A/HRC/12/48 page 53 199. It is estimated that 33 per cent of the settlements have been built on private land owned by Palestinians, much of it expropriated by the State of Israel on asserted grounds of military necessity. Following a ruling of the Israeli High Court of Justice in 1979, the Government of Israel changed its policy of land confiscation on the asserted ground of military necessity and started having recourse to civil laws relating to land confiscation in place under Ottoman rule. According to these laws, land may be seized either because no one can prove ownership in accordance with the required standard of evidence or because the area in which it is situated is declared a closed military zone which farmers are prohibited from entering.37 200. “Since 1967, the Israeli authorities have demolished thousands of Palestinian-owned structures in the [Occupied Palestinian Territory], including an estimated 2,000 houses in East Jerusalem.”38 During the first quarter of 2008, the Israeli authorities demolished 124 structures in the West Bank, including East Jerusalem, for lack of permits. Of those, 61 were residential buildings whose demolition caused the displacement of many Palestinians, including children. Demolition of structures and residential buildings has been a feature of the Israeli policy that has displaced Palestinians mainly in the Jordan Valley and in East Jerusalem, but also in other areas of the West Bank. The Israeli authorities justify the majority of these demolitions by claiming that the structures or buildings lack the necessary permits. The relevant Israeli authorities rarely issue building permits for Palestinians, frequently refusing them on the basis that the construction is in violation of the mandatory regional outline plans approved by the British Mandate Government of Palestine in the 1940s.39 Areas in East Jerusalem face the prospect of mass demolitions. Carrying out pending demolition orders would affect a combined total of more than 3,600 persons.40 The combined effects of the Israeli policies of expanding and establishing new settlements, the demolition of Palestinian-owned properties, including houses, the restrictive and discriminatory housing policies as well as the Wall have been described as a way of “actively pursuing the illegal annexation” of East Jerusalem.41 37 Ibid. Office for the Coordination of Humanitarian Affairs (OCHA), “The planning crisis in East Jerusalem: Understanding the phenomenon of ‘illegal’ construction”, Special Focus, April 2009, available at: http://www.ochaopt.org/documents/ocha_opt_planning_crisis_east_jerusalem_april_2009_english.pdf 38 39 A/63/518. 40 OCHA, Special Focus, April 2009. The Guardian, “Israel annexing East Jerusalem, says EU”, 7 March 2009, available at: http://www.guardian.co.uk/world/2009/mar/07/israel-palestine-eu-report-jerusalem 41

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