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Hagit Ofran

Hagit Ofran

Posted: March 30, 2010 12:17 PM

No, They Can't: Palestinians Can't Live and Build in West Jerusalem

What's Your Reaction:

One argument for Jewish settlement of East Jerusalem that is heard quite often is based on a principle of civil rights: Jews should be able to build their homes in East Jerusalem because Palestinians are able to build theirs in West Jerusalem. "There can't be a situation where only Jews are prohibited from building in Jerusalem, while Arabs are allowed to both build and buy," said Minister Lieberman this week in the Israeli media. It's time to tell the truth: Palestinians can't really buy and build freely in West Jerusalem.

Take a look for instance, how the mayor of Jerusalem, Nir Barkat, is trying to sell this excuse, when the anchor did some homework.

Before I explain, let me say that even if it was true that Palestinians could buy properties in West Jerusalem, still, it would be against the Israeli interest to continue to settle in East Jerusalem. In order to get to a two state solution we will have to compromise in Jerusalem so that the Israeli neighborhoods will be part of Israel's capital, and the Palestinian neighborhoods will be part of the Palestinian capital. If we continue the construction for Israelis in East Jerusalem, we might end up without a possibility to make a compromise in Jerusalem, and that would lead to a bi-national state.

Now to the facts: The truth is that West Jerusalem is effectively closed to Palestinian ownership. Why?

  1. East Jerusalem's Arab residents are not citizens of Israel. They are permanent residents of Israel, have the right to live, work, pay taxes and receive services from the State of Israel, and even to vote for the Jerusalem municipality, but they cannot vote for the Knesset (the Israeli Parliament) and do not hold Israeli passports.

  2. Most of the Lands in West Jerusalem and in Israel are "State Land" and are administered by the Israel Land Authority (the ILA).

  3. According to the official procedures of the ILA, anyone who wants to buy or lease land from the state must be either a citizen of Israel or must be entitled to citizenship under the Law of Return, which allows Jews who were not born in Israel to obtain Israeli citizenship. East Jerusalem's Arab residents do not fall into either category.

In the standard agreement of the Israel Land Authority, when one buys land from the state (which is actually a long term leasing agreement), article 19A(3) says that if the buyer is not one of the above the agreement is annulled, unless the buyer obtained an authorization in advance and in writing from the chair of the Israel Land Council.
The instructions of the director of the ILA from 12/1/09, specifies the special procedures for selling/leasing to foreigners. A special committee must confirm it, and the chair of the Israel Land Council should authorize it.

So, who can buy houses and lands in West Jerusalem? Jews and Israeli citizens. It is true that 20% of the Israeli citizens are Arab, and they can buy properties in any place in Israel. But this is not a privilege but a basic right of every citizen no matter what his ethnic background.

And another thing, even in East Jerusalem, in the Israeli neighborhoods that Israel built after 1967 on lands confiscated from the Palestinian owners, Palestinians from East Jerusalem can't simply buy properties, because it is also considered "State Lands."

For more bogus excuses see here

Co-authored by Kate Stoia.

 

Follow Hagit Ofran on Twitter: www.twitter.com/hagitofran

 
 
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07:13 AM on 03/31/2010
This is a great piece, Hagit--all facty and whatnot :-) That reminds me, I haven't donated to you all in a while--I'll try to do that soon.
11:49 PM on 03/30/2010
Having the right and exercising that right are two different things. At every turn Israeli Palestinians are stopped.
05:56 PM on 03/30/2010
The basic facts underlaying Ms Ofran's blog is that, because of Israel's fraudulent and illegal "annexation" of a large part of the West Bank under color of uniting Jerusalem, the vast majority of Palestinians living in that 27 square mile area are treated as resident aliens in the places where they were born and where their ancestors were born for generations.
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SpoonieLuv
I am defending myself, in favor of THAT
03:29 PM on 03/30/2010
No taxation without representation. The Palestinians have every right to resist the aggression of Israeli militant groups. To deny such is to deny the principles upon which this very Republic was founded.
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chaimschwartz
04:59 PM on 03/30/2010
And they have every right to LOSE again! Then what??
11:33 PM on 03/30/2010
Thank God that all Israelis are not like you.
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jwcmass
I dream of things that never were and ask Why not
07:09 AM on 04/02/2010
chaim,

If the Israeli government decides to essentially keep building settlements in the WB and East J'lem, (as the settler ideology, with its goal of "Greater Israel" calls for) then the Palestinians don't HAVE to fight -- indeed all they have to do is wait.

