The Danger of Divided Responsibilities in Jerusalem

by Ata Qeimari

According to the American newspaper, USA Today, an agreement was allegedly signed between Ehud Barak and Yasser Arafat on the final status of Jerusalem. Both sides denied the report because the conditions of the agreement did not fulfill the fundamental necessities of either side. Presumably, Barak will not be content with any agreement that casts even a shadow of a doubt over the unity of Israeli sovereignty over both sides of the city. And Arafat will not except less than Palestinian sovereignty over the Arab side of Jerusalem. In any case, it is quite embarrassing for both that an American newspaper would preempt the event by announcing an agreement, even though its main guidelines were previously leaked as the Beilin-Abu Mazen agreement. Regardless, these guidelines are far less stringent than the ceiling of expectations proposed in each leader's initial stance in upcoming negotiations.

Whatever the case may be, most likely the agreement mentioned in the newspaper was not based on any real agreement between the two sides. It was more than likely based on American perceptions of what stances the negotiations will lead to in the end.

If there must be an agreement on Jerusalem in the context of a final settlement, then it must be one of compromise, i.e. it must bring the two sides closer together and away from their initial stances. It must be one that comes together somewhere in the middle, according to political logic and the historical point in time.

We can assume that people usually choose the path already taken instead of a new one, given the risks and losses that a new path may entail. In this case, the context of the settlement agreed upon in Oslo and continued in Taba and Wye River is one of phases, reciprocity and division of duties. These will also be implemented in a final settlement, as they continue to accumulate, instead of the creation of a sense of stability and security.

Both we and the Jews find ourselves, after long, complicated and grueling negotiations, faced with two options. Either there will be a total eruption of the situation or a compromise that, naturally, does not fulfill the complete requirements of either side. For Israel, there can be no compromise as long as the status quo of total Israeli sovereignty - even de facto - is maintained over both sides of the city. As for the Palestinians, there is no possibility of a compromise of a total Israeli withdrawal to the 1967 borders and the re-division of the city as demanded in national calls for the return of Arab Jerusalem. So where will the line be drawn in the compromise over Jerusalem? That is the question.

No doubt, it is obvious to the US mediator that there is absolutely no compatibility between the two sides' conceptions of Jerusalem. When they are asked about which "Jerusalem" they are talking about, their answers are contradicting, intersecting, but never identical. Palestinian rhetoric ranges between different phrases: al-Quds al-Sharif (the Old City or perhaps the area surrounding the Islamic shrines) and the Jerusalem district-- including a vast area of Jerusalem villages from an Arab perspective that are not included in the Olmert municipality boundaries. Sometimes they use the phrase "Arab Jerusalem" without specifying whether that means East Jerusalem which existed before 1967 or the Arab neighborhoods in this part of Jerusalem after Jewish settlements swallowed most of the land within them. In exchange, Israeli rhetoric oscillates between "Jerusalem" -- what falls within the municipal borders, both east and west -- and "GreJerusalem" with its minimum boundaries including the two settlements of Givat Ze'ev in the north and Ma'aleh Adumim in the east or its maximum boundaries including the settlement of Efrat and reaching Gush Etzion in the south.

This lack of compatibility is, to any mediator, an important starting point in finding a compromise like the Beilin-Abu Mazen document, which all involved denied and which the genius journalists in the aforementioned newspaper brought back to life. This kind of solution allows the two sides to "have their cake and eat it, too" by continuing to claim that the entire cake remained for them alone. For the Jerusalem district, with Abu Dis as its center and including the Islamic-Christian section of the Old City, will be a vast area, spreading in several directions, to the point that the Palestinians could claim that they liberated Jerusalem. By the same token, Jerusalem remains within Israeli municipality boundaries and under Israeli sovereignty without the burden of the Arab population. By compensating its "loss" through a regional connection with settlements to the north, east and south (either all or some of them), there would be ample reason for Israeli pride and boasting maintaining that Jerusalem remains the unified and eternal capital of Israel.

Within this framework, which is guided by the principle of division in general and a division of duties in particular, the Arab neighborhoods, their population and lands will be the first victims, not the last. They will become intertwined in the new concept of Jerusalem promoted by both sides and both Israel and Palestine will be pulling those neighborhoods in the direction that suits their interests. The phrase "the population is yours and the land is ours" which Israel prefers has the best chance of prevailing in light of a number of factors: the "unbalanced" balance of power; Arab weakness; Israel's Syrian card which it is using to draw attention away from other issues in order to conquer and divide; and finally, the guaranteed "integrity" of our partner-mediator, the United States.

