On 7 February 2002, JCSER sent the following letter to the Ministers of Foreign Affairs of the European Union countries. The aim of the letter is to focus attention on the increasing numbers of homes that get demolished in the Palestinian neighborhoods of East Jerusalem and to ask the EU countries to take effective measures during the coming EU meeting to stop the policy of home demolition and to oblige Israel to respect human rights.

Jerusalem, 7 February 2002

Dear Minister of Foreign Affairs,

On 8 and 9 February 2002, foreign ministers of the European Union will informally meet in Spain to discuss among other items, the situation in the Middle East. Indeed, as the European Council concluded last month, "the situation in the Middle East is at a critical moment."

This week alone, the Jerusalem municipality demolished five Palestinian homes in East Jerusalem. Already a total of 17 buildings have been demolished in East Jerusalem since the beginning of this year.

There is nothing that suggests that this practice will change. On the contrary, it will most probably increase. On February 5, 2002, Jerusalem Mayor Ehud Olmert said that the city’s authority intends to destroy unlicensed houses in East Jerusalem "every week." He also said that the Palestinian Authority or PA-linked figures are responsible for encouraging the illegal construction, and that the houses were built in order to undermine Israeli sovereignty in Jerusalem.

However, according to data obtained from the West Jerusalem Municipality itself, there are some 6,061 buildings in West Jerusalem built illegally in 2001. It claimed that it took legal action against 760 cases in West. Eight of those received civil orders for demolition, while seven demolitions were indeed carried out. These include four tents, one kiosk and two buildings, which were built on a cemetery.

In East Jerusalem 1,117 buildings were built illegally in 2001 say official Municipal figures. It undertook legal procedures against 270 cases. 68 civil orders were sent to demolish, while the Municipality demolished 32 houses in East Jerusalem in 2001.

These figures show a clear discrimination, but do not even give the complete picture of discrimination in the Israeli housing policy. In the West Bank and East Jerusalem, most house demolitions are carried out because the homes are built without a permit and are therefore considered as "illegal". Under the current Israeli policy of permits' attribution, it remains virtually impossible for the Palestinians to obtain such as permit. The system is constructed in a way that the Palestinian will necessarily end up constructing houses without permits, facing risks of eviction and demolitions. While construction for Palestinians is restricted to a minimum, the confiscation of Palestinian land and the illegal construction of Jewish settlements in the Occupied Palestinian Territories, including East Jerusalem, continues on a large scale despite international condemnation.

Repeatedly, the European Union has expressed its concern with human rights and other international law violations, including the increasing recourse to house demolitions, which "are unacceptable and contrary to the rule of law."

The main instrument that promotes bilateral relations between the European Union and Israel is the Association Agreement. The European Union has stressed the great importance it attaches to "the correct application of all the provisions of the association agreement" and has always recognized "Israel's legitimate security concerns" but stressed that it must be addressed "with full respect for human rights and within the framework of the rule of law, in accordance with Article 2 of [the] Euro-Mediterranean Agreement", which states that "relations between the Parties, as well as all the provisions of the Agreement itself, shall be based on respect for human rights and democratic principles, which guides their internal and international policy and constitutes an essential element of this Agreement."

The Jerusalem Centre for Social and Economic Rights, as well as, other Palestinian, Israel and international human rights organisations have expressed their concern about continuing and increasing human rights violations, including recourse to house demolitions.

Any durable settlement relies on a de facto situation in which international law is respected, international agreements are enforced and third party guarantors can be relied upon to perform their role effectively. The European Union must start by demonstrating their practical commitment to enforcing the body of law that already applies.