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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East Jerusalem and the practice of demolitions of “illegal” homes In the first quarter of 2009, at least 17 structures, including 14 homes, were demolished in East Jerusalem. In total, 55 persons were affected by these demolitions, and 49 of them, including 29 children, were displaced. Demolition orders were issued for about 90 houses comprising of the entire al Bustan quarter of Silwan located near the historically and culturally important Haram alSharif/Temple Mount for violating the so-called ‘green zone’ where no construction is permitted. The orders, however, did not take into consideration the fact that the area is the only place in which Silwan village can naturally expand. In total, it is estimated that over 1,500 Palestinian Demolished home in East Jerusalem residents of East Jerusalem were immediately threatened with home demolition and displacement at the end of April 2009. The vast majority of those affected are not provided with compensation or alternative housing for the loss of their homes. An alternative plan submitted by the residents of al Bustan to change the status of the area from ‘green’ to ‘residential’ was rejected by the planning committee of the Jerusalem municipality. In the meantime, 5,722 new housing units have been planned for the construction of illegal Jewish settlements in East Jerusalem.3 Since the illegal occupation and subsequent annexation of East Jerusalem by Israel in 1967, Israel has claimed that the entire city of Jerusalem is Israeli territory and officially applies Israeli legislation to the city. This includes legislation that sanctions the demolition of homes constructed without permits. The Jerusalem municipality and the central government use this legislation in an attempt to justify home demolitions in East Jerusalem. Legislation to acquire building permits is applied selectively and in a discriminatory manner towards Palestinian residents of East Jerusalem. Building permits can only be granted in areas that have a town plan. Under Israeli law, it is the Government’s responsibility to carry out planning for the benefit of its citizens. Citizens are then entitled to receive a building permit if the application follows planning and procedural requirements. For the land in East Jerusalem that is still owned by Palestinians, there are either no plans at all (and thus no permit can be issued), or plans designate the land as “open spaces” or “green areas” and thus do not allow for built up areas.4 This prevents the natural expansion and growth of Palestinian areas. Applying for permits is a long and costly process and those that apply for permits often have their application rejected. Discrimination is also evident in the application of legislation that allows for demolition. The Association for Civil Rights in Israel notes that “In 2004, for example, 85 per cent of recorded building violations in Jerusalem were located in the western part of the city, while 91 per cent of all administrative demolition orders were for buildings in East Jerusalem.”5 The Palestinian population of East Jerusalem has quadrupled from approximately 66,000 in 1967, or 24 per cent of the city’s population at the time, to approximately 264,000, or 34 per cent of the total Jerusalem population. Approximately 67 per cent of Palestinian families in Jerusalem live below the poverty line, as opposed to 21 per cent of the city’s Jewish families. The almost complete lack of town planning in East Jerusalem has led to a severe shortage of housing. Residents are left with no choice but 3 Figures are based on statistics maintained by the UN Office for the Coordination of Humanitarian Affairs (OCHA), Occupied Palestinian Territories. For information on the planned settlements, refer to UN OCHA Humanitarian Monitor, occupied Palestinian Territories, February 2009, available at UN OCHA Humanitarian Monitor, occupied Palestinian Territories, February 2009, available at http://www.ochaopt.org/?module=displaysection&section_id=97&static=0&format=html 4 For an explanation of the planning regime and Israeli legislation used to justify demolitions, refer to: Ir Amim, A Layman’s Guide to Home Demolitions in East Jerusalem, available at http://www.ir-amim.org.il/Eng (go to ‘Publications’) 5 The Association for Civil Rights in Israel (ACRI), East Jerusalem – Facts and Figures, June 2008, available at http://www.acri.org.il/eng/story.aspx?id=500
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to build without permits, and subsequently live in constant fear of forced eviction in densely crowded buildings.6 Further, services and facilities provided to Palestinian residents of East Jerusalem are limited compared with those provided to Jewish residents of Jerusalem. There are currently around 160,000 Palestinian residents who lack connection to the water network and a lack of sewerage in areas renders residents dependent on the use of cess pits.7 Forced evictions and the ensuing forced displacement of residents constitute severe violations of international human rights law, most notably of the right to housing enshrined in Article 11(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). Demolitions are carried out in a clearly discriminatory manner indicating the intent to change the demographic composition of Jerusalem. The practice of home demolitions in East Jerusalem is heavily criticised by the international community. The EU, for instance, in a December 2008 report, stated that “house demolitions in occupied East Jerusalem are illegal under international law, serve no obvious purpose, have severe humanitarian effects, and fuel bitterness and extremism”8, and that “the provision of services in what is, according to Israeli definition, a single municipality, reflect discriminatory practices”9.
