Convention on the Rights of the Child, which was ratified by the State of Israel. For example, Article (2) of this convention explicitly notes that states parties shall refrain from practicing discrimination of any kind against children, irrespective of their parents’ religion, national origin, political opinion, etc.
- The various practices of Israeli occupation authorities in the Old City of Hebron are an attack on human dignity. For example, the degrading isolation of Hebron’s Old City neighborhoods from adjacent areas, and surrounding them with checkpoints and security gates, made Hebron a large prison for its residents, who live in a state of permanent siege. Moreover, the daily searching of Old City residents at military checkpoints in an inhumane manner - especially children on their way to or from school - is a fierce blow to their human dignity.
- These humiliating practices, which greatly affect the dignity of “H2” residents [in Hebron], constitute a flagrant violation of Article (3)(1)(c) of the Fourth Geneva Convention, which prohibits all attacks on people’s personal dignity “at any time and in any place, in particular humiliating and degrading treatment”.
Israelization of Educational Curricula in Jerusalem:
In 2018, the Israeli government allocated 2 billion Shekels to implement a five-year plan to enhance its control and domination over East Jerusalem. The bulk of this amount was allocated to Israelize the Palestinian educational system and curricula, based on a plan that pressures Palestinian schools to move from the Palestinian educational curriculum to the Israeli one.
The Israeli government allocated approximately 68.7 million Shekels for supporting schools that teach the Israeli curriculum, in addition to 57.4 million Shekels for developing and maintaining schools that chose this curriculum. Moreover, 67 million Shekels were allocated for renting buildings for these schools, as well as 15 million Shekels for teaching Hebrew. The Israeli government also focused on building new schools dedicated solely for teaching the Israeli curriculum. This was done in light of the great shortage of classrooms and the dire need for new schools to accommodate the growing Palestinian population in East Jerusalem.
Among the methods used by Israeli authorities to Israelize the educational sector is their changing of the approved curriculums. This took place especially after 2015, when they started obliging Jerusalemite schools to use the curriculums issued by the Israeli Ministry of Education. The Israeli government also distributed the new curriculum books to several “private” schools in Jerusalem. They also threatened that, if any schools do not comply with this decision, they will be closed down and have their teachers terminated. Statistical information in 2019-2020 shows that, in East Jerusalem, there are 50 schools that teach the Israeli curriculum fully or partially or which were established by Israel to adopt the Israeli education system. These 50 schools include about 8,300 students.[1]
The table below shows the number of Israeli distortions and falsifications of the Palestinian curriculum in Jerusalem:
|
Subject |
Number of Books |
Number of Falsifications |
|
Islamic Studies |
8 |
35 |
|
Arabic |
12 |
221 |
|
Social Studies |
6 |
235 |
|
Socialization (Social Upbringing) |
4 |
90 |
|
National and Life Education |
4 |
32 |
|
Science and Life |
10 |
26 |
Right to Freedom of Movement
International human rights covenants are keen on protecting people’s right to movement, as seen in the provisions of protection in the International Covenant on Civil and Political Rights.
In Hebron:
- About 30% of Palestinians in the “H2” area controlled by the Israeli occupation (approximately 12,000 Palestinians) live in neighborhoods adjacent to settlement blocs and suffer from severe restrictions that limit their ability to access this area.
- Currently, there are more 100 physical barriers in this area, including 20 “full-time” checkpoints and 14 partial checkpoints separating settlement areas from the rest of the city. There are also several roads in this area which are designated solely and exclusively for settlers’ use, while prohibiting Palestinian vehicles from traveling in them. There are also streets where Palestinian pedestrians are not allowed to walk on.
- As a result of these heavy restrictions and measures, the residents of one-third of houses in the access-restricted area, totaling 1,105 residential units, have abandoned their houses. Furthermore, the Israeli occupation authorities closed down approximately 500 establishments in this area through military orders, and at least 1,100 other establishments were closed by their owners due to the imposed restrictions.
- Israeli occupation measures constitute a blatant violation of Article (13) of the Universal Declaration of Human Rights (1948) and Article (12) of the International Covenant on Civil and Political Rights. Furthermore, the restrictions on people’s freedom of movement seriously affect Palestinian lives and amount to collective punishment, in contravention of Article (33) of the Fourth Geneva Convention.
Right to Housing:
- From 1967 until the end of June 2021, Israeli occupation authorities demolished approximately 2,350 residential establishments, leading to the displacement of 10,085 individuals, including numerous children.
