The Planning Crisis in East Jerusalem: OCHA report 2009

Understanding the phenomenon of “illegal” construction

UNITED NATIONS -OCHA
Office for the Coordination of Humanitarian Affairs
occupied Palestinian territory
This OCHA Special Focus addresses the phenomenon
of “illegal” Palestinian construction in East
Jerusalem resulting from the failure of the Israeli
authorities to provide adequate planning for
Palestinian neighbourhoods.

This Special Focus provides a statistical overview of Israel’s demolition
of unauthorized structures since 2000, provides
background on some of the key difficulties facing
Palestinian residents of East Jerusalem in their
efforts to build, and identifies a number of at-risk
communities. In addition, it provides an overview
of various NGO and community initiatives that aim
to challenge and eventually overcome obstacles in
the current municipal planning process.
The Planning Crisis in East Jerusalem:
Understanding the phenomenon of “illegal” construction
Special focus
APRIL 2009
P. O. Box 38712 East Jerusalem 91386 l tel. +972 (0)2 582 9962 l fax +972 (0)2 582 5841 l ochaopt@un.org l www.ochaopt.org
Photo by Mahfouz Abu Turk
SPECIAL FOCUS April 2009
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2
In 1967, Israel occupied the West Bank and
unilaterally annexed to its territory 70.5 km2
of the occupied area, which were subsequently
integrated within the Jerusalem municipality. This
annexation contravenes international law and was
not recognized by the UN Security Council or UN
member states.2 Irrespective of Israel’s annexation,
the area of East Jerusalem continues to form part
of the occupied Palestinian territory (oPt) and
its Palestinian residents remain protected by
international humanitarian law (IHL).
Throughout its occupation, Israel has significantly
restricted Palestinian development in East
Jerusalem. Over one third of East Jerusalem has
been expropriated for the construction of Israeli
settlements, despite the IHL prohibition on the
transfer of civilians to the occupied territory. Only
13 percent of the annexed area is currently zoned by
the Israeli authorities for Palestinian construction,
within which Palestinians have the possibility
of obtaining a building permit. However, much
of this land is already built-up, the permitted
construction density is limited and the application
process is complicated and expensive.
Moreover, the number of permits granted per
year to Palestinians does not meet the existing
demand for housing. The gap between housing
needs based on population growth and the legally
permitted construction is estimated to be at least
1,100 housing units per year.
As a result, Palestinian residents of East Jerusalem
find themselves confronting a serious housing
shortage caused by Israel’s failure to provide
Palestinian neighbourhoods with adequate planning.
This shortage
has been exacerbated in
recent years by the reported influx of Palestinian
Jerusalemites into the city due to Barrier construction
and the threat of losing residency status in the city
if they move outside the Israeli-defined municipal
borders of Jerusalem.
Because of the difficulties Palestinians encounter
trying to obtain building permits from the
Israeli authorities, and due to the lack of feasible
alternatives, many Palestinians risk building on
their land without a permit in order to meet their
housing needs. At least 28 percent of all Palestinian
homes in East Jerusalem have been built in violation
of Israeli zoning requirements. Based on population
figures, this percentage is equivalent to some 60,000
Palestinians in East Jerusalem, who are at risk
of having their homes demolished by the Israeli
authorities. This is a conservative estimate and the
actual figures may be much higher.
Continuing demolitions in
East Jerusalem
Since 1967, the Israeli authorities have demolished
thousands of Palestinian-owned structures in
the oPt, including an estimated 2,000 houses in
East Jerusalem. According to official statistics,
between 2000 and 2008 alone, the Israeli authorities
demolished more than 670 Palestinian-owned
structures
in East Jerusalem due to lack of permit.
Of these, approximately 90 structures were demolished
in 2008, displacing some 400 Palestinians.
In 2009, OCHA has recorded the demolition of 19
Palestinian-owned structures in East Jerusalem,
including 11 inhabited residential structures, due to
lack of permit. As a result, some 109 Palestinians,
including 60 children, were displaced.
Of particular concern are areas in East Jerusalem
that face the prospect of mass demolitions. For
example, the execution of pending demolition
orders in the Tel al Foul area in Beit Hanina,
Khalet el ‘Ein in At Tur, Al Abbasiya in Ath Thuri,
and Wadi Yasul between Jabal al Mukabbir and
Ath Thuri, affect a combined total of more than
3,600 persons.3 In the Bustan area of the Silwan
neighbourhood, which has received considerable
media attention, some 90 houses are threatened
with demolition, potentially displacing a further
1,000 Palestinians. In addition, some 500 residents
of the Sheikh Jarrah neighborhood potentially face
eviction as their homes are located on land whose
ownership is contested by Israeli settlers.
Executive Summary1
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Similar policy in Area C
Israel’s policy of home demolitions is not limited to
East Jerusalem. Each year, hundreds of Palestinianowned
structures are demolished in Area C of the
West Bank for lack of a building permit. Thousands
of other Palestinian families in Area C face the
constant threat of demolition due to outstanding
demolition orders. In spite of a number of
differences, the reality in both East Jerusalem and
Area C is quite similar: Palestinian construction in
most of these areas is severely limited, Palestinian
families face ongoing displacement, and there is
reduced space for the development of Palestinian
communities.
Impact on the Palestinian population
The demolition of houses causes significant hardship
for the people affected. Not only must displaced
families overcome the psychological distress of
losing their homes, they are usually burdened
with debt after the loss of their primary asset, the
demolished house, and, if they have retained a
lawyer, the payment of legal fees. In the case of East
Jerusalem, families also face heavy fines imposed
by the Jerusalem municipality and, in some cases,
prison sentences.
Children, who represent over 50 percent of the
Palestinian population, are particularly affected by
the displacement of their families. In the immediate
aftermath of demolitions, children often face gaps
in education and limited access to basic services,
such as health care and clean water. Longer-term
impacts include symptoms of psychological distress
and diminished academic performance.
Highlighting the damaging impact of Israel’s home
demolitions and evictions in East Jerusalem, the UN
Special Coordinator’s Office noted in March 2009 that
“(t)hese actions harm ordinary Palestinians, heighten
tensions in the city, undermine efforts to build trust
and promote negotiations, and are contrary to international
law and Israel’s commitments.”4
Recent events indicate that the Jerusalem municipality
will maintain, and possibly accelerate, its policy on
house demolition.5
The way forward
As the occupying power, Israel must ensure that
the basic needs of the Palestinian population of
the occupied territory are met. In order to meet
this obligation, the Israeli authorities should
immediately freeze all pending demolition orders
and undertake planning that will address the
Palestinian housing crisis in East Jerusalem. At the
same time, support should be directed towards
organizations and agencies working to meet the
immediate and longer-term needs of families
displaced as a result of demolitions. In addition,
assistance is required for Palestinian communities
that are attempting to challenge the restrictions
in the current system through legal aid, planning
initiatives and advocacy.
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4
Each year, hundreds of Palestinians living in East Jerusalem and Area C of the West Bank are displaced as a result of Israel’s
policy of demolishing Palestinian homes built without a permit. Thousands of others live with the ever-present risk of
displacement due to outstanding demolition orders.
There has been no comprehensive study on what happens to families in the oPt after they have been displaced. However,
organizations and agencies working on issues of displacement have observed that it has wide-ranging effects. Displaced
families generally face significant financial difficulties, particularly in East Jerusalem, where 2/3 of the population lives in
poverty.10 In addition to economic losses stemming from fines, legal fees and the lost investment in a home, families may
lose the contents of the house as well. An additional economic burden faced by many families post-demolition is the
payment of rent, which places considerable stress on already limited financial resources.