So, what is the danger in this? If all of Palestine has been divided and then even the shrunken Palestine has witnessed the same fate, then why not divide Jerusalem along these same lines? In my opinion, this is the biggest danger, because we Jerusalemites in the Arab neighborhoods, nestled within the Israeli municipality, will be suspended in thin air. We will be a population without a land, we will vote for one side while paying taxes to the other; we will carry an ID card with no real identification and our future will depend on an illusory liberation. This framework may solve the personal complex of being under occupation, but it will not produce any real or even semi-solution for our children's educational reality or their residential future. It is a framework that pulls the Jerusalem resident between two affiliations and two authorities, and more importantly, rips his present from his future, his body from his soul, his reality from his aspirations.

Therefore, the danger in such a framework is the political division of duties and the individual's subordination under two authorities which demand obligations from the Jerusalem resident but give him nothing save the illusion of rights, in return.

There must be other legitimate international solutions that would save Jerusalemites from this dissection, given that international resolutions stipulate that Jerusalem should have a unique international status. This could be a starting point in creating a special entity of Jerusalem that would guarantee dignity for the city's people, liberation from occupation and respect for their future and existential unity -- allowing them to remain on their lands and properties. For this to occur, the people of Jerusalem should come together in a political framework that would guarantee them an active voice and self-determination in the political settlement that is inevitable in the near future.

This article appeared in al Quds newspaper on May 31, 1999 and was translated from Arabic by Joharah Baker.

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The Fourth Estate Gets Third Rate Treatment

At a time when Israeli journalists freely travel in and out of the West Bank and Gaza Strip in pursuit of an interesting interview or important news story, their Palestinian counterparts are constantly faced with a very sour reality. Freedom of the press is a mirage and it becomes more elusive when two authorities, instead of one, are in control.

Palestinians are familiar with the problems of reporting on the actions of their own occupiers. On the 23rd of this month, three Palestinian journalists held a press conference in Nablus to protest the severe beating they received at the hands of Israeli forces while covering the forcible uprooting of trees at a Palestinian home in Beit Dajn. A statement issued by the Palestinian Journalists' Syndicate accused the Israeli authorities of deliberately attacking Palestinian journalists in order "to prevent the truth of what's occurring in the Palestinian Territories from reaching the world."

Not long after, Israeli authorities at Erez checkpoint barred seven Gaza journalists from travelling to Ramallah to cover a national Palestinian conference against settlements. As usual, Israel cited "security concerns" as the reason for denying the journalists West Bank travel permits. In response, the Palestine Human Rights Center in Gaza condemned Israel's human rights violations, asking international organizations "to support Palestinian journalists to ensure that they can do their work freely."

Denying Palestinian journalists entry permits to Israel, the West Bank or Gaza for "security" reasons is, of course, such a routine measure that it is rarely even written about. This is why it was a non-story when a West Bank Palestinian journalist who writes for Jerusalem's al-Quds newspaper recently asked for an entry permit to the city but was denied a permit on "security" grounds. The fact that the journalist in question lives in Bethlehem and has been working for al-Quds for more than four years without ever meeting his editors doesn't even shock anyone. It is such old, uninteresting news.

Israeli abuses of press freedoms not only include travel restrictions, arrests, and physical attacks--they sometimes involve live ammunition. Indeed, it was only last October that AFP photographer Husam Abu Alan was shot in the head by Israeli troops while covering clashes in Hebron.

But such behavior is to be expected from a relentless occupation force. What isn't easy

to accept, are the restrictions on the freedom of the Palestinian press by the Palestinian Authority. It was disturbing, therefore, when in May alone, human rights groups had to scream to high heaven, on more than one occasion, not only about Israeli violations of press rights but additional PA violations of these rights.

For starters, the PA briefly detained the publisher, chief editor and a reporter from al-Risala newspaper in Gaza on May 22 after the paper ran a story alleging that a Palestinian prisoner was hospitalized after being tortured in interrogation by the Gaza criminal police. The publisher himself, an Islamic opposition leader, has reported prior arrest and torture at the hands of Palestinian Authority security personnel.

While most of the above incidents were reported by human rights organizations, not all suppression of free speech is protested by human rights groups. In early May, Bethlehem's Shepherd TV was quietly closed. Marking the eighth closure in two years, Shepherd TV's current crime was its airing of a Palestinian play (originally written by a South-African playwrite) that tells the story of a people waiting for the return of Christ. Instead of the Messiah, it is a settler who ultimately shows up. Produced by Sanabel Theatre, the play has been received favorably by audiences in various West Bank towns and in overseas churches. But there were no standing ovations by the Christian community in Bethlehem, whose angry protest led to Palestinian Authority closure of the station. Both the station managersand Sanabel Theatre are surprised by the uproar, insisting that the play is not intended as an attack on Christians or Christianity.

Against this backdrop, the Palestinian press is feeling increasingly frustrated. On the one hand, journalists are unable to travel freely between the Palestinian Territories and inside Israel to pursue news stories and barred from going to Jerusalem to interview Israeli officials. At the same time, Israeli journalists have largely free access to Palestinian officials in Ramallah or Gaza.

