A/HRC/37/43
period under review, 157 constructions were demolished in East Jerusalem, leading to the
displacement of 241 people, including 138 children.
34.
OHCHR followed the case of East Jerusalem residents Saleh Ibrahim Turk and his
family, who were displaced twice owing to demolitions, and relocated to Shuafat refugee
camp, an area beyond the wall, within the Jerusalem municipal border. The family’s first
house in ‘Anata, East Jerusalem, was demolished in 2007 because it was on the route of the
wall. After buying land in Isawiya, East Jerusalem, the family built a house without a
permit, as they were unable to secure one. They received a demolition order in 2013;
despite their efforts to postpone the demolition and the payment of heavy fines, the house
was demolished on 14 February 2017, without further warning. The family of 10 currently
lives on the ninth floor of an unfinished building, in Shuafat refugee camp. Owing to the
insecurity of the building and the many stairs, the mother and several of her children rarely
leave the house. Their livelihood has been considerably affected, given that they previously
relied on farming and livestock, and their movement is restricted because of the checkpoint
and the frequent closures linked to clashes.
35.
OHCHR monitored the situation of another family that moved from East Jerusalem
to another part of the West Bank after the demolition of their house in early 2017. Although
their house was located in a zone designated for construction, the area did not have a
zoning plan and the house was therefore built without a permit. After the demolition of
their house, the family moved to Area C in the West Bank, also owing to the lack of other
housing options. The children have to commute an additional hour, including through a
checkpoint, to reach their school in Jerusalem. The family now risks the revocation of its
Jerusalem residency status as it lives outside the municipal border, which would lead to
their permanent displacement from Jerusalem.
36.
Both cases of displacement due to house demolition are the direct consequence of
the implementation by Israel of a discriminatory planning and zoning regime in East
Jerusalem, notably in violation of the right to an adequate standard of living, including the
right to housing. Such cases of displacement may also amount to forcible transfer.
37.
According to the Office for the Coordination of Humanitarian Affairs, the majority
of families whose homes were demolished in East Jerusalem between 2012 and 2016
stayed in the same community; 20 per cent of the families moved from the East Jerusalem
side of the wall to the other side; of these, 65 per cent moved to Jerusalem municipality
areas, while the rest moved to other parts of the West Bank. Palestinian residents of East
Jerusalem who relocate outside the municipality of Jerusalem risk the definitive loss of
their East Jerusalem residency, which is afforded on the condition that the centre of their
life is effectively there (see para. 56 below).
38.
An Israeli local government audit found that some 140,000 residents live in the eight
Palestinian neighbourhoods that lie within the Jerusalem municipality border defined by the
Israeli authorities but in areas separated from the rest of East Jerusalem by the wall.31 The
neighbourhoods severely lack basic infrastructure, municipal services and law enforcement,
and suffer from poor living conditions, 32 although the communities themselves are under
the authority of the municipality of Jerusalem and pay municipal taxes.
39.
As at 31 October 2017, eviction cases had been filed against at least 180 families
(about 800 people) in East Jerusalem, including 21 households in the Old City. Most cases
were initiated by settler organizations aiming at gaining control of Palestinian properties by
claiming ownership prior to 1948 or challenging the “protected tenant” status of some
families.33 As previously reported, private settler initiatives have significantly increased in
East Jerusalem since 2009, particularly in the neighbourhoods surrounding the Old City,
31
32
33
See Association for Civil Rights in Israel, East Jerusalem: Facts and Figures 2017, 21 May 2017. The
areas comprise Qalandia, Kufr Aqab, Shuafat refugee camp and surrounding area (including Ras
Khamis and Ras Sheheda) and parts of Im Shirayat, Abu Emgheyreh, Al Shayyah, Ber Owna and As
Sawariya.
UNDP, Jerusalem Communities behind the Wall: “Area X”, Resilience Series, March 2017, p. 7.
Office for the Coordination of Humanitarian Affairs, “East Jerusalem: Palestinians at risk of
eviction”, 3 November 2016. The status of “protected tenants” was granted to Palestinians who were
renting properties in East Jerusalem as administered by Jordan after 1948.
9
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