A/HRC/34/70
majority of the individuals affected by demolitions in 2016 were children (160 out of
295).19
16.
As noted in the previous report of the Special Rapporteur, Palestinian communities
in the West Bank, including East Jerusalem, are often subject to closures of streets that
effectively seal off entire neighbourhoods, checkpoints and a heightened police presence,
often as a form of collective punishment (see A/71/554, paras. 25-32). Defense for Children
International-Palestine has called 2016 the deadliest year in a decade for Palestinian
children in the West Bank, including East Jerusalem, with 32 children killed by Israeli
forces. Proximity to large numbers of police officers in a tense environment, the near daily
need to pass through checkpoints and the risk of eviction and demolition not only put
children at risk of arrest, detention and abuse, but they also significantly limit access to
basic services, including education.
17.
Education in Jerusalem has become a political tool for some members of the
Government of Israel, with the Education Minister, Naftali Bennet, declaring the 2016
school year “United Jerusalem” year, noting that it marks the fiftieth year since Israel
unilaterally annexed East Jerusalem. Schools in East Jerusalem already receive significantly
less funding than those in West Jerusalem, despite the existence of laws and High Court
rulings that aim to prevent such discriminatory practices. 20 A 2011 High Court ruling held
that the shortage of classrooms in East Jerusalem in the official educational system
constituted a violation of the students’ right to education, and mandated the construction of
thousands of additional classrooms.21 As of 2016, the classroom shortage stood at 2,672,
having only worsened since 2011. 22 Adalah, a legal centre for minority rights in Israel,
noted that the High Court ruling made no mention of funding being conditional on the
adoption of a particular curriculum and added that an unequal budgetary allocation that
only had an impact on Arab schools would amount to discrimination. 23 The right to
education is guaranteed by article 13 of the International Covenant on Economic, Social
and Cultural Rights, to which Israel is a party. It therefore has an obligation to respect,
protect and fulfil, with the obligation to fulfil incorporating the obligation to both facilitate
and provide. The Committee on Economic, Social and Cultural Rights has further noted
that education is both a human right in itself and an indispensable means of realizing other
human rights, and that it must be accessible to everyone, without discrimination. 24
B.
Gaza
18.
In 2017, the Israeli blockade of Gaza enters its tenth year. As previously stated by
the Special Rapporteur (A/71/554, para. 31) and the Secretary-General (A/HRC/24/30,
paras. 21-23),25 the closure of Gaza amounts to collective punishment, which is prohibited
under international law.26 Despite repeated calls to end the blockade from the international
community, the situation on the ground is growing worse. 27 The movement of people in and
19
20
21
22
23
24
25
26
27
See www.btselem.org/planning_and_building/east_jerusalem_statistics.
See Adalah, “Conditioning budgets for repairing East Jerusalem schools on adoption of Israeli
curriculum is illegal”, 17 August 2016 and Nir Hasson, “Arab students in Jerusalem get less than half
the funding of Jewish counterparts”, Haaretz, 23 August 2016.
Association for Civil Rights in Israel, “HCJ: authorities have 5 years to provide public education in
East Jerusalem”, 6 February 2011.
Ir Amim, “Between the hammer and the anvil: persistent neglect and attempted coercion in the East
Jerusalem education system” (September 2016).
Adalah, “Conditioning budgets”.
Committee on Economic, Social and Cultural Rights, general comment No. 13 (1999) on the right to
education.
See also www.unrwa.org/newsroom/official-statements/remarks-un-secretary-general-ban-ki-moonpress-encounter-gaza.
Fourth Geneva Convention, art. 33. The Human Rights Committee has further noted that the
prohibition on collective punishment is non-derogable: see general comment No. 29 (2001) on
derogations from provisions of the Covenant during a state of emergency.
The previous report of the Special Rapporteur (A/71/554) addressed the economic and development
impact of the blockade in depth.
5
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