A/HRC/43/67
“widespread discrimination”, creating “severe living conditions” where it is “practically
impossible […] to remain”. 37
39.
In previous reports and the first part of the present report, the severe impact of
continued settlement expansion on the living conditions of Palestinians has been described,
with the creation of a coercive environment that forces Palestinians in several areas of the
West Bank, including East Jerusalem, to leave (see A/HRC/34/39). Concern over cases where
Palestinians appear to have been forcibly transferred has also been raised by the SecretaryGeneral and the High Commissioner in previous reports (A/67/372, para. 39, A/HRC/25/40
and Corr.1, paras. 18-20, A/69/347, para. 26 and A/71/355, paras. 61–64).
40.
The impact of a coercive environment on individuals and communities is specific to
their own circumstances and experience (A/HRC/34/39, para. 42). In the sections below, the
High Commissioner highlight how different Israeli policies and measures adopted in East
Jerusalem, the H2 area of Hebron and Area C of the West Bank have continued to drive
Palestinians out of their homes and communities, in parallel with settlement expansion.
1.
East Jerusalem
41.
The Israeli zoning and planning policy in East Jerusalem is inherently discriminatory
and constitutes a key factor of a coercive environment (A/HRC/40/42, para. 20), forcing
Palestinians to leave communities they have lived in for generations (A/HRC/25/40,
paras.18-20; A/HRC/37/43, paras. 34–35; A/73/410, para. 20).
42.
Israeli authorities have zoned only 15 per cent of the area illegally annexed in 1967
for the housing needs of Palestinians, 38 compared to 38 per cent allocated to settlement
construction. 39 Data provided by the Jerusalem Municipality show that while Palestinian
residents account for 38 per cent of the overall population of Jerusalem, between 1991 and
2018 only 16.5 per cent of building permits were issued for construction in Palestinian
neighbourhoods, mainly for small-scale private projects. By contrast, 37.8 per cent of permits
were issued for settlement construction in East Jerusalem. Discriminatory planning, coupled
with costly and complicated procedures, make it almost impossible for Palestinian residents
to obtain building permits. As a result, at least one third of all Palestinian homes in Jerusalem
were built without an Israeli-issued permit.40
43.
According to the Office for the Coordination of Humanitarian Affairs, increased
settlement expansion (A/HRC/34/39, para. 25; A/HRC/37/43, para. 5; A/74/357, para. 5) was
mirrored by a sharp rise in demolitions in East Jerusalem (A/72/564, para. 23). The record
number of demolitions witnessed in 2019 (see para. 30 above) - the largest number in the
past 15 years41 – led to the displacement of 330 Palestinians, including 88 girls and 84 boys.
The number of self-demolitions to avoid heavy fines by the Jerusalem Municipality continued
to rise (59 during the period under review, as against 31 during the previous period).42
44.
Demolitions conducted in the context of the discriminatory planning system are
unlawful and amount to forced evictions (A/HRC/42/40, para. 20; A/72/564, paras. 26 and
49). They may also result in violations of the rights to an adequate standard of living, to
adequate housing and to education. Women and children suffer disproportionately from the
practice of demolitions and other forced evictions, which can also make them vulnerable to
acts of violence and sexual abuse when they are rendered homeless. 43 In one case monitored
37
38
39
40
41
42
43
Prosecutor v. Krajišnik, Case No. IT-00-39-T, International Criminal Tribunal for the former
Yugoslavia, Trial Chamber, 2006, para. 729–730.
Aviv Tatarsky and Architect Efrat Cohen-Bar, Deliberately Planned: A Policy to Thwart Planning tin
the Palestinian Neighborhoods of Jerusalem, Ir Amim and Bimkom, February 2017.
Office for the Coordination of Humanitarian Affairs in the occupied Palestinian territory,
Occupied Palestinian Territory: Humanitarian Facts and Figures, 2017 (available from
www.ochaopt.org/sites/default/files/factsheet_booklet_final_21_12_2017.pdf), p. 14.
Office for the Coordination of Humanitarian Affairs in the occupied Palestinian territory,
Humanitarian Bulletin, occupied Palestinian territory, May 2019.
www.btselem.org/planning_and_building/east_jerusalem_statistics.
See also A/74/357, para. 31.
Committee on Economic, Social and Cultural Rights, general comment No. 7 (1997) on forced
evictions, para. 10.
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