Surely you are aware of the demographic trends. (I guarantee you the Palestinians are).

If there is no peace along a two-state solution, which the PA IS still willing to take (but it WILL mean giving up the settlements and most of East Jerusalem-- IMO the OLD City should be shared -- joint sovereignty, if you will, then, as Israeli Defense Minister Barak has pointed out there will be only two possible outcomes:

Either Israel will become an apartheid state (his words) with the Palestinians in a permanent non-citizen state (with little or no rights) -- and I would have you ask South Africa how that turned out -- the sanctions ruined their economy, and don't think Israel would escape the same.

OR Israel would become a single, bi-national state -- WITH AN EVENTUAL PALESTINIAN MAJORITY!

And I don't have to explain what that means in a democracy.

ctd
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chaimschwartz
05:02 PM on 03/30/2010
What does THIS Republic have to do with THEM???
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Manchurian
With Liberty and Justice for All
05:40 PM on 03/30/2010
I think the underlying message is that we, as Americans, believe in the principles upon which our great nation was founded. When a country denies its occupants the rights in which we believe, we are offended - especially when our money and technology is used to support that country.

In other words, if the US is to support Israel, we expect Israel to ensure equal rights for all people under its control. It's the American way.
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SpoonieLuv
I am defending myself, in favor of THAT
06:26 PM on 03/30/2010
What does this Republic have to do with a backwater of religious fundamentalism like Israel? We have no business in the Middle East whatsoever. Nothing good has ever come out of the region, only violence predicated upon superstition.
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Rianna
02:32 PM on 03/30/2010
Buying land is one thing, but seizing lands to build illegal settlements, against the advice of an ally, who wants to initiate peace talks, is entirely different. It is the wrong move.
02:05 PM on 03/30/2010
"It is true that 20% of the Israeli citizens are Arab, and they can buy properties in any place in Israel. "

These are your words. It would seem that the Israelis treat Arabs far better than any Arab country treats Jews.
04:21 PM on 03/30/2010
Parducci, you have just given yourself away - these Arabs are Israelis. However, other Arabs just a few miles away are not treated so well, wouldn't you agree?
06:26 PM on 03/30/2010
The paradox is that Arabs in the eastern half on Israel occupied Jerusalem [fallaciously claimed as part of Israel] are considered foreigners not eligible for naturalization under the Law of return. They need permission to leave the area and are not assured of permission to return if they do leave.
Arabs living outside of Israeli "annexed" area with property within it, of which there are many because Israel was choosy about what it took -- often annexing the lands belonging to an Arab village while leaving the villages in the non-annexed West Bank without even residential rights. Since the owners were not allowed to "infiltrate" Israel by going to use their property it was taken by the State and and came under the control of the ILA and subject to the conditions described by Ms Ofran.
02:33 PM on 03/31/2010
And how are the Jews in the Arab countries treated?
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chaimschwartz
05:03 PM on 03/30/2010
The Isreal bashers KNOW that's true...but will NEVER admit that here!
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Manchurian
With Liberty and Justice for All
05:56 PM on 03/30/2010
Though I certainly don't think of myself as an Israel basher (or "Isreal basher," as you put it), I am very critical of Israel's treatment of the Palestinians, because I believe it is in Israel's own best interest to achieve peace with the Palestinians - and because I believe peace can only come through justice, including the inalienable and universally recognized right of return for refugees.

