A/HRC/2/5
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assumes a predominantly Jewish character, which will undermine Palestinian claims to
Jerusalem as the capital of an independent Palestinian State. This is being done by constructing
the Wall through Palestinian neighbourhoods in East Jerusalem and classifying neighbourhoods
on the eastern side of the Wall as belonging to the West Bank. This has serious implications for
the human rights of some 230,000 Palestinians living in Jerusalem.
44.
First, while Palestinians living on the west side of the Wall will be allowed to retain their
Jerusalem identity documents, which entitle them to certain benefits, particularly in respect of
social security, they will find it increasingly difficult to travel to cities in the West Bank such as
Ramallah and Bethlehem, where many of them are employed. Moreover, if they elect to reside
in the West Bank in order to be nearer to their places of work, they risk losing their Jerusalem
identity documents and the right to live in Jerusalem because under Israel’s so-called centre of
life policy, Palestinians must prove that they currently live in the city of East Jerusalem to
maintain their Jerusalem residency rights.
45.
Secondly, those relegated to the West Bank as a result of the construction of the Wall,
who number about a quarter of the city’s population of 230,000, will lose their Jerusalem identity
documents and the attendant benefits. They will also require a permit to enter Jerusalem, and
will be allowed to enter the city by only 4 of the 12 crossings in the Wall, which will
considerably increase their commuting time and impede their access to schools, universities,
hospitals, religious sites and places of employment.
46.
The construction of the Wall in order to achieve the Judaization of Jerusalem is a cynical
exercise in social engineering that imposes severe hardships on all aspects of Palestinian life.
VI. SETTLEMENTS
47.
Jewish settlements in the West Bank are illegal. They violate article 49, paragraph 6, of
the Fourth Geneva Convention and their illegality has been confirmed by the International Court
of Justice in the advisory opinion on the Wall. The Israeli High Court has consistently refused to
pronounce on the legality of settlements, which indicates that even Israel’s own High Court is
unwilling to confer legitimacy on settlements.
48.
Despite the illegality of settlements and the unanimous condemnation of settlements by
the international community, the Israeli Government persists in allowing settlements to grow.
Sometimes settlement expansion occurs openly and with the full approval of the Israeli
Government. For instance, in 2006 the Government approved the expansion of the settlements
of Givat Ze’ev, Kfar Sava, Maskiyot and Beitar Ilit (see Haaretz, 21 May 2006). More
frequently, expansion takes place stealthily under the guise of “natural growth”, which has
resulted in Israeli settlements growing at an average rate of 5.5 per cent compared with the
average growth rate in Israeli cities of 1.7 per cent. Sometimes settlements expand unlawfully
in terms of Israeli law, but no attempt is made to enforce the law. Outposts are frequently
established and threats to remove them are not carried out.
49.
As a result of this expansion, the settler population in the West Bank numbers
some 245,000 persons and that of East Jerusalem nearly 200,000. As indicated above, the Wall
is presently being built in both the West Bank and East Jerusalem to ensure that most settlements
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