COHRE Violations Right to Housing Quarterly Report Palestine 2009

Second Quarterly Report: Violations of the right to adequate housing in the occupied Palestinian territory April-June 2009

Destruction in Gaza: Photo courtesy of Maya Vidon-White

Centre on Housing Rights and Evictions

Introduction Violations of the right to adequate housing are among the most widespread human rights violations in the occupied Palestinian territory.

Purportedly for reasons of security or to uphold planning and building laws,, Israel demolish demolishes the homes of Palestinians in the areas it controls as an occupying power. These actions violate the right to adequate housing and a number of other human rights, as well as provisions of international humanitarian law. They also have wider socio-economic impacts on individuals, families and communities – both on those who have already been affected by home demolitions, and on the many more whose homes are threatened with demolition.

This report documents information on housing rights violations from three areas in the occupied Palestinian territory – East Jerusalem, the rest of the West Bank and the Gaza Strip in the second quarter of 2009 (April to June) June).1 The sections on East Jerusalem and the rest of the West Bank focus entirely on evictions and/or demolitions itions that were implemented and threatened. The section on Gaza examines the impact that the continued blockade and closure of border crossings has had on reconstruction efforts in the aftermath of the Israeli military incursion ‘Operation Cast Lead’ in the t first quarter of 2009.

In East Jerusalem and Area C of the West Bank, Bank the number of demolitions of residential structures has increased from 23 in the first quarter to 42 in the second quarter of 2009: 2009 2 Demolition of residential structures 30 27 20 10

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0 1st quarter 2009 Jerusalem

2nd quarter 2009 Area C

residential structures, such as Many more non-residential animal pens, important for the livelihoods of Palestinians in rural communities, were demolished. Approximately pproximately 300,000 people live in the occupied Palestinian territory where home demolitions are frequent and thus live under the constant threat of forced eviction and displacement.3 The practice of forced eviction, administrative and punitive home demolitions and destruction of other essential infrastructure, coupled with the inadequate provision of services and widespread restrictions on civilian life in the occupied Palestinian territory, has already led to gross inequalities between the population of Israel and the population of the occupied Palestinian territory. On the Human Development Index, Israel ranks 23rd after the UK, Hong Kong and Germany, while the occupied Palestinian territory ranks 106th on a list of 179 countries included in the assessment.4 In 2007, 67 per cent of Palestinian families in Jerusalem, lived below the poverty line, compared to 23 perr cent of Jewish families.5 Recent research has shown the deeply debilitating impact of displacement due to home demolitions. In terms of physical assets alone, research found that on average, the loss incurred in the demolition of a building is approximat approximately USD 105,090, and an additional average of USD 51,261 is lost due to destruction uction of possessions and building contents. Leaving aside the severe social and psychological impacts of home demolitions, overcoming these financial losses alone is difficult forr most and impossible for many other families.. Additionally home demolitions often result in long periods of displacement until families are able to find a permanent home again.6 In the areas under consideration in this report, Israel exercises control as an occupying power both militarily and through its civil administration.

Under international humanitarian law, Israel as the occupying power is responsible for the welfare of the civilian population in these areas. Israel Israel’s obligations include the prohibition to destroy real or personal property,, unless destruction is rendered absolutely necessary by military operations. operations 7 Israel further has a duty to apply international

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Centre on Housing Rights and Evictions human rights law, and the provisions contained in the treaties it has ratified in the occupied Palestinian territory. A number of these treaties guarantee the right to an adequate standard of living (including housing) and nondiscrimination in the enjoyment of economic and social rights.

East Jerusalem’s “illegal” homes In the second quarter of 2009, at least 19 structures, 15 of them residential, were demolished in East Jerusalem. In total, these demolitions affected at least 67 persons, 32 of them children, and 48 of those affected were displaced, including 25 children.

Most demolitions were implemented purportedly because the owners of the buildings had not obtained the required building permits for their homes. Since the unlawful 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 demolitions of Palestinian homes in East Jerusalem.

However, discriminatory policies and practices make it near impossible for many Palestinian residents to acquire building permits, forcing them to build ‘illegally’.