Combined with psychological distress and debt burdens from the demolition, displaced families from East Jerusalem
have few options for where to move, since the land they build on is generally their main family asset. Also, friends and
relatives nearby already live in severely overcrowded residences.
In 2007, the Palestinian Counseling Center, Save the Children UK and the Welfare Association conducted a survey
of Palestinians whose homes were demolished in the West Bank and Gaza Strip for various reasons, including during
military operations, for lack of permit and for punitive reasons. The survey found that house demolitions are followed
by long periods of instability; over 71 percent of surveyed families reported that they moved at least twice following the
demolition of their home and over half took at least two years to find a permanent residence.11
Given their vulnerability, children are frequently disproportionately impacted by the displacement of their families.
According to the 2007 survey, in the immediate aftermath of a demolition children face gaps in education, a reduced standard
of living and limited access to basic services, such as water and health. The survey found that emotional and behavioural
problems persist even after the six month period immediately following the demolition. Symptoms of psychological distress
found among children included increased aggression, depression, difficulty concentrating and bedwetting problems, among
others. Long-term effects on education include lower academic achievement rates and early drop out.
Displace ment resultin g fro m Israel ’s Demolition of Palestinian Homes
The Israeli authorities demolished
approximately 90
Palestinian-
owned structures in East Jerusalem in
2008 for lack of permit, displacing some 400 Palestinians.
6 This is the highest annual total of demolitions
since 2004, when demolitions during the 2000-2008
period peaked.
Figure 1 shows the annual break-down of the 673
houses demolished in East Jerusalem due to the lack
of building permits between 2000 and 2008.7 These
demolitions constitute a quarter of demolitions
carried out by the Israeli authorities in the West
Bank during the same period.8
Since the beginning of 2009, the Israeli authorities
have carried out the demolition of 19 Palestinianowned
structures in East Jerusalem, including 11
inhabited, residential structures for lack of permit.9
Over 100 Palestinians, including 60 children, have
been displaced as a result. These demolitions took
place throughout East Jerusalem in the neighbourhoods
of Beit Hanina, Silwan, At Tur, Jabal al
Mukabbir, Ath Thuri, Ras Khamees, Wadi al Joz,
Sur Bahir, ‘Isawiya, Sheikh Jarrah, Beit Safafa, and
the Old City.
Demolitions due to Lack of Permit in East Jerusalem
Figure 1: Demolitions in East Jerusalem, 2000-2008
16
41
45
99
133
90
81
75
93
0
20
40
60
80
100
120
140
2000 2001 2002 2003 2004 2005 2006 2007 2008
Figure1: Demolitions in East Jerusalem 2000-2008
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45
8
0
0
5
10 0
7
7
1
8
0
0
4
7
#
Checkpoint
Completed Barrier
Planned Barrier Route
Barrier Under Construction
Palestinian Built-up Area
Israeli Settlement
Armistice Line (Green Line)
Jerusalem Municipal Border
Demolition site and no. of people displaced
between 1 January and 23 April 2009
0
Demolition Sites 2009
0 0
10
7
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6
0 20 40 80 120
Meters
Silwan
Threatened
Houses
Al-Bustan
United Nations Office for the Coordination of Humanitarian Affairs
Cartography: OCHA-oPt - Feb 2009. Base data: OCHA oPt, ICAHD
For comments contact <ochaopt@un.org>
or Tel. +972 (02) 582-9962 http://www.ochaopt.org
Proximity of Al-Bustan to the Old City
Area under threat
of demolition
Israeli Settlements and
archeological excavations
No Man's Land
1949 Armistice "Green Line"
Open areas
Disclaimer:
The green areas were demaracated based on paper
maps (souce: Ir Shalem):
1) Map of the municipal plan for Silwan, plan #2783A
2) East Jerusalem land designation map that delineates
the boundary of green areas or open spaces.
The boundary of green areas is of limited accuracy
and is shown on the map for illustrative purposes only.
East Jerusalem
Al-Bustan, Silwan April 2009
United Nations Office for the Coordination of Humanitarian Affairs
The designations employed and the presentation of material on this map do not imply the expression of any opinion whatsoever on the part of the Secretariat of the
United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries.
SPECIAL FOCUS April 2009 7
UN OCHA oPt
In 1967, Israel occupied the West Bank and
unilaterally annexed to its territory 70.5 km2
of the occupied area, which were subsequently
integrated within the Jerusalem municipality
and are now referred to as “East Jerusalem”. This
annexation contravenes international law and was
not recognized by the UN Security Council or UN
member states.18
Of this land, 35 percent (24.5 km2) has been
expropriated for Israeli settlements, in spite of the
IHL prohibition on the transfer of the occupying
power’s civilians into occupied territory.19 According
to the Israeli human rights organization B’Tselem,
most of this expropriated land was privately-owned
Arab property.20 Over 195,000 Israeli settlers now
live in settlements in East Jerusalem.21
Of the 70.5 km2, 35 percent (24.7 km2) has master
plans that have been approved by the Jerusalem
District Committee.22 The remaining 30 percent (21.3
km2) has remained unplanned since 1967 (planning
is under way in some areas, but not yet approved).
Building Conditions in East Jerusalem
More than 1,000 Palestinians risk losing their homes if the Jerusalem municipality carries out its plan to
clear “illegal” constructions in the Al Bustan area of Silwan, located just south of the Old City’s walls.
Since the late 1970s, the Jerusalem municipality has designated all of the Al Bustan area of Silwan as
an “open” or “green” area, where all construction is prohibited. However, as this area is the natural
expansion of the Silwan village, construction has occurred there. Of the 90 houses located in the “green”
area, the large majority have received demolition orders. The Jerusalem municipality reports that there
is currently no intention to demolish 21 of the buildings, which were present in Al Bustan prior to 1992,
including seven to 11 which were built before 1977.13
According to the residents’ lawyer, between 1977 and 2005, there were attempts by residents of the area
to apply for building permits that ended in failure due to the status of the area as “green.” In 2005, after
learning that the city engineer had ordered in 2004 the “removal of the illegal construction”14 in Al Bustan
in congruence with earlier municipal plans, the residents of Al Bustan submitted a planning scheme in an
attempt to change the status of the area from “green” to “residential.” While the plan, which cost residents
USD 77,000, was under review, most of the demolition orders were not executed.15 On 17 February 2009,
the Regional Planning Committee rejected Al Bustan’s plan, thereby paving the way for the execution of
pending demolition orders. On 22 February 2009, municipality staff accompanied by Israeli forces carried
out a survey of the buildings in Al Bustan, leading residents to fear that demolition of their homes was
imminent.
The magnitude of the potential displacement has raised concerns among human rights groups and the
diplomatic community. Commenting on reported plans to demolish homes in Silwan, the US Secretary
of State criticised Israel, stating: “Clearly this kind of activity is unhelpful and not in keeping with the
obligations entered into under the ‘road map’.”16 Since the plan’s rejection, no additional demolitions
have been carried out by the municipality, but the threat to the houses remains. In March 2009, Jerusalem
Mayor Nir Barkat stated that “it is very fair to assume that [in the end] there will not be residential
housing” in Al Bustan.17
Case Stud y I: Mas de molitions pendin g in Al Bustan area of Sil wan 12
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8
Of the 24.7 km2 that are planned, approximately
15.5 km2 (63 percent) are designated as “green
areas”, where no construction is allowed, or for
public purposes, such as roads and other infrastructure.
