This factsheet covers the violations documented by youth human rights defenders in the Gaza Strip throughout 2019 and 2020 as part of facts and figures that point to an overall systematic policy by Israel to violate the right to health and labor in the Gaza Strip.

The human rights defenders monitored and documented 483 violations in the Gaza Strip, committed by Israeli occupation forces throughout 2019-2020.

This paper will present the most prominent results of this documentation through a comprehensive tally of violations in the areas of operation, facts and figures.

Analysis of human rights violations in the Gaza Strip (restricted-access land and sea areas)

One: Right to Health

The blockade imposed on the Gaza Strip caused considerable damage to the health sector, where the ratio of people to health centers was 13,149 persons to every one health center. Moreover, there are only 13 hospitals in the Gaza Strip, with the ratio of physicians to population in Gaza at 10:10,000. There is one hospital for every 100,000 people in Gaza and 15 hospital beds for every 10,000 people. The period of empty hospital beds in Gaza hospitals does not exceed five hours. What’s more, the Gaza Strip suffers from a shortage of medicine given that 50% of basic medicines have run out in addition to 25% of medical supplies and 60% of supplies for labs and blood banks.

Throughout the preparation of this report, MIFTAH documented 41 violations pertaining to health services for citizens living close to access-restricted areas in Gaza, in addition to 13 allegations of medical negligence and 18 testimonies pertaining to bans on traveling outside the Strip for medical treatment. The results of the analysis of these violations are as follows:

Provision of health care:

Heart disease, circulatory illnesses, locomotor diseases, orthopedic diseases and neurological illnesses comprised over half of the documented cases (56%) while the other cases included illnesses involving: cancer, kidney, urinary tract, glandular, breast, eyes, diabetes and ear, nose and throat.

The time it takes for sick persons in restricted areas to arrive to hospital is as follows:

• 51.2%: 10-20 minutes
• 41.5%: 20-40 minutes
• 7.3%: 40-60 minutes
• 97% of cases said there was a shortage of medicines in the health clinic closest to them
• 73% of cases said there was a shortage of physicians in the health clinic closest to them
• 78% said there was a shortage of beds in the health clinic closest to them

Emergency services:

61% of violations were of the following: ambulances took 10-20 minutes to reach regions adjacent to access-restricted areas

39% of these included: emergency services that take 20-40 minutes to reach these areas

Disabled persons

The cases of violations against the right to health: 51% of cases said either they or one of their family members had a disability.

91% of citizens monitored for health violations said neither they nor their family members with disabilities received free care.

Treatment abroad

Throughout the duration of this report, MIFTAH monitored violations against citizens’ rights to receive treatment outside of the Gaza Strip, documenting 49 cases in access-restricted areas.

45% of these cases said they received medical referrals for treatment abroad.

55% said they were banned from receiving medical referrals for treatment abroad.

Monitored cases indicated that the most prominent violations of their rights to seek treatment abroad include:

45.2% of cases said they were banned from travel for security reasons, usually with no justification.

16.1% of these cases said Israeli restrictions for traveling were placed on those accompanying them.

35.5% said one of the gravest violations was the lengthy waiting period for receiving a response to permit applications.

Medical negligence and medical errors

In access restricted areas, MIFTAH monitored (11) allegations of medical errors or cases of medical negligence, half of which were while the cases were undergoing surgery. These cases varied between abuse of patients, inaccuracy of the diagnosis, or giving patients medication that were not appropriate to the patient's weight or age. The results of negligence also differed, some of which resulted in slight harm to the patient, but some of them resulted in death.

Two: Right to Work

The term “land and sea buffer zone” applies to areas of land and sea, which Israeli military forces have unilaterally and illegally declared as a no-access zone along the eastern and northern land and sea border of the Gaza Strip following the redeployment plan in September, 2005. According to Israeli announcements, the buffer zone extends 300 meters along the northern and eastern border and into the Mediterranean Sea with various permitted areas for fishing, in accordance with security conditions.

The land buffer zones include the best farmland in the Gaza Strip, estimated at 27,000 dunums or 35% of the overall area of agricultural land in Gaza. This area is known for its abundant livestock, especially poultry and cattle barns. The ban on accessing these areas has limited farmers from planting various types of crops. Regarding fish stock in the Gaza Strip, this sector has been unable to effectively contribute to the local economy, whereby its contribution of the local product equaled 1%. This could be attributed to the meagre capabilities available to fishermen, coupled with the daily Israeli attacks on fishermen while they are out at sea, in addition to the decrease in the fishing area and the tightened maritime blockade.

The policy of collective and individual punishment, the blockade and siege on the Gaza Strip has resulted in the following:

In 2019, the number of unemployed over the past 15 years reached 217,000 people in the Gaza Strip while the unemployment rate in Gaza stands at 45% in comparison to 13% in the West Bank. . Furthermore, these measures represent a violation of international conventions and treaties.

MIFTAH documented 92 violations pertaining to the right to work in regions adjacent to access-restricted areas in the Gaza Strip. According to the testimonies, MIFTAH documented 27 cases of insecticides sprayed by Israeli planes in the access-restricted areas, 28 cases of bulldozed agricultural land by Israeli forces, three cases of access restriction to agricultural land, 24 cases of gunfire on agricultural land and farmers and 23 cases of shelling on land and agricultural structures.

Restrictions on access to work places by occupation authorities

• 99% of farmers and fishermen in access-restricted areas have experienced restrictions on reaching their farmlands in the eastern areas of the Gaza Strip or restrictions from reaching suitable fishing areas. All of the documented cases indicated that Israeli occupation authorities were the party that restricted their right to work.
• 96% of farmers subjected to violations of their right to work in access-restricted areas said Israeli forces opened fire, shot teargas or fired shells in some cases at them if they entered these access-restricted areas.
• The documented cases indicated that 75% of access restrictions extended from 300 meters to the separation fence, while 17% said they were in areas ranging from 300-600 meters from the separation fence. Furthermore, 8% of the cases were barred from approaching distances of one kilometer.
• Violations of farmers’ rights in access-restricted areas are not limited to gunfire or prohibiting them from approaching these areas; 73% of farmers said they were also subjected to insecticides and herbicides regularly sprayed on their farmland by Israeli planes and which ruined their crops.
• Also, 82% of farmers said their crops were ruined because of Israeli army shelling into agricultural areas.
• 73% of cases indicated that their land, which is near the separation border fence between the Gaza Strip and 1948-lands [inside the Green Line], was bulldozed and leveled, resulting in the ruin of their crops.
• Regarding the fishermen, all 10 documented cases stated they had been subject the risk of arrest, gunfire or of their fishing boats being impounded.
• Farmers are banned from exporting their produce whereby 70% of the documented farmers said they were barred from exporting produce abroad such as vegetables, strawberries, flowers, citrus and other crops.
• Furthermore, 63% of farmers were barred from importing the necessary raw and basic materials for farming; 22% said they were banned from importing agricultural medicines while 33% said they were prohibited from importing agricultural machinery and 19% said they were barred from importing fertilizers.

Facts on violations against farmers, fishermen and sick Gazans barred from traveling outside of the Gaza Strip:

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This factsheet was prepared as part of the “Youth as Human Right Defenders” project funded by the European Union The content of this document does not reflect the official opinion of the European Union. Responsibility for the information and views expressed in the study lies entirely with MIFTAH.

This factsheet highlights the most prominent violations monitored and documented by youth human rights defenders in Jerusalem and Hebron throughout 2019 and 2020. It includes facts and figures that point to an overall systematic Israeli policy to intentionally violate religious freedoms, the right to worship, right to education, cultural rights, housing rights and the freedom of movement in both Jerusalem and Hebron.

The human rights defenders monitored and documented 100 violations in Jerusalem and 126 in Hebron throughout 2019-2020.

This paper attempts to highlight the results of this documentation through comprehensive data, facts and figures on violations in the areas of operation.

Violations of educational, cultural and religious rights and the right to housing in East Jerusalem and the old city of Hebron

One: The right to education

The right to education is considered one of the most important rights guaranteed by all international conventions and a common denominator among several UN declarations including the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and The Convention on the Rights of Persons with Disabilities.

Patterns of violations against the right to education in East Jerusalem and the old city of Hebron

During the preparation of its analytical report, MIFTAH documented several patterns of violations committed by Israeli occupation authorities against Palestinians’ right to education, such as: house arrest of children, attacks on schools by Israeli forces and settlers, preventing students from reaching their schools due to closures and checkpoints and school dropout rate due to Israeli measures.

