A/HRC/16/72 now reside in the West Bank and East Jerusalem and benefit from a preferential legal and administrative structure, which contributes to the impression of apartheid (as a result of its discriminatory, coercive and ethnically specified characteristics). In this respect, the magnitude of the settlement phenomenon, combined with its persistence and character, also warrant concern that the occupation is a form of colonialist annexation that has been established with a clear intention of permanence. A. The de facto annexation of East Jerusalem 15. The Israeli insistence on excluding East Jerusalem from the partial moratorium and its overall attitude toward its status is of further concern to the Rapporteur. Prime Minister Binyamin Netanyahu, along with other Israeli leaders, has repeatedly confirmed continuing rejection by Israel of United Nations resolutions and other relevant aspects of international law recognizing that the occupied Palestinian territory includes East Jerusalem. Mr. Netanyahu dramatized this point when he recently stated that “Jerusalem is not a settlement – Jerusalem is the capital of the State of Israel. Israel has never restricted itself regarding any kind of building in the city, which is home to some 800,000 people – including during the 10-month construction moratorium in the West Bank. Israel sees no connection between the peace process and the planning and building policy in Jerusalem, something that hasn’t changed for the past 40 years”.21 Although such an assertion amounts to defiance of international law, it is a significant expression of Israeli diplomatic posture, casting further doubt on what could be expected to emerge from a negotiating process that attempts to foreclose a fundamental Palestinian right to have the part of historic Jerusalem occupied by Israeli in 1967 as its national capital. Again, it is disturbing to note the absence of formal objection by the international community and interested Governments to such an Israeli posture taken in advance of negotiations. 16. The Rapporteur finds that by December 2010, the pace of settlement expansion in East Jerusalem had in fact escalated. On 4 November 2010, the Government of Israel issued tenders for 238 new housing units in the East Jerusalem settlements of Pisgat Zeev and Ramot22 and the following day announced plans for construction of 1,352 new housing units elsewhere in East Jerusalem. Continued construction in addition to settlers’ forcibly taking over Palestinian homes in East Jerusalem has resulted in the expulsion of Palestinian residents from their homes. Palestinian families, some of whom have lived in their homes for generations, have been expelled by Israeli police and settlers. In July 2010, a large Palestinian family that had lived in their home in the Old City for more than 70 years was expelled by police-backed settlers who then took over the house.23 In November 2010, settler organizations took control of two houses in Palestinian neighbourhoods of Jabal alMukkaber and al-Tur in East Jerusalem resulting in forcible eviction of several Palestinian families from their homes.24 The Sheikh Jarrah neighbourhood has also been the subject of persistent attempts by Israeli settler groups to take over land and property in order to establish new settlements in the area. As a result, over 60 Palestinians have lost their homes and another 500 remain at risk of forced eviction, dispossession and displacement in the 21 22 23 24 Attila Somfalvi, “PM responds to Obama: Jerusalem not a settlement”, Yediot Aharanot, 10 November 2010. Amnesty International UK, “East Jerusalem: Israel’s 238 housing units plan threatens Palestinian human rights”, 15 October 2010. Harriet Sherwood, “Israeli settlers evict Palestinian family from their home of 70 years”, The Guardian, 29 July 2010. B’Tselem, “New settler enclaves in East Jerusalem”, 2 December 2010. 9