A/HRC/34/70
which were previously considered illegal even under Israeli law. In 16 of the outposts
affected, Palestinian landowners have successfully challenged the settlers’ presence on the
land in Israeli courts, which have issued demolition orders against the settlers’ homes.
However, those orders have yet to be implemented and under the new law implementation
of the orders will be frozen for a year. 11
12.
The new legislation has triggered condemnation from the international community,
with a spokesperson for the Federal Foreign Office in Germany stating that its confidence
in the “Israeli Government’s commitment to the two-state solution has been profoundly
shaken” and the High Representative of the European Union noting that the law “would
further entrench a one-state reality of unequal rights, perpetual occupation and conflict”.12
The spokesperson for the Secretary-General noted deep regret at the passage of the law,
warning of far-reaching legal consequences for Israel and insisting on the need to avoid any
actions that would derail the two-State solution.
East Jerusalem
13.
Of the several thousand settlement homes announced in January 2017, 566 are to be
built in East Jerusalem. At the same time that approval of the construction was announced,
the Deputy Mayor of Jerusalem announced plans for the approval of 11,000 additional
units, although it is not clear when these might move forward.13 Of the home demolitions
that took place in 2016, 88 occurred in East Jerusalem. 14
14.
Following the 1967 war, Israel unilaterally declared the annexation of East
Jerusalem, in contravention of international law. The annexation has not been recognized
by the international community and Palestinians, see East Jerusalem as the future capital of
a Palestinian State. Palestinians living in the city in 1967 were given permanent resident
status, which civil society has suggested is akin to treating them as persons who have
voluntarily chosen to immigrate to Israel.15 The permanent resident status can be revoked
on a number of grounds16 and since 1967 as many as 14,000 Palestinians have lost their
status and been unable to continue living in, or return to, their homes in East Jerusalem. 17
15.
In addition to home demolitions, Palestinian residents of East Jerusalem are
vulnerable to being forcibly evicted from their homes. According to the Office for the
Coordination of Humanitarian Affairs, Israeli settler organizations seeking control of parts
of East Jerusalem, particularly the Muslim and Christian areas of the old city, have
launched eviction proceedings against Palestinian families. As of November 2016, that had
affected 180 households (818 individuals, including 372 children). 18 At the same time, the
11
12
13
14
15
16
17
18
4
Allison Kaplan Sommer, “Explained: Israel’s new land-grab law and why it matters,” Haaretz, 7
February 2017.
See www.auswaertigesamt.de/sid_C4BF59984EE3B4886B4BA626F47DA791/EN/Infoservice/Presse/Meldungen/2017/170
207-ISR_Gesetz_Legalisierung_Aussenposten.html; and eeas.europa.eu/headquarters/headquartershomepage_en/20104/Statement%20by%20High%20Representative/VicePresident%20Federica%20Mogherini%20on%20the%20%22Regularisation%20Law%22%20adopted
%20by%20the%20Israeli%20Knesset.
Bethan McKennan, “Israel announces plans for a further 11,000 settler homes in East Jerusalem”,
Independent, 27 January 2017; “Israel approves 566 new homes in east Jerusalem settlements”,
Deutsche Welle, 22 January 2017.
B’Tselem, “Statistics on demolition of houses built without permits in East Jerusalem”, 20 March
2017, available from www.btselem.org/planning_and_building/east_jerusalem_statistics.
B’Tselem, “Background on East Jerusalem”, 11 May 2015, available from
www.btselem.org/jerusalem.
Palestinians living in East Jerusalem must be able to prove the centre of their life is in East Jerusalem
and may not live abroad for more than seven years if they wish to maintain their residency rights.
See www.ochaopt.org/location/east-jerusalem.
See www.btselem.org/planning_and_building/east_jerusalem_statistics and
www.ochaopt.org/sites/default/files/evictions_community_sum_ej_2016_final_1_11_2016.pdf.
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