A/HRC/31/43
42.
Israeli authorities continue to make use of administrative measures against Israelis
suspected of violent, ideologically motivated acts, in efforts to stave off such crimes. Steps
included the administrative detention of three Israelis, 26 as well as the issuance of at least 36
administrative restraining orders, 16 of which were issued against minors. The latter mainly
aimed at restricting movement of suspects in the West Bank. 27
43.
The use by Israel of administrative detention against Palestinians and Israelis alike
has been condemned by the Secretary-General (see A/69/347, para. 29).28 Where criminal
charges cannot be brought, Israeli authorities should consider the use of alternative
measures, such as restraining orders, and implement them in accordance with human rights
obligations, including adequate judicial review and due process.
VI. Impact on Palestinian communities at risk of forcible
transfer
(a)
General overview
44.
The Secretary-General voiced concerns at the deteriorating human rights and
humanitarian situations facing Palestinian Bedouin and herder populations affected by
home demolitions and Israeli plans for “relocation” of entire communities.29
45.
The Secretary-General has previously noted 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 (see
A/HRC/25/38, paras. 11-20). The planning system favours Israeli settlement interests over
the needs of the protected population and makes it practically impossible for Palestinians
living in Area C (approximately 300,000, according to the Office for the Coordination of
Humanitarian Affairs) to obtain building permits. Severe restrictions on Palestinian
planning in Area C further prevents the development of communities, which are effectively
denied basic services and infrastructure under the current policy.
46.
This impossibility of building safely creates enormous pressure on communities,
particularly those targeted for relocation, as they know that within the current system there
is no long-term protection from demolition and destruction of their property, creating a
coercive environment that effectively drives communities off the land they have inhabited
for decades.
47.
According to the Office for the Coordination of Humanitarian Affairs, in a decrease
compared with last year’s reporting period, between 1 November 2014 and 31 October
2015, Israeli authorities demolished 554 Palestinian structures in the West Bank, including
East Jerusalem, of which 137 were residential, inhabited structures. These demolitions
resulted in the displacement of 712 Palestinians, and affected the livelihoods of
communities throughout the West Bank. 30 During the previous year (1 November 2013 to
31 October 2014), the Office recorded demolitions of 628 Palestinian structures, which
resulted in the displacement of 1,263 Palestinians.
26
27
28
29
30
Gili Cohen, “Ya’alon: Administrative Detention Used on Jewish Extremists to Prevent Future
Attacks”, Haaretz, 10 September 2015.
Based on Israeli media reports between November 2014 and October 2015.
See also 9 August 2015 Security Council briefing on the situation in the Middle East including the
Palestinian question by Under-Secretary-General Jeffrey Feltman.”
See statement by the spokesperson for the Secretary-General, New York, 8 September 2015.
Information from the Office for the Coordination of Humanitarian Affairs (unpublished), provided by
correspondence dated 26 November 2015.
11
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