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March 2014 ISRAEL VIOLATES PALESTINIAN RIGHTS A UN report points to the failure of Israel to protect Palestinians against violence and discrimination in the hands of Israeli settlers. By Kanaga Raja Third World Network Features "Israeli settlement-related activities and settler violence are at the core of most of the violations of human rights in the Occupied Palestinian Territory, including East Jerusalem", according to a report by the United Nations Secretary-General for the Human Rights Council. "By virtue of the interdependence of human rights, Israeli settlements and settler violence violate Palestinians' economic, social, civil and political rights," said the report, which is to be presented at the 25th session of the Council taking place in Geneva from 3-28 March. The report (A/HRC/25/38) recommends that Israel, as the occupying Power, "must abide by its international treaty and customary obligations by ensuring that the Palestinian population of the Occupied Palestinian Territory is afforded the protection provided for under international humanitarian law, and by respecting, protecting and fulfilling Palestinians' rights so as to enable them to fully enjoy their rights under international human rights law." The report addressed progress made in the implementation of Human Rights Council resolution 22/26 during the reporting period from 22 March 2013 to 30 October 2013. According to the report, the UN have affirmed that Israeli settlements and activities in the Occupied Palestinian Territory, including East Jerusalem, were illegal under international law and constituted very serious violations of international humanitarian law and of the human rights of the Palestinian people therein, and undermined international efforts aimed at invigorating the peace process and the realisation of a two-State solution. In his report, UN Secretary-General Ban Ki-moon again reiterated that "Israeli settlements are an obstacle to the creation of a future Palestinian State." "Despite the expressed commitment of Israel to freeze all settlement activity under the Quartet road map as well as multiple calls made by the international community for Israeli settlements in the West Bank, including East Jerusalem, to be stopped, the Government of Israel has continued to play a leading role in their creation and expansion, in violation of international law." The report found that Israeli settlements continued to expand and new settlements were approved. According to the Israeli NGO Peace Now, during the reporting period, plans for 8,943 new settlement units were promoted by the Government of Israel, including 6,521 in the West Bank, excluding East Jerusalem, and 2,422 in East Jerusalem. The NGO estimated that this would mean housing for more than 44,000 new Israeli settlers, assuming that the average size of a settler family is 5 persons. Further, it appears that new settlement construction increased by 70% in the first half of 2013, with the construction of 1,708 units, 180 of them in outposts, as compared with 995 units built during the same period in 2012. In October 2013, the Government of Israel announced the construction of 5,000 new units in Israeli settlements located in the West Bank, including East Jerusalem. The report also noted continuing growth of the population in Israeli settlements. According to the Israeli Central Bureau of Statistics, the growth rate of the settler population in 2012 was 5%, almost three times higher than the national growth rate, which was 1.9 per cent. Estimations of the current settlement population in the West Bank, including East Jerusalem, range between 500,000 and 650,000. "Israeli settlement activity, security measures adopted to protect settlers and their movement, and the violence committed by Israeli settlers against Palestinians and their property are behind most of the human rights violations against Palestinians in the West Bank, including East Jerusalem," the report underlined. According to the Office for the Coordination of Humanitarian Affairs of the United Nations, in the Occupied Palestinian Territory, 392 Palestinian structures were demolished in the West Bank, including East Jerusalem, during the reporting period, displacing 588 people, including 272 children, said the report. "The situation in East Jerusalem remains an issue of concern. Between November 2012 and October 2013, 99 Palestinian structures were demolished, displacing 320 people, including 161 children. In addition, new housing units in settlements situated in East Jerusalem were approved." Addressing the impact of Israel's planning policy in the West Bank including East Jerusalem on the human rights of Palestinians, the report observed that the establishment and expansion of Israeli settlements in the West Bank, including East Jerusalem, "is associated with a complex system of policies that negatively affect the human rights of Palestinians". For instance, in East Jerusalem, Israeli authorities have planned and zoned only 13% of the city, most of which is already built up, for Palestinian construction. In addition, Palestinians undergo a long and costly process before a building permit within this area may be granted. Even if requirements to obtain a building permit in West Jerusalem are similar, under-investment by the Municipality in public infrastructure and the inequitable allocation of budgetary resources in East Jerusalem make it very difficult for Palestinians to fulfil all requirements to obtain a permit. As a result, said the report, at least 33% of Palestinian homes in East Jerusalem lack Israeli-issued building permits, placing at least 93,100 residents at risk of eviction, demolition of their homes and displacement. The report noted that Israeli planning policy is discriminatory against Palestinians as compared with Israeli settlers, adding that even if the planning laws in principle do not establish different requirements for Palestinians and Israeli settlers, they impose unachievable conditions for Palestinian construction. In contrast, Israeli settlers do not face such difficulties, for instance, regarding the allocation of building permits and participation in the planning process. "This is in clear contravention of the international human rights obligations of Israel, in particular the principle of non-discrimination in relation to the right to adequate housing contained in the International Covenant on Economic, Social and Cultural Rights, which has been