A/HRC/40/42
survey by the Protection Cluster, 21 communities affected by settler violence, often along
with other coercive factors, experienced a decrease in population in the course of 2017. 93
Première urgence internationale, an NGO, identified three cases during the reporting period
of people moving from Burin and Urif due to recurrent settler violence, either to other
villages or within their village.94
51.
In August 2018, a Palestinian family of four was forcibly evicted by settlers and had
their houses demolished in the Beit al-Baraka compound, south of Bethlehem. The family
had lived in small houses within the compound premises since the 1970s as they worked for
previous owners, an American Christian association. In 2010, the compound was reportedly
sold to settlers through a shell company posing as a Scandinavian church. Settlers moved
into the compound in 2015 and began harassing the family, and prevented two sons from
living there. The family submitted seven complaints of harassment to the Israeli police, who
reportedly did not take any action. The family also appealed to the Jerusalem Magistrate
Court. In 2016, the court ruled in favour of the family, stating that it was allowed to live in
the compound and that the settlers could not restrict their access.
52.
However, on 6 August 2018, settlers tricked the father into leaving his house by
claiming that their dogs had attacked his sheep, refused to allow him to return and removed
his daughter from the house by force. The settlers then demolished their two houses without
allowing them to retrieve their possessions. The Israeli police arrived just after the eviction,
but the only action they took was to arrest the daughter following the settlers’ claim that she
had attacked them. She was detained for three days and eventually released without charges.
The family members now live in nearby Arroub refugee camp. Due to the Israeli State’s
failure to take all appropriate action to provide legal protection to the family, including
against demolition and forced eviction, there appear to be violations of the rights to housing
and security of tenure. Furthermore, the arrest of the daughter raises concerns of arbitrary
arrest and detention.
E.
Failure to protect and lack of accountability
53.
As previously documented, the Israeli security forces, in numerous instances which
appear to indicate a pattern, have failed to prevent settler attacks and repeatedly failed to
protect Palestinians when attacks occurred in their presence. 95 For instance, the village of
Burin in the Nablus area is among the most affected by settler violence in the West Bank,
as it is surrounded by the settlements of Har Bracha and Yitzhar and six outposts, 96 known
as sources of serious settler violence. Burin residents and human rights defenders reported
attacks on Palestinians and their property every Saturday, and sometimes also on Fridays, in
the presence of Israeli security forces.
54.
During clashes between Palestinians and settlers around Burin, the Israeli security
forces only targeted Palestinians with crowd dispersal methods and arrests.97 Video material
of several incidents during the reporting period shows Israeli security forces failing to
interfere with stone-throwing settlers and, in some instances, using crowd dispersal means
towards Palestinians while settlers threw stones. Adding to the climate of impunity, the
frequency of settler harassment seems to have become normalized among some Palestinian
communities: such incidents have reportedly become so much a part of Palestinians’ daily
lives in Burin that they rarely report them anymore.98
55.
As the occupying Power, Israel has the obligation to uphold public order and safety
in the Occupied Palestinian Territory and to protect the Palestinian population from all acts
93
94
95
96
97
98
Source on file.
Première urgence internationale and Médecins du monde, The Case of Burin: Escalation of Settler
Violence in the West Bank (2018), p. 3.
A/72/564, paras. 20–22; and A/73/410, para. 18.
Shalhevet Farm, Hill 725, Lehavat Yitzhar, Mizpeh Yitzhar, Bracha A and Sneh Ya’akov.
A/72/564, para. 22. See also Yesh Din, Yitzhar, p. 23.
Première urgence internationale, The Case of Burin, p. 3.
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