1.House arrest of children in East Jerusalem

Israeli forces impose forced house arrest on children for varying periods during which they must remain inside their homes or in the home of a relative. Israeli authorities sometimes extend the period of house arrest and also impose additional punitive measures if the child violates the arrest order. These orders are considered violations of international humanitarian law, particularly the Fourth Geneva Conventions and conventions on the right to education such as the Convention on the Rights of the Child and the International Covenant on Economic, Social and Cultural Rights, and have dire impacts on children’s right to education.

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This factsheet was prepared as part of the “Youth as Human Right Defenders” project funded by the European Union The content of this document does not reflect the official opinion of the European Union. Responsibility for the information and views expressed in the study lies entirely with MIFTAH.

Introduction:

This paper showcases facts and figures about the Israeli annexation plan for the occupied Jordan Valley, which is considered the West Bank’s breadbasket. The plan is part of the US “Deal of the century” aimed at eliminating the Palestinian cause. This paper will attempt to highlight the projected impacts of the annexation plan on Palestinian women in this region.

Snapshot of the Jordan Valley (facts and figures)

The future of 65,000 Palestinians living in the Jordan Valley is currently hanging in the balance as they wait to see when and how Israel plans to annex the Valley and therefore isolate them from other areas of the West Bank. On January 28, 2020, outgoing President Donald Trump officially announced his Middle East “Deal of the Century”, presenting a concept paper that would allow Israel to annex large parts of the occupied West Bank thus leaving Palestinians with control of over only 15% of historic Palestine. However, according to the Israeli organization “Peace Now”, the area of the Jordan Valley Israeli Prime Minister Benjamin Netanyahu plans to annex is larger than even that proposed in the Trump plan. According to the “Deal of the century”, Israel is allowed to annex approximately 964 square kilometers but according to the plan Netanyahu put forth, the area slated for annexation is around 1,236 square kilometers of the Jordan Valley.

The repercussions of Israel’s annexation plan for West Bank settlements and the Jordan Valley will be ‘catastrophic” for Palestinians. One of the major objectives of this plan is to take control of water resources, especially in the Jordan Valley, which will adversely impact the West Bank breadbasket in its entirety. The annexation of the Jordan Valley will result in the Palestinians losing 560 to 600 million cubic meters of water in addition to the loss of many economic opportunities of no less than $3.5 billion. It will also threaten Palestinian food and water security given that most West Bank areas depend on the agricultural produce of the Jordan Valley such as vegetables.

Violations against women in the Jordan Valley:

After the announcement of the annexation plan, there was an uptick in the number of violations in the Jordan Valley, particularly in residential and agricultural areas, including Israeli army and settler raids and property vandalism in a bid to drive Palestinians off their land. The following violations were recorded as part of a survey conducted by MIFTAH.

• 74% of women stated their properties had been assaulted
• 94% said their ability to visit their family and relatives in other areas was negatively impacted
• 88% said their fear from settler attacks resulted in an increased level of conservatism within their communities and in girls being deprived of education and work opportunities.
• 78% said they believed violations by occupation authorities caused an increase in domestic violence
• 74% said they had abused or yelled at their children due to Israeli violations
• 46% said they had been subjected to physical, verbal or sexual violence from their husbands or a family member
• 93% said Israeli occupation violations such as closures, land confiscation, restrictions on accessing sources of living and others, negatively impacted the livelihoods of women and their families in particular.

These violations make women more vulnerable to health risks such as miscarriages. When their areas of residence are closed, this negatively impacts their ability to reach clinics or hospitals to receive treatment. It also hampers the ability of preventative medicine teams and the Ministry of Health from maintaining a presence in their areas, which has exposed these communities to the spread of Covid-19 over and above direct Israeli army and settler violations that leave them vulnerable to the virus.

Psychological impacts:

• 98% of women stated they felt anxiety and fear from Israeli occupation violations and settler attacks
• 96% said they felt anxious when Israeli occupation forces raided and searched their homes; the same percentage of women felt ongoing anxiety over their family members being killed, arrested or beaten at the hands of Israeli soldiers or settlers.
• 94% said they were constantly on edge because of the sound of bullets or bombs or from seeing soldiers or settlers.
• 88% said they were anxious over the confiscation of their land or facilities by Israeli forces
• 59% considered that Israeli restrictions in this period have negatively impacted the ability of legal teams from reaching their places of residence.
• 44% believe Israeli violations and restrictions hindered women’s access to legal parties in order to file complaints over attacks by Israeli soldiers and settlers.

International law and annexation:

• The Jordan Valley is considered an integral part of the territories occupied in 1967 and from which UN Security Council Resolution 242 calls for the necessary and full withdrawal of Israeli occupation forces.
• The annexation process is an attempt to legitimize settlements in the occupied territories, which is in contravention to the Fourth Geneva Convention of 1949 (Article 49), which prohibits the occupying power from moving part of its population to the occupied territories and also prohibits the deportation of the civilian population from their lands.
• International criminal law considers the crime of settlements as falling under the jurisdiction of the International Criminal Court (ICC) whereby the court’s basic law (The 1998 Rome Statute) considers the oppression and deportation of the civilian population as a ‘crime against humanity” as long as it is implemented as part of a systematic policy (Article 7) in addition to considering Israel, as the occupying power, transferring its population to the occupied territories as ‘war crimes” (Article 8)
• Forceful annexation of land is in violation of customary law, which stipulates the “inadmissibility of acquiring land by war”
• Annexation of others’ land by force is considered a violation of people’s right to self-determination and their right to preserve their natural resources, in addition to being a violation of the UN charter on the inadmissibility of the use of force between countries in a way that threatens the unity and safety of the independence of countries and puts international peace and security at risk (Articles 1 and 2) of the UN Charter.
• Annexation of land by force is in violation of the international treaties on civil, political, economic, social and cultural rights of 1966 (Article 1)
• The annexation of land by force is a violation of The International Covenant on Economic, Social and Cultural Rights of 1966 (Article 1) 8
• The annexation of land by force is a violation of the law of “belligerent occupation” , which restricts the powers of the occupying authority and prevents it from owning occupied land and imposing “legal sovereignty” over it; Article 43 of The Hague Regulations for land warfare.
• The UN Security Council previously condemned Israel’s annexation of occupied Jerusalem in 1980 (Resolution 478 of 1980) and the Arab Syrian Golan Heights in 1981 (Resolution 497 of 1981)
• The criminalization of the annexation of others’ land has a place in the various provisions of international judiciaries, including the advisory opinion issued by the International Court of Justice regarding Israel’s separation wall in 2004.
• The UN General Assembly addressed the issue of annexation of others’ land in its resolutions coinciding with the approaches of international law. The GA passed a number of resolutions that call for not taking any measures that would lead to the annexation of others’ land, and in the Palestinian case, this was via Resolution 242 pertaining to the withdrawal of Israeli occupation forces from lands occupied in 1967. There was also Resolution 2851 on the illegitimacy of Israeli settlements, UNSCR446, which condemned Israel’s construction of settlements, UNSCR 452 and 465 on the illegality of Israeli settlements and UNSCR2335, which reiterated the call on Israel to halt settlement construction including in East Jerusalem, in addition to other resolutions that guarantee the rights of the Palestinian people.
• The UN Special Rapporteur on the Situation of Human Rights in the Palestinian Territories, Michael Lynk issued a statement on 1/5/2020 regarding the Israeli annexation project for the Jordan Valley in which he said: "Israel's decision to unilaterally march ahead with the planned annexation on July 1 undermines human rights in the region, and would be a severe body blow to the rules-based international order. It would also further undermine any remaining prospect for a just and negotiated settlement”

Testimonies of women in the Jordan Valley:

As part of this factsheet, a group of women living in the Jordan Valley gave their testimonies about measures taken by Israeli occupation forces after the “Deal of the Century “was announced. They also gave a description of their daily lives and the intimidation, anxiety and mental exhaustion they suffer. Following are some of their testimonies:

Subhiyeh Abdallah Ahmad Zubeidat:

A Palestinian farmer from the Zubeidat region of the Jordan Valley, Zubeidat stated: After the annexation plan was announced, Israeli occupation authorities opened a road connecting the town of Zubeidat with nearby settlements, which resulted in an increase in settler attacks. Furthermore, the Israeli army changed the streets at the entrance to the town and prevented Palestinians from building their own playground. They also uprooted palm trees here.” She then explained how the army sent threats to the village council, threatening the residents with displacement and with cutting off electricity and water supplies. She expressed her fear and concern over the frequency of settler and army raids into the town over the past year, saying they ruined property, attacked residents and arrested youth. She admitted she is always afraid for her husband and children, especially her oldest son, from being arrested or killed.

Intisar Mohammed Ahmad Nawawra:

A Palestinian farmer from the Fasayel region, Nawawra spoke about the rise in the number of house demolitions in her region since the annexation plan was announced, which in turn has heightened her anxiety and fears, especially over her children. She also said the Israeli army sent them threats about cutting water and electricity supplies.

