Report on Violations of the Right to Adequate Housing in the occupied Palestinian territory Introduction In the first quarter of 2009, Israel continued to commit human rights violations throughout the occupied Palestinian territory (oPt), including through the practice of forced eviction; administrative and punitive home demolitions and destruction of housing and other essential infrastructure such as water and sanitation facilities and within the context of the construction of the illegal Wall. These actions violate not only the right to adequate housing, but also a number of other human rights and provisions of humanitarian law. For instance, the selective application of policies and practices that violate the Palestinian population’s right to adequate housing, whilst allowing for the construction and expansion of illegal Jewish settlements, violate the right to non-discrimination on religious, racial or ethnic grounds. Of particular concern is the demolition of Palestinian homes and other property and accompanying confiscation of lands which are then turned over to exclusively Jewish use. The lack of access to basic services and essential infrastructure in many Palestinian localities, due either to Israeli policies which restrict Palestinian development or military destruction, impact on the ability of Palestinians to enjoy their human rights to an adequate standard of living, health, water and sanitation. Furthermore, Israel’s policies of house demolitions for so-called administrative and punitive reasons have been found to constitute cruel, inhuman or degrading treatment or punishment prohibited by the Convention against Torture.1 Last but not least, the planned enormous expansions of Jewish settlements are in violation of international law and Israel’s obligations under the ‘Performance based Roadmap to a Permanent Two-state Solution to the Israeli-Palestinian Conflict’, and threaten the viability of a future Palestinian state. The impact of house demolitions on individuals, families and communities is severe. Many Palestinians live in constant fear of forced eviction through demolition, detrimentally affecting their ability to lead a normal life or invest in their housing. Furthermore, communities are torn apart by the often repeated demolition of entire villages; cultural and livelihood practices are made impossible as rural and Bedouin communities are displaced from their lands and livelihoods; and forced evictions and home demolitions often result in wide-spread displacement of the Palestinian population with significant repercussions in terms of psycho-social well-being, particularly for women and children. This briefing paper documents information from three different areas in the occupied Palestinian territory – East Jerusalem, Area C of the West Bank and the Gaza Strip. While the situations and the ostensible justifications for home demolitions are somewhat distinct in each area, and to some extent operate within different legal regimes, the detrimental impact of the home demolitions is largely the same across the three areas. COHRE welcomes the several reports and media releases published on this issue, particularly the recent report by the Office for the Coordination of Humanitarian Affairs (OCHA) on the planning crisis in East Jerusalem and statement by the Office of the High Commissioner for Human Rights (OHCHR) on demolitions in the West Bank and occupied East Jerusalem.2 By collating information on housing rights violations in the first quarter of 2009, COHRE highlights the wide extent of housing rights violations in the oPt and puts forward recommendations to end the wide-spread violations of human rights in the oPt, hold Israel accountable for violations and ensure remedy and restitution to victims.
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See, Concluding Observations of the UN Committee Against Torture: Israel, (2001), para. 6 (j), & COHRE, Submission to the Committee against Torture, (2009) available at http://www2.ohchr.org/english/bodies/cat/cats42.htm 2 OCHA, The Planning Crisis in East Jerusalem: Understanding the Phenomenon of “illegal” construction, (April 2009) & OHCHR, Statement by the Office of the High Commissioner for Human Rights in the occupied Palestinian territory, (1 May 2009).
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