But for your sake, chaim, I, for one, will certainly "admit" that while they do not have equal rights, Israeli Arabs are, for the most part, treated better in Israel than Jews are treated in many Arab states. However, there are countries like Morocco and others that are notable for their respect for and treatment of their Jewish citizenry. As is noted in a wikipedia article on the subject:

"Despite their current small numbers, Jews continue to play a notable role in Morocco; the King retains a Jewish senior adviser, André Azoulay; they are well represented in business and even a small number in politics and culture, Jewish schools and synagogues receive government subsidies. However, Jewish targets were attacked in the Casablanca attacks in May 2003. King Hassan II's invitations for Jews to return have not been taken up by the people who emigrated."
01:59 PM on 03/30/2010
You explicitly state that Arabs who are citizens of Israel can buy everywhere in Israel, and so can all other citizens. You also state that it is not a privilege? No, and why should it be? Apparently, Israel has a rule that to buy property one must be a citizen, and it does NOT discriminate against any legal citizen, Arabs included. So, what, exactly, is your point? Palestinians should have specific special privileges, because they are...what exactly, special, different from other people? What now? You also stated that Palestinian residents of Israel can vote, but if they are not citizens, not for the Knesset, and that they are allowed to work. So, what exactly, is their specific *plight*?? What do you think about Iraqui Palestinians in Jordan who can not vote, or work and live in tents? Is their situation better, good, recommendable? If one becomes a citizen in the U.S. one pledges allegiance to the U.S. and that may be one issue for Palestinians; they do not recognize Israel and will not pledge allegiance to the State they do not recognize. They have declared to be enemies of Israel. For that very rational reason; no allegiance, enemies of the State, and no citizenship, they can not buy or build. I wonder if any group with such conditions attached could buy, build or vote anywhere.
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Jay-DC
04:00 PM on 03/30/2010
You're so right Mommamia, the Palestinians haven't experienced a 'plight'. Wow, what an absurdity to say that the Palestinians have actually been victimized over the last 6 decades, am i right Mommamia?

For example, if one perhaps looked to the past--say 31 years ago this exact day--they would NOT hear about 6 Palestinian non-violent protesters were killed by the Israeli's after protesting the on-going theft of their land. And people would not be commemorating this day as Land Day in rememberance of these 6 fallen "Palestinians" and the decades of illegal expropriation.

How ignorant it is to say the Palestinians in East Jerusalem are facing a 'plight' because the state of Israel requires people to lease the land to be citizens. Wait a minute, so let me get this straight. Palestinians in East Jerusalem were never extended 'equal' rights with an Israeli citizenship, but the country none-the-less annexed the land they live on, and permits citizens to purchase/lease land on this annexed territory.