This leaves only 9.2 km2 (13 percent of the
total East Jerusalem area) available for Palestinian
construction, and much of this is built-up already.
Even in these areas, Palestinians face difficulties
that hinder their ability to obain a permit.
First, before construction can begin on a vacant
piece of land included within the 24.7 km2 that have
master plans, a detailed plan of the area must be
developed and approved. This plan must show
which parts will be allocated for public use (roads
and other infrastructure), green areas, and private
Palestinian construction.
While the need to designate part of the land for green
or public areas is a normal planning requirement,
the nature of land ownership in East Jerusalem
makes completing this task difficult: most of the
lands are held in small, privately-held plots that
must be first united in order to ensure the equitable
allocation of public and green areas. An inability to
resolve these land ownership issues has delayed the
development of detailed plans for years in many
areas of East Jerusalem.23
Second, if public infrastructure
(i.e.
roads, sewerage,
water) does not
exist in an area where a detailed
plan has been approved,
then
construction permits will not be
granted. According to the 1965
Israeli Planning and Building
Law, no construction is permitted
in areas with insufficient public
infrastructure. The development
of public infrastructure
remains
the responsibility of the Jerusalem
municipality; however, very few
resources have been allocated for
this purpose in East Jerusalem.
As a result, new construction in
neighbourhoods lacking public
infrastructure
is prohibited.
Third, strict zoning in Palestinian areas of East
Jerusalem limits construction density, thereby
reducing the number and size of structures which
may be built on any given plot of land. In many
cases, the density (known as plot ratio) permitted
is half (or, in some cases, much less than half) that
found in neighbouring Israeli settlements in East
Jerusalem, or in West Jerusalem.24
In addition to the difficulties outlined above, the
financial cost of obtaining a permit is a significant
obstacle. The fees for permit applications are the
same for all residential construction in both East
and West Jerusalem and are calculated on both
the size of the proposed building and the size of
the plot. The fees are considerable, and for many
Palestinians, are prohibitive. For example, the fees
for a permit to construct a small 100 m2 building on
a 500 m2 plot of land will amount to approximately
NIS 74,000 (USD 17,620).25
Unlike in West Jerusalem or Israeli settlements in
East Jerusalem, however, building by Palestinians
in East Jerusalem is generally small-scale, carried
out by individual families or a few together,
rather than larger-scale housing projects.26 Also,
plot ratio restrictions applicable in Palestinian
neighbourhoods mean that there are fewer housing
Figure 2: Division of East Jerusalem Land
Expropriated for
Israeli Settlements
24.50 km2
Zoned for
Green Areas and
Public Infrastructure
15.48 km2
Zoned for
Palestinian
Construction
9.18 km2
Unplanned Areas
21.35 km2
35%
13%
30%
22%
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UN OCHA oPt
units in the proposed construction, compared
to Israeli areas where the plot ratio (and, thus,
number of inhabitants) is higher. As a result, there
are fewer people among which permit costs can
be shared. Furthermore, because of the way the
fees are structured, applications for permits for
smaller buildings (which are symptomatic of East
Jerusalem) have higher per-square-meter fees than
larger buildings. For example, the fees for a permit
to construct a building four times as large as the
previous example, 400 m2, on the same plot size
will only be roughly twice as expensive, about NIS
157,000 (USD 37,380).
Legend:
Jerusalem Municipal Boundary
Green Line
Expropriated for Israeli Settlements
Border of Town Planning Scheme
Zoned for Palestinian Construction
Zoned for Green / Open Space
Unplanned Areas
The Old City
Zoning of East Jerusalem
Source: Ir Shalem, East Jerusalem - The Current Planning Situation:
A Survey of Municipal Plans and Planning Policy, 1999, Jerusalem: Ir Shalem, p. 7.
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– בניין להריסה
“Building for Demolition”
East Talpiot Settlement
Mahmoud Alayyan’s House
As Sawahira al Gharbiya
Mr. Mahmoud Alayyan and his family live south of the Israeli settlement of East Talpiot. The house, located on
a hill north of Sur Bahir neighbourhood, was originally built by his family in 1963, before Israel occupied East
Jerusalem. In 1999, Mr. Alayyan built an 81 m2 extension onto his home, without obtaining a permit, in order
to accommodate his growing family.
Shortly after completing the addition in September 1999,
Mr. Alayyan received an order to appear in court because
he had constructed his home without a permit. The court
charged him a fine of NIS 20,000 (approximately USD
4,700), which he paid in instalments, and gave him a
period of 1 ½ years in which to obtain a building permit or
his home would be demolished. In 2000, he approached
the municipality to inquire
how he could legalize the
extension on his home. According to Mr. Alayyan, the
municipality told him that approving construction was
impossible as his home is located in a “green area”. Mr.
Alayyan heard nothing more from the municipality for
another eight years.
In January 2009, Mr. Alayyan received a notice from the municipality reminding him that he should demolish
the extension to his home. He was then summoned to appear in court on 22 February 2009. While preparing for
the court hearing, Mr. Alayyan went to the municipality and was informed that the settlement of East Talpiot
has received final approval to begin construction of 180 new housing units in the “green area” surrounding
his home. The plan27 states that Mr. Alayyan’s entire home (not just the extension) has been designated for
demolition to make way for the settlement’s expansion. He has never received any demolition order for the
original part of his home built in 1963.
His court case has been postponed until June 2009. Thus far, Mr. Alayyan has spent a total of NIS 50,000
(approximately USD 12,000) to cover legal fees and the fine from the municipality. If carried out, demolition
of the Alayyan home will result in the displacement of nine people, including Mr. Alayyan, his pregnant wife,
their four children, his two sisters, and his mother.
Case Stud y Ii: Demolition for setle ment expansion
Detail from the construction plan for the expansion of the
settlement of East Talpiot, which indicates that Mahmoud
Alayyan’s house has been designated for demolition.
Photo by James Weatherill
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UN OCHA oPt
The permit application process can take several years
and applying for a permit does not guarantee that one
will be granted. According to information provided
to OCHA by the Jerusalem municipality, the number
of permit applications more than doubled between
2003 and 2007 (138 to 283): however, the number
of permits granted remained relatively the same,
ranging between 100 and 150.28 Because of the fees,
the long delays, and the uncertainty associated with
the permit application process, many Palestinians
build houses on their own private land, without first
obtaining building permits.
The phenomenon of “illegal” construction is not
limited to the 13 percent of East Jerusalem where
Palestinians are actually able to apply for a permit.
For example, in most of the densely populated
neighbourhoods around the Old City of Jerusalem,
such as Silwan and Ath Thuri, the natural expansion
area of Palestinian communities has been designated
as a green area, where no construction is allowed.29
In these cases, affected residents must incur the
high cost of developing new plans to try and change
the status of an area from “green” to “residential”,
before applying for a permit is even a possibility.
A similar situation exists in areas of East Jerusalem
that are not yet planned.
Palestinians who build without permits face the risk
of home demolition and other penalties, including
steep fines, confiscation of building equipment, and
possible prison sentences. Between 2001 and 2006,
the Jerusalem municipality collected an average
of NIS 25.5 million per year (USD 6.07 million) in
related fines.30 None of these penalties exempt a
house owner from the need to obtain a building
permit for the structure.
