A/HRC/43/67 imposition of Israeli law in East Jerusalem and the modifications brought to the previous planning and zoning regime in Area C are incompatible with the obligation of the occupying Power to respect the laws in force in the occupied territory (ibid., para. 40; A/68/513 para. 32).23 Palestinians therefore virtually have no choice but to build without permits and thereby expose themselves to the risk of demolition, which represents a significant coercive environment factor (A/74/357, para. 28). 31. According to the Office for the Coordination of Humanitarian Affairs, during the period under review, 599 Palestinian-owned structures were demolished in the West Bank, including East Jerusalem, leading to the displacement of 756 people, including 357 children and 208 women, as against the 403 structures demolished during the previous period that led to the displacement of 453 people. Approximately 58 per cent of the structures demolished were in Area C and 38 per cent in East Jerusalem.24 32. In July 2019, Military Order No. 1797 regarding Removal of New Structures came into effect. The order applies to structures in Area C deemed as new, and expands the authority of the Israeli Civil Administration to remove such structures within 96 hours of the issuance of a removal order. The order has been implemented in nine recorded incidents since it came into effect.25 In October 2019, an amendment to the planning and building law came into effect, enabling expedited demolitions in East Jerusalem.26 There is serious concern that these measures may accelerate demolitions on the basis of the discriminatory Israeli zoning and planning regime, and further limit opportunities for legal recourse. 33. The publicly stated intention of the Government of Israel to relocate thousands of Palestinians residing in Area C remains a key concern and contributes to a coercive environment (A/HRC/34/39, para. 44; A/72/564, paras. 36–57). Some 18 communities in and around East Jerusalem are at particular risk of forced eviction, including the Bedouin community of Khan al-Ahmar-Abu al-Helu, comprising some 190 individuals (A/73/410, para. 22; A/74/357, para. 36; A/HRC/37/43, para. 25). 34. On 22 July 2019, Israeli authorities demolished 10 buildings comprising approximately 70 housing units in Sur Baher, citing security concerns deriving from their proximity to the wall.27 Seven of the buildings demolished were in Areas A and B of the West Bank under civil control of the Palestinian Authority, although on the Jerusalem side of the wall. The demolition caused the displacement of 24 people and affected 220 more. The destruction of private property in occupied territory is only permissible where rendered absolutely necessary for military operations, which did not appear applicable in this case.28 35. In East Jerusalem, 877 Palestinians were at risk of eviction by the end of 2019. Most evictions are initiated by settler organizations, which invoke Israeli laws that discriminate against Palestinians to gain control of Palestinian properties, by claiming ownership prior to 1948 or challenging the “protected tenant” status of some families (A/37/43, paras. 39-40). According to information provided by the Office for the Coordination of Humanitarian Affairs, during the period under review, such cases raised by settlers led to the eviction of 15 Palestinian residents of three buildings in East Jerusalem. 36. Silwan, one of the communities in the Old City basin heavily affected by demolitions, came under increasing pressure from forced evictions and tourist development projects initiated by Israeli authorities in coordination with settler organizations (see A/HRC/34/39, para. 22 and A/HRC/37/43, para. 41). On 30 June 2019, the so-called “Path of the Pilgrims”, 23 24 25 26 27 28 Hague Regulations, art. 43. The remaining demolitions were in Areas A and B. As at October 2019, four structures had been demolished and demolition orders had been issued regarding five others. Office for the Coordination of Humanitarian Affairs, Humanitarian Bulletin: occupied Palestinian territory, September 2019, p. 5. Demolitions were expedited on the basis of a 2011 military order citing security concerns and prohibiting construction within 300 metres on either side of the wall. On 11 June 2019, the High Court of Justice rejected a petition challenging the order. Thus amounting to forced evictions contrary to international law; see www.ochaopt.org/content/un-officials-statement-demolitions-sur-bahir. 7

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