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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