in reality, ultimately aiming at restricting Palestinian use and access to lands in
east Jerusalem.
1. Zoning and Planning
The Planning and Building Law of 1965, which applies to east Jerusalem,
prohibits building permits for areas not zoned for construction or lacking a
planning scheme.108 Since no Local Town Planning Scheme for Jerusalem was
approved by Israel, it is impossible to obtain a permit. Consequently, tens of
thousands of individuals have no legal building option: 28 percent of Palestinian
homes in east Jerusalem are built without a permit,109 making this part of the
city twice as crowded as its Western part. Following the 1967 War, over a third
of east Jerusalem’s total area was confiscated and used to build 40,000 housing
units for the Jewish population exclusively, while no single unit was built for the
Palestinian population. The Jordanian planning schemes applicable prior 1967
were unauthorized and no alternative plans put forward until 1983.110 Israel’s
obsession with the demographic “balance” in Jerusalem led to a plethora of
restrictive and burdensome planning procedures.111 In fact, only 13 percent of
east Jerusalem is allowed for building (and 9 percent for residential buildings) by
Israeli zoning policy, most of which is already built up and even if it were not, it
would not be sufficient to cover the population’s housing needs.112
Unveiled in September 2004, the “Jerusalem Master Plan 2000” zoned areas
intended for specific functions such as residency, urban building, transportation
108 The Civic Coalition for Defending Palestinian Rights in Jerusalem, Aggressive
Urbanism: Urban Planning and the Displacement of Palestinians Within and from Occupied East
Jerusalem, 2009, 17, Available at: https://rete-eco.it/2012/attachments/article/38254/
Aggressive%20Urbanism%20Report.pdf
109 OCHA oPt, The Planning Crisis in East Jerusalem: Understanding the Phenomenon of Illegal
Construction, 2009, 12, Available at: https://www.ochaopt.org/sites/default/files/
ocha_opt_planning_crisis_east_jerusalem_april_2009_english.pdf
[Hereinafter:
OCHA oPt, The Planning Crisis in East Jerusalem].
110 BADIL, Israeli Land Grab and Forced Population Transfer of Palestinians, 105.
111 BADIL, Israeli Land Grab and Forced Population Transfer of Palestinians, 106.
112 OCHA oPt, The Planning Crisis in East Jerusalem, 18.
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