Israel’s policy of home demolitions is not limited to East Jerusalem. Each year, hundreds of Palestinian-owned
structures are demolished in Area C of the West Bank for lack of a building permit. Area C, in which Israel retains
control over the planning sphere, constitutes approximately 60 percent of the West Bank, and contains most of the
land available for natural expansion of the more densely populated Palestinian towns and cities.
Some entire communities, such as Khirbet Tana in the Nablus governorate and Al Aqaba in the Tubas governorate,
are at-risk of displacement due to pending demolition orders. In the first quarter of 2009, OCHA recorded the
demolition of 25 Palestinian-owned structures, including nine residential structures, in Area C due to lack of permit,
displacing 46 Palestinians, including 30 children. Of note, all of the displaced were living in or next to the E1 area
to the east of East Jerusalem, which is planned for settlement expansion to link Ma’ale Adumim with Jerusalem.
Some of the displaced had their residential structures demolished more than once during this period. As with East
Jerusalem, thousands of other Palestinian families face the constant threat of demolition given that there are some
3,000 outstanding demolition orders in Area C.
The planning legislation and institutions, including those authorizing and executing the demolition orders, differ
between East Jerusalem and Area C. The Jerusalem municipality and Ministry of Interior oversee planning issues,
and authorize and oversee the demolition of homes in East Jerusalem. In Area C, the Israeli Civil Administration
is responsible for these matters. In spite of these differences, however, the reality in both areas is quite similar:
Palestinian construction in most of these areas is banned and almost automatically criminalized by the Israeli
authorities. Between 2000 and 2007, some 94 percent of Palestinian applications for building permits in Area C
were rejected by the Israeli Civil Administration.31 Also similar are the impacts of the policy, the most serious of
which are the continued displacement of Palestinian families and reduced space for the development of Palestinian
communities in the oPt.32
Similar polic y in Area C of the West Ban k
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12
According to the Local Outline Plan for Jerusalem
2000, which was approved by Jerusalem’s Local
Committee for Planning and Building, 15,000
residential units, at least 28 percent of all Palestinian
homes in East Jerusalem, have been built in
violation of Israeli zoning requirements. As a result,
at least 60,000 Palestinian residents are at risk of
having their homes demolished. This estimate is
conservative and the percentage may be as high as
46 percent.33
According to research conducted by the Israeli
NGOs Bimkom – Planners for Planning Rights and
Ir Shalem, between 1992 and 2001, the Jerusalem
Municipality issued 1,400 building permits for
construction in East Jerusalem, while 6,700 construction
works were carried out.34 As such, some
80 percent of construction was carried out without
a permit during this period.
The number of permits granted per year does not
meet the existing demand for housing, nor the annual
growth in this demand. The Israeli organization Ir
Amim reports that natural growth among Palestinians
in East Jerusalem requires the construction of 1,500
housing units per year.35 In 2008, 125 building
permits were issued, allowing for the construction
of approximately 400 housing units.36 As such, the
current gap between housing needs and the legally
permitted construction is at least 1,100 housing units
per year. However, the gap may be even higher
considering that some of the permits are issued for
additions to existing structures, as opposed to new
housing units.
Due to the lack of proper urban planning, the
underinvestment in public infrastructure and the
inequitable allocation of budgetary resources, East
Jerusalem is overcrowded and the public services
(e.g. roads, schools, parks, etc.) do not meet the
needs of the Palestinian population.37 The housing
shortage has been exacerbated in recent years due
to an influx into the city of Palestinian Jerusalemites,
in order to avoid falling on the eastern side of the
Barrier, where they risk losing direct access to
municipal services.38 Another factor contributing
to the influx is the fear of losing residency rights,
which can be revoked by the Israeli authorities if
Palestinian Jerusalemites live outside the municipal
boundaries of Jerusalem.39
Like Al Bustan, the entire neighbourhood of Wadi Yasul, located between Ath Thuri and Jabal al Mukabbir,
is threatened with demolition because the houses have been built in an area that has been zoned by the
Jerusalem municipality since the late 1970s as a “green area”.40 The 400 residents are at risk of losing their
homes if the Israeli authorities execute the demolition orders that have been distributed to all 55 buildings
in the area.41
In an attempt to prevent these demolitions, residents prepared and submitted a detailed plan for their
neighbourhood in March 2004. In 2005, the plan passed the first stage of the approval process from the
Ministry of Interior District Planning Committee, but required several substantial modifications.42 On 4
November 2008, in spite of the initial approval given, and after the community had dedicated years of
work revising the plan and spent more than USD 50,000 on it, the District Planning Committee rejected it.
According to the Committee, the proposed plan is incompatible with the Local Outline Plan for Jerusalem
2000, which maintains that the area should remain a “green area,” where no development is permitted.43
The community has now undertaken the additional financial burden of retaining a lawyer to appeal the
committee’s decision.
Case Stud y III: Mas de molitions pendin g in Wadi Yasul
The Prevalence of ‘Illegal’ Construction
SPECIAL FOCUS April 2009 13
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Jabal
al Mukkabir
Threatened
Houses
East Jerusalem
Wadi Yasul April 2009
United Nations Office for the Coordination of Humanitarian Affairs
United Nations Office for the Coordination of Humanitarian Affairs
Cartography: OCHA-oPt - Feb 2009. Base data: OCHA oPt,
For comments contact <ochaopt@un.org>
or Tel. +972 (02) 582-9962 http://www.ochaopt.org
Ath Thuri
0 20 40 80 120
Meters
Proximity of Wadi Yasul to the Old City
The designations employed and the presentation of material on this map do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United
Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries.
Area under threat
of demolition
No Man's Land
1949 Armistice "Green Line"
Open areas
Disclaimer:
The green areas were demaracated based on paper
maps (souce: Ir Shalem):
1) Map of the municipal plan for Silwan, plan #2783A
2) East Jerusalem land designation map that delineates
the boundary of green areas or open spaces.
The boundary of green areas is of limited accuracy
and is shown on the map for illustrative purposes only.
SPECIAL FOCUS April 2009
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14
Israeli and Palestinian organizations monitoring
Israel’s policy of demolishing Palestinian homes for
lack of permit argue that discrimination and political
considerations have played a strong role in planning
issues in East Jerusalem.44 For example, the Israeli
human rights organization B’Tselem has observed
that while building flourished in Jewish settlements
in East Jerusalem, the Jerusalem municipality did
not establish outline plans for Palestinian areas.
The organization notes: “The few plans that were
approved were primarily intended to prevent new
construction by declaring broad expanses of land as
‘green areas’, restricting the building percentages on
the lots, and setting narrow borders.”45 Bimkom’s
assessment is that “planning in East Jerusalem is
based on considerations that do not meet accepted
legal, administrative and constitutional norms, such
as government fairness, reasonability, proportionality
and the protection of human rights.”46
According to Amir Cheshin, a former municipality
official, a key element shaping planning policy in
Jerusalem has been Israel’s demographic concerns
related to the size of the Palestinian population, as is
evident in the government policy that seeks to maintain
a ratio of 70 percent Jews to 30 percent Arabs in
the city.47 This policy is directly addressed in the Local
Outline Plan for Jerusalem 2000. The plan was originally
approved by Jerusalem’s Local Committee in 2006.
According to Bimkom, it was also approved by the
District Committee in 2008 and opened for objections.
