Ref: 13/2012

On Tuesday, 07 February 2012, a delegation from
the Palestinian Center for Human Rights (PCHR) participated in the meeting with
the UN Special Rapporteur on the right to adequate housing, Raquel Rolnik.  Representatives of human rights organizations
and women’s rights organizations participated in the meeting as well.  PCHR’s delegation was comprised of: Khalil
Shaheen, Director of PCHR’s Economic and Social Rights Unit; Dr. Fadel
al-Mzeini, a researcher in PCHR’s Economic and Social Rights Unit; and Mohammed
al-‘Alami, a lawyer in PCHR’s Legal Aid Unit.

PCHR’s delegation welcomed Ms. Rolink and hoped
that her visit to the occupied Palestinian territory (oPt) would provide
support to the application of the right to adequate housing in the Gaza Strip
and would alleviate the suffering of thousands of Palestinians in the Gaza
Strip, who suffer due to denial of their right to adequate housing.

The delegation also presented the Israeli
violations practiced against the civilians’ right to adequate housing in the
Gaza Strip.  They presented
recommendations to the UN Special Rapporteur, hoping that these recommendations
would be included in the special report on the right to adequate housing
prepared by her in the context of her visit. 

Khalil Shaheen spoke about the housing crisis
in the Gaza Strip, explaining that the Israeli occupation is responsible for
that crisis due to the ongoing Israeli closure and banning the entry of raw
materials, especially construction materials, into Gaza.  Shaheen called for changing the mechanism
adopted by international organizations that are responsible for offering
housing units to specific sectors in the Gaza Strip, and to look for
alternatives to put an end to the crisis afflicting hundreds of homeless
families for 8 years.  These houses were
demolished by the Israeli Occupation Forces (IOF) in the repeated incursions,
or were demolished to be rebuilt because they were inadequate.  The 5-year Israeli-imposed closure has
prevented the entry of construction materials and subsequently prevented
rebuilding these houses.

Dr. Fadel al-Mzeini pointed out that banning
the reconstruction of Gaza constitutes a grave violation of the civilians’
right to adequate housing and has resulted in continued suffering of civilians
whose houses were demolished by IOF. 
Al-Mzeini stressed that the international community is also responsible
for hindering the reconstruction of the Gaza Strip, pointing out that the
results of the meeting of the international donors and their promises to offer
donations for the reconstruction of the Gaza Strip in Sharm al-Sheikh
Conference in March 2009 were disappointing. 
The international donors did not set a timetable to start the
reconstruction of Gaza, but left it open until IOF open the border crossings to
allow the entry of raw materials

for the reconstruction with disregard for the
suffering of civilians living under hard conditions.  Besides, the donors did not hold Israel
responsible for the destruction that took place in the Gaza Strip, and did not
set guarantees to ensure the non-recurrence of what had happened.  This means that obstacles have still been
hindering the reconstruction of the Gaza Strip.

Lawyer Mohammed al-‘Alami highlighted the role
played by PCHR to offer legal aid services to victims of the violations of the
right to housing.  The services include
complaints and correspondences related to the destruction and robbery of
victims’ property by IOF, in addition to filing cases before the Israeli courts
of various degrees.  He also addressed
the obstacles facing PCHR’s lawyers when filing complaints due to the amendment
of the Tort Law of 1952.  After amendment,
the law stipulated that the victims must send a written notice to the compensation
officer of the Israeli Ministry of Defense within 60 days from the date on
which the incident took place in order for the victims’ right to access
judicial remedy not to be denied. 
Additionally, under this law, the case must be filed before the Israeli
courts within two years from the date of the crime.  Al-‘Alami also highlighted the financial
obstacles represented in the fees imposed by the Israeli courts, pointing out
that the fees place extra burden on the Palestinian victims in the event they
refer to the Israeli judiciary.

At the end of the meeting, PCHR’s delegation
hoped that this visit would contribute to the alleviation of the civilians
suffering in the Gaza Strip, as such suffering increases due to denying their
right to adequate housing.