however, Israeli planning authorities have only designated 15 percent of the land
for Palestinian residence, with 2.6% of this land zoned for public buildings,103
while Palestinians represent 60% of the population in East Jerusalem today.
Another tool used by Israel is the application of the Absentee Property Law to
Palestinian owners who are living in the West Bank and are therefore clearly not
“absent.” This law allows Israel to increase Jewish presence in east Jerusalem by
placing settlers in properties belonging to “absentees”.104 According to one estimate
for Palestine 1948 and east Jerusalem together, 60 percent of the fertile land
belonging to Palestinian refugees was confiscated under the Absentee Property
Law.105 The United Nations Human Rights Council, in investigating Israeli colonies
in the oPt, confirmed the Klugman Report’s finding that the Custodian of Absentee
Property was “an institution to dispossess Palestinians of their land and property.”106
As a result of this discriminatory set of legislation, 38 percent of Palestinian land
in east Jerusalem was confiscated between 1967 and 2017.107
C. Restrictions on use and access through urban
planning discriminatory policies
That which was not confiscated by force and by Israeli discriminatory legislation
is controlled by a complex zoning and planning system (1), used as a justification
for the demolition of structures (2) allegedly violating these urban policies, but
103 Ir Amim and Bimkom, Deliberately Planned: A policy to thwart planning in the Palestinian
neighborhoods of Jerusalem, 2017, Available at: https://ir-amim.org.il/sites/default/
files/Deliberately%20Planned.pdf
104 Ir Amim, Absentees against their will: Property expropriation in East Jerusalem under the
Absentee Property Law, 2010, 2, Available at: https://ir-amim.org.il/sites/default/files/
Absentees_against_their_will.pdf [Hereinafter: Ir Amin, Absentees against their will].
105 Jewish News, “Why we need to speak about the Absentee Property Law”, 2020,
Accessed 15 February 2022, Available at: https://blogs.timesofisrael.com/why-weneed-to-speak-about-the-absentee-property-law/
106 UN Human Rights Council, Report of the independent international fact finding mission
to investigate the implications of the Israeli settlements on the civil, political, economic, social and
cultural rightsof the Palestinian people throughout the Occupied Palestinian Territory, including
East Jerusalem. (A/HRC/22/63), 2013, 32.
107 Amnesty International Report, Israel’s Apartheid against Palestinians, 131.
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