E/C.12/1/Add.27
page 3
Discrimination
10.
The Committee expresses concern that 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,
although they comprise over 19 per cent of the total population. This
discriminatory attitude is apparent in the lower standard of living of 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 the Arabic language has
official status in law, 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 to
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 in which the Government of Israel has housed
these families - in steel container vans in a garbage dump in Abu Dis in
subhuman living conditions. The Committee regrets that instead of providing
assurances that this matter will be resolved, the State party has insisted
that it can only be solved through litigation.
13.
The Committee notes with concern that the Law of Return, which allows
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 which 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 per cent 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.