Firyal Jamil Hussein Sawafta

Sawafta the head of the Bardala Women’s Center and said that immediately after the annexation plan was announced, settlers pitched tents at the border of the town and then began to build a settlement named “Makhula”, which was expanded in close proximity to Bardala. They also demolished Palestinian homes on the mountaintop and stole private land there. Sawafta maintained she did not receive any direct threats from the Israeli army but nonetheless felt threatened by the increasing number of Israeli military drills in the area. “You feel like you are in a warzone, not in your home,” she said. “We are afraid of raids, attacks, of being forced to leave our homes and land and losing everything we own. You feel sad and frustrated over the condition of your town, your neighbors and your family.”

Amneh Hassan Ahmad Sbeitan:

Sbeitan is a woman from the Jiftlik area of the Jordan Valley. Since the annexation plan was announced, she said there were no new measures taken by occupation authorities but that the entire town continues to live in a perpetual state of fear and tension over the unknown future. “Of course, I am also afraid; I worry about whether my daughters will be able come and go to university and not be turned back. If they are not allowed through, where will they go? I also worry about accessing health services in an emergency. Should we leave? Move? Or should we stay?”

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This month marks the 72nd anniversary of the Palestinian Nakba [Catastrophe], which saw the expulsion of Palestinians from their homes in 1948. It also signifies the ongoing suffering of Palestinian refugees since then, who continue to live in camps inside Palestine and in the Diaspora. Throughout this time, there have been continuous attempts to eradicate their cause and nullify their individual and collective right to return to their original homes. These efforts have taken on a new intensity in light of the US-designed “Deal of the Century” which aims to eliminate the entire Palestinian cause, first and foremost the refugee right of return, which is considered the backbone of the Palestinian cause and the foundation of any just solution to the conflict.

The UN protected the right of return for Palestinian refugees to their original homes and villages immediately after their expulsion in UNGA Resolution 194. This resolution is reaffirmed annually in various UN sessions, granting it a solid position in binding customary international law.

The Palestinian refugee cause is considered one of the most complex international causes, something which prompted the UN to issue Resolution 302 on 8/12/1949 stipulating the establishment of UNRWA, an independent UN international agency with a mission to care for and rehabilitate Palestinian refugees in their five areas of refuge (the West Bank, Gaza Strip, Jordan, Syria and Lebanon). The existence of an international UN agency that specializes in offering support to Palestinian refugees is extremely important given that it expresses the continuation of the international community’s responsibility towards these refugees and keeps their cause alive at the international level. It also distinguishes Palestine’s refugees from other refugees in the world who fall under the jurisdiction of UNHCR, thus preserving the exclusivity of their cause.

In this context, Israel and more recently, the United States, have sought to undermine the existence of UNRWA including cutting funding and inciting against it with the ultimate goal of dissolving the agency and ending international commitments to Palestinian refugees and their cause.

The struggle and resistance of the Palestinian people has contributed to turning the refugee cause into a political one, based on the right of the Palestinians to self-determination and liberation from Israeli settlement colonization, rather than being framed as a mere humanitarian and relief cause. This prompted the UN to adopt dozens of resolutions pertaining to the right of return for Palestinian refugees.

There is no doubt that the Nakba of the Palestinian people is ongoing due to Israel’s continuous colonialist and long-term policies based on a premise of expelling the people and settling the land. Since Israel expelled over 66% of the Palestinians in 1948, it has not stopped employing these same policies, which led up to the 1967 “Naksa” (or setback) which in turn displaced around a quarter of a million Palestinians. Israel’s forced expulsion of Palestinians has continued in several ways since then.

Following are Israel’s most employed forced expulsion policies:

1. The widespread use of war crimes with the objective of expelling Palestinians from their land such as during the 1948, 1956 and 1967 wars. These resulted in the destruction of over 500 villages, the depopulation of several others such as Deir Yassin and Kufr Qassem and in Israeli massacres of indigenous Palestinians such as in the village of Dawaymeh. The outcome has been one of the most complicated refugee problems in the world in addition to creating thousands of internally displaced Palestinians.
2. Manipulating legal personal status inside the occupied Palestinian territories in a manner that deprives ordinary residents or those with the right of residency to live in their own homes.
3. Discriminatory urban planning which encourages Jewish settlement expansion and inhibits Palestinian construction in certain areas such as Jerusalem, the Jordan Valley and the Negev Desert. Due to this policy, homes and entire villages are demolished under the pretext of “illegal construction.”
4. Stripping Palestinians of their properties according to discriminatory laws and regulations resulting in the forced evacuation of families from their homes.
5. Expulsion under security pretexts and military emergency law. This method has been widely used in the Palestinian territories since the start of the occupation and continues to be used to this day.
6. Creating intolerable circumstances in certain areas that eventually prompt residents to leave their homes and move to other areas.

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Number of workers:

In 2019, the number of workers in Palestine was 1,010,400 distributed as follows: 209,500 in the government sector, 667,600 in the private sector and 133,3000 who work in Israel and the settlements. Private sector workers included 501,700 in the West Bank and 165,900 in the Gaza Strip, comprising 66% of the overall number of workers in Palestine. Laborers in Israel and the settlements comprised 13.2% while workers in the government sector 20.7%.

The number of workers in the local market (which includes those in the public and private sectors) was approximately 877,111 in 2019, including 616,000 in the West Bank and 261,000 in the Gaza Strip. Moreover, the number of remunerated workers in the private sector amounted to approximately 360,000 with 255,300 in the West Bank and 105,400 in the Gaza Strip, with a distribution of 297,900 male and 62,800 female. The number of those working inside Israel was 110,400 and 22,900 in settlements; 300 Palestinian women worked in settlements and 600 inside Israel. The number of workers with Israeli-issued work permits amounted to 71% of the overall number of workers while 20% comprised those without permits. The remaining 9% was comprised of workers with Israeli ID cards or foreign passports.

Distribution of male and female workers:

Those working in the private sector among the 61,000 workers categorized as “owners” (that is, those who work in a facility they either fully or partially own and have at least one remunerated worker) including 52,000 in the West Bank and 8,000 in the Gaza Strip. Another 177,000 fall under the category of ‘self-employed” ( that is, they work in an institution they either fully or partially own and have no employees), including 140,000 in the West Bank and 115,000 in the Gaza Strip. Meanwhile, there were around 39,000 workers who work as unpaid family members, including 34,000 in the West Bank and around 5,000 in the Gaza Strip.

As for the number of women working in Palestine according to sector, data shows there are 50,400 women in the government sector, or 31% of the overall number of working women in Palestine. Another 108,900 women work in the private sector, at 68%, and 1,000 women working in Israel and the settlements or 0.6% of the overall number of women in the labor force.

The number of workers in the informal sector included 320,000 workers, including 288,000 males and 32,200 females, comprising around 32.7% of the overall labor force in Palestine. It should be noted that the rate of informal labor in Palestine (workers in the informal sector in addition to remunerated workers who do not have any rights in the labor market including end of service bonuses/ retirement/ paid annual leave or paid sick leave) comprised 57% of the overall number of laborers, including 61% males and 38% females, distributed as follows: 59% in the West Bank and 51% in the Gaza Strip.

Remunerated Workers:

The average daily wage in Israeli shekels [ILS] for remunerated workers in Palestine was ILS129; ILS111 in the government sector, ILS97 in the private sector. It should be noted that there is a clear discrepancy between the average wage for remunerated workers in the private sector according to region. While the average daily wage in the West Bank was ILS118 this rate drops to ILS44 in the Gaza Strip and in Israel and the settlements it was ILS254 (or ILS 33.4 overall, close to $10 million a day). There are another 188,000 uncontracted remunerated workers in the private sector while there are only around 67,000 workers in the private sector with permanent contracts.

Around 29% of remunerated workers in the private sector receive contributions from retirement funding/end of service gratuity – 33% in the West Bank and 18% in the Gaza Strip. Furthermore, less than half of female remunerated workers in the private sector (48%) received paid maternity leave in 2019.

Remunerated workers in the private sector who make lower than minimum wage:

The number of remunerated workers in the private sector who make lower than minimum wage (ILS1, 450) are around 109,000 workers – 24,300 in the West Bank (who represent approximately 10% of the overall remunerated workers in the private sector in the West Bank) who receive an average monthly salary of ILS1,038, and 84,400 remunerated workers in the Gaza Strip (who represent around 80% of the overall remunerated workers in the private sector in Gaza) who receive an average monthly salary not exceeding ILS700. Hence, the number of remunerated workers who make less than ILS2,000 a month comprise approximately 40% of the overall number of these workers – 23% in the West Bank (at around 59,000 workers) and 83.9% in the Gaza Strip (at around 88,000 remunerated workers in the private sector).

