A/HRC/34/38 Israeli authorities indicates that over 11,000 demolition orders in Area C were outstanding as of 2014, concerning an estimated 17,000 Palestinian-owned structures.53 26. Most structures have been demolished because of the absence of building permits issued by the Israeli authorities, which are almost impossible for Palestinians to obtain. In previous reports, it has been noted that the Israeli zoning and planning policy in the West Bank, which regulates the construction of housing and structures in Area C, is restrictive, discriminatory and incompatible with requirements under international law. 54 Provided that international humanitarian law is otherwise respected, 55 territorial planning has to be undertaken to enhance the life of the protected population, which is not the case in the present situation. The implementation of the zoning and planning regime cannot be invoked by Israel to justify any violation of international law. 27. The destruction of donor-funded humanitarian assistance to vulnerable communities spiked in 2016, when 292 donor-funded structures were demolished or seized by the Israeli authorities in Area C — a rate over 165 per cent higher than in 2015. Affected relief items included shelters and tents, water cisterns, animal barracks and other basic structures needed for survival and to gain a livelihood. Such actions are irreconcilable with the occupying power’s obligations to allow and facilitate humanitarian access for civilians in need.56 28. Forcible transfer does not necessarily require the use of physical force by the authorities but may be triggered by specific circumstances that leave individuals or communities with no choice but to leave. The existence of such circumstances constitutes what is known as a coercive environment.57 Any transfer that occurs without the genuine and fully informed consent of those affected is considered forcible. However, genuine consent to a transfer cannot be presumed in an environment marked by the use or threat of physical force, coercion, fear of violence or duress.58 29. Palestinians have been forced to move owing to the existence of a coercive environment within Area C of the West Bank59 and the area of the city of Hebron under Israeli control (H2).60 Coercive factors such as home seizures and demolitions leading to forced evictions, movement and access restrictions, instances of excessive use of force by Israeli security forces and settler violence have also been reported in East Jerusalem. 61 Forcible transfers have also been documented following the revocation of residency permits in East Jerusalem, 62 as well as the transfer of Palestinian detainees to Israeli prisons. 63 Human rights violations, for example of the rights to freedom of movement, privacy and 53 54 55 56 57 58 59 60 61 62 63 Office for the Coordination of Humanitarian Affairs, official data on demolition orders in Area C. Available from http://data.ochaopt.org/demolitions.aspx. See A/HRC/31/43, para. 45, referring to A/HRC/25/38, paras. 11-20; see also A/68/513, paras. 30-34. The implementation of the Israeli planning and zoning regime is problematic with regard to the prohibition of discrimination enshrined in human rights law and the right to adequate housing (International Covenant on Economic, Social and Cultural Rights, art. 11), including the prohibition on forced evictions and on unlawful or arbitrary interference with privacy, family and home (Committee on Economic, Social and Cultural Rights general comment No. 7 (1997) on forced evictions, para. 3). In particular, the Israeli planning and zoning regime may violate the obligation of the occupying power under international humanitarian law to ensure public order and safety while respecting the laws in force in the occupied territory (Convention respecting the Laws and Customs of War on Land, art. 43). Fourth Geneva Convention, art. 59; see also ICRC, Customary International Humanitarian Law, rule 55. See A/HRC/34/39, paras. 40-57. See A/67/372, para. 37, and A/HRC/24/30, para. 29. See A/HRC/31/43, para. 46, A/69/348, para. 16, and A/67/372, para. 37. See A/71/355, paras. 25-64. See A/70/351, paras. 25-51, and A/HRC/16/71, paras. 20-22. See A/67/372, para. 39, and A/HRC/16/71, paras. 23-24. Fourth Geneva Convention, art. 78. The transfer of prisoners into the territory of the occupying power is forbidden by article 76. 7

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