It discusses the government’s goal of maintaining a
Jewish majority in the city, and offers suggestions of
how to achieve a 60/40 ratio in light of the unlikelihood
of meeting the 70/30 goal because of the higher
birthrate
among the Palestinian population.48
According to the Association for Civil Rights in
Israel (ACRI), the planning pattern outlined by
Bimkom and B’Tselem above will continue as the
2000 plan “perpetuates the discriminatory policies
[in Jerusalem’s planning] by failing to provide
adequate housing units, employment sources, and
infrastructure in East Jerusalem.”49
On 5 March 2009, orders for eviction within 10 days were issued for two buildings, owned by the Hanoun and Al Ghawi
families, in the Sheikh Jarrah neighbourhood of East Jeruasalem. An estimated 51 Palestinians, including 22 children, now
face imminent displacement.
The affected buildings are in the same area as that of the Al Kurd family, who were forcibly evacuated from their home in
November 2008 after residing in it since the 1950s. The Al Kurd eviction occurred several months after a Jerusalem court
ruled in favour of a group of Israeli settlers, who possessed an Ottoman-era bill, which they claimed proved their ownership
of the land on which the house was built. The buildings of the Hanoun and Al Ghawi families are affected by the same court
decision. Though the families’ lawyer recently obtained documents from an Ottoman archive in Turkey which he reports
prove Palestinian ownership of the land, attempts to introduce this new evidence before the relevant Israeli courts have been
unsuccessful.50 An estimated 500 persons currently reside in houses located on land in the contested area.
Shei kh Jarah : Ris k of Displace ment fro m Evictions
Zoning and Planning Initiatives
Palestinian communities, together with Palestinian
and Israeli organisations, such as the International
Peace and Cooperation Center (IPCC) and Bimkom,
are attempting to develop planning schemes that
meet the needs of the Palestinian population in East
Jerusalem.
Though the space available for Palestinian
construction is extremely limited, at this time, there
are six large planning schemes being developed
according to Bimkom. These plans seek to re-plan
some 5,000 dunums of land in East Jerusalem. While
60 percent of the area being planned is included
within the 9.2 km2 already zoned for Palestinian
residential construction, the rest (close to 2,000
dunums) is currently zoned as “green areas” or has
never been planned.51 Therefore, if these plans are
approved by the municipality, the total area of East
SPECIAL FOCUS April 2009 15
UN OCHA oPt
In 2000, Ali Jum’a built a 100-m2 house in As Sawahira al Gharbiya on a ½ dunum plot of private land he
inherited from his family. Though Mr. Jum’a’s father had built their family home in the same area before 1967,
it was designated a “green area” in the 1970s. Four years after constructing his house, Ali Jum’a received a
notice to appear in court because he had constructed his home without a building permit. The family paid NIS
5,000 in fees for legal representation. The court fined Mr. Jum’a NIS 32,000 for building without a permit and
instructed him to obtain a building license.
Between 2004 and 2007, Mr. Jum’a’s family went through the permit application process, which entailed hiring
an engineer to develop a plan of the area that, if approved, would alter its status from “green” to “residential”.
Developing the plan cost over NIS 63,000, an amount shared by a number of his extended family with homes
in the area; his share was approximately NIS 9,300. In April 2007, the Jerusalem District Committee rejected the
plan and two months later the Israeli authorities demolished the house.
In July 2007, the Israeli Committee Against House Demolitions (ICAHD) helped Mr. Jum’a’s family rebuild their
house. Immediately thereafter, the family received a new demolition order, which they again unsuccessfully
appealed. On 25 November 2008, the
house was demolished for the second
time, displacing Mr. Jum’a’s family
of eleven, including seven children
between six months and 16 years of
age. The family now lives in a rented
apartment in Jabal al Mukabbir. There
are multiple other houses, along with a
mosque, in the area that have pending
demolition orders against them.
Case Stud y IV: The displace ment of THE Jum’a fa mil y fro m AS SAWAHIRA AL GHARBIYA
Figure 3: Breakdown of costs associated with building the Jum’a house
ITEM COST
Construction cost of house 200,000 NIS
Legal fees for first house 5,000 NIS
Fine for building without a permit 32,000 NIS
Share of surveyor fees 3,000 NIS
Share of engineer fees to develop plan 6,300 NIS
Legal fees for second house N/A (paid by ICAHD)
TOTAL
247,300 NIS
(approx. USD 59,000)
Photo by James Weatherill
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16
Jerusalem which is zoned for Palestinian residential
construction will be increased, and Palestinians will
have greater opportunities to build new housing. In
addition to these large planning schemes, individual
Palestinians also submit hundreds of plans for
small areas. In 2008 alone, Palestinians submitted
190 plans.52 It is usually more difficult, however,
for these smaller plans to be approved as they are
often produced with limited resources and do not
sufficiently take into account larger existing plans.
In June 2008, IPCC succeeded in receiving initial
approval for a master plan for the neighbourhoods
of Deir al Amoud and Al Mintar in eastern Sur
Bahir. The existing 193 houses (about 240 housing
units) in the area of the plan had been threatened
with demolition for having been built without
permits in a “green area”. If successful, the plan
will create potential for the construction of 500 new
housing units in the neighbourhoods, in addition
to allowing residents to use it in building permit
applications to authorize existing construction.
IPCC is also working on plans for the Tel Adassi
area of Beit Hanina and Jabal al Mukabbir.
Bimkom has been working since 2004 to develop
a new outline plan for the East Jerusalem neighbourhood
of Al ‘Isawiya. Working closely with
members of the community for the past five years,
Bimkom is attempting to address its most urgent
needs in terms of housing, services, economic
development and community life.53 Like IPCC’s
plan in Sur Bahir, the plan seeks not only to
provide new housing possibilities for Palestinians
in the neighbourhood, but also to help residents
in applications to legalize houses previously built
without permits. While demolitions continue to
take place in Al ‘Isawiya, most recently on 18 November
2008, the development of the plan has
assisted residents in judicial proceedings to request
the freezing of individual demolition orders while
the plan is under review.
In the Khalet el ‘Ein area of the Mount of Olives,
a community-based organization, the At Tur
Development Society, has been working with the
Office of the Palestinian Prime Minister’s Advisor on
Jerusalem Affairs to produce a master plan of the area
that, if approved, would enable residents to obtain
permits for their homes. The targeted area, which
is part of At Tur neighborhood, is located behind
the Augusta Victoria hospital. All 85 buildings (420
housing units) in the area have pending demolition
orders. Since the demolition orders were initially
received in late 2001, the At Tur Development Society
has been engaged in negotiations with the Jerusalem
municipality. A major stumbling block has been the
municipality’s plan to earmark 700 of 1,100 dunums
of land covered by the plan for a national park.
The Advisor on Jerusalem Affairs has also supported
the approximately 2,000 residents of the area by
appointing a lawyer with the role of challenging
the pending demolition orders. Thus far, the lawyer
has succeeded in freezing the demolition orders for
360 out of 420 housing units while the plan is under
review. Efforts are underway to obtain a similar
freeze for the remaining 60 housing units.
Additional planning is urgently required in many
other neighbourhoods of East Jerusalem to meet
the needs of the growing Palestinian population,
and to legalize existing housing units to prevent
further demolitions and displacement. Because of
the shortcomings of many small, privately-funded
neighbourhood planning schemes that have been
submitted, there is a need to develop new and
revised plans that meet the needs of the Palestinian
population and take into account the larger master
plans that already exist. Unfortunately, however,
town plan development takes years and can cost
hundreds of thousands of dollars. At present, East
Jerusalem planning initiatives are under-funded
and, as a result, existing planning is inadequate for
the current and future Palestinian population.
