A/HRC/37/43 IV. Impact of settlements: a case study of the coercive environment in East Jerusalem 26. Since the occupation of East Jerusalem by Israel in 1967, more than one third of the territory of East Jerusalem has been expropriated for the construction of Israeli settlements (A/66/364, para. 13). Jerusalem has 323,700 Palestinian residents, accounting for 37 per cent of the population of the city. According to sources, in East Jerusalem, 210,000 Israeli settlers live in large settlement blocs, while another 2,000 to 3,000 live in small enclaves in the heart of Palestinian neighbourhoods.19 Unlike settlements in the West Bank, those in East Jerusalem are located within densely populated Palestinian neighbourhoods, causing significant friction and violence. 27. The Secretary-General has previously voiced concerns about the impact of settlement policies on the living conditions of Palestinians, including the increased risk of individual and mass forcible transfer (A/HRC/34/38, para. 23; A/HRC/34/39, para. 40; A/72/564, para. 27). There is a concern that Israel, as the occupying Power, is increasing pressure on Palestinians living in areas under full Israeli control through practices and policies that contribute to a coercive environment, compelling them to move out of their areas of residence (A/HRC/34/39, paras. 40-42). 28. International humanitarian law prohibits the transfer of a population by an occupying State into an occupied territory, and individual or mass forcible transfer or deportation of the population of an occupied territory, regardless of the motive.20 Such a transfer amounts to a grave breach of the Fourth Geneva Convention and is therefore a war crime. 21 Forcible transfer does not necessarily require the use of physical force by authorities; it may be triggered by specific factors that give individuals or communities no choice but to leave, amounting to what is known as a “coercive environment”. Any transfer without the genuine and fully informed consent of those affected is considered forcible. Genuine consent to a transfer cannot, however, be presumed in an environment marked by the use or threat of physical force, coercion, fear of violence, or duress (A/HRC/34/38, para. 28; A/HRC/34/39 para. 41). Human rights, such as the rights to freedom of movement, privacy and family life, 22 in addition toeconomic, social and cultural rights (A/HRC/16/71, para. 24), are usually violated within the context of forcible transfer. A. Discriminatory planning and zoning 29. Municipal planning practices differ in the case of Israelis in West Jerusalem, Palestinians in East Jerusalem and Israeli settlers in East Jerusalem. As reiterated in previous reports of the Secretary-General and the Committee on the Elimination of Racial Discrimination, the planning regime adopted by Israel is discriminatory and incompatible with requirements under international law (A/HRC/25/38, paras. 11-14; A/HRC/31/43 paras. 18 and 45; A/HRC/34/38, para. 25; CERD/C/ISR/CO/14-16, para. 25). Its planning policies and processes in East Jerusalem and Area C contravene the principle of nondiscrimination in relation to the right to an adequate standard of living, including the right to housing.23 30. Israeli authorities have allowed for the planning and zoning of only 13 per cent of East Jerusalem for Palestinian residential construction, most of which is already built up. According to the Association for Civil Rights in Israel (ACRI), for more than a decade, local and district planning authorities have not advanced a single outline plan in the Palestinian neighbourhoods despite the fact that, over the same period, the Palestinian population in East Jerusalem increased by more than 25 per cent. 24 In areas where 19 20 21 22 23 24 Daniel Seidemann, The Israeli Settlement Enterprise in East Jerusalem, 1967-2017 (Jerusalem, 2017), p. 15. 20 See Fourth Geneva Convention, art. 49. See Fourth Geneva Convention, art. 49. Fourth Geneva Convention, art. 147; Rome Statute, art. 8 (2) (b) (viii). International Covenant on Civil and Political Rights, arts. 12 and 17. International Covenant on Economic, Social and Cultural Rights, art. 11. See also A/72/564, para. 25. See http://jerusaleminstitute.org.il/.upload/yearbook/2007_8/shnaton%20C0106.pdf. 7