Many other families in East Jerusalem continue to live under the constant threat of home demolition. In Al Bustan alone, it is estimated that at least 1,500 Palestinian residents are threatened with home demolition, and have been issued an additional round of demolition orders in June, following on earlier orders issued in the first quarter of the year.8 The international community has recently stepped up its criticism of Israel over the issue of home demolitions in East Jerusalem. In April 2009, the UN Office for the Coordination of Humanitarian Affairs released a report on the planning crisis in East Jerusalem, calling inter alia on Israel to respect its obligations under international law for the welfare of the population in occupied East Jerusalem, and to freeze all demolition orders as well as to

undertake planning to address the Palestinian housing crisis in East Jerusalem.9 Most notably the EU and the US have repeatedly demanded an end to the demolitions, and on 26 June 2009, the Middle East Quartet in a statement “urged the government of Israel […] to refrain from provocative actions in East Jerusalem, including home demolitions and evictions”.10 Similarly, on 15 June 2009, the Council of the European Union called for an immediate suspension of all eviction notices in East Jerusalem and the West Bank.11 East Jerusalem housing crisis in numbers • 20,000 buildings lack permits, housing between 180,000 and 270,000 persons • 4,000 building permits issued to Palestinians in East Jerusalem since 1967 • 85% of recorded building violations were located in West Jerusalem; 91% of administrative demolitions occurred in East Jerusalem (2004 data) • Palestinian growth requires the construction of 1,500 housing units per year; between 1992 and 2001, an average of 400 housing units were authorised

At the end of June 2009, Israeli media reported that the Jerusalem municipality is set to issue a new master plan for planning in the city – the first since the illegal annexation of East Jerusalem in 1967 – and that 70 per cent of planned demolitions in East Jerusalem would be frozen. However, the plan has not yet been made public and few details are known. Based on the information available, the plan would not include a formalisation of the so-called “illegal” building in East Jerusalem, but would rather introduce a category of “gray houses” for all buildings constructed without permit. These buildings would remain “illegal”, but no legal action would be taken against them. The municipality itself admits that the permit policy is to blame for “illegal” construction, as only 18 permits were issued in 2008.12 The introduction of a category of “gray houses”, if implemented, would seem a smokescreen to appease criticism and does not offer Palestinian residents security of tenure as required under international law.

Since the illegal annexation of East Jerusalem, 35 per cent of the land in the city has been

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Centre on Housing Rights and Evictions expropriated from Palestinian owners in contravention of international law.13 The municipality of Jerusalem openly discusses the goal of achieving a demographic ratio of 70 to 30 per cent Jewish to Palestinian citizens in Jerusalem,14 showing a clear policy to ‘Judaize’ Jerusalem and ethnically cleanse Palestinian residents from the city. This policy is implemented through the continued expansion of illegal Jewish settlements in occupied East Jerusalem and the corresponding widespread home demolitions and resulting displacement of the Palestinian population. Under international law, the transfer, directly or indirectly, by the occupying power of parts of its own civilian population into the territory it occupies, or the transfer of all or parts of the population of the occupied territory within or outside this territory, are crimes so egregious that they constitute war crimes and crimes against humanity.15

due to forced evictions and home demolitions carried out by the Israeli authorities in Area C of the West Bank. In total, at least 27 residential and 83 non-residential structures were demolished, affecting a total of 171 persons.

Many of the non-residential structures included water tanks or pools and animal pens, vital for the lives and livelihoods of those affected.

Demolitions and displacement in the West Bank

In the meantime, continued settlement expansion poses ever more difficulties for Palestinians throughout the West Bank. In order to protect illegal Jewish settlements, Israel imposes severe restrictions on freedom of movement, which particularly affects Bedouin communities whose livelihood and culture are based on semi-nomadic practices.18 All settlements in the West Bank are illegal under international law, including the Fourth Geneva Convention, and in contravention of

“It is allowed for Israelis to build settlements and industrial zones, but I am not even allowed to build a tent. Where is the justice in that?”