These planning initiatives complement a range of
activities, include ongoing legal aid and advocacy
efforts by Israeli and Palestinian NGOs, designed
to raise awareness regarding Israel’s policy of home
demolitions
and mitigate its impact on Palestinian
residents of East Jerusalem, along with efforts to
challenge the legality of demolitions in the Israeli
courts.
SPECIAL FOCUS April 2009 17
UN OCHA oPt
On 5 March 2009, after a protracted
legal battle, the residents
of 34 apartments in two buildings
in the Al Abbasiya area
of Ath Thuri were notified by
the Israeli
authorities that they
must evacuate their apartments
within ten days because the
buildings
would be demolished
sometime after 15 March 2009.
The approximately
240 residents
of the affected apartments
have lived in the buildings for
at least five years, and many
purchased their apartments
believing
that they had been
built with a valid permit. Good
faith efforts undertaken by the
residents to legalize their building
have met with repeated
denials from the municipality.
As opposed to many areas of
East Jerusalem, the neighbourhood of Ath Thuri has a detailed plan, but it permits a plot ratio of just 50
percent in Al Abbasiya, where the apartments are located. While the landowner of the two threatened
buildings received a construction permit from the Jerusalem municipality before he began construction
in 2000, he exceeded the density ratio and the two apartment buildings were built at a density ratio of 180
percent. As a result, in 2001, the municipality issued a demolition order against the buildings.
In 2006, the Jerusalem municipality took the landowner to court in order to force him to demolish the
buildings. In addition to ordering the demolition of the buildings, the court fined the landowner, who
had left the country, NIS 2.5 million, sentenced him in abstentia to eight months in jail, and gave him a
year to prepare a revised construction plan to legalize the buildings. The landowner never paid the fine
or submitted a revised plan.
Since that time, the Jerusalem municipality has rejected all attempts by the residents to legalize the
buildings, on the grounds that they are not the original landowners and, therefore, do not have legal
standing to apply for a permit.54 After years of legal proceedings, the Israeli High Court in February 2009
rejected an appeal from the residents that would allow them one additional year to prepare a detailed
plan. Two weeks later, the residents received the eviction orders. With demolition imminent, the residents
sued the municipality to gain standing as the owners of the buildings and recently had the demolition
order suspended by the Jerusalem district court.
Case Stud y V:
Failed atte mpts to le galize apart ments in Al Abbasi ya area of Ath Thuri
One of the two buildings in Al Abbasiya area of Ath Thuri which the Jerusalem
municipality intends to demolish. The sign on the building was hung by residents
to protest the municipality’s demolition policy after the 240 residents received
eviction orders on 5 March 2009.
Photo by James Weatherill
SPECIAL FOCUS April 2009
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18
Since 1967, Israel has failed to provide Palestinian
residents of East Jerusalem with adequate planning to
meet natural population growth. While Palestinians
face significant obstacles to legal building on the 13
percent of East Jerusalem designated for Palestinian
construction, Israeli settlements have flourished on
the 35 percent of land expropriated for them, in contravention
of international law.
Much of the land zoned for Palestinian construction
is already built up. In addition, the possibility of
obtaining a permit in this 13 percent is constrained
by a number of factors, including a complicated and
expensive application process, the necessity of an
approved detailed plan for the area, and limits on the
size of construction, or plot ratio, which is generally
less than half that allowed in neighbouring Israeli
settlements or in West Jerusalem. A small percentage
of Palestinians succeed in obtaining the requested
building permit and the number of permits issued
by the Jerusalem municipality consistently fails to
meet demand. Outside this 13 percent, Palestinian
construction is completely banned.
This situation has resulted in a housing crisis
for the Palestinian population characterized by
a shortage in housing and widespread “illegal”
construction in East Jerusalem. Compounding this
crisis are the increasingly difficult living conditions
for Palestinians stemming from the inequitable
allocation of budgetary resources that has resulted
in inferior services in Palestinian areas of East
Jerusalem. As a result, there are increasingly fewer
options available to Palestinian East Jerusalemites
to attain appropriate housing within the city. Those
who move outside the Israeli-defined municipal
boundaries, however, risk having their residency
status in the city revoked by the Israeli authorities.
It is against this backdrop that Israel’s demolition
of “illegal” Palestinian construction occurs. Recent
events indicate that the Jerusalem municipality will
maintain, and possibly accelerate, its policy on house
demolition.55 This gives rise to a number of concerns,
foremost among which is the displacement
of Palestinian
families and the daily instability
experienced
by those for whom demolition is
pending.
As the occupying power, Israel must ensure that
the basic needs of the Palestinian population of the
occupied territory are met. Central to meeting this
obligation is the need for the Israeli authorities to
undertake planning that will address the Palestinian
housing crisis in East Jerusalem. As a positive first
step, the Israeli authorities should freeze pending
demolition orders.
In addition to actions required from the Israeli
government, support is needed for local and
international organizations and agencies working
to meet the immediate and longer-term needs of
displaced families and those facing the imminent
threat of displacement. At the same time, support
should be directed towards assisting Palestinian
communities that are attempting to address
Palestinian housing needs within the current
restrictive system by legal aid, planning initiatives
and advocacy.
Conclusion
SPECIAL FOCUS April 2009 19
UN OCHA oPt
End Notes
1 See body of report for sources of information found in
Executive summary.
2 United Nations Security Council Resolution 252 of 1968
reaffirmed that the “acquisition of territory by military
conquest is inadmissible” and noted that “all legislative
and administrative measures and actions taken by Israel,
including expropriation of land and properties thereon,
which tend to change the legal status of Jerusalem are
invalid and cannot change that status.”
3 The Jerusalem municipality and the Ministry of
Interior refuse to publish exact figures on the number of
outstanding demolition orders against Palestinian homes
in East Jerusalem: Meir Margalit, No Place Like Home: House
Demolitions in East Jerusalem, Israeli Committee Against
House Demolitions, March 2007, p. 8. Unofficial sources,
however, estimate that up to 1,500 residential buildings
in East Jerusalem currently have demolition orders
against them. See Jerusalem on the Map III. Jerusalem: The
International Peace and Cooperation Center. 2007. p. 37.
4 Richard Miron, Chief Public Information Officer,
Office of the United Nations Special Coordinator, March
2009.
5 Tsipi Malkuv, “The policy of demolishing homes
[in Jerusalem] will continue at an increased rate; From
now on the house demolition will be carried out with
explosives,” Yedioth Yerushalaim, 3 April 2009.
6 Demolition figure derived from official figures for the
period January – August 2008, combined with demolitions
recorded by OCHA during the last quarter of 2008.
Official demolition figures were provided to B’Tselem by
the Jerusalem municipality and the Ministry of Interior in
September and November 2008, respectively, through the
Freedom of Information Act. URL: http://www.btselem.
org/english/Planning_and_Building/East_Jerusalem_
Statistics.asp. Number of displaced from B’Tselem.
URL: http://www.btselem.org. According to the Israeli
Committee Against House Demolitions (ICAHD), Israeli
authorities have demolished 18,000 homes in the oPt,
including East Jerusalem, since 1967. Of these, some 6,000
houses were demolished in the immediate aftermath of
the 1967 war, while another 2,000 were demolished in the
early 1970s in the Gaza Strip. For the estimate of 2,000
houses demolished in East Jerusalem since 1967, see
Jerusalem on the Map III,p. 37.