Home demolitions and new settlements in the West Bank (Area C) Like in East Jerusalem, many Palestinian homes in Area C of the West Bank, where Israel maintains military authority and control over building and planning, are constantly threatened with demolition. In the first quarter of 2009, at least 77 persons, including 50 children, were displaced due to forced eviction and housing demolitions in Area C.10 Many of those affected and threatened have previously experienced forced eviction and home demolition. In the meantime, Israel plans for significant extensions of illegal settlements in the West Bank that will add 73,000 housing units to existing settlements, 15,000 of which have already been Demolished house by the Wall, Qalaqiliya district approved.11 These expansions designed to serve Israel’s Jewish citizens are not only in violation of humanitarian law including the Fourth Geneva Convention, but are in clear contravention of commitments made by Israel in the 2003 Roadmap, and reiterated at the Annapolis Conference in 2007.12 Home demolitions, land confiscation for military and settlement purposes, and expansions of settlements increasingly make the lives of many residing in Palestinian villages and towns in the West Bank untenable, as housing, agricultural lands and connections between localities are lost thus leading to the further marginalisation of Palestinian communities.
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For information on living conditions in East Jerusalem, refer to: The Association for Civil Rights in Israel (ACRI), East Jerusalem – Facts and Figures, June 2008, available at http://www.acri.org.il/eng/story.aspx?id=500
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Ibid.
EU Heads of Mission Report on East Jerusalem, December 2008, paragraph 34. 9 Ibid, paragraph 31. 10 Figures are based on statistics maintained by the UN Office for the Coordination of Humanitarian Affairs (OCHA), Occupied Palestinian Territories, on file with COHRE. 11 See Ministry of Housing’s Plans for the West Bank, Peace Now, March 2009. 12 The commitments of the Government of Israel contained in the Roadmap are: GOI [Government of Israel] immediately dismantles settlement outposts erected since March 2001. Consistent with the Mitchell Report, GOI freezes all settlement activity (including natural growth of settlements). See: A Performance-Based Roadmap to a Permanent Two-State Solution to the Israeli-Palestinian Conflict, 2003, available at http://www.un.org/media/main/roadmap122002.pdf and the Joint Understanding on Negotiations of the Annapolis Conference in 2007 which states that “The parties also commit to immediately implement their respective obligations under the PerformanceBased Road Map to a Permanent Two-State Solution to the Israel-Palestinian Conflict”, available at http://www.mfa.gov.il/MFA/History/Modern+History/Historic+Events/The+Annapolis+Conference+27-Nov2007.htm#statements 8
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As part of the Oslo agreements, the West Bank was divided into different jurisdictional areas. Area A consists of major Palestinian cities and is under full Palestinian Authority. In Area B, comprising Palestinian rural communities, civil authority is vested in the Palestinian Authority, and security authority is held by Israel. In Area C, covering 61per cent of the West Bank, Israel retains full military control including over the building and planning sphere. Approximately 228,000 Palestinians live in Area C and therefore must obtain building permits from Israeli authorities if they want to build “legally”. However, in the period from January 2000 to September 2007, over 94 per cent of building permits submitted by Palestinians were denied, over 5,000 demolition orders issued and over 1,600 Palestinian buildings demolished.13 This situation remains unaddressed to date. As is the case in East Jerusalem, the permit regime in Area C is applied selectively and in a discriminatory fashion towards Palestinians, who are left with no choice but to build without permit. Many families experience demolition of their homes or entire villages repeatedly, and the impact on livelihoods, education, as well as psychological well-being is severe. With control over the building and planning sphere in Area C, Israel is the responsible party and therefore is obliged to respect, protect and fulfil the human right to housing in Area C as guaranteed in Article 11(1) of ICESCR and other human rights contained in international human rights and humanitarian law treaties to which Israel is party. As an occupying power, Israel is responsible for the welfare of the population and obliged under Article 53 of the Fourth Geneva Convention to refrain from destroying real or personal property belonging to private persons, unless destruction is absolutely necessary by military operations.
