A/HRC/25/38
Palestinians undergo a long and costly process before a building permit within this area
may be granted. Even if requirements to obtain a building permit in West Jerusalem are
similar, underinvestment by the Municipality in public infrastructure and the inequitable
allocation of budgetary resources in East Jerusalem make it very difficult for Palestinians to
fulfil all requirements to obtain a permit.36 As a result, at least 33 per cent of Palestinian
homes in East Jerusalem lack Israeli-issued building permits, placing at least 93,100
residents at risk of eviction, demolition of their homes and displacement.37
12.
In Area C of the West Bank, Palestinians are not allowed to build on approximately
70 per cent of the land mass and are subject to severe restrictions regarding construction in
the remaining 30 per cent.38 Less than 1 per cent of Area C has been planned for Palestinian
urban development.39 Palestinians are not represented in the planning process, unlike Israeli
settlers.40 The combination of these factors makes it virtually impossible for Palestinians to
obtain a permit to construct homes or infrastructure in Area C. Many Palestinians therefore
build without building permits, putting them at risk of eviction, demolition of their homes
and displacement.41 According to the Israeli Civil Administration (ICA), between 2009 and
2012, only 2.3 per cent of the permit applications by Palestinians in Area C were
approved.42 Between 30 November 2012 and 30 October 2013, 477 Palestinian structures
were demolished in Area C, which caused the eviction and displacement of 644 people, half
of them children.43
13.
In contrast, Israeli authorities have provided settlements with detailed planning and
established preferential policies, including granting incentives and benefits to settlers,
allocating settlements land for expansion and connecting them to public services and
infrastructure.44 In addition, the strict application of planning laws to Palestinian
communities, which causes a large number of evictions and demolitions of Palestinian
structures, contrasts with the flexibility shown by the planning authorities towards Israeli
settlements.45 The widespread lack of enforcement of laws granting the power to evict and
demolish structures when they are violated by Israeli settlers further highlights the
differentiated application of planning policy.46 For instance, in Area C, in the period 2010–
2012, 2,418 demolition orders were issued for Palestinian buildings, while only 1,143
demolition orders were issued for Israeli settlement buildings.47
14.
Israeli planning policy is thus discriminatory against Palestinians as compared with
Israeli settlers. As illustrated above, even if the planning laws in principle do not establish
different requirements for Palestinians and Israeli settlers, they impose unachievable
conditions for Palestinian construction. In contrast, Israeli settlers do not face such
difficulties, for instance regarding the allocation of building permits and participation in the
36
37
38
39
40
41
42
43
44
45
46
47
A/66/364, paras. 13-15.
See www.ochaopt.org/documents/ocha_opt_Jerusalem_FactSheet_December_2012_english.pdf.
A/68/513, paras. 30-33.
See www.ochaopt.org/documents/ocha_opt_area_c_factsheet_January_2013_english.pdf.
A/68/513, para. 32. See also B’Tselem – The Israeli Information Center for Human Rights in the
Occupied Territories, “Acting the landlord: Israel’s policy in Area C” (June 2013), p. 13. Available
from www.btselem.org/download/201306_area_c_report_eng.pdf.
A/68/513, paras. 30-33 and A/66/364, para. 19.
Information provided by the Office for the Coordination of Humanitarian Affairs.
Ibid.
A/68/513, paras. 23-29 and 34.
See Land Grab, Israel’s Settlement Policy in the West Bank, May 2002, available from:
www.btselem.org/download/200205_land_grab_eng.pdf.
A/68/513, para. 34. See also: “The road to dispossession – a case study: the outpost of Adei-Ad”,
Yesh Din, 18 April 2013, available from www.yesh-din.org/postview.asp?postid=254.
Information provided by ICA to OCHA.
7
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