...So, when a resident of East Jerusalem is evicted from their home--let's say it occurs in a made up neighborhood called Sheikh Jarrah--are they still allowed to purchase or lease land in Jerusalem after being rendered home-less by the Great Jewish State?
05:35 PM on 03/30/2010
I have NO IDEA what you are babbling about, Jay. You are not responding to ideas and points I brought up here. I am not doing a history lesson here. I am being factual as to the points of citizenship, rights, being able to build and have ownership, to work, be employed and seek one's freedom. The blog was about home ownership, not protestors and demonstrators. Stay on topic, Jay. By the way, this was an effort to get some good ideas going to help the situation and Palestinians. Feel free to come up with your own CONSTRUCTIVE points and ideas. I am sure yours are better than mine, but I see nothing of the sort in your response. Get going, Jay! I am telling you, that Refugee Status harms Palestinians, especially in perpetuam. They need citizenship. With citizenship come rights, passports, community. With an extended economy, as in an West Indian Union, they would also have mobility to move where their best fortunes lie.
05:51 PM on 03/30/2010
People get evicted from their homes the world over, in fact even in the U.S. for all sorts of reasons. Not paying one's mortgage or rent is a good reason for eviction. Not keeping the premises up to standard is another good reason. Change of ownership and intended different use of property is another good reason. I have read on Huffingtonpost complaints of Palestinians about: not feeling like working, because they were upset about something, and thus not paying the rent, or mortgage, and then, lo and behold, after a period of time they were....*evicted*!1 Well, heavens to Betsy! If you do not wish to work and pay your obligations, then you should be allowed to squat for free in another's property forever, right? Because, Jay, either rent, or mortgage, means that you owe something, have a debt. It does not mean you own it. You, again, owe, you do not own.
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04:18 PM on 03/30/2010
No they don't have to be citizens, they have to be Jewish. One would think you would know your own nations laws before you started posting about them. They have to be either citizens or Jewish with the right of return and it is therefore a specifically racist law.
01:48 PM on 03/30/2010
Another isue is employment. That is especially an urgent issue in Jordan. It would help Jordan as well as Palestinians if attention would be paid to employment of Palestinian Refugees all over the area, including Lebanon, Syria and Jordan. That in addition to abolishing the Refugee status and mainstreaming them. Palestinians should have individual voices in where they want to live, what citizenship they would like to have, and where they can find work that suits them. If the ME would normalize the status of Israel and recognize Israel, then establish a West Indian alliance on the model of the EU, or even the U.S. that would offer both a solution to the Palestinian/Israeli issue, and the employment/housing issues.In the U.S. everyone moves from one end of the continent to the other to find work and housing, all the time. These are very large distances. Unfortunately, the 22nd Summit in Libya of the Arab League has decided to not recognize Israel under any conditions, has decided yes to terror (armed resistance) and to not condemn genocide in Darfur (Sudan). Also decided that alal of Jerusalem should be Arab. That does not offer any solutions for Palestinians, and gives no incentives to letting them build, or become citizens. And they do not offer any viable alternatives.
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messy
artist, writer, adventurer
01:46 PM on 03/30/2010
By "palestinians" they mean "Israeli Arabs." Non Jewish citizens of Israel can live and build in JEWISH West Jerusalem. We're talking about the Jordanian Citizens who refused to accept Israeli citizenship because they don't recognize Jewish humanity and rights.
02:51 PM on 03/30/2010
Messy - don't flatter yourself - your post is shot through with bigotry.
05:28 PM on 03/30/2010
They still refuse to accept Israeli citizenship, because they do not recognize Israel. That is their prerogative, of course, but you can not have it both ways, on the one hand become a citizen with all of the rights, and on the other hand refuse citizenship and even refuse to recognize the right of the country to exist, of which you wish to be a citizen with full rights. It is idiotic.
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06:14 PM on 03/30/2010
They don't want it both ways, they want to have the ability to live on their own land without a foreign occupying force either refusing them passports or attempting to thrust them at them.
The Israeli State leaves, they get their own administrative authority and that's it. See how simple it is when you don't try and steal?
The Palestinians recognized Israel decades ago, what Israel haven't recognized is that they are supposed to exist within boundaries so others can do the same.
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jwcmass
I dream of things that never were and ask Why not
08:03 AM on 04/02/2010
mommamia,

What you fail to understand is that the reason the Palestinian residents of East Jerusalem do not become citizens of Israel is that they do not consider themselves to be Israelis. They consider themselves to be PALESTINIANS.

This doesn't mean that they refuse to RECOGNIZE Israel-- that is something a government does. I don't have diplomatic relations with the UK-- because I am not a government. i am a citizen of the US -- which DOES have diplomatic relations.

Now the PA DOES recognize Israel (as did the PLO before it way back in 1988!) Hamas is another matter (a problem which Israel helped to create, by the way.)

What the Palestinians want is a state of their own along the Green Line -- the 1949 cease-fire line. This would include the West Bank, the Gaza Strip, and East Jerusalem.

In my opinion, the only deviation I would make would be the Old City (the Walled City) -- which is actually a tiny part of East Jerusalem. (You can walk across it in about 5 minutes).

