A/HRC/16/71 “infiltrator” in Order No. 1650 refers to a permit that is required to be present in the West Bank, yet the said permit is not defined in law. This lack of clarity potentially exposes anyone in the West Bank to forcible transfer.30 28. A further concern relates to the possibility that persons can be forcibly transferred without judicial review. Whereas Order No. 1649 establishes a committee, to be appointed by military officers and comprised of military judges, to review appeals against “deportation orders”, Order No. 1650 provides that persons for whom a “deportation order” has been issued can be forcibly transferred before they are brought before this committee.31 In addition, the orders do not require that detained persons be informed in a language they understand that a “deportation order” has been issued or what rights they have under the orders. IDF can also charge detained persons for expenses related to their detention or, where they cannot cover these expenses, can seize assets for this purpose. 29. In its consideration of the third periodic report of Israel on implementation of the Covenant on Civil and Political Rights in July 2010, the Human Rights Committee expressed concern with the issuing of these two orders. It stated that Israel, “should refrain from expelling long-term residents of the West Bank to the Gaza Strip on the basis of their former addresses” and should “ensure that any person subject to a deportation order is heard and may appeal the order to an independent, judicial authority” (CCPR/C/ISR/CO/3, para. 14). It is recalled that article 49 of the Fourth Geneva Convention prohibits individual forcible transfer or deportation of protected persons, “regardless of their motive”. 5. Home demolitions and expansion of settlements 30. Forced evictions and the demolition of buildings, including homes, continued to take place in the West Bank, including East Jerusalem. From January through the end of November, 347 Palestinian structures were demolished in these areas (84 per cent in Area C). This represents an increase compared to the same period in 2009 (265 demolitions).32 As a result, approximately 1,300 Palestinians, including 700 children, were forcibly displaced or otherwise negatively affected. At the conclusion of the reporting period, the Office for the Coordination of Humanitarian Affairs reported an increase in demolition orders.33 31. Home demolitions were of particular concern in Area C and East Jerusalem.34 Between January and July, 199 Palestinian structures, including 59 homes, were 30 31 32 33 34 It is noted that the Government of Israel stated that “population registry documentation issued by the Palestinian Authority pursuant to the Israel-Palestinian Interim Agreement 1995 falls into the category of lawful permits.” Permanent Mission of Israel to the United Nations Office at Geneva and Other International Organizations, letters to the High Commissioner dated 29 April 2010. This clarification is welcome, yet it is not consistent with the language of Order No. 1650. Furthermore, OHCHR received reports that Israel has generally restricted changes to the population registry since 2000. It is therefore not likely to accurately reflect the West Bank population. It is noted in the aforementioned letters to the High Commissioner dated 29 April 2010 that the Government of Israel stated that the committee established by Order No. 1649 provides “additional safeguards and protections to the existing legislation”. Yet there is nothing in the orders that guarantees that persons against whom “deportation orders” have been issued must be brought before the committee in advance of being deported. The orders outline detailed timeframes that allow persons to be forcibly transferred prior to appearing before the committee. Humanitarian Monitor, November 2010. Ibid. See joint alternative report submitted by the Centre on Housing Rights and Evictions and Al-Haq to the Human Rights Committee, on the occasion of the consideration of the third periodic report of Israel, June 2010. 9