A/HRC/25/67
unelected bureaucracy in charge of creating new outposts without political authorization or
oversight.33
32.
The Special Rapporteur notes that while Sasson’s report labelled the outposts as
illegal under Israeli law and recommended their dismantlement, developments on the
ground since then have shown that successive Israeli Governments preferred to follow the
approach endorsed post facto by the Levy Committee. Of 1,708 units constructed in West
Bank settlements in the first half of 2013, 180 units were located in outposts (see
A/HRC/25/38). In May 2013, Israel announced plans to legalize four outposts in the West
Bank (in other words to recognize them as official settlements).34 While the Netanyahu
Government never adopted the Levy report, the Knesset Constitution, Law and Justice
Committee is expected to debate the report early in December 2013, indicating that it is
being taken seriously at the highest levels in Israel.35
“Demographic balance” in East Jerusalem
33.
The status of East Jerusalem remains one of the most contentious issues to be
resolved in the Israeli-Palestinian conflict. It is worth recalling that in its resolution
478 (1980), the Security Council affirmed that the Basic Law of Israel proclaiming
Jerusalem, including the annexed area, as the capital of Israel constitutes a violation of
international law and does not affect the application of the Fourth Geneva Convention in
Palestine, including East Jerusalem.
34.
For Palestinians living in East Jerusalem, their situation would not be as precarious
if, despite the illegality of annexation, they were treated equally and afforded access to
quality education, health care and housing. Instead, Palestinians living in East Jerusalem are
regarded as “permanent residents” and subject to a gradual and bureaucratic process of
ethnic cleansing.36 This has consisted of revocation of residency permits, demolitions of
residential structures built without Israeli permits (often virtually impossible to obtain),37
and forced evictions of Palestinian families, in violation of the basic right to adequate
housing, enshrined in the International Covenant on Economic, Social and Cultural Rights.
35.
A 2013 report by the United Nations Conference on Trade and Development on the
Palestinian economy in East Jerusalem detailed Israeli policies that have impeded the
natural growth of the Palestinian economy. It also noted that Palestinians are made to pay
high municipal taxes in return for poor services and disproportionately low public
expenditure in East Jerusalem.38 This has been particularly evident with respect to
education, characterized by a shortage of classrooms, a high overall dropout rate of 13 per
cent among Palestinian schools in East Jerusalem, and a general neglect of the Arab
schooling system in comparison to their Jewish counterparts literally metres away in
West Jerusalem.39
36.
The situation in East Jerusalem today is a microcosm of the fragmentation of
territory taking place across the West Bank. Israel actively seeks to undermine the
Palestinian presence to serve its goal of preserving a Jewish majority in East Jerusalem.
33
34
35
36
37
38
39
See www.mfa.gov.il/mfa/aboutisrael/state/law/pages/summary%20of%20opinion%20concerning%20
unauthorized%20outposts%20-%20talya%20sason%20adv.aspx.
See www.haaretz.com/news/diplomacy-defense/israel-to-legalize-four-west-bank-settlementoutposts-slated-for-demolition-1.524291.
See www.jpost.com/Diplomacy-and-Politics/Knesset-panel-to-debate-Levy-Report-333137.
A/65/331, para. 14, and A/HRC/20/32, para. 32.
A/68/513, paras. 30–33.
See http://unctad.org/en/PublicationsLibrary/gdsapp2012d1_en.pdf.
See www.acri.org.il/en/2013/09/02/ej-edu-report-13.
11
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