A/HRC/12/37
page 21
and for respect for property rights irrespective of the ethnic or national origin of the owner”.91 It
should also be noted that the Committee on Economic, Social, and Cultural Rights has stated that
“instances of forced eviction are prima facie incompatible with the requirements of the Covenant
and can only be justified in the most exceptional circumstances, and in accordance with relevant
principles of international law”.92 The Commission on Human Rights also adopted a resolution
in 1993 in which it stated that “the practice of forced evictions constitutes a gross violation of
human rights, in particular the right to adequate housing”.93
54. There are numerous other cases of threatened evictions or demolitions and OHCHR will be
returning to this important issue in future reporting.
D. Settlements and settler violence
55. The question of forced evictions and home demolitions cannot be examined without due
regard to the question of ongoing settlement activity.
56. On 27 January 2009, an Israeli NGO, Peace Now, released a report which confirmed that
the number of new structures in the West Bank settlements and outposts had increased by
69 per cent in 2008, compared to 2007.94 According to OCHA, at the end of 2008, approximately
around 485,000 settlers were residing in 121 settlements in the West Bank, including 195,000
in 12 settlements in East Jerusalem.95
57. Settlement activity in the West Bank amounts to violations of numerous humanitarian law
provisions. Article 55 of the Hague Regulations states that the “occupying State shall be
regarded only as administrator and usufructuary of public buildings, real estate, forests, and
agricultural estates”. Furthermore, article 49 of the Fourth Geneva Convention stipulates
specifically that “the Occupying Power shall not deport or transfer parts of its own civilian
population into the territory it occupies”. Israel’s continued settlement activity is in flagrant
violation of this provision.
58. Besides the fact that settlements are in and of themselves a violation of Israel’s obligations
under international humanitarian law, violent acts by settlers against the Palestinian population
of the OPT continue, usually with impunity. These acts increased in 2008, with OCHA noting
that, since 2006, a “significant majority” of such violent acts have been carried out by groups of
91
CERD/C/ISR/CO/13, para. 35.
92
General comment No. 4 (1991) on the right to adequate housing, para. 18.
See HRI/GEN/1/Rev.9 (vol. I).
93
Resolution 1993/77 on forced evictions.
94
Peace Now, “Summary of construction in the West Bank”, January 2009.
95
OCHA, “West Bank movement and access update”, May 2009, p. 13.
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