For Palestinians, the home court advantage is no help, either. Many Palestinian journalists complain that they have difficulty obtaining information from--and even getting access to--Palestinian officials.

"Unfortunately, some of our officials feel that they'll get better coverage if they give interviews to foreign journalists," complains a correspondent for one of the Palestinian dailies. "The rest of the time, we are brushed off and asked to submit our questions by fax, with the promise of faxing back the answers, but never getting any response."

Following the stand-off between Palestinians and Israelis over the presence of Jewish settlers at Joseph's Tomb in Nablus last August, both sides reached an agreement whereby the settlers would be allowed to stay at the Tomb while mourning the death of a settler killed earlier by Palestinians. This resolution was contrary to previous agreements reached by joint military committees prohibiting the settlers from staying at the site past 11 p.m.

When I called the Palestinian military official who negotiated the agreement and asked to interview him, he insisted I fax him my questions.

"This is a sensitive matter and the questions have to be carefully answered," he said.

I reluctantly faxed my questions over. Two days went by and no response. I called the officer back.

"I have to go through my files to get the answers to your questions. Frankly, I don't have time," he said.

"But you personally negotiated the deal! What do you need your files for?" I insisted.

"I'm sorry but I don't have time to argue with you. I'm a very busy man."

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Ramallah's first four-star hotel, the Grand Park, is reportedly in the process of being sold to a group of investors that include the original owner, Raha Tours, Gaza Private Insurance Company, and Palestinian Commercial Services, the latter of which is headed by investor and Arafat financial advisor Khaled Islam. Insiders put the buying price at over $5 million, but there are plans to solicit public investment for the new holding company. A hotel spokesperson refused to comment, saying the deal would not be finalized for another month. The luxury hotel sports a pool, lush conference rooms, and a palm tree-lined drive.

There are at least 10 local non-governmental organizations working to promote Palestinian democracy--liberal democracy, that is. According to a March 1999 JMCC poll, 79.8 percent of Palestinians want the future Palestinian state to be governed according to Islamic law. Almost none of those organizations that currently provide information about democracy are working to reconcile Palestinian attitudes on religion with the secular Western democracy they promote, found Kerry Boyd, an independent American researcher. "They said there is very little discussion going on between their organizations and religious figures about religion's place in a democratic Palestinian state."

Business is getting better, according to a prominent Palestinian tour operator. "Many people want to work with Palestinians and want to buy Palestinian services," he says noting an increase in customers who have moved away from Israeli tour providers. "It's mostly the Germans and Swedish--the Dutch are too traditional to change." This upswing is due to the efforts of the private sector, he says. "There is still no big comprehensive plan [by the Palestinian Authority] to promote Palestine--but it will come."

According to an agreement between PA planning and international cooperation minister Nabil Sha'ath, major of Hebron Mustafa Natsheh and the German representative office in the PA, Germany has agreed to donate 1.5 million Deutch marks to develop the water sector in Hebron.

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License From Whom?

Director of the Islamic Waqf in Jerusalem, Adnan Husseini, stressed that there is no law that governs any maintenance works in al-Aqsa mosque other than that of the Islamic Waqf. His remarks came in response to statements issued by the Israeli cabinet claiming that al-Aqsa works need a license from the Israeli authorities, in light of maintenance works in al-Aqsa mosque compound. According to Husseini, the works have been going on for years to improve conditions for worshippers. Husseini denied receiving any warning on the issue. The decisions taken by the cabinet include limiting the movement of the Mufti of Jerusalem, Sheikh Ikrama Sabri. The issue of Sabri receiving political officials at his office was also raised (al-Quds).

Kicked Out

Israeli authorities plan to expel 40-year-old Yousef Miri from the village of Maythaloon near Jenin, after detaining him in al-Jalameh prison for one month. Miri, who holds US citizenship, was immediately arrested after crossing the bridge from Jordan. Although no charges were brought against Miri throughout his detention, Israeli authorities claim he is "not wanted in Israel" due to his Islamic charity activities in the US. Miri's attorney, Fares Abu Hasan said he intends to appeal the decision to the Israeli High Court in order for Miri to be allowed to spend time with his family (al-Quds).

Condemnation From Both Sides

Both Palestinians and Israeli Jews condemned the 44th Eurovision Song Contest held in Jerusalem on May 29th. Religious Jews held a demonstration in protest of the contest's being held on a Saturday. Meanwhile, the National Democratic Coalition, headed by Azmi Bishara, called on all Palestinians to express their rejection of the contest being held in the contested city of Jerusalem. Palestinian intellectuals condemned the venue of the contest and expressed their hope that contestants will sing for peace and freedom for all human beings (JMCC, al-Ayyam).

