The Silwan-Al Bustan struggle continues

The pain and suffering inflicted on the community living in the Al Bustan area of Silwan must be one of the most shameful and cruel actions of the Jerusalem municipality which appears totally devoid of human compassion and in breach of its obligations as an occupying power. The 1,500 people, over 60 percent of whom are children, who are threatened with the destruction of their homes live with the daily fear of homelessness. In its apparent pursuit of a political agenda to change the demographic profile of Jerusalem and ensure that the Jewish population of East Jerusalem not only stays constant but increases, the municipality adopts and applies discriminatory and unjust laws which are designed to systematically drive the Palestinian population from the area.

While the municipality claims that the policy is not discriminatory and that demolitions are taking place in west and east Jerusalem, Dr. Meir Margalit, an elected councilor from the leftwing Meretz party, who has inside knowledge of the workings of the municipality and access to the data, puts the case more clearly and accurately. He says: "While the demolitions in the east were of Palestinian apartments and houses, in the west of the city they were nearly all small structures added on to buildings, including shop fronts." He goes on to point out that fewer than 7 percent of planning applications submitted by Palestinians in East Jerusalem have been successful in the first four months of  2009, against 14 percent from the west, while 41 percent of Palestinian East Jerusalem planning applications had been rejected, against 20 percent from the west. He is unequivocal in his condemnation of the municipality's actions: "The discrimination here is more than ideological. It is part of a cultural structure that is the norm in the municipality." 

Our local Palestinian contacts such as Fakhri reiterate this analysis of the municipality's objectives. Fakhri said, "We did what they (Jerusalem Municipality) asked us but it was no use. They have a political agenda." He perceives that the Jerusalem municipality, supported by the Israeli Government, wants Jewish settlements all around the Old City.

Such a blatant misuse of policy in regard to building regulations and planning approvals, and the consequent practice of home demolitions to bring about a major demographic change, is totally contrary to the obligations of an occupying power, as Israel is in east Jerusalem, in the eyes of the international community. Thus, it is imperative that we continue to support the right of the Silwan/Al Bustan community in their struggle for justice.  

Palestinians suffer from the following breaches of international human rights law:  

1. The Right to Housing: Art. 11(1) ICESR is fundamental. It includes the right to live in peace protected from forced eviction, harassment and threats. The obligation of the State under international human rights law is to refrain from forced eviction. UN committee (CESCR) has expressed serious concerns to Israel.

2. The right not to suffer from discrimination: ICCPR (Arts. 2(1) and 26), ICESCR (Art. 2(2)) and ICERD (Art.5) all forbid discrimination in relation to various rights, including housing.

Relevant breaches of international humanitarian law:

1. Prohibition on destruction of property and disproportionate use of force: unless justified by "military necessity" this is a grave breach and hence a war crime. "Military necessity" must be read extremely narrowly and should form part of "armed combat," and should not be part of the enforcement policies of an occupying power with effective control. (ART.5 Fourth Geneva Convention and Art. 23(g) of the 1907 Hague Regulations.)