Laborers and the Coronavirus (Covid-19) Pandemic:

Based on the aforementioned data provided by the Palestinian Central Bureau of Statistics, it is expected that several sectors of laborers will be directly impacted in Palestine from the Covid-19 pandemic, namely workers in the informal workforce. The number of facilities operating in the private and civil society sector in Jerusalem totals 4,668. These facilities employ 19,182 workers, according to a comprehensive survey on Jerusalem facilities conducted in 2016. Furthermore, the overall number of facilities working amid the Cabinet’s decision to halt several economic activities was 37,336 of a total 142,400 facilities operating in Palestine, representing 26.2% of these facilities. Under normal circumstances, these facilities employ 105,345 workers, from the overall 424.904 workers in private and civil society facilities in Palestine.

Distribution of these facilities according to geographic area is as follows: those working in the West Bank according to the Cabinet’s decision amount to 24,233 facilities, or 25.4% of the total number of West Bank facilities and which employ 71.-43 workers, or 24.5% of the overall number of workers in the private and civil sector in the West Bank. In the Gaza Strip, the number of facilities in operation is 13,103, or 28% of the total number of facilities in the Gaza Strip, which employ 34,302 workers, representing 25.6% of the total number of workers.

Violations against Palestinian workers inside Israel and the settlements before and during the pandemic:

Palestinian laborers who work inside the Green Line and in settlements have been subjected to all forms of oppression, discrimination and violation of rights even prior to the pandemic, rights enshrined in international agreements and treaties. Israel even violates these workers’ rights stipulated in their own laws and agreements, including bilateral agreements with the Palestinians. Eleven checkpoints have become a torturous daily trip for the workers, most of whom leave their homes before 3:00 a.m. and do not come home before 7:00 p.m. They are forced to queue in long and crowded lines before and while inside the checkpoint before being subjected to humiliating inspections. They must empty their bags, their tools are sometimes confiscated and police dogs are used to search their belongings including their food. They have to stand for hours in the scorching heat or in the bitter cold and take dangerous side roads. Sometimes, they are forced to return home because their employer does not show up or the car that takes them to their workplace fails to arrive.

Furthermore, over 60% of Palestinian laborers work in dangerous sectors such as construction, without the minimum safety requirements on the job. At the same workplace and the same job, Israeli workers are provided with personal protective gear. What’s more, workers are not given training on the job, which puts them at a higher risk of injury, including death.2

Statistics from the Palestinian Labor Ministry and the Palestinian Labor Union Federation in addition to other organizations dealing in workers’ affairs, point to an increase in the number of victims among Palestinian workers in the Israeli labor market. They say the number of casualties in 2019 was 46 workers, citing the illegal circumstances and lack of proper protection for these workers. 3 There are no guarantees against injuries on the job, end-of-service rights or compensation during closures. What’s more, their average salaries are far lower than their Israeli counterparts and they are constantly being exploited by their employers. The workers are also forced to pay mandatory contribution fees to the Labor Union fund in Israel, the “Histadrut” without benefiting from health or social insurance like other members of the fund who hold Israeli citizenship.

During the Coronavirus pandemic, on March 18, the Israeli government allowed a large number of laborers to stay over inside the Green Line, upon preconditions and in coordination with the PA, which demanded that the workers are provided with shelter and protection. It also demanded health care for any worker who contracts Covid-19. However, Israel instead closed all checkpoints separating it from the West Bank and in less than a week, it became apparent that Israeli authorities were not abiding by their agreement with the PA. Laborers had nowhere to stay and were forced to sleep on the ground, in parks and greenhouses. Within that first week, two Palestinian laborers were thrown at the side of the road at the Beit Sira checkpoint after they were suspected of having contracted the virus. This was followed by scores of workers who were forced to return to their homes in the West Bank after their employers canceled the work permits when they could not get back to their workplaces. Once the checkpoints were closed, they were forced to sneak across the Green Line in openings in the separation wall to find work.

Israeli army forces actually turned a blind eye to this, even cutting holes in the security fence for workers to sneak through. Then on April 10, Israeli forces opened water channels and ducts near Qalqilya and four gates in the area between Qalqilya and the village of Habla so that workers could easily cross through. The Ministry of Health later said the number of infected workers had risen to 108, or 31.4% of all infections, adding that another 120 contacts had also become infected, or 34.9% of the total number of Covid-19 cases in Palestine.

In regards to settlements, it should be reiterated that all settlements in the occupied Palestinian territories are illegal and illegitimate according to international law and are considered a war crime according to Article 8 of the ICC’s Rome Statute. Israel has established hundreds of illegal settlements in the Palestinian territories and dozens of industrial zones on the border with the Palestinian territories where thousands of Palestinian laborers are forced to work and are subjected to a multitude of violations and risks. Most importantly, they are exploited in terms of pay by their contractors and employers who force them to work long hours and only record the minimum number of work days for them. These workers are constantly exposed to dangers such as poisonous insecticides and other chemicals and are not paid for days taken off for injuries. When they are laid off, their Israeli employers evade granting them workers’ rights even if they were injured on the job. Even children and women are forced to work at dangerous jobs in substandard conditions.

Anyone following the course of the Coronavirus epidemic in Palestine will note the vast difference in numbers of Palestinian laborers working inside the Green Line or in settlements before and after the outbreak began. This points to Israel’s failure to provide sound preventative measures and standards for them. On the contrary, Israeli authorities pay these laborers’ little if any attention in regards to their health. If one of them is suspected to have contracted Covid-19, they are not provided with even the minimum level of medical care and thrown back over the checkpoint to the West Bank.

There is no doubt that Israel’s policies towards Palestinian laborers whether before the pandemic or during, are policies that contravene with international law and conventions, which guarantee equality and non-discrimination in rights between laborers, even foreign laborers. Laws necessitate that all workers are treated with dignity, that they are provided with the necessary health insurance if they fall sick and that they work under safe conditions. Israel’s actions towards workers do not meet the minimum ceiling of international standards in this regard.

International law has enshrined workers’ rights within several international agreements and treaties including the International Declaration of Human Rights, the Fourth Geneva Convention and International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families in 1990. According to Article 2 of this convention, a migrant worker is: “a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which he or she is not a national.”

During the state of emergency declared in Israel, especially after the rising number of Covid-19 cases among its population, Palestinian workers found themselves before two options: either to stay home and therefore stay safe or maintain their source of income and livelihood for their families by venturing inside Israel where the virus has taken hold. Thousands of workers found themselves between a rock and a hard place after Prime Minister Mohammed Shtayeh gave them three days to enter Israel for work if they chose so, before the borders would be closed and they would be prevented from crossing over.

The geographic movement of Palestinian labor from their national region to areas inside the Green Line necessitates the application of the special reference of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, passed in the UN General Assembly on December 18, 1990. This is a treaty that cannot be read in isolation of other international treaties including all UN treaties pertaining to human rights such as the International Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the Convention on the Elimination of all Forms of Racial Discrimination, in addition to the Fourth Geneva Convention on the protection of civilians.

These references take into consideration the basic characteristics that distinguish laborers moving from one district to another and who have rights based on the principle of equality between them and what the governments of each respective region offers its own laborers. They also recommended that positive arrangements be made for this sector and their family members given the repercussions of migration -- forced crossing; that is the escalated impacts during emergencies such as natural disasters or epidemics. Based on these references and in light of the state of emergency declared inside the Green Line and the spread of Covid-19, the parties involved in the labor market, including official authorities and employers should abide by the application of these references and recommendations without exception. These are the minimum requirements and measures that must be taken into consideration. Furthermore, the state of emergency and epidemic should not be an excuse for these parties to infringe on the labor rights of migrant Palestinian workers, whether in terms of pay, working hours, vacation days, personal safety restrictions or insurances.

Should this situation impose exceptional restrictions on these rights, according to law, these restrictions must be only as much as they do not infringe on workers’ human dignity and are no less than the measures applied to Israel’s nationals, which must also take into consideration the guarantees in the Fourth Geneva Convention regarding the protection of civilians – migrant workers from an occupied district . This means the need for necessary measures to be taken to protect their physical and psychological safety in light of the direct and indirect impacts that could accompany the state of emergency and the spread of the epidemic, whether by authorities, individuals or official organizations. This is especially relevant since the laborers are being forced to remain in substandard living conditions. Israeli authorities are thus required to provide an appropriate living environment that preserves their human dignity and respects their rights in accordance with the appropriate response to the pandemic.