ratified by Israel," the report stressed. By not upholding that principle, "Israel is violating an international obligation of immediate effect. Furthermore, it is violating the rule of law by virtue of a discriminatory application of the law against Palestinians, in this case the planning regime. In this respect, Israel is violating articles 2 (non-discrimination and equality before the law) and 26 (equal protection of the law) of the International Covenant on Civil and Political Rights, to which it is also a party." The report further said that the planning policy undermines one of the most important components of the right to adequate housing, namely security of tenure. It noted that the Committee on Economic, Social and Cultural Rights has established that everyone should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. The Committee has also affirmed that States must take immediate measures aimed at conferring legal security of tenure upon those persons and households lacking such protection, in genuine consultation with affected persons and groups. "Israel is not complying with this obligation, since it is not taking any steps to protect the security of tenure of Palestinians. On the contrary, its planning policy, law and practice expose them to constant risks of forced eviction, demolition and displacement, which interferes directly with their enjoyment of the right to adequate housing." The Secretary-General highlighted that land ownership and possession is another element of the right of Palestinians to adequate housing which is affected by Israeli planning policy and, more broadly, by Israeli settlement-related activities. Analysing the impact of Israeli settlements and settler violence on Palestinian access to land and water, the report emphasised that settlements occupy a sizeable part of Palestinian land, making it impossible for Palestinians to develop or maintain their natural resources in any meaningful or sustainable manner. Of the land in the West Bank, 43% has been allocated to settlements and this greatly hampers the exercise by Palestinians of a wide range of economic and social rights. The report notes that Israel controls all sources of water in the West Bank and effectively prevents Palestinians from adequately maintaining or developing water resources. The Israel national water company, Mekorot, owns all water supply systems in the West Bank and supplies approximately 50 per cent of the water available to Palestinian communities. Mekorot reportedly significantly reduces the Palestinian water supply during the summer months, in order to meet consumption needs in Israel and in the settlements, said the report. "Because of these severe water cuts and the limited coverage of the water network in the Occupied Palestinian Territory, many Palestinian communities are forced to purchase water delivered by water tankers at a cost which is reportedly eight times or more [than] what settlers are paying. This is the case even though much of the water may have originally been extracted from Palestinian sources." The report underscores that besides being a vital element of Palestinian culture, olive farming is a mainstay of the Palestinian economy accounting for 25% of its total agricultural output. Because Palestinians lack meaningful access to most water resources and must purchase water from the drinking water supply for irrigation purposes only 6.8% of the cultivated land in the West Bank is irrigated, said the report. Israeli settlements in the West Bank have exacerbated existing environmental concerns, said the report, adding that in a joint study, official Israeli sources found that 81 out of 121 Israeli settlements are connected to waste treatment facilities. Nonetheless, 5.5 million cubic metres of raw wastewater continues to flow from settlements into the West Bank. Furthermore, 80% of solid waste generated by settlers is dumped at dumping sites not designed as sanitary landfills, located in the West Bank. Incidents of settler-related violence continue to be recorded at an "alarming rate", said the report, noting that Israeli settlers often attack Palestinian agricultural lands and destroy olive trees. During the reporting period, 270 incidents in the context of settler-related violence leading to the injury of 103 Palestinians and damage to around 6,660 trees owned by Palestinians have occurred. This is an increase in comparison with the same period in 2012, when 249 incidents were registered, resulting in injury to 97 Palestinians and damage to 6,150 trees. "The lack of effective accountability and protection from such incidents by the Israeli authorities continues to be of serious concern. The enduring failure of Israel to comply with its legal obligations in this regard is part of wider systemic failures to guarantee Palestinians' human rights. This has allowed settler violence to continue unabated and even, at times, to flourish." The report stressed that "Israel is obliged under international law to protect Palestinians and their property from acts of violence by settlers, to ensure accountability for crimes committed, and to provide a remedy for any violations suffered." "This derives from the obligations of Israel as an occupying Power, including its obligations to protect Palestinians in the occupied territory and guarantee their rights, which entails taking action to prevent individuals or groups, including settlers, from interfering with the enjoyment of rights by Palestinians." The report stressed that it is incumbent on Israel "to cease the violations of Palestinians' human rights resulting from discriminatory and unlawful planning policies, laws and practices." "Israel has to, in compliance with international law, amend the planning legislation and processes in order, in particular, to ensure the security of tenure and the full participation of Palestinians. Israel must also refrain from implementing evictions and demolition orders based on discriminatory and illegal planning policies, laws and practices." The report further said that Israel must, as a matter of urgency, enhance its efforts to combat settler violence in the West Bank, including East Jerusalem, and that it is obligated to ensure that all acts of violence committed by Israeli settlers against Palestinians and their property are investigated promptly, thoroughly, effectively, independently, impartially and in a non-discriminatory manner. – Third World Network Features. -ends-
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