the israeli incorporation regime91
implementation of this law, and is required to regulate holy sites in general
and not selectively on the basis of their religious affiliation. However, while
The Protection of Holy Sites Law (1967) applies to holy sites of all religious
groups within Israeli controlled lands, including Jerusalem, the Israeli government only implements regulations for Jewish sites.100 Non-Jewish holy
sites are not identified, safeguarded or preserved to the same extent under
this law because the government does not recognize them as official holy
sites. Indeed, in early 2007, there were 135 officially recognized holy sites –
all of them Jewish. Though prominent and familiar sites do receive protection due to their international importance, many Christian and Muslim
sites are neglected, inaccessible or at risk of exploitation by real estate
entrepreneurs, corporations, and local authorities. For instance, in the
2009 International Religious Freedom Report, the United States Depart
ment of State writes that “Christian pilgrimage sites around the Sea of
Galilee face periodic threats of encroachment from district planners who
want to use parts of their properties for recreation.”101 The Report also
states that the State of Israel will even sometimes allow private individuals
or local authorities to transform old mosques into galleries, recreation centres, restaurants and museums, and often restricts entry into non-Jewish
holy sites. Moreover, it notes that, in the past, only diplomatic initiatives
have prevented Israeli government initiatives of this kind. Taken together,
the lack of recognition of Christian and Muslim places of worship results
in discrimination in the designation of the state budgets for holy sites and
unjustifiably disregards the religious and historical significance of the
sites. Restrictions placed on access to non-Jewish holy sites, along with
limits to funding, protection, and service provision for those sites, significantly contribute to religious tensions in Israeli controlled lands.102 In
Israel proper, many Palestinian localities do not have Christian or Muslim
places of worship available given the inability of the municipalities to
build or legally maintain a church or mosque. For instance, while there is
one synagogue for every 700 Jews living in Beer el-Sabi’ (Be’er Sheva), there
does not exist a single functioning mosque for the city’s 5,000 Muslims.103
100 Adalah: The Legal Center for Arab Minority Rights in Israel, “Additional Information
to the UN CERD.”
101 United States Department of State, Israel and the Occupied Territories: International
Religious Freedom Report 2009, Annual Report, October 26, 2009, http://www.state.gov/j/
drl/rls/irf/2009/127349.htm.
102 Adalah: The Legal Center for Arab Minority Rights in Israel, “Legal Advocacy,
Supreme Court Petitions: Religious Rights,” http://www.old-adalah.org/eng/legaladvocacy
religious.php.
103 The only existing place of worship for Muslims in the city, the Big Mosque, was used
as a moqsue from 1906–1948, yet after the establishment of the State of Israel it was used as
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