1966 International Covenant on Civil and Political Rights, which states that,
“Everyone lawfully within the territory of a State shall, within that territory,
have the right to liberty of movement and freedom to choose his residence.”59
In his latest report to the United Nations Human Rights Council, Richard Falk
says that residency revocation, paired with the demolition of residential
structures and forced evictions of Palestinian families, is in violation of the
basic right to adequate housing enshrined within the International Covenant
on Economic, Social and Cultural Rights. Between 2004 and 2013, excluding
“self-inflicted” demolitions60, 492 housing units were demolished in East
Jerusalem, displacing 1,943 Palestinians. The situation is desperate, and Falk
refers to the case of Palestinian Jerusalemites as “a gradual and bureaucratic
process of ethnic cleansing”.61 As this paper will go on to demonstrate, however,
the findings of Falk and a variety of other individuals and organizations in
relation to the discriminatory practices of Israel reveal not a series of isolated
incidents, but rather a comprehensive patchwork of legislation and judicial
decisions which systematically targets the Palestinian ‘other’, driving a steady
and relentless process of forced population transfer. Here it is important to
note that according to the Sub-Commission on Prevention of Discrimination
and Protection of Minorities of the former Commission on Human Rights,
forced population transfer:
[...] remains a systematic coercive and deliberate […] movement
of population into or out of an area […] with the effect or purpose
of altering the demographic composition of a territory, particularly
when that ideology or policy asserts the dominance of a certain
group over another.62
As such, this represents a clear and direct contravention of Israel’s obligations
as occupying power under international humanitarian law, and it is a breach
which demands a swift and decisive response.
59 United Nations, International Covenant on Economic, Social and Cultural Rights, 1966, http://www.
ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx.
60 This term relates to instances where the Israeli authorities demand homeowners demolish their
own property. Failure to do so will result in the property being demolished by the State, with the
homeowner invoiced for this expense at an inflated rate. The homeowner is therefore coerced into
demolishing their own property so as a means of mitigating the financial impact upon them and their
family.
61 Richard Falk, Report of the Special Rapporteur on the Situation of Human Rights in the Palestinian
Territories Occupied since 1967 (UNHRC, January 13, 2014), http://richardfalk.wordpress.
com/2011/02/14/report-of-special-rapporteur-to-the-un-human-rights-council-on-occupiedpalestinian-territories/.
62 Al-Khawasneh and Hatano, The Human Rights Dimensions of Population Transfer Including the
Implantation of Settlers, Preliminary Report Prepared for Commission on Human Rights SubCommission on Prevention of Discrimination and Protection of Minorities, Forty-Fifth Session, 27–32.
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