- According to B’Tselem organization, the year 2020 witnessed the demolition of 121 homes in Jerusalem within the Annexation and Expansion Wall, thus displacing 610 persons, including 311 minors. It is also worth noting that Israel destroyed 83 homes in the first half of 2021, leading to the displacement of 232 persons, including 117 minors.
- The Israeli policy of house demolitions in East Jerusalem is a clear violation of international law, especially Article (147) of the Fourth Geneva Convention, Article (17) of the Universal Declaration of Human Rights, and Article (11) of the International Covenant on Economic and Social Rights.
Freedom to Access Holy Sites:
The Hague Convention of 1954 for the Protection of Cultural Property called upon the High Contracting Parties “to respect cultural property situated within their own territory as well as within the territory of other High Contracting Parties, by refraining from any use of the property and its immediate surroundings or of the appliances in use for its protection for purposes which are likely to expose it to destruction or damage”. International jurisprudence also condemned the desecration of houses of worship and their destruction, sabotage, closure, or any other behavior that damages such sites under occupation. It also obligates the occupying power to respect the religious rights and beliefs of occupied civilians, and to refrain from destroying or plundering houses of worship or disrupting religious rites and rituals therein.
Attacks against Al-Aqsa Mosque and Muslim Worshipers:
Violent attacks usually take place during the frequent incursions on Al-Aqsa Mosque, with the presence of several Israeli government ministers, Knesset members (“MPs”), Israeli officials, soldiers, intelligence officers, settlers, Jewish extremist groups, and so-called Temple organizations. Sieges and restrictions on worshipers are also imposed in Al-Aqsa Mosque. This includes preventing Muslims from entering their mosque; conducting brutal attacks, arrests, and investigations; and issuing bans on hundreds of Palestinians from Jerusalem and 1948 areas.
The following table includes figures about these violations, especially bans, bearing in mind that bans against Palestinians usually range from one week to six months:
|
Year |
Numbers of settlers breaking into Al-Aqsa Mosque |
Number of Waqf employees banned from entering Al-Aqsa Mosque |
Number of Jerusalemites banned from entering Al-Aqsa Mosque |
Number of persons barred from entry to Jerusalem |
Number of persons barred from entry to the Old City |
|
2019 |
29,610 |
60 |
355 |
10 |
44 |
|
First half of 2020 |
6,701 |
7 |
206 |
6 |
24 |
One of the worst violations against Al-Aqsa Mosque was the Israeli court order (issued on July 13, 2020) to close down the Bab al-Rahma prayer site. During that period, and following the ensuing events, the number of persons banned from entering Al-Aqsa Mosque reached approximately 150 guards and mourabitoun [defenders of holy sites].
In the first half of 2021, a total of 257 [Israeli] decisions were issued to ban Palestinian residents and Waqf employees from entering Al-Aqsa Mosque. Also, the months of May and June 2021 saw seven raids on Al-Aqsa Mosque by Israeli authorities. For example, May 2021 witnessed consecutive incursions on Al-Aqsa Mosque during the Isha and Taraweeh prayers [at night] and after the Fajr prayer [at dawn]. Attacks were carried out on Muslim worshipers “with teargas canisters, stun grenades and rubber bullets, as well as pushing them around and beating them with batons”. During that period, Israeli forces evacuated most of the worshipers by force within a few days, leading to hundreds of injuries, including serious ones. For example, there was the witnessing of several heavy injuries in the eyes, head, and face.
Attacks against Palestinian Christians during Christian Holidays:
- Assaults by Israeli Police personnel and settlers against Christian clergy and worshipers have become quite common in Jerusalem. This includes beatings, spitting, insults and cursing at churches and in different streets in Jerusalem. These violations often take place during Christian holidays, such as the Easter Light Ceremony (“Holy Saturday”), when the Israeli occupation forces close down the Holy Sepulcher Church and perpetrate countless attacks against Christian worshipers. The most recent of these violations was the Israeli Police’s violent attacks on dozens of local Christians during the Holy Saturday prayers in May 2021.
Violations of the Freedom of Worship at the Ibrahimi Mosque:
- The Ibrahimi Mosque is surrounded by 12 Israeli military checkpoints and two stations for the Police and Border Guard (“Magav”). In 2020, Israeli occupation authorities prevented the call to prayer (“adhan”) from Ibrahimi Mosque minarets 602 times, not to mention the repeated incursions by the Israeli Prime Minister, Minister of Defense, and settlers, as well as conducting military drills inside the Ibrahim Mosque compound. Other serious violations were also committed there.