7 The figures on houses demolished by the Jerusalem
municipality were provided to B’Tselem by the
municipality on 11 March 2004 and 4 November 2008,
following a request under the Freedom of Information
Law. The figures on houses demolished in East Jerusalem
by the Ministry of Interior were provided to al-Quds
Center for Social and Economic Rights on 5 December
2004 by the Ministry’s Strategic Planning Department,
and in a letter of 24 September 2008 to B’Tselem
from Daniel Segev, who is responsible for freedom of
information matters relating to the Ministry. The figures
on demolitions by the Ministry of Interior in 1999-2001
were taken from the September 2004 report of the Israeli
Committee Against House Demolitions. URL: http://
www.btselem.org/english/Planning_and_Building/East_
Jerusalem_Statistics.asp.
8 Figure derived from official statistics for Area C
demolitions due to lack of building permits between
2000 and September 2007 (1,663) and OCHA figures
for the period 1 October 2007 – 31 December 2008. The
official data was provided to Israeli Knesset Member
Chaim Oron in response to a parliamentary query he
placed, and later published by Peace Now in: “Area C:
Palestinian Construction and Demolition Stats – February
2008.” URL: http://www.peacenow.org.il/site/en/peace.
asp?pi=61&fld=495&docid=3159. For more information
on Area C demolitions, see OCHA Special Focus, “Lack of
Permit” Demolitions and Resultant Displacement in Area
C, May 2008, URL: http://www.ochaopt.org/documents/
ocha_opt_special_focus_demolition_area_c.pdf.
9 In addition to the 19 structures demolished for lacking
the requisite building permits, two other structures were
rendered uninhabitable in East Jerusalem by the Israeli
authorities – one by demolition, and one by sealing with
concrete – as a “deterrent” related to two attacks on
Israeli citizens during 2008. Data from 1 January to 23
April 2009.
10 Sixty-seven percent of non-Jewish families in
Jerusalem live below the poverty line compared to 21
percent of Jewish families. Israeli Central Bureau of
Statistics, published by the Jerusalem Institute of Israel
Studies, Table VI/2 - Extent of Poverty 1 among Families
in Jerusalem by Religion and Family Characteristic,
2006. URL: http://www.jiis.org.il/imageBank/File/
shnaton_2007/shnaton_F0206.pdf. Please note that the
poverty definition employed differs from that used by the
Palestinian Central Bureau of Statistics (PCBS). Therefore,
this rate is not comparable to PCBS poverty rates for the
remainder of the West Bank.
11 Survey conducted by the Palestinian Counseling
Center, Save the Children – UK and the Welfare
Association in 2007. “Broken Homes: Addressing the
Impact of House Demolitions on Palestinian Children
and Families”, publication forthcoming.
12 The case studies in this report are based on OCHA
field work, meetings with planning experts, affected
communities and their lawyers, and NGOs monitoring
planning issues.
13 Legal opinion by Jerusalem municipality legal advisor,
Yossi Havlev, “Demolitions in Al Bustan Neighbourhood
– Kings Valley Silwan,” 8 March 2009, number 2009-0236-
1126.
14 Letter from Jerusalem City Engineer Uri Shitreet to
Director of the Construction Supervision Department, 11
November 2004, number 2004-0181-332.
15 An individual whose house has received a demolition
order can go to court to freeze the demolition order on the
basis that the plan under review would legalize his house
if the plan is approved.
SPECIAL FOCUS April 2009
UN OCHA oPt
20
16 Quoted in: Rory McCarthy, “Clinton condemns
Israel’s demolition of Arab East Jerusalem homes,” The
Guardian, 4 March 2009, and Barak Ravid, “Clinton:
Israel’s demolition of East Jerusalem homes harms peace
efforts,” Ha’aretz, 4 March 2009.
17 Etgar Lefkovits, “Barkat may relocate Silwan
residents”, The Jerusalem Post, 19 March 2009. URL:
http://www.jpost.com/servlet/Satellite?pagename=JPost/
JPArticle/ShowFull&cid=1237461629053.
18 UNSC Resolution 252. “East Jerusalem” is defined
as the part of the city that is east of the 1949 Armistice
line (Green Line). There is no clear delineation of how
far east the city extends as the municipal boundary line
established by Israel after the 1967 war is not recognized
by the international community, nor was the formal
annexation of the city by Israel in the 1980’s (see UNSC
Resolution 476 and 478).
19 Article 49, paragraph 6, of the Fourth Geneva
Convention relative to the Protection of Civilian Persons
in Time of War states that the occupying power “shall not
deport or transfer parts of its own civilian population into
the territory it occupies.” In 2004, the International Court
of Justice concluded that Israeli settlements in the oPt
are in breach of international law, and Israel’s settlement
activity has been condemned by the UN Security Council.
International Court of Justice, Advisory Opinion on The
Legal Consequences of the Construction of a Wall in the
Occupied Palestinian Territory, 9 July 2004. Also see,
Annex I of OCHA report, The Humanitarian Impact on
Palestinians of Israeli Settlements and Other Infrastructure in
the West Bank, July 2007, p. 68.
20 B’Tselem, “Policy of discrimination in planning,
building and land expropriation,” URL: http://www.
btselem.org/english/Jerusalem/Discriminating_Policy.asp.
21 Population as of end of 2008. Figures calculated by
OCHA based on the assumption of an even population
growth in both East and West Jerusalem, based on ICBS
population figures for the whole of Jerusalem.
22 Nathan Marom, The Planning Deadlock: Planning
Policy, Land Regularization, Building Permits and House
Demolitions in East Jerusalem (Hebrew), December 2004,
Bimkom – Planners for Planning Rights and Ir Shalem, p.
25. This section is also drawn from the work of the Israeli
Committee Against House Demolitions, in particular see
Margalit, March 2007.
23 Resolving land ownership issues is complicated in
East Jerusalem due to the large number of heirs owning
a particular plot; difficulties in proving ownership
according to municipal guidelines; the inability to register
land in Jerusalem since 1967; and the possibility of the
Israeli authorities invoking the Absentee Property Law of
1950. See Bimkom and Ir Shalem, The Planning Deadlock,
English Abstract, 2005, p. 5. Also see Margalit, March
2007, pgs. 17-18 and 20-21.
24 For example, the settlement of Pisgat Ze’ev has a
construction density of 90-120 percent, while the Palestinian
neighbourhood of Beit Hanina has a construction
density of 50-75 percent. Likewise, the settlement of
Ramat Shlomo has a density of 90-120 percent while the
Palestinian neighbourhood of Shu’fat has a density of 75
percent. For these and other comparisons, see Margalit,
March 2007, pgs. 18-19.
25 Exchange rate as of 5 April 2009, 4.2 NIS = USD 1.
Figure derived from fees per unit published in Meir
Margalit, March 2007.
26 Jerusalem on the Map III. p. 37.
27 Plan #7977, available on the municipality’s website.
28 Information provided by the Jerusalem municipality
to OCHA on 16 December 2008.
29 General outline plan #AM/9, approved in the late 1970s,
covers 10,800 dunums of East Jerusalem land around the
Old City and the immediately adjacent neighbourhoods.
The detailed plans for Ath Thuri, Silwan, Ras Al Amud,
Ash Shayyah, As Suwana, and At Tur were developed in
accordance with AM/9.
30 Margalit, March 2007, p. 10. Fines are determined based
on an average cost of construction per square meter, as
determined by the municipality. For example, in 2005, the
average cost was determined to be USD 300 per square
meter of construction. As such, a person who built a 100
m2 house would face a basic fine of USD 30,000. Other
fines can be applied if so requested by the prosecution.
These can amount to up to 25 percent - 50 percent more.