[Member of the Jahalin Bedouin community, evicted from his home and displaced three times by the Israeli authorities]16

In the second quarter of 2009, at least 162 persons, including 83 children, were displaced

The permit regime in Area C, where Israel retains full military control including over the building and planning sphere, is somewhat similar to that in East Jerusalem. Area C constitutes 61 per cent of the West Bank, and is home to approximately 228,000 Palestinians. In these areas, the occupation authorities simply do not carry out sufficient planning and zoning and therefore deny building permits to residents.

Between 2000 and 2007, a total of 91 construction permits were issued in Area C, representing 5.6 per cent of all planning applications filed by Palestinians.17

Case Study: House demolitions in Khirbet ar Ras al Ahmar, Jordan Valley Khirbet ar Ras al Ahmar is a Bedouin community located in the northern Jordan Valley. On 31 May, 18 out of 45 families in the community received evacuation orders ordering them to leave the area within 24 hours on the pretext that the community (which has lived in the area since the 1960s) is located in a ‘closed military area’. Following the notice, some residents dismantled their properties, mainly tents and shacks, themselves and moved away. In the early hours of 4 June, Israeli military forces and Civil Administration representatives entered the community with bulldozers. They destroyed structures belonging to 18 families, including 15 residential structures, animal pens and traditional ‘taboun’ ovens. A water tanker was also confiscated. 128 people, including 66 children and 34 women were displaced.

Under Israeli military law, people may be evicted from a ‘closed military area’ without any judicial or administrative procedures, including the right to appeal the eviction. ‘Permanent residents’ are meant to be excluded from this practice. However, the Israeli High Court has ruled that the category of ‘permanent residents’ does not apply to Bedouins due to their nomadic lifestyle.

In contrast to the current threat to the very existence of Palestinian communities in this area, nearby illegal settlements continue to expand, evidence of discrimination based on national, religious and ethnic grounds and Israel’s continuing attempt to expropriate Palestinian land for Jewish settlement.

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Centre on Housing Rights and Evictions commitments made by Israel in the 2003 Roadmap, and reiterated at the Annapolis conference in 2007.19 The international community, including the UN Special Coordinator for the Middle East Peace Process, has recently increased pressure on Israel to honour its international obligations.

However, Israel continues to argue that “natural growth” of the more than 100 settlements – also prohibited under international agreements – will continue.20

Living in the ruins in Gaza The continued closure of Gaza’s border crossings and almost complete blockade of the territory, following Israel’s military incursion into the Gaza Strip from 27 December to 18 January 2009, has prevented the much needed reconstruction of homes and other vital civilian infrastructure, further exacerbating the humanitarian crisis and dire living conditions of Gaza’s population of 1.5 million.21 In April 2009, the UN Relief and Works Agency (UNRWA), mandated to provide humanitarian assistance to an estimated half a million registered refugees in Gaza, quantified the material needed for the repair and reconstruction of the 33,500 housing units belonging to refugees in Gaza that were damaged or destroyed as a result of operation ‘Cast Lead’ as follows: Cement Aggregate Steel reinforcement White cement Marble aggregate Lime Quartz Marble (m²) Wood (m³) Painting (litre) Aluminium Glass (m²)

134,000 481,000 21,500 4,250 5,500 7,000 6,700 133,500 21,825 2,306,000 1,850 348,000

* Quantities in tonnes unless otherwise specified

However, the above table only relates to materials needed to construct the refugee homes that fall under UNRWA’s mandate, and is therefore only indicative of the quantities and range of materials needed for housing

reconstruction. At least 3,941 housing units were completely destroyed in Gaza during the military incursion, excluding those destroyed in refugee camps.22 In addition, not only housing but schools, kindergartens and other vital civilian infrastructure such as water and sanitation networks are in urgent need of repair. The inadequate provision of water in a number of areas, and continued lack of treatment for sewage poses a grave threat to the health and well-being of the affected population and has caused a severe retrogression in the realisation of the right to water and sanitation for many people. While emergency repairs have been carried out in a number of areas to re-establish services to the level prior to operation ‘Cast Lead’ in December 2008, these services remain woefully inadequate and continue to pose serious risks to public health.23 June 2009 marked two years of an almost complete closure of Gaza’s six border crossings, which are the only passage for much needed goods into Gaza. The humanitarian crisis that the blockade has caused prompted UN Agencies and 38 international NGOs, including COHRE, to issue a joint statement condemning the indiscriminate sanctions and calling for the free and uninhibited access of humanitarian aid to the population, in accordance with international agreements and international law.