- Among the most severe contraventions perpetrated by Israeli authorities at the Ibrahimi Mosque is obstructing the passage of Palestinians on their way to the Friday prayer due to the countless military checkpoints at the entrance of Hebron’s Old City. This greatly disrupts their entry into the mosque in different periods of time, under weak security pretexts.
- The aforementioned practices constitute a flagrant violation of the freedom of worship and right to practice religious rituals, which were guaranteed by international laws and conventions. For example, the Israeli measures are inconsistent with Article (27) of the Fourth Geneva Convention, which obliges the occupying power to respect the occupied people’s right to practice their religious rituals. These actions also contradict with Article (53) of Additional Protocol I to the Geneva Convention (1977), which prohibits the committing of any acts of hostility against places of worship that constitute the cultural or spiritual heritage of peoples.
Forced Displacement in Jerusalem
- The Judaization of Jerusalem is one of the main strategic priorities of Israeli occupation authorities. In fact, “Judaization” is the most decisive factor in Israel’s war for the elimination of Arab-Islamic presence in Jerusalem. In order to achieve this objective, Israel is using all available means to change the geographic, historic, demographic, and cultural character of Jerusalem. Among the most dangerous methods used by the occupation is the “forcible displacement” of Palestinians in Jerusalem.
- Israeli authorities utilise their different agencies and institutions during the systematic implementation of their strategic plan. Within this framework, they formulate colonialist plans and ideas to deport Palestinians from Jerusalem. This was recently escalated by Israel’s adoption of major colonialist plans to coercively Judaize Jerusalem and ethnically cleanse its indigenous population. These plans include the notorious Silicon Wadi project and the City Center project.
- Israeli authorities and their related institutions – especially the Municipality of Jerusalem – are implementing major economic plans and projects to tighten their regulatory grip on properties in Jerusalem through the restriction of building expansion. This is done to minimize the number of Palestinians in politically sensitive areas that may affect the final status resolutions and visions for Jerusalem.
- Israeli occupation authorities also use the revocation of residency policy (such as revoking I.D. cards) as a hostile mechanism to forcefully displace Palestinians and maintain what is called the “demographic balance” in Jerusalem (maintaining a Jewish majority of at least 70% in Jerusalem).
- From 1967 until the end of 2020, the number of Palestinian Jerusalemites who suffered from residency revocation was 14,643.
- The forcible displacement policy adopted by Israeli occupation authorities against Palestinians is in clear breach of the Fourth Geneva Convention, especially Articles (45), (46) and (49), which prohibit individual or mass forcible transfers, as well as deportations, of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, regardless of their motive.
***
[1] Note: Currently, there are 12 schools established recently by Israel in East Jerusalem and which completely apply the Israeli educational system, as stated in reports issued by the Palestinian Ministry of Education. However, a fact sheet published by the Jerusalem Education Forum mentioned that there are 50 schools in East Jerusalem that apply the “Bagrut” system fully or partially. Therefore, 12 of them use the Bagrut system fully, whereas the rest (38) use it partially (such as opening special classrooms for the “Bagrut”, while the rest of classrooms would use the Palestinian curriculum).
To View the Full Factsheet as PDF
Healthcare Restricted: Female Cancer Patients in Gaza
Date posted: June 07, 2023
By MIFTAH
Background:
The Israeli-imposed siege and the frequent aggressions targeting medical facilities in Gaza have debilitated the health sector and its capacity to provide proper medical services. This is exacerbated in cases of chronic diseases, which gives rise to a need to leave the Gaza Strip to receive medical treatment in the occupied West Bank, including Jerusalem, or elsewhere. However, Israel imposes a strict and discriminatory permit regime, which has a disproportionate impact on medical patients given their conditions, and it is not unusual for these permits to be significantly delayed or ultimately refused by Israel.
The Palestinian Initiative for the Promotion of Global Dialogue and Democracy (MIFTAH) collected questionnaires from 102 women diagnosed with cancer in the Gaza Strip to assess the quality of the treatment, availability of equipment, accessibility, and referral process.
The full report is accessible here.
Conclusion and recommendations:
The 16-year-long Israeli-imposed blockade and closure on Gaza have had detrimental impacts on the health sector in the besieged Strip. Specifically, the siege has compromised the ability of the healthcare sector to deliver proper medical services due to the absence of crucial medication, equipment, and supplies under flimsy security pretexts. Ultimately, frequent aggressions and targeting of health facilities and the Israeli-imposed siege on Gaza compromise the availability, accessibility, and quality of healthcare services available to Palestinians in Gaza.
