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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