Collective Punitive Measures In East Jerusalem Severely Infringe On Palestinian Rights

07 February 2023
The following alert has been jointly issued by Ir Amim and Bimkom.

The planned demolition of a multi-story residential building in Wadi Qaddum, East Jerusalem has reportedly been called off for the time being due to internal and external pressure on the Israeli government and the Jerusalem municipality. Approximately 100 East Jerusalem Palestinians were at risk of impending displacement after media reports revealed that the Israeli authorities unexpectedly intended to begin razing the building by today (Tuesday). Accordingly, the authorities had purportedly already made preparations for the demolition. Although the devastating move has been halted for now and a new date has yet to be set, the demolition order is still in effect and hence the threat still looms. See map below.
 
If executed, this would constitute the most unprecedented and largest demolition in East Jerusalem in recent years, which will carry profound humanitarian ramifications and an acute violation of basic human rights.
 
Therefore, continued vigilance and engagement with the Israeli authorities to secure an equitable and just solution for these families is critical.
 
Background
The apartment building is comprised of 12 housing units and is home to numerous families, including women, children, and elderly individuals suffering from medical conditions and disabilities, who would stand to be made homeless with no alternative housing. Constructed in 2014 on privately owned Palestinian land, the building has been slated for demolition under the pretext of lacking a building permit. Building permits are nearly impossible for Palestinians to obtain due to systematic discrimination implicit within the planning system in Jerusalem (see more below).
 
Recent Attempts to Advance a Planning Solution
In May 2022, the building also came under imminent threat of being razed, yet reportedly, international pressure coupled with negotiations between the residents and the Israeli authorities helped to stave off its impending demolition at the time. After the residents received several extensions to the demolition freeze over the past few months, the authorities renewed their attempt to move forward with the building’s destruction despite the current planning progress.  According to their attorney and planner, the residents recently proposed a planning solution in agreement with the municipal planning department for an area comprised of 11 dunams, which would retroactively legalize the building and provide for additional housing units as well as land for public use.
 
The planning team has emphasized to the municipality that they are open to further negotiation on the plan’s details if necessary, and it is clear that a planning solution is indeed attainable. Rather than contributing to the further unequal treatment and displacement of Palestinians, the municipality has the power to assist them in expediting this planning process to enable the families to remain in the city with a roof over their heads.
 
Acts of Reprisal
The planned largescale demolition came on the heels of recent statements made by National Security Minister and far-right extremist Itamar Ben Gvir instructing the Israeli authorities to expedite demolitions of homes in East Jerusalem built without permits. Although the minister does not have direct authority to order demolitions, he can pressure the relevant authorities to swiftly execute pending demolition orders. Such actions constitute retaliatory and vindictive moves directed at the entire Palestinian collective in the city following the recent deadly attacks on Israelis, but also exemplifies the ongoing oppressive and discriminatory policies leveled at East Jerusalem Palestinians. Since the start of 2023, 40 demolitions (14 residential units) have been carried out, 11 of which were executed since the issuance of Ben Gvir’s instructions.
 
Use of Green Space to Curb Palestinian Development
In 1998, the Israeli planning authorities approved a plan which designated the respective plot of land in Wadi Qaddum as open/green space intended for sports and leisure use. In more recent years, the Jerusalem Municipality prepared and adopted a new Master Plan (non-statutory planning document) for the area. Instead of using the opportunity to solve the problem, this policy document proposed to maintain the previously approved plot designation in stark contradiction to the reality on the ground, including the prior existence of the multi-story apartment building.
 
The designation of areas as open/green space is a common practice of Israeli authorities to suppress Palestinian planning and residential development in East Jerusalem. It is used as a major tool for pushing Palestinians out of the city, while allowing for the seizure of their lands to serve Israeli interests in order to further undermine an agreed political future on Jerusalem. This discriminatory policy coupled with the refusal of Israeli authorities to advance and/or approve adequate zoning plans for Palestinian areas precludes the issuance of building permits and hence forces many Palestinian families to live in “unpermitted” homes.
 
While there is a severe shortage of open space for public use in Palestinian neighborhoods of East Jerusalem, creating such a space by destroying Palestinian homes and forcibly displacing families is not the answer. The planning authorities must advance solutions, which recognize the dire needs of Palestinian residents and uphold their absolute right to equitable planning and housing alongside their Israeli counterparts in the city. 

Moreover, solutions initiated by residents themselves that provide new housing possibilities as well as allotment for public space should especially be pursued, supported, and promoted.
 
For further background: see the residents’ video from May 2022.

The residential building marked for demolition is located in the center of the black circle. The blue dotted line marks the boundaries are the residents' proposed zoning plan.
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