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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents