A/HRC/24/30
26.
A lack of accountability opens the door to further violence. As referred to in a
previous report (A/67/375, para. 38), the analysis of an Israeli human rights organization of
781 complaints registered from 2005 to 2011 found that an indictment was filed by Israeli
authorities in less than 9 per cent of investigations, which are opened as a result of a
complaint being made. Approximately 84 per cent of the investigations were closed due to
investigatory failures.42 Furthermore, Palestinians who file complaints with the Israeli
police often do not have access to information regarding the status or progress of any
investigation following from their complaint.
2.
Forcible transfer of Palestinians in Area C of the West Bank: Bedouin and herding
communities in the Jerusalem periphery and the Masafer Yatta communities
27.
The Israeli Civil Administration in the West Bank maintains (A/67/372, paras. 36–
37 and 55) its plans to transfer approximately 2,300 Palestinians currently living in the
eastern Jerusalem periphery, in connection with its plans to expand settlements in the
area.43 An Israeli plan for a new Bedouin village in Area C, within the Jericho Governorate,
is expected to be deposited for public comments later in 2013.44 If implemented, some
Bedouin and herding communities in the Jerusalem periphery and the Jordan Valley would
apparently be forcibly transferred to the new village, which would have the capacity for
approximately 6,000 residents.45 Despite the prevailing coercive environment in Area C, the
communities potentially affected by the different plans continue to oppose any transfer
from their current locations.46 Such transfers would adversely affect the traditional
economy and would likely lead to the disintegration of the social fabric of the affected
communities.
28.
In July 2012, Israeli military authorities confirmed their intention to “remove” eight
Palestinian farmer and shepherd communities, comprising approximately 1,000 persons,
living in the Masafer Yatta area, in order to enforce a “closed military zone” (“Firing Zone
918”).47 In 1999, the Israeli military evicted most of the residents from the area (some 700
Palestinians) and destroyed or confiscated most of their homes and property.48 The Israeli
High Court of Justice, in response to a petition from the residents, allowed some of them to
return until a final court decision was taken. This decision was still pending as of 25 May
2013. The affected communities have been living in the Masafer Yatta area for decades,
many since before the Israeli occupation began in 1967, and the majority of residents have
titles to prove ownership of their land. They are experiencing increasing pressure to leave,
but continue to peacefully oppose their eviction and transfer from the area.
29.
Under international humanitarian law, the forcible transfer of protected persons is
prohibited, although temporary evacuations may be undertaken in the context of active
hostilities where the security of the protected population or imperative military reasons so
demand. Neither of these circumstances applies in the cases of the above-mentioned
communities. A transfer is forcible, and thus unlawful, unless the affected persons choose
42
43
44
45
46
47
48
10
Yesh Din, “Law enforcement upon Israeli civilians in the West Bank”, Yesh Din Monitoring Update
(March 2012).
In December 2012, Israeli planning institutions provided initial approval for the construction of 3,426
housing units in the E1 area. See, for example, Kfar Adumim v. Ministry of Defence, HCJ (5665/11).
Bimkom and United Nations Relief and Works Agency for Palestine Refugees in the Near East
(UNRWA), Al Jabal: a Study on the Transfer of Bedouin Palestine Refugees, East Jerusalem, 2013,
p. 7.
Information provided by the Israeli NGO Bimkom (http://bimkom.org.il/eng).
For example, the Letter of the Protection Committee for Bedouin Communities of 3 December 2012.
Attorney General’s Response, HCJ Petition 517/00 and 1199/00, July 2012.
OCHA case study, “Life in a ‘Firing Zone’: the Masafer Yatta Communities”, May 2012.
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