MIFTAH urges the international community to:
- Put an end to Israel’s impunity and hold it accountable for its persistent crimes, including the crime against humanity of apartheid, through the adoption of effective and concrete measures;
- Exert pressure to lift the blockade on the Gaza Strip and allow for the free movement of people and goods;
- Ensure the urgent implementation of UNSCR 1325 to provide immediate protection for Palestinian women and to put an end to Israel’s impunity;
- Support the UN Special Rapporteur in the oPt, the International Court of Justice’s advisory opinion, the ICC investigation and the UN Commission of Inquiry.
The summary factsheet is accessible here.
Financial indicators for the Family Protection Bill
Date posted: May 17, 2023
By MIFTAH
The legislation of the family protection bill is aimed at the protection of the family itself as an institution, and to guarantee its preservation. Palestinian legislators are aware of the importance of this bill, which is why all ministries and official institutions committed to developing its relevant programs, policies and plans, each according to their field of expertise. Their goal is to contribute to the promotion of a culture that combats domestic violence and encourages the response of public policies to this objective, through education, health, legislation and the media. Another objective is to track the bill’s impact and periodically assess it in cooperation with other civil societies. This paper focuses on some of the financial indicators pertaining to this bill.
All family members in Palestine are subjected to violence, including children, minors, women and men. However, married women remain the sector most vulnerable to domestic violence according to a 2019 Palestinian Central Bureau of Statistics survey. It said 29.4% of married women had been subjected to at least one type of violence by their husbands as opposed to 13% of men who had been subjected to violence by their wives, by their own confession. A total of 44.7% of individuals who have never been married have been subjected toviolence;7.6% of the elderly and 44.2% of children(12-17yearsold) were the victims of violence at the hands of one of their parents. Although a high percentage of women have been victims of violence from their spouse, a considerable percentage of these women, around 60.3% preferred to stay silent about the assault. Only a small percentage of women asked for help through official avenues; 2.9% went to a defence lawyer to file a lawsuit against their husbands, 1.3% went to the police or a family protection unit and 1.4% went to the centres for mental, social and legal aid.
Financial indicators for the Family Protection Bill
| Article of Bill/Law by Decree | Relevant party | Estimated cost |
| Article(4) specialization of Ministry of Social Development: The Ministry, in cooperation with government and civil society organizations, provide the following services to victims of domestic violence: 1.Protection and fulfilment of needs of the victim; economically and socially empowering her and reintegrating her in society in order to preserve the family fabric, while ensuring not to equate the victim with the perpetrator. 2.Appointing protection counsellors in all directorates and qualifying them to deal with domestic violence cases 3.Providingsocial, psychological and legal experts to provide victim support 4.Ensuringthe provision of social, psychological, health and legal services to domestic violence victims in coordination with relevant parties. 5.Preparing rehabilitation programs for perpetrators of domestic violence crimes 6.Coordination and cooperation with government and civil society organizations to provide the necessary training for the enforcers of this law by decree. Preparing the necessary preventative plans and programs against domestic violence |
Ministry of Social Development | ILS12 million over 3 years on average of ILS4 million year, based on a study prepared by the Ministry of Social Development |
| Article 6: Family and Minors Protection Police: In accordance with the provisions of this bill/law by decree, a family and minor protection police will be established, with branches set up in all districts of the homeland. It’s specializations are the following: 1.Goingtothe place of the domestic violence incident when the informer states that the violence has occurred, is about to occur is ongoing; or in case of violation of a restraining order, even if the informer is not the victim 2.Providingfree 24-hourhotlinestohelp victims |
Palestinian police and Family and Minors Protection Department
Reform and Rehabilitation Centres Department |
ILS7.3 million/year (the study is based on the number of those working in the family and minors protection department and their mean salary)
ILS1.3 million/year (the study is based on the number of those working in reform and rehabilitation enters, which includes special sections for women boarders) |
| Article7: Family Protection Prosecution 1.In accordance with the provision of this bill/law by decree, a prosecution’s office will be established to follow up on domestic violence cases in all districts and will operate under the supervision of the Attorney General in accordance with penal measures in force. 2. This family protection prosecution office will promptly investigate domestic violence incidents while also preserving the privacy and dignity of the victim |
Family Protection Prosecution | ILS1.7 million, based on the number of relevant prosecution agents and their mean salaries |
| Article10: parties qualified to issue restraining orders 1.Restrainingorders will be issued by the following parties of their own accord: a. Family Protection Prosecution b. The presiding judge |
Presiding judges | ILS1.9 million, based on the number of judges and their mean salaries |
| Total expected estimated cost | ILS16.2 million |
The table above shows that the estimated and main additional cost of the Ministry of Social Development to be around ILS4 million a year, considering that the other parties (police, prosecution and courts) are currently carrying out their roles without fully allocating specialized departments for protection from violence. However, if these parties do allot specialized departments for protection from violence, overall costs will reach approximately ILS16.2 million. Nonetheless, even if this cost is incurred, it still only comprises a small part of public expenditures, approximately 0.1%. Overall public expenditures for 2022 amount to approximately ILS16.2 billion, which means the cost of passing this bill and implementing its provisions will not constitute financial burden on the general budget and will not be an obstacle to ratifying the law by decree.
