under Article 3 of the CERD,43 and is an apartheid practice prohibited under
Article 2(d) of the Apartheid Convention, which refers to: “any measures
including legislative measures, designed to divide the population along racial
lines […].44 It is well accepted that public authorities may neither initiate
segregationist policies, nor participate in segregationist practices, and, even
if not directly involved, the state must correct discriminatory segregationist
practices driven by private individuals and societal groups.45
In the case of Israel’s segregation policies, the separation of Israeli-Jewish
populations from Palestinian communities manifests at a multitude of
levels. It is created, supported and upheld by the Israeli regime, its agencies,
parastatal entities (e.g. the Jewish National Fund (JNF) or the World Zionist
Organization (WZO)) and the Israeli-Jewish population itself. Those levels
include:
•
Legal and regulatory level as a direct or indirect result of laws or
regulations, or else as a result of the wide range of discretionary powers
conferred on local and regional bodies and agencies. For example,
domestic nationality laws entitle any Jewish person to emigrate to
Israel and denies the right of return to all Palestinians,46 while other
laws establish two independent education systems for Israeli-Jews and
Palestinians for the intended purpose of promoting Jewish culture.47
Furthermore, discretionary powers conferred on the admission
committees for Israeli-Jewish populations permit them to reject residency
applications on the basis of “social suitability”,48 and Israeli local planning
43 UNGA, International Convention on the Elimination of All Forms of Racial Discrimination [ICERD], 660
UNTS 195, 21 December 1965, art.3, available at: https://www.ohchr.org/EN/ProfessionalInterest/
Pages/CERD.aspx [accessed 28 February 2020].
44 "Racial lines” should not be understood narrowly as referring only to race. Rather, the definition
found in Article 1 of the CERD, which defines the racial discrimination broadly as referring to any
distinctions based on “race, colour, descent, national or ethnic origins”, should be taken as applicable
to considerations concerning the Apartheid Convention. See withdrawn report issued by UNESCWA,
supra 2, 3.
45 United Nations Committee on the Elimination of Racial Discrimination, General Recommendation
no.19 on Article 3 of the Convention, 1995, §3-4, available at: https://tbinternet.ohchr.org/_
layouts/15/treatybodyexternal/Download.aspx?symbolno=INT%2fCERD%2fGEC%2f7491&Lang=en
[accessed 28 February 2020].
46 Nationality Law, 5712-1952, 14 July 1953 (Isr.), English translation available at: https://www.adalah.
org/uploads/oldfiles/Public/files/Discriminatory-Laws-Database/English/37-Citizenship-Law-1952.
pdf
47 State Education Law, 5713-1953, 1953 (Isr.), English translation available at: https://www.adalah.org/
uploads/oldfiles/Public/files/Discriminatory-Laws-Database/English/24-State-Education-Law-1953.
pdf
48 Law to Amend the Cooperative Societies Ordinance, 5771-2011, LSI no.8, Sec.2, (as amended)
2011 (Isr.), English translation available at: https://www.adalah.org/uploads/oldfiles/Public/files/
Discriminatory-Laws-Database/English/12-Admissions-Committees-Law-2011.pdf
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