A. Building in the Arab sector:
A central allegation against Israel deals with the gap in construction for Jews and for Arabs in Jerusalem. It is worth noting that:
1. Part of the difficulties in development and building for the Arab sector arise, from a culture-gap and differences in approach to the issue of development as well as political problems inherent in the situation.
2. The Palestinians refrain from requesting building permits since they regard this as recognition, in effect, of Israeli sovereignty over Jerusalem.
3. Submitting an application for a building permit requires the payment of a municipal registration fee and tax. The Arabs prefer to avoid paying the registration fee and to risk having the building demolished at the municipality's expense, especially as this sometimes results in a political gain.
4. A large portion of the Arab residents of Jerusalem tend to build lowrise, scattered village housing; and in most cases, the residents themselves oppose changing the rural character of their environment.
5. Because of the configuration of the ownership of the plots in the area, it is difficult to plan and develop without expropriating land from private owners. Such orders carry a heavy political price.
6. The potential areas available for building and development for the Arab residents are in the hands of a small number of landowners who are not happy to share their plots with the general public, not even for economic profit. They prefer to divide up the land among their family members. In this case, too, only by expropriation can building and development proceed in the area for the general population.
7. The absence of suitable infrastructure and the rural nature of the area, as well as the limited amount available for building, added to the difficulty of expropriation for public purposes, inhibit development and construction for the Arabs. At the same time, there is a potential for building about 15,000 housing units in the concentrated Arab population zones in Jerusalem.
8. The needs of the Arab sector amount to about 1,000 housing units a year, so the existing potential will answer those needs until about the year 2010.
9. The zoning master plans in the Arab sector were almost all approved and the Arab population was involved in the approval of the plans (for example, in meeting their requests for low buildings).
10. Parallel with approving the building plan for Har Homa, the government announced its intention to building 3,015 housing units in the Arab sector, as follows: Beit Safafa, 450; Arab As-Suwahra, 500; Jebel Mukaber, 75; Abu Tor, 70; Silwan, 130; Ras Al-Amud, 620; Ash-Sheikh, 480; As-Suwani, 70; A-Tor, 120 Issawiya, 500. The development cost will be $42.5 million.
11. As mentioned, one problem in building housing units for the Arab population of Jerusalem, and in general, arises from the concentration of land in the hands of individual owners (clans or families) and the difficulty this causes in estimating the actual building which is to take place including the extent that central infrastructure will need to be provided.
12. In addition to all these factors, the Prime Minister announced the establishment of an Arab neighborhood on Har Homa "B", an area southeast of Har Homa, within the boundaries of the Jerusalem municipality. Ownership of the land is private or non-registered, in a zone which is unplanned. Building would require expropriation. It is planned to be an Arab neighborhood numbering 2,500 housing units.
13. In summarizing these facts, it is worth noting that the allegation that Israel is building on Arab land is linked to a political view, not necessarily to proven ownership of the land. Thus, for example, the fact that on Har Homa 76 percent of the land was expropriated from Jewish owners did not convince anyone of our right to build there (Har Homa having been a Jordanian outpost until 1967). The Arabs refer to lands beyond the Green Line, whether it is state-owned (public domain) or private or unregistered, as sovereign Arab territory.
B. Developing infrastructure in eastern Jerusalem.
1. The government, at the recommendation of the ministerial committee for Jerusalem affairs, decided to allocate over the coming four years the sum of 130-million New Shekels (approximately 40 million Dollars) annually to improve the infrastructure in the eastern part of the city. The Mayor has repeatedly declared that if we wish our right to sovereignty over a unified Jerusalem to be recognized and respected, we have the moral duty to be concerned about Jerusalem's population without bias and to provide an equal level of services for all parts of the city.
C. Demolishing Domiciles and Orders to Cease Work.
1. One allegation asserts that Israel has discriminated against the Arab residents in Jerusalem in all aspects concerning building. The following facts show a different picture:
| |
|
Demolition Orders |
Cease-Work Orders |
| |
| Year |
East Jerusalem |
West Jerusalem |
East Jerusalem |
West Jerusalem |
| |
| 1993 (submitted) |
19 |
17 |
29 |
198 |
Enforced:
(including 1992) |
11 |
22 |
|
|
| |
| 1994 (submitted) |
10 |
23 |
25 |
186 |
| Enforced: |
4 |
7 |
|
|
| |
| 1995 (submitted) |
80 |
23 |
9 |
229 |
| Enforced: |
10 |
14 |
|
|
| |
| 1996 (submitted) |
37 |
39 |
35 |
188 |
| Enforced: |
4 |
8 |
|
|
| |
| 1997 (submitted) |
9 |
3 |
43 |
62 |
| Enforced: |
0 |
3 |
|
|
| |
| TOTAL SUBMITTED |
155 |
105 |
132 |
863 |
| Enforced: |
28 |
51 |
|
|
| |
|
The data show categorically the absence of bias, and the enforcement of the building ordinances in both Eastern and Western Jerusalem in an equal manner. Orders to cease work are issued by the courts, while administrative orders to demolish are issued by the Mayor. Some of the demolitions are carried out by the lawbreakers themselves, some reach judicial hearings, and ultimately the demolitions are enforced.
2. The Ministry of the Interior also maintains a department for law-enforcement, not connected with the Municipality's activities, and concentrating on Eastern Jerusalem. Following are data from the Ministry:
| |
| Year |
Submitted |
Enforced |
| |
| 1993 |
3 |
9 (from 1992) |
| |
| 1994 |
42 |
13 |
| |
| 1995 |
23 |
9 |
| |
| 1996 |
26 |
11 |
| |
| 1997 |
6 |
0 |
| |
| TOTALS |
100 |
42 |
| |