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- * IMPORTANT NOTE - The goal of this human rights document is to bring the nations of the earth together to eliminate racial discrimination. To achieve this goal, the United Nations expanded the meaning of "racial discrimination" beyond meaning just discrimination according to racial membership, to also include a number of other criteria by which discrimination can occur - such as familial descent, and nationality, and ethnicity.
The State of Israel, with full support of the United States fought very hard to keep the criteria of religion out of the agreement because this would immediately make Israel the object of prosecution under this bill because Israel clearly practices discrimination according to a person's religion through society-wide law-based systems of discrimination according to religion - afterall, it is trying to be a "Jewish State".
The latest effort to include religion in the definition of "racial discrimination" was during the "World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance" where it was mostly successful. In this document was not listed as a criteria of racism, but as a related grounds (criteria) for discrimination (article 2), and then goes onto call for eradication of these forms of discrimination, racist or otherwise (article 108). Here are some of the relevant articles from this declaration:
- Preamble: Reaffirming the principles of equality and non-discrimination in the Universal Declaration of Human Rights and encouraging respect for human rights and fundamental freedoms for all without distinction of any kind such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,
- Article 2. We recognize that racism, racial discrimination, xenophobia and related intolerance occur on the grounds of race, colour, descent or national or ethnic origin and that victims can suffer multiple or aggravated forms of discrimination based on other related grounds such as sex, language, religion, political or other opinion, social origin, property, birth or other status;
- Article 108. We recognize the necessity for special measures or positive actions for the victims of racism, racial discrimination, xenophobia and related intolerance in order to promote their full integration into society. Those measures for effective action, including social measures, should aim at correcting the conditions that impair the enjoyment of rights and the introduction of special measures to encourage equal participation of all racial and cultural, linguistic and religious groups in all sectors of society and to bring all onto an equal footing. Those measures should include measures to achieve appropriate representation in educational institutions, housing, political parties, parliaments and employment, especially in the judiciary, police, army and other civil services, which in some cases might involve electoral reforms, land reforms and campaigns for equal participation;
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In addition to including discrimination based on religion on equal footage with racist discrimination, this document also gives special attention to the Palestine/Israel conflict, when it calls indirectly (unfortunately not directly) for an end to the Israeli occupation (article 63), it supports the 2-state solution with two states which are equal, independent, and secure (article 63), full equality throughout the region (article 64 & 66), and the right of return of Palestinian refugees throughout the region (article 65),
- Article 63. We are concerned about the plight of the Palestinian people under foreign occupation. We recognize the inalienable right of the Palestinian people to self-determination and to the establishment of an independent State and we recognize the right to security for all States in the region, including Israel, and call upon all States to support the peace process and bring it to an early conclusion;
- Article 64. We call for a just, comprehensive and lasting peace in the region in which all peoples shall co-exist and enjoy equality, justice and internationally recognized human rights, and security;
- Article 65. We recognize the right of refugees to return voluntarily to their homes and properties in dignity and safety, and urge all States to facilitate such return;
- Article 66. We affirm that the ethnic, cultural, linguistic and religious identity of minorities, where they exist, must be protected and that persons belonging to such minorities should be treated equally and enjoy their human rights and fundamental freedoms without discrimination of any kind;
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- I. LIMITING DEMOCRATIC RIGHTS & EQUALITY:
- 2. Giving influential positions in government only to Jewish organizations giving Israeli Jews special advantages in many industries and government functions over other groups (more details about this).
The International Convention on the Elimination of All Forms of Racial Discrimination (1965) says on this matter:
- Article 5. In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
- (c) Political rights, in particular the right to participate in elections-to vote and to stand for election-on the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service;
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- 3. Inhibiting freedom of speech and freedom of association - Israel places some barriers to the full exercise of these rights (more details about this).
The International Convention on the Elimination of All Forms of Racial Discrimination (1965) says on this matter:
- Article 5. In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
- (d) Other civil rights, in particular:
- (viii) The right to freedom of opinion and expression;
- (ix) The right to freedom of peaceful assembly and association;
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- II. LEGALIZED DISCRIMINATION BASED ON RELIGION:
- 1. Discriminatory Land Laws (Discriminatory Policies in Land Leasing, Development & Management, & Confiscating Private Lands) (more details about this).
The International Convention on the Elimination of All Forms of Racial Discrimination (1965) says on this matter:
- Article 5. In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
- (d) Other civil rights, in particular:
- (i) The right to freedom of movement and residence within the border of the State;
- (v) The right to own property alone as well as in association with others;
- (e) Economic, social and cultural rights, in particular:
- (iii) The right to housing;
- (iv) The right to public health, medical care, social security and social services;
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- 2. Discrimination in Immigration & Citizenship - citizenship is automatic for Jews, more difficult for Arabs, and Arabs who left the area during the 1948 fighting are not allowed back in the country, and their property is confiscated and redistributed. ID papers are required of all citizens, and they identify the carrier's religion and ethnicity, which leads to discrimination. Then as per 2003 law, Arab spouses who were residing in the occupied territories are not allowed to join their families in Israel, to help Jews maintain demographic majority in the country (more details about this).
