http://www.nytimes.com/2010/05/01/opinion/01bird.html?ref=global-home

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OP-ED CONTRIBUTOR
Who Lives in Sheik Jarrah?

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By *KAI BIRD*
Published: April 30, 2010

AS a boy, I lived in Sheik Jarrah, a wealthy Arab neighborhood in East
Jerusalem. Annexed by Israel in 1967 and now the subject of a conflict over
property 
claims,<http://www.nytimes.com/2010/03/10/world/middleeast/10jerusalem.html>
my
former home has come to symbolize everything that has gone wrong between the
Israelis and Palestinians over the last six decades.

Despite talk of a slowdown in Israeli construction in East Jerusalem, Nir
Barkat, Jerusalem’s mayor, toured Washington earlier this week and told
officials that the expansion into Arab neighborhoods is going ahead at full
speed.

As a result, “The battle line in Israel’s war of survival as a Jewish and
democratic state now runs through the Arab neighborhoods of Jerusalem,” writes
David Landau, <http://www.haaretz.com/hasen/spages/1159848.html> the former
editor of the Israeli daily Haaretz. “Is that the line, at last, where
Israel’s decline will be halted?” I hope so.

My family lived in Israel from 1956 to 1958, when my father, an American
diplomat, was stationed in East Jerusalem. We lived in the Palestinian
sector, but every day I crossed through Mandelbaum Gate, the one checkpoint
in the divided city, to attend school in an Israeli neighborhood. I thus had
the rare privilege of seeing both sides.

At the time Sheik Jarrah was a sleepy suburb, a half-mile north of Damascus
Gate. One of my playmates was Dani Bahar, the son of a Muslim Palestinian
and a Jewish-German refugee from Nazi Europe. Before the establishment of
Israel in 1948, such interfaith marriages were uncommon, but accepted.
Another neighbor was Katy Antonius, the widow of George Antonius, an Arab
historian who argued that Palestine should become a binational, secular
state.

The Sheik Jarrah of my youth is gone; Mandelbaum Gate was razed by Israeli
bulldozers right after the Six-Day War in 1967 that united Jerusalem. But
the city remains virtually divided. Few Jewish Israelis venture into Sheik
Jarrah and the other largely Arab neighborhoods of East Jerusalem, and few
Palestinians go to the “New City.”

Today East Jerusalem exudes the palpable feel of a city occupied by a
foreign power. And it is, to an extent — although much of the world doesn’t
recognize Israel’s annexation of East Jerusalem, Prime Minister Benjamin
Netanyahu refuses to halt the construction of new housing units for Jewish
Israelis in the Arab neighborhoods. “Jerusalem is not a
settlement,”<http://www.cnn.com/2010/POLITICS/03/22/us.israel/index.html>
he
recently told an audience in Washington.

Not all Israelis agree with this policy. For over a year, hundreds,
sometimes thousands, of Israelis and Palestinians have been gathering in
Sheik Jarrah on Fridays to protest the expulsion of Palestinians from their
homes. Israeli courts have deemed these nonviolent demonstrations to be
legal, but this has not stopped the police from arresting protesters.

In a cruel historical twist, nearly all of the Palestinians evicted from
their homes in Sheik Jarrah in the last year-and-a-half were originally
expelled in 1948 from their homes in the West Jerusalem neighborhood of
Talbieh. In the wake of the Six-Day War, Israeli courts ruled that some of
the houses these Palestinian refugees have lived in since 1948 are actually
legally owned by Jewish Israelis, who have claims dating from before
Israel’s founding.

The Palestinians have stubbornly refused to pay any rent to these “absentee”
Israeli landlords for nearly 43 years; until recently, their presence was
nevertheless tolerated. But under Mr. Netanyahu, a concerted effort has been
made to evict these Palestinians and replace them with Israelis.

This poses an interesting question. If Jewish Israelis can claim property in
East Jerusalem based on land deeds that predate 1948, why can’t Palestinians
with similar deeds reclaim their homes in West Jerusalem?

I have in mind the Kalbians, our neighbors in Sheik Jarrah. Until 1948, Dr.
Vicken Kalbian and his family lived in a handsome Jerusalem-stone house on
Balfour Street in Talbieh. In the spring, the Haganah, the Zionist militia,
sent trucks mounted with loudspeakers through the streets of Talbieh,
demanding that all Arab residents leave. The Kalbians decided it might be
prudent to comply, but they thought they’d be back in a few weeks.

Nineteen years later, after the Six-Day war, the Kalbians returned to 4
Balfour Street and knocked on the door. A stranger answered. “He was a
Jewish Turk,” Dr. Kalbian said, “who had come to Israel in 1948.” The man
claimed he had bought the house from the “authorities.”

That year the Kalbians took their property deed to a lawyer who determined
that their house was indeed registered with the Israeli Department of
Absentee Property. Under Israeli law, they learned, due compensation could
have been paid to them — but only if they had not fled to countries then
considered “hostile,” like Jordan. Because in 1948 they had ended up in
Jordanian-controlled Sheik Jarrah, the Kalbians could neither reclaim their
home nor be compensated for their loss.

The Kalbians eventually emigrated to America, but their moral claim to the
house on Balfour Street is as strong as any of the deeds held by Israelis to
property in Sheik Jarrah.

If Israel wishes to remain largely Jewish and democratic, then it must soon
withdraw from all of the occupied territories and negotiate the creation of
a Palestinian state in the West Bank and Gaza with East Jerusalem as its
capital. And if not, it should at least let the Kalbians go home again.

Kai Bird is the author of “Crossing Mandelbaum Gate: Coming of Age Between
the Arabs and Israelis, 1956-1978.”

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