This denial and lack of engagement is part of the Israeli suppression regime,
as it leaves Palestinian civil society, human rights organizations, and activists
isolated and without due protection.
Suppression of Palestinian Identity and Culture
Legal Framework
Cultural rights are recognized under International Human Rights Law. The UDHR
establishes that everyone is entitled to realize their cultural rights (Article 22)
and “participate in the cultural life of the community” (Article 27). These rights
were supplemented by the International Covenant on Economic, Social and
Cultural Rights (ICESCR), which holds that all people have the right to pursue
social and cultural development by virtue of their right to self-determination
(Article 1) and that State Parties must respect and encourage people’s abilities
to do so (Article 15). It should be noted that the International Court of Justice
(ICJ) has ruled that Israel’s obligations under the ICESCR extend to Palestinians
in the oPt despite their not being under the sovereign jurisdiction of the state,
and that the Maastricht Guidelines explicitly state that “Under circumstances
of alien domination... The dominating or occupying power bears responsibility
for violations of economic, social and cultural rights.”323
Furthermore, Palestinians who have Israeli citizenship have recognized
special rights as a minority. Article 27 of the International Covenant on Civil
and Political Rights (ICCPR) states that minorities “shall not be denied the
right… to enjoy their own culture, to profess and practice their own religion,
or to use their own language.” This right is echoed by the Declaration on the
Rights of Persons Belonging to National or Ethnic, Religious and Linguistic
Minorities, which also adds that States shall encourage the promotion
of their identity and “take measures in the field of education, in order to
encourage knowledge of the history, traditions, language and culture of
the minorities existing within their territory” (Article 4(4)). It has also been
affirmed in Article 2c of the International Convention on the Suppression and
Punishment of the Crime of Apartheid.
Palestinians’ cultural rights are recognized on an individual basis as well as
by virtue of being an indigenous group. The UN Declaration on the Rights of
Indigenous Peoples (Declaration) upholds that indigenous groups have the
right to: “maintain and strengthen their distinct political, legal, economic,
social and cultural institutions” (Article 5), have a nationality (Article 6),
323 The Maastricht Guidelines on Violations of Economic, Social and Cultural Rights, 22-26 January 1997
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