Indiscriminate destruction of housing in the Gaza Strip during operation ‘Cast Lead’ Israel’s military incursion into the Gaza Strip from 27 December 2008 to 18 January 2009 has led to the large scale damage and destruction of housing and essential infrastructure and displaced well over 70,000 people. A Rapid Needs Assessment14 conducted by UN OCHA and other agencies in Gaza in late January concluded that 3,914 housing units were completely destroyed. The real figure is known to be significantly higher, as the assessment was only carried out in 49 of 61 localities and excluded refugee camps in Gaza, which were among the hardest hit. In addition, at least 29,913 housing units suffered varying degrees of reparable damage. An assessment of numbers of internally displaced persons conducted at the same time in 45 localities in Gaza found at least 71,657 individuals, or 10,991 families, who had been displaced and were staying with host families in late January 2009. Reconstructing even basic shelters will be a significant challenge unless restrictions on imports to Gaza are lifted. In February 2009, 80 per cent of imports into Gaza carried food stuffs, leaving the urgent need for construction materials, including for water and wastewater infrastructure, largely unaddressed.15 A survey conducted in March 2009 found that, of those households with dwellings in need of repair, 64 per cent had no concrete plans for repair works, of these 80 per cent was primarily due to the lack of money and 65 per cent due to lack of construction materials.16 The housing crisis in Gaza has significantly worsened due to the military incursion, which caused huge physical destruction of property and other civilian infrastructure. In addition, the continued blockade of the Gaza Strip prevents reconstruction efforts, particularly due to the lack of concrete available in the territory. The ongoing blockade of Gaza and the resulting shortage of spare parts, materials, equipment, electricity and fuel has all but left water and wastewater services in Gaza on the brink of collapse. As well as leaving people without access to water and wastewater services and thereby prone to significant health risk, overflowing sewage systems are destroying or rendering uninhabitable housing in several areas, including in Beit Hanoun, Beit Lahia and Netzarim.
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For an explanation of “lack of permit” demolitions in Area C and the division of the West Bank into Areas A, B and C, see ““Lack of Permit” Demolitions and Resultant Displacement in Area C”, UN OCHA Special Focus, occupied Palestinian territory, May 2008. 14 On file with COHRE. 15 UN OCHA Humanitarian Monitor, occupied Palestinian Territories, February 2009, available at http://www.ochaopt.org/?module=displaysection&section_id=97&static=0&format=html 16 Fafo & UNFPA, Life in the Gaza Strip six weeks after the armed conflict 27 Dec 2008- 17 Jan 2009, (2009).