In this context, the general recommendations of the International Labor Organization on the situation of the labor force during the Covid-19 pandemic should be pointed to. The recommendations called on all countries to adopt three policies that support the personal health of workers, especially migrant workers, and guarantee their full rights. They also obligate countries to balance between the competing interests of the workers and employers.

It is clear that Israeli occupation authorities have not respected any of their responsibilities as an occupying power towards Palestinians working in settlements, based on the aforementioned and according to the Fourth Geneva Convention of 1949 pertaining to the protection of civilians under occupation, stipulated in Article 39. This includes the stipulation that, “Protected persons who, as a result of the war, have lost their gainful employment, shall be granted the opportunity to find paid employment. That opportunity shall, subject to security considerations and to the provisions of Article 40, be equal to that enjoyed by the nationals of the Power in whose territory they are.” Article 40 of the same convention says that, “Protected persons may be compelled to work only to the same extent as nationals of the Party to the conflict in whose territory they are.”

Furthermore, Israeli occupation authorities have not honored their international responsibilities towards Palestinian laborers working inside the Green Line. International human rights treaties guarantee overall protection of these workers’ right to equality, non-discrimination and to be treated with dignity and humanity. This is in addition to the application of international treaties, namely those pertaining to the rights of migrant workers who work in a country of which they are not nationals regarding rights that guarantee equal pay, health care, medical insurance, work leave and other workers’ rights. In this case, they must enjoy equal rights like Israeli nationals in accordance with Article 7 and Article 25 of the Convention. The same applies to social security -- Article 27 and Article 9, which necessitates the protection of their lives, and Article 16, which guarantees their right to personal safety in addition to Article 28 that obligates the foreign country in which they work to provide full medical care on equal ground with the country’s nationals without discrimination.

Israeli occupation authorities have inhumanely treated Palestinian workers before the Coronavirus pandemic much less during it. They are not testing workers, securing preventative measures or offering them the necessary treatment, which are all measures the ILO has necessitated countries to provide in order to safeguard the health of workers and guarantee a healthy workplace for them amid the pandemic. Countries are obligated to provide all means of protection including clothing, sanitizers and other means at the workplace in addition to full health care. They are also required to follow the guidebook of public safety measures compiled by the ILO entitled “An employer's guide on managing your workplace during COVID-19”.

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Israeli occupation authorities have always implemented a dangerous policy of house arrest against Jerusalemite children in a bid to strip them of their sense of security, safety and mental stability. This is a policy that not only burdens children mentally but also creates financial and economic burdens on their families. What’s more, it deprives them of their right to education and to exercising their normal, everyday lives like any other children, resulting in accumulated psycho-social pressures on the family. Of course, this policy is not only limited to children but applies to many of Jerusalem’s Palestinian residents. Even officials such as Governor Adnan Gheith have been put under house arrest several times. However, children are the broadest sector affected by this policy.

Usually, Israeli authorities use this policy against children under the age of 18 and focus mostly on those under 14. This is because Israeli law does not allow children to be imprisoned under the age of 14. Instead, they place them under house arrest throughout the course of the trial, which is often very lengthy, until they come of age and can then be given an actual prison sentence. What’s more, the period of their house arrest is not retroactively included in the sentence, even if it lasts for years. According to statistics from the Prisoner Affairs Commission, there were 120 Jerusalemite children placed under house arrest in 2019, 90 children in 2018, 95 in 2017, 78 in 2016 and 60 in 2015.

Furthermore, at the domestic level, this is considered collective punishment against all family members and creates psychological barriers between children and their parents. This is because Israeli authorities make parents the legally responsible party for ensuring that their children remain at home, which means they must prevent them from leaving even if by force. If the child does leave the home, the parents are then obligated by law to inform the authorities or be held legally accountable and made to pay hefty fines. The court makes the parent sign a bond to guarantee that their child does not violate the house arrest order. In some cases, the court stipulates that the order must be carried out in a home outside of their place of residence, which means families are often forced to rent a house someplace else, thus creating even more financial burden on them. The sentence is also sometimes carried out in the home of a relative, which if prolonged, puts additional burden on the relative’s family as well.

“During the year and a half my son was under house arrest, he was under tremendous psychological strain. He tried to commit suicide three times and lived in constant fear. He also developed a sleeping disorder during this period. I suffered as well. Throughout this year and a half, I had to go with my son to meet his correctional officer every Wednesday and he would question him every time. I also went with him to court twice a month, where we spent several hours each time. I was in the house the whole time, which meant I took care of him and made sure he did not leave. I was completely separated from the outside world and my relationships with others suffered. I was imprisoned along with my son. (Maria’s testimony – Shufat Refugee Camp).

House arrest and international law:

Children everywhere are entitled to full human rights stipulated in the UN Charter, the Universal Declaration of Human Rights, the 1989 Convention on the Rights of the Child and all the international treaties and declarations that preceded these. They all confirmed the importance of the welfare of children in particular, such as the Geneva Declaration on the Rights of the Child in 1924 and the Declaration of the Rights of the Child adopted by the UN General Assembly on 20/11/1959. This is recognized in the Universal Declaration of Human Rights, the United Nations International Covenant on Civil and Political Rights (particularly Articles 23 and 24), the International Covenant on Economic, Social and Cultural Rights (particularly Article 10) and in the bylaws and statutes of the relevant agencies and international organizations on children’s rights. In addition, there are the provisions of the Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with special reference to Foster Placement and Adoption, the Beijing Principles on a model law on Juvenile Justice and the Declaration on the Protection of Women and Children in Emergency and Armed Conflict.

International human rights law and international humanitarian law provides ample space for guaranteeing the freedom of children, their protection, security and dignity in addition to guaranteeing they are not attacked and their rights preserved even in armed conflict. This is confirmed in the 1989 Convention on the Rights of the Child, its optional protocol, the Fourth Geneva Convention of 1949 and the additional protocols of 1977. The Convention on the Rights of the Child, Article 37 states: (a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment… (b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time; Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority”.

However, in the case of house arrest, the opposite has happened. In spite of international law, which is in consensus that the arrest of children should be the last resort and for the shortest period of time, occupation authorities have made these arrests the first option in dealing with children, treating them as adults and giving them high sentences. International human rights agreements, specifically the 1989 Convention on the Rights of the Child stressed on the need for legal protection for children and to preserve their lives and dignity in a manner that safeguards their opportunities to live and grow. This is something to which occupation forces give no value. Children are often beaten, humiliated and mistreated from the moment of their arrest and are questioned and interrogated in the absence of a lawyer or their parents, both violations of international law.

After the interrogation and the start of court proceedings, children are detained in their homes as a direct, first option. This could last for prolonged periods of time, sometimes exceeding a year to 18 months during the long drawn-out trial.

What’s more, international law imposes all possible restrictions with the goal of maintaining the child’s freedom even if that child committed a grave offense. Israeli authorities, however, detain children even for minor offenses. This seemingly long-term “soft policy” is a systematic policy aimed at breaking down a child’s character from the get-go.

Furthermore, the experience of house arrest could be repeated in the same child’s life. House arrests are usually imposed during lengthy trial proceedings during which the child is ‘accused’ of carrying out a certain act. That is, house arrest is imposed even when there is no proof he/she carried out the alleged offense. Hence, the child is not “convicted”, as stipulated in international law. Still, while the court proceedings are ongoing, Israeli authorities can place the child under months of house arrest until the final verdict is made. This policy does not take into consideration the mental, health or social state of the child or the family nor of that child’s priorities and best interests regarding his/her right to a normal education. During this period, the family is financially and mentally drained and the child could lose much of his/her education or even drop out of school completely. Such a harsh punishment on children and their families constitutes a threat to their educational and professional future and threatens the family’s stability overall.

Even if the child is eventually sentenced to prison, the period of house arrest is not retroactively included in the overall prison sentence. Many times the period of house arrest is longer than the actual prison sentence. For example, a child may be under house arrest for a year and then be given a sentence of 3-6 months. These are systematic and calculated steps aimed at undermining children’s mental health, their present and their future. This is a huge crime against childhood and is in contravention of all UN conventions and measures pertaining to children.

According to clinical psychologist from the Palestinian Center for Counseling, Murad Amro, “the resistance Jerusalemite children show to going back to school could be one form of rebellion and a cry of helplessness as a result of their ‘inability to feel safe and their failed expectations of being protected. These children are trying to push back against a social system that does not grant them protection.” Amro also maintains that house arrest affects children’s relationships including with their parents. “It leads to anxiety and a feeling of helplessness and also to psychological and behavioral problems and actual physical pain.” He says the experience “impacts their ability to maintain a sense of organization and self-mastery, which are necessary components for psycho-social processes….it causes alterations in familial relations and impacts self-conception and self-respect.” Furthermore, sociology and psychology expert Mohammed Tawil said 85% of Jerusalemite children have suffered psychological disturbances as a result of their detention and house arrest. Tempers and bedwetting were the most prominent symptoms they displayed.