Furthermore, it should be noted that while it is imperative to calculate some of the costs resulting from violence against women, the reaerate the high costs as well. The secret social costs, which impact society as a whole. Data from the Ministry of Social Development showed (see graph), that violence exercised against women has prompted around 60% of them to flee their homes. Also, 18% of them attempted suicide in addition to suffering from mental and physical illnesses, unwanted pregnancies or others. Calculating expenses incurred from violence is not an easy process and there are no national data or figures that can measure the impact violence has on the state’s general budget due to the prevalent mentality towards violence as an issue associated only with women. This is especially true when the conversation is about the indirect and intangible effects of violence, including:
Violations of human rights; negative social, economic and political impacts; working women who get sick and need to take sick leave; lack of focus and productivity; impact of violence on children and academic failure; the rise in the percentage of school dropouts among children; the rise in long-term unemployment rates; the percentage of homeless children who become a burden on society; government expenditures for medical treatment; safehouses; therapy; monitoring cases of violence against women; individual expenses for following up on legal cases and lawyer fees; loss of income because of repeated absence from work or inefficacy; social expenses resulting from the breakup of the family; expenses of training individuals on how to deal with cases of violence; expenses for issuing laws and legislation on the protection of women from violence.
Confirmation of the above is that the UN believes the economic, social and health costs of violence against women are, to a large extent, undocumented and unrecognized. However, these remain colossal, according to researchers, specialists and defenders of women’s rights.
To view the full factsheet as PDF
Israeli state-sanctioned settler terrorism: A gendered lens
Date posted: April 26, 2023
By MIFTAH
Background:
The illegal Israeli settlement project, including settler-only bypass roads, military checkpoints, and the annexation wall, continues to expand and steal more Palestinian land and resources. As of today, the number of illegal Israeli settlements in the occupied West Bank, including Jerusalem, is close to 300, with around 750,000 Jewish settlers residing in them.
Israeli state-sanctioned settler terrorism against Palestinian civilians and property is prevalent and has been on the rise in recent years. Violence takes the form of psychological, physical, and verbal violence, including beating, throwing stones or sharp tools, intimidation, shooting, verbal assaults, and assaults on agricultural lands, cars, and homes. Such attacks are committed in the presence of Israeli occupation forces who often join them.
The high frequency of these forms of violence and their persistence give rise to psychological, physical, and material harm. Palestinian survivors of settler terrorism seldom press charges and file complaints against Israeli settlers given the complicity of the Israeli law enforcement system.
The Palestinian Initiative for the Promotion of Global Dialogue and Democracy (MIFTAH) and the Women’s Center for Legal and Counseling (WCLAC) collected questionnaires from 229 Palestinian women covering settler violence in the occupied West Bank governorates of Al-Khalil/Hebron, Bethlehem, and Jerusalem.
MIFTAH calls on the international community to:
Put an end to Israel’s impunity and hold it accountable for its persistent crimes, including the crime against humanity of apartheid, through the adoption of effective and concrete measures;
Stop all relations and trade with illegal Israeli settlements including international companies that profit from them;
Criminalize and blacklist Israeli settler groups that engage in terrorist activities and hold those with dual citizenship accountable in their respective states;
Ensure the urgent implementation of UNSCR 1325 to provide immediate protection for Palestinian women and to put an end to Israel’s impunity;
Support the UN Special Rapporteur in the oPt, the International Court of Justice’s advisory opinion, the ICC investigation and the UN Commission of Inquiry.
