As such, Israel is turning the right to education and worship into a tool for
forced population transfer, and all Palestinian victims of this practice (a
category comprising of individuals still present in the occupied Palestinian
territory; citizens of Israel and exiled refugees) hold a legal entitlement to
reparation, i.e. return; housing and property restitution, compensation,
satisfaction (guarantees of non-repetition, prosecution) and rehabilitation.315
By creating policies which have restricted Palestinian access to medical
facilities, and severely undermined the right of Palestinians to adequate
housing, Israel has made it almost impossible for Palestinians to live even
remotely normal lives. In this light, the Special Committee to Investigate
Israeli Practices Affecting the Human Rights of the Palestinian People and
Other Arabs of the Occupied Territories, established by the United Nations
General Assembly, noted in its last report how Israeli authorities cite the
lack of building permits - which the committee noted as being almost
impossible for Palestinians to obtain - as justification for the demolition of
Palestinian homes, and thereby forcing the inhabitants to move. Accordingly,
the Committee concluded “that such removals may amount to a violation of
the prohibition of the forcible transfer of individuals or communities under
Article 49 of the Fourth Geneva Convention and of the rights to adequate
housing and freedom from arbitrary or unlawful interference with privacy,
family and home.”316
Moreover, the coercive nature of the permit regime on the decision of
Palestinians to leave their homes, communities and country must also be
considered against a range of other Israeli policies (highlighted in this Series
of Working Papers) which operate in the context of the almost 70-year long
exile of Palestinian refugees. Together, these policies strip Palestinians of
their fundamental rights and create an environment in which it becomes
ever more difficult to remain. Indeed, this is tragically demonstrated by
the humanitarian catastrophe inside the Gaza Strip; an environment which
315 Theo van Boven, “The United Nations Basic Principles and Guidelines on the Right to a Remedy for
Victims of Gross Violations of International Human Rights Law and Serious Violations of International
Humanitarian Law”, United Nations, 2010. Available at: http://legal.un.org/avl/pdf/ha/ga_60-147/
ga_60-147_e.pdf
316 Special Committee to Investigate Israeli Practices Affecting the Human Rights of Palestinian People
and Other Arabs of the Occupied Territories, “Report of the Special Committee to Investigate
Israeli Practices Affecting the Human Rights of Palestinian People and Other Arabs of the Occupied
Territories”, United Nations, 26 August 2014, pages 9-10. Available at: http://reliefweb.int/sites/
reliefweb.int/files/resources/N1451751.pdf
83
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