Defense for Children International confirms the clear discrimination of Israeli occupation authorities between dealing with Israeli children “convicted’ of breaking the law and Palestinian children ‘accused’ of the same thing. In the first case, the arrest of an Israeli child is a last resort, while in the second case, arrest is the first. Since 2000 Israeli occupation forces have arrested an estimated 10,000 Palestinian children in the West Bank . As of December 2017, there were approximately 350 Palestinian children being held in Israeli prisons and detention centers, including Ofer and Megiddo. In 2018, DCI documented 120 cases of Palestinian children detained in the West Bank. Over half of these children stated that they had been verbally mistreated, threatened, humiliated or intimidated while 75% said they were physically attacked during the period of detention. Furthermore, Israeli forces held 22 children in isolation for a period of 24 hours or more. But the end of December, 2019, 186 Palestinian children between the ages of 14 and 17 had been detained, according to data issued by Israeli prison services.

The overwhelming majority of Palestinian children who are detained by Israeli authorities are held in the Ofer detention center in the West Bank or are illegally transferred to the Megiddo Prison inside the 1948 territories [Israel] . The data collected by DCI shows that Israeli forces verbally abused, humiliated and intimidated two-thirds of these children, who were also not allowed access to legal counsel prior to their questioning. Moreover, only three children had one of their parents present with them.

Case study

Suhaib Al Awar, 14, from the town of Silwan was placed under house arrest in 2012 for a period of 12 months. He spent four months in his grandmother’s home in the town of Jabal Mukkaber, Jerusalem. Throughout this period, he was not allowed to leave the house. His grandmother was required to remain with him at all times if his mother, grandfather or uncle were not present, which paralyzed the household. Everyone was forced to devote part of their time to staying with Suhaib in the home to ensure he did not leave. The family was also made to pay a fine of NIS5000 (US$1300) and a bond of an additional NIS50,000 [US$13,000] which would have to be paid if he violated his house arrest order.

During the 12 months he was under house arrest, Suhaib was not allowed to go to school except to sit for his final exams, on condition that his mother accompanied him. Kholoud Al Araj, Suhaib’s mother, said her son’s house arrest turned the entire family into prison wardens. After it was over, Suhaib spent two years in prison and then another four years for a separate charge with no regard to the time spent under house arrest.

Suhaib is a testament of the harsh punishments meted out against children. His mother recalls that since he turned 13, he has been arrested over 10 times including a 21-month long house arrest order in a separate case.

“The hardest was his third arrest, when he was 14 years old,” his mother says. “Everything was a shock to him: the arrest itself, the interrogation, the marks of abuse and torture on his face and ears, the court sessions. He was placed under house arrest for 12 months but even then, they did not leave him alone. They summoned him to the police station five times for questioning during that period. He could not sleep, neither at night nor during the day because of the psychological pressure he was under. I would get up in the middle of the night and find him wide awake. During this period, our relationship became very strained because I was forced to be his prison warden. His father had to sign papers pledging that if the terms of Suhaib’s house arrest were violated, he would have to pay a fine of NIS50,000.”

Nonetheless, Suhaib remained ambitious and determined to sit for his high school matriculation exams even while in prison, Kholoud says. “He wants to study political science, journalism or law and that he wants to be able to speak freely, without restrictions. I cannot help but worry about his life after he is released from prison, especially in these times. Living in Silwan is like living in a minefield which can explode at any moment. I must stay optimistic…but also careful.”

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“This production is part of “Youth as Human Rights Defenders” project funded by the European Instrument for Human Rights and Democracy- European Union”-

The content of this document does not reflect the official opinion of the European Union. Responsibility for the information and views expressed in the factsheet lies entirely with the authors.

On the 44th anniversary of Land Day, when Palestinians express their loyalty and belonging to their land in the face expulsion and uprooting policies, Israeli occupation authorities continue to expand settlements by confiscating and stealing Palestinian land. This is carried out in a systematic and calculated manner, aimed at changing the geo-demographic nature of the occupied Palestinian territories. Israeli settlement policies in the occupied Palestinian territory are a serious violation of international law and the Fourth Geneva Convention.

After 52 years of military occupation over the West Bank and Gaza Strip including East Jerusalem, Israel’s manipulation of the demography of the Palestinian territories has been evident in the transfer of Israeli civilians to the occupied territory, in violation of international law and the 4th Geneva Convention, which governs the behavior of an occupying power. The number of illegal settlers has exceeded 670,000 in the West Bank in 2018, of which more than 229,000 are living in occupied East Jerusalem.

The settlements with the highest population increase are those in and around East Jerusalem and settlements in the Qalqilia and Salfit districts. Presently, there are more than 445 settler locations on occupied Palestinian territory. These locations include 304 residential settlements and outposts in addition to 94 military bases, 25 Israeli settler industrial zones, and 25 settler tourist and facility sites.

The Settlement enterprise is a project that includes not only the illegal Israeli settlements, but additionally their infrastructure networks, their area of jurisdiction that amounts to 9.3% of the area of the West Bank, the construction of the Annexation Wall that is 714 km in length that isolates 9.4% of the area of the West Bank and most importantly their control of 60% of the area of the West Bank through military declaration orders that deprive Palestinians from investing and using their land. These orders categorize West Bank lands as being closed military areas, firing zone areas, nature reserve areas, no construction areas, land seizure areas, etc. Close to 3 million Palestinians living in the West Bank in 2019 including East Jerusalem are deprived from using land they own because of the settlement enterprise that is continuously growing.

This is over and above the industrial settlements, which have a dangerous impact on the environment and consider Palestinian communities as dumping sites for settlement waste, which has put the lives of Palestinians who live in their vicinity at risk.

The table below illustrates the largest settlements in the West Bank with populations exceeding 10,000 settlers:

Settlement housing units in approved plans and tenders published in 2019:

The planning and construction process in settlements starts with allocation of land for planning followed by construction approval, which is granted by the Israeli “Minister of Defense”. After the plan is approved, it is published and then officially ratified 15 days afterwards. The second phase of the plan includes tenders and bidding. The Israeli Minister of Housing chooses the best bid after which construction begins.

Since the beginning of 2019, a total of 8,337 housing units in settlements were approved with an increase of close to 50% compared to 2018 where 5,618 housing units were approved. In October 2019, plans for 2,342 housing units in settlements were approved by Israeli authorities.

Tenders for housing units announced in 2019 amounted to 1,761 housing units in the West Bank including East Jerusalem.

Settlement Infrastructure:

A well-developed infrastructure road network connects illegal settlements together and connects them with their center of life in Israel proper and aim at shortening the time of a commute for Israeli settlers. The bypass road system was created to allow settlers to bypass Palestinian localities and access for Palestinians to bypass roads are controlled by road gates that were erected at entrances of localities. Two new bypass roads were approved for construction; the Huwwara bypass road of 5.5 km in Nablus Governorate and Al-Aroub bypass road of about 7 km in Bethlehem Governorate where in October 2019 the Israeli Higher Planning Council approved a building permit for the construction of the new Tunnel Road that bypasses Bethlehem. As a consequence more than 800 dunums of private Palestinian land were confiscated for paving the roads. Palestinian localities affected by Huwwara bypass road are Burin, Huwarra, Beita, Awarta, Yasuf, Yatma and A-Sawiya with 406 dunums of their privately owned land being confiscated while Al-Aroub bypass road will affect the localities of Beir Ummar and Halhul with 401 dunums of land being confiscated.

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Israeli occupation authorities have been carrying out a policy of “quiet transfer/silent expulsion” against Jerusalemites through the use of several widespread policies and tools known as long-term ‘soft’ expulsion. In this regard, Israel has created living, economic and housing conditions that make life in the city almost impossible through the employment of long-term strategic policies such as weakening the economic situation, increasing the burdens of everyday living including the high cost of living on residents, imposing taxes and fines and marginalizing Palestinian neighborhoods in zoning and construction plans, therefore confining them to crowded residential areas. They also prohibit Palestinian construction expansion necessary to meet the requirements of their natural growth, do not grant them construction permits, revoke their residency status, demolish their homes and other measures that give Palestinians in Jerusalem no other option than to quietly leave their city. These ongoing policies aimed at expulsion are tantamount to ethnic cleansing on the basis of the national identity of a particular people.

