A/HRC/20/32
C.
Demolition of homes and other structures
31.
While in Amman, the Special Rapporteur’s delegation met with the leaders of the
Israeli Committee Against House Demolitions, a widely respected NGO that has opposed
these demolitions as unlawful instances of collective punishment and violations of
Palestinian property rights. Also participating in the meeting was a Palestinian resident of
the West Bank, Salim Shawamreh, who has had his house demolished on five separate
occasions on the grounds that he lacked the proper construction permit, which he had
dutifully applied for on numerous occasions without gaining Israel’s permission to build.
His case is illustrative of a common Palestinian complaint that their property rights are
indirectly usurped through the denial of formal permits and the subsequent issuance and
execution of demolition orders, which are often executed in the middle of the night with no
advance notice to the inhabitants. For instance, in the case of Mr. Shawamreh, he was given
15 minutes to remove any family belongings or furniture. The recent statistics show that a
total of 262 structures, both residential and non-residential, were demolished in the West
Bank from September 2011 through January 2012.19 In the week of 8–14 February alone,
over 40 structures were demolished, which displaced 126 Palestinians, including 62
children. It was the highest number of demolitions reported in a week since June 2011. 20
32.
For Palestinians living under occupation in the occupied Palestinian territory, the
consequences of this policy of displacement are severe. According to the Special
Rapporteur on adequate housing as a component of the right to an adequate standard of
living, and on the right to non-discrimination in this context, the actions by Israel of
dispossession in Occupied East Jerusalem and the West Bank (as well as towards the
Palestinian citizens of Israel itself) amount to a ―strategy of Judaization‖.21 She found that
―the Israeli authorities promote a territorial development model that excludes, discriminates
against and displaces minorities, particularly affecting Palestinian communities‖, and that
such exclusion exists ―side by side with the accelerated development of Jewish
settlements‖.22 The Special Rapporteur expanded upon her comment, concluding that ―as a
whole, it is clear that Israeli policies and practices for the Palestinian population in East
Jerusalem and the West Bank violate international human rights and humanitarian law‖.23
V. Gaza blockade and current conditions
33.
The Special Rapporteur continues to be concerned about the human rights and
humanitarian consequences of the illegal blockade of the Gaza Strip by the occupying
power, but remains even more concerned about the denial of the right to self-determination
inherent in the continuing Israeli occupation of Gaza. While the Israeli settlers were
withdrawn in 2005, and the permanently stationed Israeli soldiers were withdrawn to the
borders of the Strip, Gaza remains occupied by Israel. The form of occupation changed, but
the occupying power remains in full control of the borders and even buffer zones on the
Gaza side of the borders; the entry and exit of all people, goods and services into and out of
19
20
21
22
23
14
Office for the Coordination of Humanitarian Affairs (OCHA), Monthly Humanitarian Monitor
(January 2012), p. 12.
OCHA, Protection of Civilians Weekly Report (8–14 February 2012), p. 2.
Special Rapporteur on adequate housing, ―Israel’s policies violate right to housing and need urgent
revision‖, press release of 13 February 2012.
Ibid.
Preliminary remarks of the Special Rapporteur on adequate housing on her mission to Israel and the
occupied Palestinian territory. Available from
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=11815&LangID=E.
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