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Whilst armed Palestinian factions have breached international humanitarian law by launching rockets into civilian areas inside Israel, the indiscriminate, excessive and disproportionate use of force employed by the Israeli military in the Gaza Strip violated international human rights and humanitarian law. As the occupying power of Gaza, maintaining effective control of Gaza’s territory, Israel remains responsible for the welfare of the civilian population and is obliged to uphold international human rights law and the Fourth Geneva Convention in the Gaza Strip. Israel must ensure under international law that Palestinians are provided with or allowed to secure the basics for survival, including shelter. The Fourth Geneva Convention, relative to the Protection of Civilian Persons in Time of War (1949) states that “Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons (…), is prohibited, except where such destruction is rendered absolutely necessary by military operations”17. In addition, the widespread destruction of property in reprisal for rocket attacks for which the civilian population cannot be regarded as responsible constitutes collective punishment, which is prohibited under international humanitarian law.18 As per the ICESCR ratified by Israel, all people are guaranteed the right to an adequate standard of living, including housing.19 During the Gaza incursion, houses were not only destroyed in aerial attacks, but also destroyed or damaged in ground fighting, by bulldozers or in controlled explosions. Targeted destruction of housing was in many instances carried out because the houses obstructed visibility for the Israeli Defence Force (IDF) soldiers, or on suspicions that turned out to be unfounded. The IDF itself, following an investigation of the destruction of housing in Gaza, stated that the destruction of personal property would be difficult to justify under international law.20 Allegations that war crimes were committed both through the choice of means of warfare and the choice of targets have been voiced by many, including the UN Special Rapporteur for the Palestinian Territories.21 Israeli attacks have caused the forced displacement of thousands of people through the destruction of housing and other civilian property and infrastructure. In addition, the continued blockade of the Gaza Strip and the resulting continued lack of entry for construction materials amounts to a denial of a remedy for the violations that have occurred, and a denial of humanitarian assistance which is a war crime under international law.22
Recommendations In light of the widespread violations of international human rights and humanitarian law that are occurring in the occupied Palestinian territory, COHRE makes the following recommendations: To the government of Israel: • •
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Immediately end all administrative and punitive demolitions of Palestinian homes in the areas under its control; Ensure that the housing needs of the Palestinian people are met including through the development of town plans, non-discrimination in the administration of permits, and provision of basic services; End the planning and construction of Jewish settlements in the West Bank including East Jerusalem and comply with commitments made in the Road Map and reiterated at Annapolis; End the blockade of the Gaza Strip and urgently allow import of vital construction materials into the Gaza Strip; Remedy the violations of the right to housing that have occurred in East Jerusalem, Area C and the Gaza Strip through consultations with affected people; End the unlawful occupation of Palestinian territory, including East Jerusalem.
Fourth Geneva Convention, Article 53. Fourth Geneva Convention, Article 33, Hague Convention and Regulations, Article 50. 19 International Covenant on Economic, Social and Cultural Rights, Article 11 (1). 20 See “IDF probe: Cannot defend destruction of Gaza homes” in Haaretz, 15 February 2009. 21 See the statement of the Special Rapporteur issued on 9 January 2009. 22 Fourth Geneva Convention, Article 59, Rome Statute of the International Criminal Court, Article 8 (2).
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To the various UN bodies and the international community • Urgently take steps to address the issue of wide-spread home demolitions in the oPt and hold Israel accountable for violations of international law; • Conduct an independent and impartial investigation into the destruction of civilian property, including essential infrastructure such as water, sanitation and electricity, and other violations of human rights and humanitarian law in Gaza in relation to operation “Cast Lead”, and hold accountable all those responsible for the violations; • Exert pressure on Israel to provide remedies to victims in Gaza and the West Bank including restitution for destroyed or damaged property. To the Conference of the High Contracting Parties to the Geneva Convention relative to the Protection of Civilians in Time of War (Fourth Geneva Convention) •
Immediately convene with a view to fulfilling the joint obligation to ensure respect for the Fourth Geneva Convention and to improve the deteriorating humanitarian situation in the occupied Palestinian territory.
To the European Union and EU member states: •
Immediately suspend the EU-Israel Association Agreement, in line with Article 2 which states that relations between the parties shall be based on a respect for human rights. Further, in light of the wide spread destruction of homes and other civilian infrastructure during Israel's military assault on Gaza the EU should act in accordance with with the European Union Guidelines on Promoting Compliance with International Humanitarian Law (2005) which call for the imposition of sanctions and other restrictive measures to ensure compliance with international humanitarian law and bring perpetrators of violations to justice before domestic courts or an international criminal tribunal.
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