A/HRC/7/17
page 18
42. In both East Jerusalem and that part of the West Bank categorized as Area C (60 per cent
of the West Bank, comprising villages and rural districts), houses and structures may not be built
without permits. The bureaucratic procedures for obtaining permits are cumbersome and in
practice permits are rarely granted. As a result, Palestinians are frequently compelled to build
homes without permits. In East Jerusalem house demolitions are implemented in a
discriminatory manner:18 Arab homes are destroyed but not Jewish houses. In Area C the IDF
has demolished or designated for demolition homes, schools, clinics and mosques on the ground
that permits have not been obtained. Between May 2005 and May 2007, 354 Palestinian
structures were destroyed by the IDF in Area C. Many Bedouin communities have had their
structures demolished. In September 2007 the Special Rapporteur visited Al Hadidiya in the
Jordan Valley where the structures of a Bedouin community of some 200 families, comprising
6,000 people, living near to the Jewish settlement of Roi, were demolished by the IDF. This
brought back memories of the practice in apartheid South Africa of destroying black villages
(termed “black spots”) that were too close to white residents. Article 53 of the Fourth Geneva
Convention prohibits the destruction of personal property “except where such destruction is
rendered absolutely necessary by military operations”. According to B’Tselem, the Israeli
Information Centre for Human Rights in the Occupied Territories, the destruction of homes in
the Naqar neighbourhood of Qalqiliya failed to meet this test. The demolition of homes for
administrative reasons can likewise not be justified. Both East Jerusalem and Area C are
occupied territory, in respect of which the prohibition contained in article 53 applies.
F. Humanitarian situation
43. The construction of the wall, the expansion of settlements, the restrictions on freedom of
movement, house demolitions and military incursions have had a disastrous impact on the
economy, health, education, family life and standard of living of Palestinians in the West Bank.
Since 2006 the situation has deteriorated further. Israel withholds taxes which it collects on
behalf of the Palestinian Authority on all goods imported into the Occupied Palestinian Territory,
amounting to $50-60 million per month (about half of the budget of the Palestinian Authority).
Recently, Israel has transferred $119 million of the tax money it has unlawfully seized to the
Palestinian Authority and western States and the Quartet have promised to recommence funding
to the Palestinian Authority (insofar as it does not further the interests of Hamas in Gaza). At the
time of writing no material change is discernible in the humanitarian situation in the West Bank
as a result of the continuing occupation, the human rights violations described in this section of
the report and Israel’s refusal to transfer all the tax money due in law to the Palestinian
Authority. Poverty and unemployment are at their highest levels ever; health and education are
undermined by military incursions, the wall and checkpoints; and the social fabric of society is
threatened.
18
Meir Margalit, Discrimination in the Heart of the Holy City (Jerusalem, Al Manar Modern
Press, 2006).
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