Taba Agreement in Jerusalem
A Trap Closing in on
Palestinian Jerusalemites
What will happen to the tens
of thousands of Palestinian Jerusalemites living outside the city, in areas
scheduled for Israeli redeployment? The Israeli strategy is obvious: it
seeks to gradually relinquish the residency rights of these people inside
Israeli state territory, including East Jerusalem.
While in the past a petition
against the confiscation of an ID card from a Palestinian Jerusalemite
living in the occupied West Bank still had a fair chance of success at
the Israeli High Court, this may not be the case from now on. The judges
may simply no longer accept the argument that the areas administered by
the Palestinian Authority are not a “foreign country”, and my thus rule
that ID card confiscations according to Regulation 11 of the Law of Entry
to Israel apply to permanent residents living in the West Bank. A legal
precedent was created by the new Israeli National Insurance Law, which
explicitly excludes non-Jewish permanent residents living in the autonomous
areas from eligibility to welfare services. This law also states that such
persons cease to be “residents of Israel,” even if they hold blue Israeli
ID cards.
The current Israeli population
census (October - December 1995) does not include Palestinian holders of
Jerusalem ID cards who reside outside the municipal boundaries. Palestinians,
fearing that non-registration in the Israeli census will convey the loss
of their right to state welfare, made a massive effort to register at their
legal addresses inside the city. At the same time, the Israeli civil administration
in the West Bank launched its own illegal census which is by no means part
of the official Israeli census. Soldiers and border policemen enter Palestinian
homes in West Bank communities bordering East Jerusalem and inspect people’s
ID cards, obviously trying to clarify the number of Jerusalemites living
in these areas. The Palestinian election registry defines a “Jerusalem
district” which includes Israeli-annexed East Jerusalem as well as areas
outside the city boundaries heavily populated by holders of Jerusalem ID
cards. The Palestinian leadership was counting on the strong participation
of Jerusalemites to counter the “Israelization” of the city.
However, Palestinian Jerusalemites
have reacted in their own particular way. The registration turn-out has
remained well below PA expectations even though the registration period
in the “Jerusalem district” has been extended several times in order to
convince more people to change their minds and register. The reasons for
the reluctance are obvious. Jerusalemites, especially those living outside
the city, fear that their participation in the Palestinian elections will
disqualify them from access to Israeli welfare services. The permanent
Israeli threat of suspension of National Insurance payments and ID card
confiscations, as well as the absence of protection and guarantees by the
Palestinian leadership, have lead to a situation in which Palestinian Jerusalemites
prefer to protect themselves individually by abstaining from the Palestinian
election registration.
Unless the Palestinian leadership
and its negotiators take up the challenge and pressure for an Israeli and
international guarantee to freeze the residency status of Palestinian Jerusalemites
living in the autonomous areas, Israel will use the interim period not
only to cancel the welfare services to tens of thousands of its subjects,
but also to revoke their status as residents of Jerusalem. |