Because of its sensitivity, I would propose JOINT sovereignty -- and joint government by Israel and Palestine. Residents could choose which nation they wished to be a citizen of -- Israel, or Palestine.
01:37 PM on 03/30/2010
It appears that Palestinians in East Jerusalem only lack citizenship. Question: is that because under UNWRA relgulations they are permanent REFUGEES? Is it also the case that similar, and harsher, conditions exist in Lebanon and for similar reasons? It appears to not be an Israeli issue, or a Jerusalem issude, but a Refugee Status issue. Or, am I mistaken? Please give us pertinent details. It would also explain why Palestinians who remained in the country do have Israeli citizenship, can vote for the Knesset, and even serve in the Knesset. Paelstinians in East Jerusalem can work. Some Palestinians in, for example, Jordan are NOT ALLOWED TO WORK, i.e. the refugees from Iraq. The real issue, it appears to me, is mainstreaming Palestinians wherever they live, abolishing the Refugee Status, allowing them to apply for citizenship, and giving them passports. Jordan is four times larger than Israel, and has an above 70% Palestinian population, plus a Palestinian Queen, Rania al Abdullah. It should be one option to move there for Palestinians if they decide they want it.
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04:20 PM on 03/30/2010
Back to your old argument of 'Look someone else is worse than us so that makes us ok' followed by 'It's up to other nations to take in the people we have displaced in order to occupy their land'.
Neither of these makes any sense.
05:25 PM on 03/30/2010
Now, now, Garioch. That is NOT at all what I am saying or implying. I just put up some observations and ideas. Like brainstorming, you know. I would welcome you ideas on changing the status of Palestinians for the better. Now, I was an immigrant, and became a citizen, in the U.S. It is not automatic, and not a right for just anyone walking in. The U.S. makes the rules here, and I followed the rules. Israel makes the rules there, and to get what Palestinians want, they probably have to follow those rules. And I did not say anywhere, that it is up to other nations to take in anyone. So, to come to the U.S., I had to have a few things, sponsors, a record of work and education, a job lined up, and my background was thoroughly investigated, a.o. with respect to political affiliation, not only of me, but of familymembers as well. Then I had to do University over, and a lot of other sacrifices to make. Yes, and I *lost my house* in The Netherlands too. I had leased it out, and someone sold it and kept the yield of it. I moved on. My view of matters is not for everyone, but it might be useful for some persons.
12:02 AM on 03/31/2010
This is the answer you are right
If all Palestinians apply for and receive Israeli citizenship they together with the peaceful Israelis vote the old reactionary Generals out.
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tallen
panem et circenses
01:32 PM on 03/30/2010
Arab-muslim citizens of Israel have the same rights to buy and sell land as all other citizens.
Israeli law on foreign ownership of land is no different than that of many countries. Thailand prohibits direct foreign ownership of land. Poland has restricted areas where foreign ownership is illegal, as does Mexico. Switzerland has many restrictions on foreign ownership of land, etc..

On the other hand, under palestnian law, land sales to "Jews" are prohibited. In fact, palestinian law stipulates the death penalty for any arab who sells land to a "Jew". If a palestinian sells a home to a "Jew" in east Jerusalem, they can be executed.

PA COURT: DEATH TO MAN WHO SOLD LAND TO JEWS
April 29, 2009
http://spme.net/cgi-bin/articles.cgi?ID=5448
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04:21 PM on 03/30/2010
Thailand does not prohibit direct ownership of land, it depends on the nationality and your occupation.
Also notable none of those discriminate on the basis of religion or race unlike Israel.
05:43 PM on 03/30/2010
*It depends on your nationality and occupation*. Yes, Garioch. Now sit down and think that through, will ya? You have to have a job! That is one thing. Nationality and citizenship are related issues, Garioch. Getting it yet? If not, take a a nap first, and then think it over once more, slowly, and you will get it. I am sure. Now the *racism* comes in place with the Arabs. Read well what tallen says: Palestinians can be executed if they sell to a jew. That is discrimination by race and religion, national origin, not citizenship status. Israel does NOT discriminate on the basis of race, or religion. Different races live there. Different religions are practiced there freely. Israelis have no strong feelings against Islam, minarets sticking out in the landscape, Baha'i or other specific sects of Islam, etc.