The International Convention on the Elimination of All Forms of Racial Discrimination (1965) says on this matter:
- Article 1.
- 1. In this Convention, the term "racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.
- 2. This Convention shall not apply to distinctions, exclusions, restrictions or preferences made by a State Party to this Convention between citizens and non-citizens.
- 3. Nothing in this Convention may be interpreted as affecting in any way the legal provisions of States Parties concerning nationality, citizenship or naturalization, provided that such provisions do not discriminate against any particular nationality.
- Article 2.
- 1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end:
- (c) Each State Party shall take effective measures to review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination wherever it exists;
- Article 5.
- (a) The right to equal treatment before the tribunals and all other organs administering justice;
- (d) Other civil rights, in particular:
- (i) The right to freedom of movement and residence within the border of the State;
- (ii) The right to leave any country, including one's own, and to return to one's country;
- (iii) The right to nationality;
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- 3. Veteran's Benefits - Military Service (or a non-military substitute) are not equally available to most Arabs, and thus service benefits are awarded in a discriminatory manner as a result (more details about this).
The International Convention on the Elimination of All Forms of Racial Discrimination (1965) says on this matter:
- Article 5. In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
- (c) Political rights, in particular the right to participate in elections-to vote and to stand for election-on the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service;
- (e) Economic, social and cultural rights, in particular:
- (iv) The right to public health, medical care, social security and social services;
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- 4. Jewish Religious and Cultural Organizations & Events - Receive Preferential Treatment in Gov't Decision-Making and Budgetting vs. other groups (more details about this).
The International Convention on the Elimination of All Forms of Racial Discrimination (1965) says on this matter:
- Article 5. In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
- (c) Political rights, in particular the right to participate in elections-to vote and to stand for election-on the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service;
- (e) Economic, social and cultural rights, in particular:
- (vi) The right to equal participation in cultural activities;
- (f) The right of access to any place or service intended for use by the general public, such as transport hotels, restaurants, cafes, theatres and parks.
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- 5. Racist Harrassment in Daily Life Without Adequate Police Response and Protection (more details about this).
The International Convention on the Elimination of All Forms of Racial Discrimination (1965) says on this matter:
- Article 5. In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
- (b) The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution;
- (f) The right of access to any place or service intended for use by the general public, such as transport hotels, restaurants, cafes, theatres and parks.
- Article 6. States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
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- III. INHUMANE SUPPRESSION OF REBELLION:
- 2. Limited Judicial Protection from inhumane judgments or actions of the Israeli military or government (more details about this).
The International Convention on the Elimination of All Forms of Racial Discrimination (1965) says on this matter:
- Article 5. In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
- (b) The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution;
- Article 6. States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
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- 3. Legalizing Human Rights Violations as per for example the Defense (Emergency) Regulations (1945) borrowed from the British Mandate Government, used in Israel upto 1966, and but in use in the Occupied Territories upto the present. These regulations empower the area commander to arbitrarily, and often without trial or charges. Thus it is not just that the actions listed below are themselves violations of human rights, but also the way they are applied by the Israeli military is also itself a violation of human rights because they are applied without due process (more details about this)
Here are articles from this International Covenant that list due process as mandatory according to international human rights law:
- Article 5. In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
- (a) The right to equal treatment before the tribunals and all other organs administering justice;
- (b) The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution;
- Article 6. States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
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Below is a list of some specific human rights violations that are made legal in the Defense (Emergency) Regulations of 1945:
- Declare An Organization Unlawful, and thus cancel its activities, and criminalize its membership (more details about this).
- Article 5. In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
- (d) Other civil rights, in particular:
- (ix) The right to freedom of peaceful assembly and association;
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- Censure Media, such as Newspaper, TV, etc. (more details about this).
- Article 5. In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
- (d) Other civil rights, in particular:
- (viii) The right to freedom of opinion and expression;
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- Confine People To Their Homes or Area (more details about this).
- Article 5. In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
- (d) Other civil rights, in particular:
- (i) The right to freedom of movement and residence within the border of the State;
- (ii) The right to leave any country, including one's own, and to return to one's country;
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- Imprisonment Without Trial or Charges (more details about this).
- Article 5. In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
- (a) The right to equal treatment before the tribunals and all other organs administering justice;
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- Deportation Without Trial or Charges (more details about this).
- Article 5. In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
- (d) Other civil rights, in particular:
- (ii) The right to leave any country, including one's own, and to return to one's country;
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- Home Or Property Demolition (more details about this).
- Article 5. In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
- (b) The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution;
- (d) Other civil rights, in particular:
- (v) The right to own property alone as well as in association with others;
- (e) Economic, social and cultural rights, in particular:
- (iii) The right to housing;
- Article 6. States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
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- Area Closure - not allowing residents and visitors in or out (more details about this).
- Article 5. In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
- (d) Other civil rights, in particular:
- (i) The right to freedom of movement and residence within the border of the State;
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