in the West Bank, not only violates Palestinians’ economic rights, but also
forces them to seek employment with their occupiers. However, while tens
of thousands of Palestinian workers feel forced to seek employment in Israel
or in colonies, obtaining a work permit is by no means a ticket to a better
life. It is extremely difficult to obtain such a permit, and as the permit is tied
to a specific employer and because no labor organization helps Palestinian
workers in Israel or in colonies, the Palestinian workers are deprived of legal
protection against rights violations, including access to effective remedy.
Israel is, of course, fully aware of the harsh impact of such restrictions
imposed on Palestinian society, and also of the fact that the occupation
and the permit regime severely undermine economic development in
Palestine. This is highlighted by a report from the UN Conference on Trade
and Development, which found that the strategies needed to develop
and improve the Palestinian economy, cannot be implemented in the
“present situation, characterized by severe Israeli control over Palestinian
territorial, regulatory and trade policy affairs.”313 However, for as long as
Israel continues to maintain the permit regime and its wider domination
of the Palestinian economy, it perpetuates an environment whereby the
Palestinian economy – an essential component of any viable, sustainable
state - cannot be developed to meet the needs of the resident population,
leaving many Palestinianworkers with the prospect of no income, or to seek
work in Israel or in illegal Israeli colonies.
Israel, too, grievously undermines Palestinians’ cultural rights, including
the right to education and the right to religious freedom. By imposing
restrictions on the former, Israel forces Palestinian parents to leave
their homes and communities in order to ensure that their children can
receive a proper education. In relation to the latter, Israeli practices which
contravene the right to religious freedom also sends a clear signal to
Palestinian worshippers that, for as long as they remain in the oPt, their
rights to practice their religion will remain restricted. It is important to note
that forced population transfer is not restricted to physical force:
[...] but may include threat of force or coercion, such as that caused
by fear of violence, duress, detention, psychological oppression or
abuse of power against such person or persons or another person,
or by taking advantage of a coercive environment.314
313 United Nations Conference on Trade and Development (UNCTAD), “The Palestinian Economy:
Macroeconomic and Trade Policymaking under Occupation”, UNCTAD, 2012, page v. Available at:
http://unctad.org/en/PublicationsLibrary/gdsapp2011d1_en.pdf
314 International Criminal Court, “Elements of Crimes”, 2011, page 6. Available at: https://www.icc-cpi.int/
nr/rdonlyres/336923d8-a6ad-40ec-ad7b-45bf9de73d56/0/elementsofcrimeseng.pdf
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