For more details on fines and other penalties, see Margalit,
March 2007, pgs. 10-12.
31 Ministry of Defense data provided to Member of
Knesset Chaim Oron in response to a parliamentary
query he placed, and later published by Peace Now in:
“Area C: Palestinian Construction and Demolition Stats
– February 2008”. Enforcement of planning regulations
in Area C, including house demolitions, generally occurs
outside the boundaries of the so-called Special Outline
Plans created by the Israeli Civil Administration. As
a rule, applications for permits are submitted only in
regard to houses constructed in these areas and only after
the Civil Administration has issued a “stop work order”,
the step prior to the issuance of a final demolition order.
32 OCHA Special Focus, “‘Lack of Permit’ Demolitions
and Resultant Displacement in Area”.
33 According to the Local Outline Plan, 2004 data indicate
that there are 53,226 housing units in East Jerusalem:
38,226 are authorized housing units and an additional
15,000 have been built without permission. In other words,
28.2% of housing units are “illegal”. Other data, however,
indicate that the percentage of “illegal” housing units in
East Jerusalem may be as high as 45.7%. For example,
using data from municipal tax records (Arnona), OCHA
estimates that in 2006 there were 36,508 residential units
in East Jerusalem, including the 15,000 “illegal” units,
which would mean that 41% of all housing units in East
Jerusalem were “illegal”. Information from Jerusalem
city council member Meir Margalit also indicates a figure
for “illegal” construction that exceeds 41%; according
to Margalit, municipal tax records showed that there
were 40,658 residential units in East Jerusalem as of
December 2008, including the 15,000 “illegal” units.
Given that the Local Outline Plan estimates that 900
SPECIAL FOCUS April 2009 21
UN OCHA oPt
“illegal” housing units are constructed per year, by 2008,
there would have been a total of 18,600 “illegal” housing
units. Based on these figures, the percentage of “illegal”
construction in East Jerusalem can be as high as 45.7%.
Accordingly, the number of Palestinians who are at risk
of having their homes demolished in East Jerusalem
can be as high as 102,825 (45.7% of the total Palestinian
population of 225,000). (For Local Outline Plan figures,
see Section 4.6, Local Outline Plan Jerusalem 2000, Report
No. 4, prepared for the Jerusalem municipality by the
Planning Administration, City Engineer, City Planning
Department. Hebrew version available at URL: http://
www.jerusalem.muni.il/jer_main/defaultnew.asp?Ing=1.
For the source of OCHA’s 2006 figures, see Table X/12 -
Dwellings in Jerusalem, by Area, Quarter, Sub-Quarter and
Statistical Area, 2006, URL: www.jiis.org.il/imageBank/
File/shnaton_2006/shnaton_J1205b_w.xls. Information
from Jerusalem city council member Meir Margalit was
provided to OCHA in a telephone conversation on 16
April 2009).
34 Bimkom and Ir Shalem, The Planning Deadlock, English
Abstract, 2005, p. 2.
35 Ir Amim, “A Layman’s Guide to Home Demolitions
in East Jerusalem,” March 2009, p. 4. URL: http://
www.ir-amim.org.il/Eng/_Uploads/dbsAttachedFiles/
HomeDemolitionGuideEng(1).doc.
36 Ibid.
37 For more details on the shortage of classrooms, see
the UN Humanitarian Monitor, September 2008 and the
Association for Civil Rights in Israel (ACRI), “Background
Information on East Jerusalem, Education Fact Sheet”,
September 2008, URL: http://www.acri.org.il/eng/story.
aspx?id=533. For lack of infrastructure, see ACRI, “East
Jerusalem, Facts and Figures”, June 2008. URL: http://
www.acri.org.il/pdf/EastJer2008eng.pdf.
38 For more information on the Barrier’s impact on East
Jerusalem, see the OCHA report, “The Humanitarian
Impact of the West Bank Barrier on Palestinian
Communities: East Jerusalem”, Update No. 7, June
2007. URL: http://www.ochaopt.org//index.php?modu
le=displaysection&section_id=105&static=0&edition_
id=&format=html&period=50:YEAR.
39 According to official figures published by B’Tselem, in
2006, the Israeli authorities revoked the residency of 1,363
Palestinians. This was the highest number of revocations
in any year since 1967.
40 General outline plan #AM/9 designated the area of
Wadi Yasul as “open space” or “green”.
41 Please note that there are other areas in the immediate
vicinity of Wadi Yasul where houses have demolition
orders against them, but, in this case study, the focus
is on the 55 houses in Wadi Yasul for which engineers
formulated a detailed plan and attempted to change the
status of the area from green to residential.
42 One such modification involved the total area to be
included within the detailed plan. For example, based on
recommendations from municipal planning authorities,
the planned area was revised from 35 dunums to 95
dunums to include the whole valley. It was later reduced
to 77 dunums in order to exclude land that was claimed
by the Jewish National Fund.
43 Minutes of discussion by the Jerusalem District
Planning Committee, available on the Jerusalem
municipality website at URL: http://www.jerusalem.
muni.il.
44 For more information on how political considerations
have played a role in planning in East Jerusalem, see the
publications of the Israeli Committee Against House
Demolitions, Bimkom and B’Tselem cited herein. Also
see B’Tselem, “Legal status of East Jerusalem and its
residents”, URL: http://www.btselem.org/english/
Jerusalem/Legal_Status.asp; and Usama Halabi, “Israeli
Laws and Judicial System as Tools for Accomplishing
Political Objectives in Jerusalem,” published by The
Civic Coalition for Defending the Palestinians’ Rights in
Jerusalem, June 2007.
45 See supra note 20
46 Bimkom and Ir Shalem, The Planning Deadlock, English
Abstract, 2005, p. 2.
47 Amir S. Cheshin, Bill Hutman and Avi Melamed,
Separate and Unequal, The Inside Story of Israeli Rule in East
Jerusalem, Harvard University Press, 1999.
48 See Section 7.2.1, “Maintaining a Jewish Majority
in the City while Attending to the Needs of the Arab
Minority”, of the unofficial translation of the Local
Outline Plan Jerusalem 2000, Report No. 4, prepared for
Jerusalem municipality by the Planning Administration,
City Engineer, City Planning Department.
49 ACRI, “East Jerusalem, Facts and Figures.”
50 Nir Hasson, “Turkish documents prove Arabs own E.
Jerusalem building,” Ha’aretz, 19 March 2009.
51 From a meeting between OCHA and Bimkom planner,
Efrat Cohen Bar, on 9 March 2009.
52 Ir Amim, “A Layman’s Guide to Home Demolitions in
East Jerusalem.”
53 Bimkom, from the description of “The Kaminker
Project,” URL: http://eng.bimkom.org/Index.asp?ArticleI
D=88&CategoryID=131&Page=1.
54 In response to the 2006 court order, the owners of
the 34 apartments submitted a new construction plan
in 2007 to the municipality in an attempt to receive a
plot ratio variance (e.g. an exception) to legalize their
buildings. The municipality’s appeal, which was upheld
by the Jerusalem appeals’ court, held that the residents
were ineligible to apply for a plan because they were
not the original landowners. Upon obtaining a power
of attorney from the original landowner, residents again
went to court to continue the planning process. In May
2008, the district court gave the residents an additional
year to develop the detailed plan, but the municipality
objected and in January 2009 the appeals’ court cancelled
the district court’s decision to allow additional time. The
residents appealed to the Israeli High Court and, on 18
February 2009, the High Court rejected their appeal.
55 See supra note 5.