Systematic and Institutional
Discrimination
The very establishment of colonies by the Occupying Power in an
occupied territory violates international law. Article 49 of GCIV explicitly
prohibits an Occupying Power from transferring any part of its own
civilian population into the territory it occupies. Since 1967, there have
been over 250 illegal colonies (including outposts) established by Israel
in the West Bank, including East Jerusalem.43 These illegally established
colonies are located adjacent to Palestinian villages and towns where a
two-tier legal system exists with regards to the provision of services and
the administration of laws. This two-tier system provides preferential
treatment for the Jewish-Israeli colonizers while simultaneously creating
a harsh living environment for Palestinians who live in the same area.
The Palestinian population does not enjoy the same right of access to
basic services and resources or equal use of roads and infrastructure. The
two-tier segregation is further exacerbated by the implementation of a
complex combination of movement and building restrictions consisting
of the Annexation and Separation Wall, checkpoints, bypass roads, zoning
and planning polices and a permit regime that severely hinders freedom
of movement and development of infrastructure. These restrictions are
only applicable to the Palestinian population.44
Israel controls all water resources in the West Bank and determines how much
water is provided to Palestinians. Water allocation is often disproportionally
designated to the colonies. From all water resources in the West Bank,
Palestinians are only able to use around 14 percent, whereas Israel uses 86
43 United Nations Office for the Coordination of Humanitarian Affairs Occupied Palestinian Territory
Country Office [hereinafter OCHA oPt], Humanitarian Impact of Settlements, November 2015,
available at: https://www.ochaopt.org/content/humanitarian-impact-settlements
44 See BADIL, FPT: Permit Regime, supra note 3.
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