One of the most prominent Israeli policies for the Judiazation of Jerusalem and the expulsion of its Palestinian population is the policy of home demolitions, the objective of which is to empty the city of Palestinians in exchange for widespread settlement expansion and major settlement projects. Based on this, the possibility for Jerusalemites to obtain building permits is close to nothing, especially in light of the lack of spaces for construction in addition to the intentional disregard for Palestinian neighborhoods in the city and their marginalization in any zoning plans. In light of this Israeli policy, which suffocates the Palestinians in Jerusalem, the residents are up against two options only: either they build without a permit and therefore leave themselves vulnerable to exorbitant fines and likely demolition, which they also must foot the bill for, and find their families displaced, or leave the city under these harsh circumstances and live in the West Bank. This, in turn, results in the revocation of their residency rights in Jerusalem and ultimate expulsion from it, which of course is the aspired goal of the occupation. Estimates point to over 100,000 Jerusalemites threatened with displacement because of the threat of their homes being demolished for not having the ‘proper permits”. Furthermore, Israeli occupation authorities demolish the homes of families of Palestinian martyrs as a means of revenge and in contravention with international law given that this falls under the category of collective punishment.

The right to housing and home demolitions according to international law:

According to human rights law, the right to housing is a basic human right without discrimination. In addition, special criteria were developed for suitable housing. As for international humanitarian law, there are restraints on the occupying authority in that it is prevented from making any geographic or demographic changes to the regions under its control. Moreover, the Rome Statute of the Criminal Court includes war crimes, crimes against humanity and crimes of aggression as part of its jurisdictions. The criteria for these crimes include the policy of home demolitions of Jerusalemites.

International human rights law:

The right to suitable housing is a basic human right enshrined in various international agreements and treaties. It is prohibited to infringe on this right especially if it is part of a policy of ethnic cleansing and racial discrimination towards a certain group or if it is in the form of collective punishment. House demolitions constitute a flagrant violation of international human rights treaties and declarations, which guarantee the right of an individual to appropriate housing, in accordance with Article 1/25 of the International Declaration of Human Rights , the International Covenant on Economic, Social and Cultural Rights of 1966 and Article 5/e/3 of the International Convention on the Elimination of All Forms of Racial Discrimination of 1965, which includes the right to housing.

International Humanitarian Law:

House demolitions are a grave violation of the provisions of the 1949 Fourth Geneva Convention

House demolitions are considered in contravention with the provisions of international humanitarian law, in particular the stipulations of the 1949 Fourth Geneva Convention on the protection of civilians during times of war. In accordance with this convention, the policy of house demolitions falls under grave violations and one form of arbitrary measures that lead to the unlawful destruction and confiscation of ownership without any military necessity for this. The demolitions carried out by Israeli occupation authorities in Jerusalem violate Article 53 of the Fourth Geneva Convention which prohibits “any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations”, something which is nonexistent in Jerusalem given that the structures are civilian structures with civilian inhabitants.

Furthermore, Article 33 prohibits the collective punishment of civilian groups protected under the Convention or their punishment for acts they did not commit; also reprisals against protected persons and their property are prohibited.

House demolitions as a war crime

International Criminal Law considers wide-scale house demolitions to be an illegitimate act and a violation of international law. Article 8/2 of the International Criminal Court (ICC) Rome Statute stipulates that the destruction of properties on a large scale without any military necessity to justify this is considered a war crime.

International law experts agree that if grave violations are systematically committed, they constitute war crimes. The ICC adopted an interpretation of each violation mentioned in the text of this article as a war crime and mentioned the components of a war crime and crime against humanity.

House demolitions as a crime against humanity

The policy of house demolitions is considered a crime against humanity given that it is the persecution of the Palestinian civilian population without any military necessity. The ICC Rome Statute specifies the elements of the crime of persecution against a specific group or groups of a population for political, racial, national, ethnic, cultural or religious purposes.

Moreover, it is apparent that the policy of home demolitions adopted by Israel in a punitive and systematic manner against the Palestinian residents of Jerusalem includes all elements of a persecution crime and a crime against humanity. By implementing this policy, the occupation has deprived tens of thousands of Palestinians of their basic rights in a way that contravenes with the provisions and regulations of international law.

House demolitions: facts and figures

The total number of Palestinian homes demolished in Jerusalem alone from 1967 until 2018 was 2,074, resulting in the displacement of 9,492 Palestinians. In 2019, which saw the highest increase in demolitions, as of the end of September, Israeli occupation authorities demolished 140 Palestinian homes, displacing 238 Palestinians. Contrastingly, between 2004-2018, on average, Israeli authorities demolished 54 homes a year, which means the rate of demolitions this year is considered the highest in over 10 years.

The total number of displaced Palestinians in the first four months of 2019 was 193 people, which is higher than the total number of displaced persons in 2018, which were 178 persons. In April of 2019 alone, 63 Palestinian homes and structures were demolished, making this the highest number ever of home demolitions carried out by Israeli authorities in East Jerusalem in one month.

According to OCHA (The United Nations Office for the Coordination of Humanitarian Affairs), the number of affected women from home demolitions in Jerusalem up until the beginning of November 2019 is 78 women and 75 female children and girls.

One of the largest house demolition operations conducted by Israeli occupation authorities was in 2019 and is considered the largest since 1967. This was the mass demolition of citizens’ homes and properties in the Wadi Hommos neighborhood in Sur Baher. On July 22, 2019, Israeli occupation forces demolished an apartment building comprised of 72 apartments. Moreover, the same danger is threatening other areas of Jerusalem, in particular the Bustan neighborhood of Silwan, which includes 100 homes threatened with complete demolition under the pretext of building the “King David Garden.”

The psychosocial impacts on women:

When families are displaced because their homes are demolished, women bear the majority of the burden in restoring stability to the family. Hence, the resulting trauma and sense of violation from the loss of their home is tantamount to rape; women lose their world in the material sense along with their social sense because they are no longer responsible for their household and must live in someone else’s house. In most cases, the families whose homes have been demolished cannot endure the costs of an alternative residence and are forced to move into relatives’ homes. This is due to the fact that the family income must go to paying Israeli court fines and legal fees in addition to the previous cost of construction permits.

Tensions generated by this overcrowding increase because of the fact that the ‘hosted woman” has no control over the household domain and over caring for her husband and children, which undermines her role and status. In many cases, this causes sharp tensions within the family, including domestic violence. The emotional and psychological impact on family members is often painful and the trauma of being stripped of their property could lead to family tensions and the absence of a healthy environment inside the family. Case studies have shown that the eviction from and demolition of homes results in multiple human rights violations on women and children in particular, including the right to education, bearing the burden of the household and health care. Most often, the loss of privacy and safe space results in tremendous pressure within the family, which negatively impacts interfamily relations. In turn, this causes mothers to feel weakened in their role as a source of authority and emotional and financial support for their children. In this regard, one woman, “Suhad” says, “I am always tense; I desperately need a place just for my family, even if it is a small mice-infested room, it would still be fine with us. I want my children to be able to move around as they please and play freely with their toys…I became depressed to the point I could not even eat and this depression affected my husband and children.

These women find themselves feeling anxious and depressed but are still forced to be strong for their families, especially their children. Furthermore, house demolitions leave women scared, anxious and sad. A number of women said their homes had been previously demolished or that they had seen their neighbor’s home demolished and were therefore always worried that their home would be next... Um Mohammed Hamdan, a 60-year old woman from Anata, described her days and nights as “endless” as she waited for the day her second house would be demolished, saying, “This is the first time I have slept in six months. The fear and terror of waiting for them (the army) is worse than the rubble around me right now. The first demolition was at dawn…then they demolished our home again…but at least now I can sleep.”

A meeting was held with a group of Jerusalemite women whose homes had been demolished by Israeli occupation authorities. The women described the day of demolition and the events that preceded it including trials, fines and intimidation by Israeli soldiers. They also spoke about their lives and families after the demolition, including their displacement and emotional anguish. Following are some of the women’s testimonies:

Hanadi Abu Rumouz:

Hanadi Abu Rumouz is a Jerusalemite woman who was expelled along with her family from Beit Hanina after Israeli occupation forces demolished her home on February 22, 2017. Abu Rumouz explained the events of that day: “You feel like they are treating you like a criminal; as if you are committing a crime because you live in Jerusalem.” She continued, “A female soldier went into my daughters’ room and began brushing her hair in front of the mirror while they were sitting and crying. That was so infuriating.” Abu Rumouz went on, “They demolished the dream of a lifetime; they demolished everything: our dreams, our memories and our aspirations. They destroyed our lives and kept demolishing until the last stone. Every time the bulldozer tore down a wall, I felt as if they were tearing out my heart. They were committing a horrible crime and they stood there laughing. After the house was demolished they started shaking hands and congratulating each other, like they finished what they had come for. They cannot be human. I don’t understand how people can sit around laughing and be happy while they see children thrown out in the street.”

