MINORITY RIGHTS AND INDIGENOUS PEOPLES ACCORDING TO INTERNATIONAL LAW: PALESTINIANS WITHIN THE GREEN LINE

Abstract

This study aims to highlight the rights of minorities and indigenous peoples according to international law, focusing on the situation of Palestinians within the Green Line as a case study (Israeli citizens of Palestinian origin). The researcher used the deductive method in this study, whereby the study initially addressed the distinction between the concepts of minority and indigenous peoples, and examined the extent to which each of the two concepts applies to the situation of the Palestinian community within the Green Line, under the current Israeli political and legal system, and the individual and collective rights resulting from this classification in light of relevant international agreements, especially the International Covenant on Civil and Political Rights (1966), the United Nations Declaration on the Rights of Indigenous Peoples (2007), and others. The study reached several conclusions, including that Palestinians within the Green Line are considered a national minority because they constitute a numerically and politically non-dominant majority within the borders of the State of Israel, despite historically being part of the Palestinian people. At the same time, they are described as an indigenous people due to their deep connection to their land and their continuous presence there before the establishment of the State of Israel in 1948. They face legal, political, social, economic, and other challenges that impede the full exercise of their legitimate rights. These challenges range from being treated merely as an ethnic and religious minority, to the enactment of numerous discriminatory laws in employment and housing, to restrictions on their educational and cultural rights, and ultimately, the lack of full recognition of their collective identity. Although Israel is a party to several international conventions prohibiting discrimination, their implementation on the ground remains significantly inadequate, necessitating more effective and binding international intervention to ensure the protection of these rights from any violation.