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- *INTRODUCTION - This international covenant only covers economic, social and cultural rights, and thus it only has limited application to the particular systems of discrimination against the Palestinian Arabs found in Israel.
I believe this is true because the Zionists who created Israel were more concerned with limiting Palestinian Arab political role in Israel, and their numbers in Israel (ethnic cleansing), so that they would not interfere in Israel being a distinctly Jewish State, as well as a democracy that was dominated by the Zionists so that they could accomplish their goals.
But they still had some interest to limiting Arab cultural influence as well to the extent it might interfere with Israel becoming a distinctly Jewish State.
And of course it is also important to remember that this document, besides ordering that all people should have access to these rights, it also requires that all people have equal access to these rights:
- Article 2.
- 2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
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Here is a quick summation of the rights listed in this document:
- The right to work and to technical training programs (article 6).
- The right to reasonable pay, decent working conditions, opportunity for advancement, and reasonable leisure time (article 7).
- The right to form and join trade unions, and the right of trade unions to join national and international unions and to function freely and to call strikes (article 8).
- The right to social security and social insurance (article 9).
- The duty of state parties to protect families and especially pregnant women and children (article 10).
- The right of everyone to an adequate standard of living, and to be free from hunger, and thus the duty of the state parties to take full advantage of scientific progress in the distribution of food, and to facilitate the economic systems for the distribution of food (article 11).
- The right of everyone to enjoy maximum physical and mental health, and thus the duty of state parties to reduce birth deaths, emprove hygiene, prevent epidemics, and provide easy access to medical treatment (article 12).
- The right to have an education, including free but compulsory primary education and education to train the person how to function fully in society, while also recognizing the right of parents to choose the education of their children as long as it fulfills the requirements described herein (article 13).
- The right of all people to take part in cultural life, to enjoy the benefits of scientific progress, and thus the state parties accept their duty to facilitate the growth and distribution of culture and scientific progress, and to recognize and support international exchange of cultural and scientific programs (article 15).
One question that does come up is that why should economic, social and cultural rights be listed separate from civil and political rights since their violation could only be for political purposes. The Preamble to this document answers this question by saying that protection of economic, social and cultural rights is necessary for the true enjoyment of freedom and peace:
| Preamble
Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Recognizing that these rights derive from the inherent dignity of the human person,
Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his economic, social and cultural rights, as well as his civil and political rights, |
- I. LIMITING DEMOCRATIC RIGHTS & EQUALITY:
- II. LEGALIZED DISCRIMINATION BASED ON RELIGION:
- 1. Land Laws (Discriminatory Policies in Land Leasing, Development & Management, & Confiscating Private Lands) (more details about this).
The International Covenant on Economic, Social and Cultural Rights (1966) is not really relevant to this matter:
* NOT APPLICABLE TO THIS COVENANT * |
- 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 Covenant on Economic, Social and Cultural Rights (1966) says on this matter:
- Article 10. The States Parties to the present Covenant recognize that:
- 1. The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children. Marriage must be entered into with the free consent of the intending spouses.
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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 Covenant on Economic, Social and Cultural Rights (1966) is not really relevant to this matter:
* NOT APPLICABLE TO THIS COVENANT * |
- 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 Covenant on Economic, Social and Cultural Rights (1966) says on this matter:
- Article 15.
- 1. The States Parties to the present Covenant recognize the right of everyone:
- (a) To take part in cultural life;
- (b) To enjoy the benefits of scientific progress and its applications;
- (c) To benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
- 2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for the conservation, the development and the diffusion of science and culture.
- 3. The States Parties to the present Covenant undertake to respect the freedom indispensable for scientific research and creative activity.
- 4. The States Parties to the present Covenant recognize the benefits to be derived from the encouragement and development of international contacts and co-operation in the scientific and cultural fields.
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- 5. Racist Harrassment in Daily Life Without Adequate Police Response and Protection (more details about this).
The International Covenant on Economic, Social and Cultural Rights (1966) is not really relevant to this matter:
* NOT APPLICABLE TO THIS COVENANT * |
- 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 Covenant on Economic, Social and Cultural Rights (1966) is not really relevant to this matter:
* NOT APPLICABLE TO THIS COVENANT * |
- 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 violate these human rights arbitrarily, and often without trial or charges (more details about this).
Violating the human rights listed below would only apply to this Covenant if they were violated for the purpose of depriving the victim people of enjoying education, freedom of employment and leisure, their culture and the benefits of scientific progress, freedom from poverty and hunger, etc.
This could be done under the guise of meeting security needs, whereas its real purpose would be oppression and exploitation (apartheid), to drive them from the area (ethnic cleansing), or to destroy their culture and their identity as a distinct people (cultural genocide).
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