History of The Neighbourhood
Sheikh Jarrah is a small neighbourhood in East Jerusalem that has been facing property rights battles for a while. In order to fully understand the politics and legality of what is happening, it is necessary to learn the history of the neighbourhood. The issue is far more complicated than catchy mainstream headlines and infographics.
Today, Sheikh Jarrah predominantly Palestinian neighbourhood in East Jerusalem, 2 kilometres away from the Old City (Jerusalem). The neighbourhood is ancient, with the first records showing up in the 12th century. For thousands of years, there has been a dominant Jewish presence in Sheikh Jarrah, living next to the tomb of Shimon Hatzadik (Simon the Just), a Jewish High Priest during the time of the Second Temple, who died in the 3rd century BC. The neighbourhood is still referred to as Shimon Hatzadik by many Jews. The tomb and surrounding compound were purchased by the Sephardic Community Committee and the Ashkenazi Assembly of Israel in 1875.
In 1905, an Ottoman census that included Sheikh Jarrah and its surrounding areas found 97 Jewish families living in the area alongside 167 Muslim and six Christian families. Following Israel’s War of Independence in 1948, the Jewish population was expelled from Sheikh Jarrah since the area fell on the Jordanian side of the new border.
In 1956, Jordan relocated 28 Palestinian families who were displaced during Israel’s War of Independence to Sheikh Jarrah. The move was approved by the United Nations Relief and Works Agency for Palestine Refugees (UNRWA), and the organisation stipulated that the families would be given ownership of their homes after three years which would then end their refugee status. However, the Jordanian government never did formally transfer over the property rights to the Palestinians.
By the 1950s, Sheikh Jarrah had changed hands several times from Ottoman rule to British Rule, to Jordanian rule, to Jordanian rule with assistance by UNRWA, which was in part stipulating property rights in the area. By this time, the Jewish population, which had been documented living there for thousands of years, had completely moved out or was expelled, and a Palestinian population had moved in or was relocated to the neighbourhood.
In 1967, East Jerusalem (including Sheikh Jarrah) came under Israeli control following the end of the Six-Day War. Since then, the international community considers the area occupied by Israel, which claims authority over the region.
In 1967 and 1981, Israel offered Palestinian residents of East Jerusalem the right to apply for citizenship. However, the vast majority of the people declined. Like all East Jerusalem residents, Sheikh Jarrah residents pay Israeli taxes and receive social security benefits and state healthcare, among other things. In 1980, Israel annexed East Jerusalem placing the area under the law, jurisdiction and administration of the state.
The Legal Debate
An Israeli law from 1970 is at the centre of the legal debate over the eviction of almost 60 Palestinians. The law gives Jewish Israelis the right to reclaim properties in East Jerusalem that were once owned by Jews before 1948, as long as they could show proof of ownership or expulsion by the British or Jordanians. Palestinians who lost land do not have the same legal right to sue for property lost after the war.
In 1972, the Sephardic Community Committee first sued for ownership over a property in the neighbourhood and the court ruled in their favour in 1976. Later, in 1982 residents signed a legal agreement that allowed Palestinians to remain in a property in Sheikh Jarrah as long as their status changed from owner to tenant and that they would pay rent. Since then, the Palestinian signers claim they were coerced into signing and no longer recognise the agreement.
Sheikh Jarrah rose into the international spotlight in the 2000s when Israeli courts ordered the evictions of three Palestinian families following a series of lawsuits. There have been no court-ordered evictions since 2009, but new cases have been making their way through the legal system like the current case that has made global headlines.
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