Trying Again

On May 27, Israeli authorities issued the Ghuzlan family from the town of Silwan in Jerusalem a warning order to evacuate their house immediately. The Israeli procedures department handed the family both the warning and an offer of $75,000 in compensation for the house. The family refused, saying they would not leave their home no matter what the consequences (al-Ayyam).

Distinguished Scientist

Forty-year-old professor Mohammed Hamdan was chosen along with 2,000 others by the International Business Corporation as one of the most distinguished scientists of the 20th century. Hamdan, who is originally from the village of Aseera al-Qabaliya, holds a Canadian passport and is a professor of applied mathematics (al-Quds).

Appeal to the President

Director-General of the Gaza Program for Mental Health, Dr. Iyyad al-Sarraj appealed to Palestinian president Yasser Arafat to support Palestinian media and allow them to work freely. The appeal came as a response to the arrest of three journalists from al-Risala newspaper and the closure of Shepherds TV station in Bethlehem by Palestinian security services. Sarraj stressed that the Palestinians should enjoy freedom of expression in order to expose Israeli occupation policies and to shed light on the problems facing Palestinian citizens (al-Quds).

Restricting Journalists

On May 29, Israeli authorities prohibited a group of Palestinian journalists from Gaza to cross over to the West Bank in order to cover the Palestinian national conference in Ramallah. According to Palestinian sources, 100 Palestinian figures from Gaza applied for permits to enter the West Bank and participate in the conference on confronting settlements, but only 34 received permission. The five journalists intend to take their case to the Israeli High Court, in protest of the restrictions imposed on their freedom of movement (al-Quds).

Peace Programs

According to Ali Rayya, general manager of Palestinian TV, the Palestinian satellite channel will officially begin its transmission on June 15, 1999. Rayyan added that, as part of the People to People program, work is underway to prepare joint Palestinian-Israeli programs, and that a two-day meeting will be held in which Palestinians and Israelis set up an initial plan for joint children's programs in cooperation with the Peres Center for Peace (al-Quds).

Planning For the Future

According to the British Times, Israeli prime minister elect Ehud Barak intends to replace the current head of the Mossad with his deputy Amiram Levin. According to the article, Barak is preparing for a war he expects to erupt with "violent" Palestinian groups that want to sabotage the peace process. Barak apparently held a meeting with Levin in which they discussed the names of key persons involved in violence, including Mohammed Deif, head of Izzedin al-Qassam Brigades in Gaza, Imad Mughaniyya, leading member of Hezbullah, and Imad Alami, a Palestinian engineer working abroad as the head of the Hamas military wing (al-Quds).

A Rose is a Rose

A statement made after a cabinet meeting by Jordanian Prime Minister Abdel Ra'ouf Rawabdeh was corrected by his deputy Ayman al-Majali after journalists stormed the prime minister with clarifications. Apparently, in his statement, Rawabdeh said that Jordan supports a Palestinian state with Jerusalem as its capital, a term used with the utmost reservation in the past. Al-Majali quickly requested from journalists to correct the prime minister's statement by stressing that Jordan supports the establishment of a Palestinian state with "al-Quds" as its capital (al-Hayat al-Jadida).

Religious March Prohibited

On May 31, Israeli authorities prohibited a march led by the Greek Orthodox Patriarchate from entering the tomb of Prophet David on Mount Zion in Jerusalem on the occasion of the Ansara feast. The march, which has been a ritual for hundreds of years, was obstructed by a group of religious Jews who prevented the worshippers from entering. The site was opened two hours later by Israeli authorities after the Greek Orthodox Church angrily protested such provocations. An Israeli police spokesman later announced that, although the rituals were held this year, Greek Orthodox Christians would not be allowed to pray there next year because the site "belongs to Jews" (al-Quds).

Tests Canceled by Occupation Army

On May 27, the Israeli Army sealed of four Palestinian schools north of Jerusalem. Israeli officials claimed that students had thrown stones at soldiers (three students were arrested a week earlier), a charge which the students deny. School administrators were warned that the schools would be closed for two more months if disturbances continued. As a result of the closure, final exams were postponed.

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While Israeli troops have redeployed to the edge of the Gaza Strip and from all or part of seven West Bank cities, the Israeli occupation of the Palestinian territory is by no means finished. The JMCC seeks to keep a record of acts of Israeli violence (both military and civilian), and collective punishment. The following figures are for the week May 27 to June 2 and were compiled from the Palestinian press and JMCC sources. They should not be considered a complete list of the ongoing Israeli violations of human rights of Palestinians.

BULLDOZED Lands in Deir Istiya to open a new settler bypass road; several olive trees were uprooted.

INJURED 12-year-old Inas Abu Mialeh from Hebron, after being hit by a settler car in the city.