Policy of discrimination in planning, building and land expropriation The planning policy in East Jerusalem since its annexation

in 1967 is affected by political considerations and infected by systematic discrimination against the Palestinians living there !hile extensive building and enormous budget allocations have been the rule in Je"ish neighborhoods, the #sraeli government has cho$ed development and building for the Palestinian population #n June 1967, #srael annexed 7%,&%% dunams '( dunams ) 1 acre* of East Jerusalem and the !est +an$ and incorporated them "ithin Jerusalem,s borders -rom this annexed territory, #srael has expropriated about one.third of the annexed territory / 0(,%%% dunams / most of it privately.o"ned 1rab property #srael used this expropriated land for residential construction +y the end of 0%%1, (6,972 housing units had been built for Je"s on this land, but not one unit for Palestinians "ho constitute one.third of the city,s population 1t the same time, #srael cho$ed construction in Palestinian neighborhoods and restricted ne" construction #mmediately upon annexation of East Jerusalem, and contrary to its actions in the rest of the !est +an$, the Jordanian outline plans "ere nullified, thus creating a planning void that too$ a long time to fill #n the first decade follo"ing annexation, construction "as only allo"ed ad hoc in a fe" areas in East Jerusalem 3uch land surrounding Palestinian villages and neighborhoods "as expropriated to build Je"ish neighborhoods, leaving no room for Palestinian construction The Jerusalem 3unicipality did not establish outline plans for the Palestinian areas The fe" plans that "ere approved "ere primarily intended to prevent ne" construction by declaring broad expanses of land as 4green areas,5 restricting the building percentages on the lots, and setting narro" borders #n the early 192%s, the Jerusalem 3unicipality began to prepare outline plans for all the Palestinian neighborhoods 3ost of the plans are complete, and others are in the process of planning and approval The most conspicuous feature of these outline plans is the vast amount 6some (% percent7 of area that is designated as 4open landscape areas,5 on "hich building is forbidden #n the plans that "ere approved prior to the end of 1999, only some &,1%% dunams 6constituting 11 percent of the land in East Jerusalem, after the expropriation of 0(,%%% dunams mentioned above7 "ere available for construction for the Palestinian population 1s is the case "ith the demarcation plans existing in the !est +an$, construction is allo"ed primarily in built.up areas The conse8uences of this policy are evident in Palestinian neighborhoods -or example, at the end of 0%%0, housing density in 1rab neighborhoods "as almost t"ice that of Je"ish neighborhoods, 11 9 s8uare meters per person compared to 09 2 s8uare meters per person The existing situation has forced many Palestinians to build homes "ithout first obtaining a building permit The Jerusalem 3unicipality enforces the building la"s on Palestinians much more stringently than on the Je"ish population, even though the number of violations is much higher in the Je"ish neighborhoods

3ay 199&, :ummary 1 Policy of ;iscrimination< =and Expropriation, Planning and +uilding Jerusalem represents perhaps the most contentious issue in the negotiations bet"een #srael and the Palestinians Palestinians hope to establish their capital in East Jerusalem, "hile #srael claims that it "ill not relin8uish control over any part of "hat it considers its eternal, indivisible capital The process of resolving these conflicting claims "ill be central to the negotiations on the permanent status of the occupied territories #n the meantime, in the five year interim period bet"een the ;eclaration of Principles and the permanent status arrangement, both #srael and the P=> agree not to ?initiate or ta$e any step that "ill change the status of the !est +an$ and the @aAa :trip pending the outcome of the permanent status negotiations? 61rticle BBB# of the #nterim 1greement on the !est +an$ and the @aAa :trip7 ;espite this agreement, #srael continues to construct Je"ish neighborhoods in East Jerusalem #n 3ay, +CTselem released 1 Policy of ;iscrimination< =and Expropriation, Planning and +uilding in East Jerusalem This comprehensive report details the systematic and deliberate discrimination against the Palestinian population of East Jerusalem in all matters relating to land, development and housing construction Drban development of the city is based on political.national considerations, rather than addressing the needs of all residents of Jerusalem :ince 1967, one central goal has dictated municipal planning policy< strengthening #sraeli control throughout the city This has been accomplished through the construction of Je"ish neighborhoods throughout East Jerusalem and the encouragement of Je"s to settle in them The means to attain this obEective include the follo"ing< =and expropriations< 3ost of the lands expropriated since 1967 "ere privately.o"ned by 1rabs :ome 92,&%% housing units "ere built on this land, all of them for the Je"ish population Fot one housing unit "as built for Palestinians To"n Planning :chemes< The planning authorities prepared planning schemes "hich, rather than contributing to the development of Palestinian neighborhoods and easing the housing shortages there, restrict development and limit the area designated for building in Palestinian neighborhoods 1t the same time, the #sraeli authorities promote extensive building and enormous investment for Je"ish neighborhoods in East Jerusalem These policies have increased the housing density in the 1rab sector !hile the average housing density of the Je"ish population in 1999 "as 1 1 persons per room, for the Palestinian population the density "as 0 0 persons per room -urthermore, rather than decreasing since #sraeli occupation, the gap in housing density is t"ice as large as that "hich existed in 1967 1lthough the general contours of #sraeli policy in East Jerusalem "ere "ell.$no"n, +CTselem used official documents from the 3unicipality and government offices, minutes from Gity Gouncil meetings, court decisions and a revie" of To"n Planning schemes to document the policy in detail

The policies documented by +CTselem constitute a violation of the internationally. recogniAed right to non.discrimination #srael is a signatory to the #nternational Gonvention on the Elimination of 1ll -orms of Hacial ;iscrimination, "hich explicitly prohibits discrimination regarding the right to housing 61rticle & 6e7 6iii7 #n addition to the principle of non.discrimination, #srael is in violation of the human right to housing 1rticle 11 of the #nternational Govenant on Economic, :ocial and Gultural Hights recogniAes ?the right of everyone to an ade8uate standard of living for himself and his family, including ade8uate food, clothing and housing, and to the continuous improvement of living conditions ? -urthermore, as a signatory to this Govenant, #srael guarantees ?that the rights enunciated "ill be exercised "ithout discrimination of any $ind? 61rticle 06077 -urthermore, under international la", the status of East Jerusalem is identical to that of the !est +an$< it is occupied territory to "hich the -ourth @eneva Gonvention applies This Gonvention prohibits the occupying po"er from ma$ing permanent changes to the occupied territory or from settling part of its population there #sraelCs land use and building policies in East Jerusalem violate both of these prohibitions