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Brief narrative |
Report of the United Nations High Commissioner for Human Rights on the implementation of Human Rights Council resolutions S-9/1 and S-12/1, A/HRC/16/71, 3 March 2011 Home demolitions and expansion of settlements 30. Forced evictions and the demolition of buildings, including homes, continued to take place in the West Bank, including East Jerusalem. From January through the end of November, 347 Palestinian structures were demolished in these areas (84 per cent in Area C). This represents an increase compared to the same period in 2009 (265 demolitions).32 As a result, approximately 1,300 Palestinians, including 700 children, were forcibly displaced or otherwise negatively affected. At the conclusion of the reporting period, the Office for the Coordination of Humanitarian Affairs reported an increase in demolition orders.33 31. Home demolitions were of particular concern in Area C and East Jerusalem.34 Between January and July, 199 Palestinian structures, including 59 homes, were demolished in Area C, displacing 242 people and undermining the livelihoods of an additional 696. Demolitions occurred during the enforcement of evacuation orders issued against Palestinians living in “closed military zones”. More than 33 per cent of Area C has been declared a “closed military zone,” leaving 59 communities highly vulnerable to demolition.35 It is recalled that only 1 per cent of the land in Area C is designated for Palestinian construction.36 32. In East Jerusalem, only 13 per cent of the land is designated for Palestinian construction.37 This has resulted in a housing crisis for Palestinians living in East Jerusalem. At least 28 per cent of Palestinian homes in East Jerusalem are built in contravention of the Israeli zoning regime, putting about 60,000 Palestinians in East Jerusalem at risk of displacement.38It is estimated that at least 1,500 demolition orders are pending in East Jerusalem, potentially affecting several thousand Palestinians.39 33. The threat of demolition is heightened in Silwan. In 2010, the Israeli-controlled municipality approved a development plan for the al-Bustan area of Silwan. The plan would lead to the demolition of more than 40 Palestinian homes; if implemented, approximately 500 Palestinians would be displaced.40 In October, protests occurred after Israeli police posted notices on several Palestinian homes, which prompted violent clashes between Israeli settlers, Israeli police and Palestinians.41 In the Sheikh Jarrah neighbourhood, several Palestinian families are at risk of displacement due to the efforts of Israeli settler organizations to forcibly evict them.42 34. Article 53 of the Fourth Geneva Convention prohibits any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons. Israel, as the Occupying Power, is obliged by international humanitarian law, and specifically article 43 of the Hague Regulations, to protect the local population and ensure its safety and welfare. The destruction of civilian homes also violates the right to adequate housing, including as a violation of the International Covenant on Economic, Social and Cultural Rights (article 11, para. 1). 32 Humanitarian Monitor, November 2010. 33 Ibid. 34 See joint alternative report submitted by the Centre on Housing Rights and Evictions and Al-Haq to the Human Rights Committee, on the occasion of the consideration of the third periodic report of Israel, June 2010. 35 See generally OCHA, “Area C Humanitarian Response Plan – Fact Sheet”, August 2010. 36 Ibid. 37 Humanitarian Monitor, October 2010. See also “Joint Alternative Report”, p. 16. 38 OCHA, “The Planning Crisis in East Jerusalem”, April 2009. 39 OCHA, “The Case of Sheikh Jarrah – Fact Sheet”, October 2010. 40 Humanitarian Monitor, June 2010. 41 Saed Bannoura, “Israel Hands 231 Orders Targeting Arab Homes In Jerusalem”, 26 October 2010 (International Middle East Media Center). 42 See generally David Hughes et al., Dispossession and Eviction in Jerusalem: The cases and stories of Sheikh Jarrah, (Jerusalem, 2009, Civil Coalition for Defending Palestinian Rights in Jerusalem). According to OCHA, an estimated 475 Palestinians are at risk of forced eviction and displacement in Sheikh Jarrah. |