Because of the high Israeli fines and the financial burdens the family endured, they were forced to move in with Hanadi’s parents for two years until they could afford to rent a home in the Kufr Aqab region. “We used to have our own house with a little courtyard in the front,” she said. “Today we live like we are in prison because of the [separation] wall, the crowding crisis and the tall buildings. After our home was demolished, I realized how every particle of soil in Jerusalem is precious. Our home was only 10 minutes away from the Aqsa Mosque but now it seems so far away because of the Qalandiya checkpoint and the constant traffic there. They really have isolated us from Jerusalem.”

She then described her and her family’s lives after the demolition: “We were mentally destroyed,” she said. “At first I tried to stay strong and patient for everyone but then I felt myself falling apart.” She continued, “My children were also crushed. Four of my children are still in school in Beit Hanina and Shufat and have to endure the checkpoint every day”. Abu Rumouz also said her oldest son had to take the “Tawjihi” high school matriculation exam the same year their house was demolished. “This was really hard,” she admitted. “How was he supposed to study when his room, his home had been torn down and we had to stay with my parents? He would leave my family’s house in Kufr Aqab every day at 6:00 a.m. so he could get to the exam hall in Jerusalem by 9:00. In spite of these difficult circumstances, he still got 92% on his exam, thank God.”

Regarding the impact of the demolition on her children, Abu Rumouz said: “Even though my son excelled in his Tawjihi exam, we fell into a deep depression afterwards. A lot of people promised him scholarships but unfortunately no one actually gave him one and he missed an entire year [of university].

My son Muhannad is 5-years old. When he plays he sets up his cars like a checkpoint with cars, soldiers and a traffic jam. He gave us a hard time after the demolition; he used to be so afraid of the army whenever he saw them at the checkpoint because he saw how violent they were when they demolished our home.”

Abu Rumouz continued, “The demolition of our home had a huge impact on the children. They changed; they became more aware and started to understand what it means to be displaced and how they have to fight this. They understood what steadfastness and resolve means; that they are not just words we say but positions we must take and the life we lead.”

When asked about the future that awaits her, Abu Rumouz said: “I am a homemaker but I have always wanted to complete my education. However, life and raising my children took up all my time. Then after our home was demolished, I had to help my husband with our everyday expenses and rent, so I started working as a teaching and student assistant.”

She said, “I finished high school and I was a good student, but after I got married I didn’t continue my education. It’s been 21 years since I left school but after the demolition I wished I had gone to university and got my degree so I could get a job. Now I know the value of that. If I had a degree, I would not have left my husband to deal with this alone. I have made the decision to go to college and I will register this year. I want to study psychology; maybe because of the circumstances I have been through I realize how important this subject is. I really needed psychological support after the demolition and now I feel I have a duty to support and counsel others whose homes were demolished because demolitions are exactly like death – they break the stones and you break with them. You find yourself unable to do anything. All security and stability is gone in a second. I will never forget the rake of the bulldozer that demolished our house, how merciless it tore it down. I will never forget how that felt, how the children and women cried. Every time I see a demolition on television, I feel like it happened to me all over again and the painful memories come rushing back. I feel awful for the people whose homes were demolished because I know exactly how they feel. Whenever we hear that someone’s house was demolished, we are all affected. When it happened to us, it was ten times worse of course because it felt as if our whole lives were demolished with our home. That is why financial and psychological support must be given to those affected by this policy.”

Mariam Mahmoud Amayreh:

Mariam is a homemaker who was displaced from her home in Wadi Hommos after the largest demolition operation by Israeli forces since 1967 and which took place on July 22, 2019. The home had taken two years to build and three years in courts to try and save. “No one helped or supported us…we are all alone here,” Amayreh maintained. She said that on the day of the demolition, around five buses carrying some 50 Israeli soldiers each entered the area at around 4:00 a.m. ”We woke to scores of soldiers surrounding the neighborhood,” she said. “They did not even let me in the house to say goodbye. I was in total shock…all those years we worked and saved our money for nothing.” Amayreh also spoke about the large amounts of money they had to pay as fines and for the demolition of their home. They also had back dues for the building itself which they had to pay back. She says they were under a lot of psychological pressure, especially from the financial strain. “We borrowed a lot of money to build our home but now I have to deprive myself and my children of so many things so we can pay back our debts. I can’t help it, but I snap at them a lot.”

Amayreh explained: “For three years we were in courts but then demolished nine buildings, blew them up. All of the homes and buildings were licensed by the PA. We built in Area A so we would not be in this position but they demolished them anyway under the pretext that they were too close to the separation wall and wanted to keep the area secure. The soldiers surrounded the building and prevented us from approaching it. But no matter what they do, this land is our land and we will continue to build on it. If they want to demolish, let them go right ahead because we will just rebuild.”

Shirin Abu Kaff, employee in the Wadi Hommos village council:

“The demolitions in Wadi Hommos resulted in two engagements being cancelled. Because of the courts, the families had to postpone the wedding more than once and then because of the inability to save the house they were planning to live in from demolition, the parties decided that a wedding without a home was impossible. There was also a divorce in the neighborhood. After the demolitions, they said life had become too difficult with all of the pressures and they either took it out on each other or on the children.”

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“This production is part of “Youth as Human Rights Defenders” project funded by the European Instrument for Human Rights and Democracy- European Union”-

The content of this document does not reflect the official opinion of the European Union. Responsibility for the information and views expressed in the factsheet lies entirely with the authors.

Settlement activity refers to the transfer of a civilian population by the occupying power into territory it occupies. Israeli government characterises settlements as localities that consist of more than 20 inhabitants, are self-ruled, are not included in the formal borders of another locality and are formally recognised. The government of Israel commenced in the establishment and expansion of settlements since the occupation of the West Bank (WB), including east Jerusalem (EJ), and the Gaza Strip (GS). The first settlement, Kfar Etzion, was established in 1967 and is located between Jerusalem and Hebron.

Despite their illegality under international law and the continuous reiterations by the international community that settlements pose an obstacle to peace within the framework of the two-state solution, as of 2016, there are 636,452 settlers residing in 257 settlements and outposts in the WB, including in EJ, compared to 238,060 settlers in 1991 on the outset of the Peace Process.

Governorate # of Settlers % # of Settlements[7] Jenin 2,861 0.5 5 Tubas 2,156 0.3 7 Tulkarem 3,326 0.5 3 Nablus 17,741 2.8 12 Qalqiliya 37,769 5.9 8 Salfit 41,143 6.5 13 Ramallah& Bireh 125,061 19.6 26 Jericho and Jordan Valley 6,479 1.0 17 Jerusalem 302,188 47.5 26 Bethlehem 78,365 12.3 13 Hebron 19,363 3.0 20 Total 636,452 100 150

Settlement expansion in the WB including EJ is directly related to land expropriation. Within this framework, 40% of the WB is under the control of settlements. Additionally; with the construction of the Expansion and Annexation Wall, 12% of the land of the WB lies between the Wall and Green Line. On another level, a total of 200 km of bypass roads are constructed in the WB; additionally, the road infrastructure supporting the settlement enterprise take approximately 2.3% of the area of the WB.

In EJ, settlement expansion is, additionally, directly linked to the evacuation of Palestinians from their homes and their forced displacement. The point of divergence between settlement expansion in EJ and the remainder of the WB lies in that settlements are located in the heart of EJ as opposed to being on the outskirts of cities in the remainder of the WB, with the exception of the Old City of Hebron. Settlement construction and expansion in EJ commenced in 1968. As of 2016, there are 220,000 settlers in 12 settlements inside the Wall.

Settlements in east Jerusalem, year of establishment, area of settlement and land established on.

In addition to land expropriation, settlement expansion is directly linked to settler violence. For example, according to the Applied Research Institute- Jerusalem and Land Research Centre- Jerusalem, during 2017, over 5,000 dunums of land were confiscated, with another 1,338 dunums under threat of confiscation. During the same period, 8,139 trees were uprooted and 527 settler attacks were documented. With respect to water, more than 70% of the Palestinian communities in area “C” are not connected to the water network and rely on tinkered water. Despite the recommendation of the World Health Organisation of water consumption of 100 litters/ capita/ day, the average consumption in area “C” stands as low as 20 litters/ capita/ day, and 73 litters/ capita/ day across the remainder of the WB, compared to an average consumption of 369 litters/ capita/ day for settlers. This infringes in multiple manners on enjoyment of human rights, including the reverberations of denial of access to resources/services, as well as rights to human security, bodily integrity, work, education and healthcare, among others.

This factsheet seeks to lay out the legal framework illegalising and criminalising settlement activity as well as provide an overview of the historical development of the settlement enterprise in Palestine and tracks the increase in the number of settlements and settlers in the occupied Palestinian territory.

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