In May 2009, 2,662 truckloads of goods entered Gaza from Israel; almost 80 per cent less than the 11,392 truckloads in April 2007 prior to the election of Hamas and the subsequent punitive blockade.24 Only in late June did Israel ease restrictions at the border crossing to some extent, and allowed increased amounts and items of goods to enter Gaza. However, the amounts of construction materials that have entered Gaza in recent weeks do not represent anywhere near enough to implement the projects needed.

In the absence of building materials, many people in Gaza resorted to using mud bricks in order to reconstruct at least part of the housing stock that was lost. While this may be a temporary solution, resourcefulness can only mediate the impact of the destruction and the blockade to a certain extent. At least one case 5

Centre on Housing Rights and Evictions has been reported where a family could not complete their mud brick house, as they could not find any material to build a roof.25 With unemployment in Gaza at 44 per cent and an economy that has all but broken down, coping mechanisms are restricted not only by a lack of construction material, but also by extremely high levels of poverty.26 Israel as the occupying power of Gaza, maintaining effective control of the territory, is primarily responsible for the welfare of the civilian population and under Article 59 of the Fourth Geneva Convention must ensure the free passage of relief schemes into Gaza.

Preventing humanitarian assistance from reaching the Gazan population constitutes a war crime under international law.27 Under the International Covenant on Economic, Social and Cultural Rights, sanctions, embargos or other similar measures may not be imposed or applied in such a manner that they cause undue suffering to a civilian population, including denial of the rights to adequate housing, water and sanitation. The UN Committee on Economic, Social and Cultural Rights has made clear that “the inhabitants of any given country do not forfeit their basic economic, social and cultural rights by virtue of any determination that their leaders have

violated norms relating to international peace and security”.28 Therefore when sanctions, embargoes or similar measures are applied on a State, the external party must take into consideration the effect the measures will have on economic and social rights, monitor the impact of the measures taken on the rights of the affected population and assume responsibility to respond to and rectify any disproportionate suffering experienced by vulnerable groups in the targeted country, including through international assistance and cooperation.29 International donors have pledged $4.5 billion in reconstruction assistance for Gaza. This and other international assistance is vital to sustain the Palestinian population, particularly in Gaza, due to the crippling impact of the occupation and military incursions. However, this donor assistance effectively relieves Israel of its obligations under international law, which include bearing the costs of destruction caused by illegal actions such as destroying civilian property which occurred during operation ‘Cast Lead’. To avoid tacit complicity by funding a cycle of destruction and repair by international aid, donors must simultaneously increase the pressure on Israel to end its continuing violations of international law.30

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: • 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; • Share existing drafts of the new master plan for Jerusalem, including East Jerusalem, widely, and allow for broad consultation to ensure that the needs of all residents, including residents of East Jerusalem are met; • 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 the 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 consultation with affected people;

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Centre on Housing Rights and Evictions • Ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights which would enable those whose economic, social and cultural rights are violated to seek justice at the international level; • End the unlawful occupation of Palestinian territory, including East Jerusalem and allow Palestinian’s to exercise their right to self-determination.

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; • Ensure that those responsible for attacks against the civilian population and civilian infrastructure in Gaza during operation ‘Cast Lead’ are held accountable for their actions; • Exert pressure on Israel to provide remedies to victims in Gaza and the West Bank including restitution for destroyed or damaged property, and to fully reopen Gaza’s border crossings to allow for the free flow of humanitarian assistance.

