106
Israeli Land Grab and Forced Population Transfer of Palestinians
Israeli sovereignty in East Jerusalem.376 So-called “demographic balance” saturates
planning with restrictions and burdensome bureaucratic procedures derived from
political bias.377 Israeli zoning policy permits Palestinians to build in only 13
percent of East Jerusalem (nine percent to build residential buildings) much of
which is already built up. 378
Israel applies the Planning and Building Law of 1965 (Chapter Five)379 to annexed
East Jerusalem prohibiting authorization of building permits for areas not zoned
for construction, that lack a planning scheme or that have not completed a process
of reparcellation.380 Zoning is, therefore, integral to delegitimizing Palestinian
construction in Jerusalem.381
Local Town Planning Schemes
Local Town Planning Schemes are the most important means for supervising
planning. According to the Planning and Building Law, the purpose of a Local Town
Planning Scheme is to define development, allocate territory in accordance with
expected demand and population growth, and determine infrastructure such as traffic
arteries. The planning authorities use three main mechanisms to achieve the goal of
"demographic balance" by reducing housing options for Palestinians: not preparing a
376 In 1993 City Engineer Elinoar Barzacchi expressed State policy when she described the municipality‘s
strategy for dealing with the “demographic threat” of the Palestinian population, particularly dangerous
in Jerusalem: ‘There is a government decision to maintain the proportion between the Arab and
Jewish population in the city at 28 percent Arab and 72 percent Jew. The only way to cope with that
ration is through the housing potential.’ See: Eyal Weizman, ‘Demographic Architecture’, Jerusalem
Quarterly 38 (Summer 2009): 17.
377 In 1973, the Israeli government adopted the recommendation of the Inter-ministerial Committee to
Examine the Rate of Development for Jerusalem, which determined that a “demographic balance
of Jews and Arabs must be maintained as it was at the end of 1972”, that is, 73.5 percent Jews,
and 26.5 percent Palestinians. Current estimates place the Palestinian population at 39 percent.
See: ACRI, East Jerusalem - By the Numbers (May 7, 2013); available from http://www.acri.org.il/
en/2013/05/07/ej-figures/; accessed 14 May 2013.
378 OCHA, Special Focus: The Planning Crisis in East Jerusalem: Understanding the Phenomenon of
‘illegal’ Construction (April 2009); available from http://unispal.un.org/UNISPAL.NSF/0/2F8FB6437D
B17CA5852575A9004D7CB4.
379 Planning and Building Law 5725-1965, 1965; available from http://www.israellawresourcecenter.org/
israellaws/fulltext/planningbuildinglaw.htm; accessed 22 April 2013.
380 The Civic Coalition for Defending Palestinian Rights in Jerusalem, Aggressive Urbanism: Urban
Planning and the Displacement of Palestinians Within and from Occupied East Jerusalem
(Jerusalem, December 2009), 17; available from http://www.civiccoalition-jerusalem.org/ccdprj.ps/
new/pdfs/Aggressive%20Urbanism%20Report.pdf; accessed 23 April 2013.
381 For example, land planned as Open Landscape Areas or ‘green areas’ (22 percent of planned
Palestinian neighbourhoods in East Jerusalem) prohibits building. 30 percent of East Jerusalem is
unplanned. See: Bimkom and Ir Amim, The Planning Deadlock: Planning Policy, Land Regularization,
Building Permits and House Demolitions in East Jerusalem (April 2005).
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