To the Conference of the High Contracting Parties of the Geneva Convention relative to the Protection of Civilians in Times 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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Centre on Housing Rights and Evictions Endnotes 1

The COHRE report on the first quarter of 2009 is available at www.cohre.org/opt Figures on demolitions in this report are drawn from statistics compiled by UN OCHA OPT 3 Palestinian Counselling Centre (et al), Broken Homes: Addressing the Impact of House Demolitions on Palestinian Children and Families, April 2009 4 Data from the Human Development Index is available at http://hdr.undp.org/en/statistics/ , last accessed 27 July 2009 5 Jerusalem Institute for Israel Studies, Statistical Yearbook 2007/08, Standard of Living and Welfare, Table 2. Extent of Poverty in Jerusalem by Religion and Family Characteristic, http://jiis.org/.upload/yearbook/2007_8/shnaton%20F0206.pdf 6 For information on the average losses incurred as a result of home demolitions, and on the socio-economic and psychological impact of home demolitions: Palestinian Counselling Centre (et al), see supra note 3 7 4th Geneva Convention, Article 53 8 Ma’an, Israeli demolition orders in Jerusalem prove blasé Israeli attitude over US policy, 11 June 2009 9 UN OCHA OPT, The Planning Crisis in East Jerusalem: Understanding the Phenomenon of “Illegal” Construction, April 2009 10 Quartet Statement from the June 26, 2009 Meeting in Trieste 11 Council of the European Union, Relations with Israel, Statement 15 June 2009, para. 30 12 Haaretz, After U.S. pressure, Barkat to halt 70% of East Jerusalem demolitions”, 29 June 2009 13 UN OCHA OPT, see supra note 9. Expropriation of private real property by an occupying power is prohibited under Article 53 of the 4th Geneva Convention.

14 UN OCHA OPT, see supra note 9 15 4th Geneva Convention, Article 49, Rome Statute of the International Criminal Court, Article 1 (d); Article 2 (b viii).

16 COHRE interview, August 2008.

17 Haaretz, What about the Arab’s natural growth, 12 June 2009 18 ICRC, West Bank: Illegal settlements cause hardship Palestinians, 9 June 2009, http://www.icrc.org/web/eng/siteeng0.nsf/html/palestine-interview-090609 19 The commitments of the Government of Israel (GOI) contained in the Roadmap are: - GOI 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, 003, 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 Performance-Based 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 20 Haaretz, Interview with Mr. Robert Serry, UN Special Coordinator for the Middle East Peace Process, 1 July 2009, http://www.haaretz.com/hasen/spages/109654.html 21 For a statistical report on civilian casualties and property destruction as a result of ‘Operation Cast Lead’, see Al Mezan Center for Human Rights, Cast Lead Offensive in Numbers, August 2009, available at http://www.mezan.org/en/details.php?id=8941&ddname=Gaza%20destruction&id2=7&id_dept=22&p=center 22 COHRE, Report on violations of the right to adequate housing in the first quarter of 2009, May 2009, available at www.cohre.org/opt 23 ICRC, Gaza – 1.5 million people trapped in despair, June 2009, available at http://www.icrc.org/Web/eng/siteeng0.nsf/htmlall/palestine-report-260609/$File/gaza-report-ICRC-eng.pdf. For information on the water and sanitation crisis in Gaza, see COHRE, Hostage to politics: The impact of sanctions and the blockade on the human right to water and sanitation in Gaza, June 2008 and The collapse of Gaza’s water and waste water sector, January 2009, both available at www.cohre.org/opt 24 ICRC, see supra note 23 25 Mike Bailey, OXFAM, statement at press conference on Gaza blockade, June 2009 26 ICRC, see supra note 23 27 Rome Statute of the International Criminal Court, Article 8 (2) 28 United Nations Committee on Economic, Social and Cultural Rights, General Comment No. 8, The relationship between economic sanctions and respect for economic, social and cultural rights (1997), UN Doc. E/C.12/1997, para. 3.

29 UN Committee on Economic, Social and Cultural Rights, see supra note 28, paras 12-15.

30 Palestinian Centre for Human Rights (et al), Palestinian and Israeli Human Rights Organisations call for End to International Donor Complicity in Israeli Violations of International Law, 4 May 2009 2

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