Joint UN Strategy for Hebron Final Version, 2016 Table of Contents 1. Overview 2. Introduction 3. A Human Rights Based Approach and a UN Programmatic Response 4. Strategy Formulation Process and Complementarity with other Actors 5. Who are the Rights-Holders? 6. Who are the Duty Bearers? 7. Which Rights Are Not Respected, Protected and Fulfilled in Hebron? 7.2 The Right to Health 7.3 The Right to Adequate Standard of Living 7.4 The Right to Adequate Housing 7.5 The Right to Life, Liberty and Security of Person 7.6 Children’s Right to Protection 8. Programmatic Framework – Coordination and Implementation 2 1. Overview The purpose of this Strategy is to define a joint UN response to persistent challenging development conditions, and violence in Hebron Governorate. Within the broader scope of support for Hebron being undertaken by the Government of the State of Palestine, civil society, the private sector and other actors, the Strategy defines a UN response focused specifically on the need to respect, protect and fulfill the Human Rights of the most vulnerable and disadvantaged populations living in Hebron Governorate, namely women, youth and children. While the geographical scope of the Strategy is the entire Governorate inclusive of the municipalities, cities, towns, villages and refugee camps, a specific emphasis is placed on H2 and Area C given the vulnerabilities and disadvantages that the populations residing in these areas face in regards to the fulfillment of their rights; this prioritization has also been driven by the fact that the continued occupation by Israel in Area C and existence of the settlements within the borders of the Hebron Governorate and Hebron City specifically are significant primary obstacles for the fulfillment of human rights for Palestinians residing in these areas. The Strategy has a three year timespan, with proposed project interventions divided into short term (12 months and less) and medium term (13-36 months). A Human Rights Based Approach has been applied to facilitate understanding of the root causes of vulnerabilities and disadvantages for Palestinians living in Hebron with specific focus on the rights to education, health, adequate standard of living, adequate housing, the right to life, liberty and security of person, and children’s right to protection. 2. Introduction Hebron is the largest Governorate in the West Bank in terms of area (997 km2), population (7291391 people, approximately 23% of the West Bank population), and economic activity (17,661 active businesses, comprising 18%2 of the West Bank’s total). In contrast, Hebron also has the highest poverty rate in the West Bank (not including refugee camps) with 32.5% of its population classified as poor compared to an average of 18%3 and 22% of households are either severely or moderately food insecure, compared to the West Bank average of 16%.4 Hebron’s population is predominantly urban, with approximately 622,200 people (85.35% of total) living in urban areas, 87,844 (12.04%) in rural areas and 19,129 (2.6%) in in Arroub and Fawwar refugee camps.5 Population growth is centered in urban areas, which are growing by approximately 20,000 persons per year.6 The obstacles to fully harnessing the potential of Hebron are first and foremost political in nature - primarily resulting from the continued occupation - and require significant policy changes by Israel, in line with previous agreements - including the Oslo Accords - that would strengthen Palestinian institutions, economic prospects, and security for Israelis and Palestinians alike. For example, Hebron provides a potent example of how settlements and settlement-related activities are an obstacle to peace. Hebron is the only Palestinian city with settlements 1 PCBS Localities in Hebron Governorate by Type of Locality and Population Estimates, 2007-2016. Available online: http://www.pcbs.gov.ps/Portals/_Rainbow/Documents/hebrn.htm 2 Governorate of Hebron 3 Palestinian Central Bureau of Statistics, 2011. Hebron Governorate Statistical Yearbook (3). 4 SEFSec Survey 2014. Unpublished data. 5 Palestinian Central Bureau of Statistics (2011). http://www.pcbs.gov.ps/Portals/_Rainbow/Documents/hebrn.htm 6 Ibid. 3 within the urban area, as per the special temporary arrangements were agreed under the Oslo accords. The lack of progress in the peace process is thus all the more felt where Palestinians and settlers live side-by-side. The Governorate has been divided into Areas A, B and C since the Oslo accords of 1995. Approximately 67,850 Palestinians (11% of Hebron governorate population) live in Area C of Hebron, which also includes 51.1% of the agricultural land,7 with limited access to basic services and adequate housing. Israel retains full control over security8 and also controls planning and construction in these areas. Building schools, hospitals, and Water and Sanitation infrastructure is subject to a permit regime that requires approval from Israeli authorities. It has proven very difficult for Palestinians in Area C to get spatial plans approved and obtain Israeli building permits for construction of homes, businesses and public infrastructure resulting in them often building without the permits. Consequently demolition orders are frequently issued and executed. Palestinians living in the military declared Firing Zone 918 Masafer Yatta in South Hebron Hills are particularly at risk of property demolition and eviction from the area. 7 UNCTAD (2015), The Besieged Palestinian Agricultural Sector. Available online: http://unctad.org/en/PublicationsLibrary/gdsapp2015d1_en.pdf **** as per the special temporary arrangements were agreed under the Oslo accords 8 OCHA (2016), Vulnerability Profile of Palestinian Communities in Area C. Available online: http://www.ochaopt.org/vpp.aspx 4 The city of Hebron - the largest in the Governorate (200,000 inhabitants with nearly a one-third refugees) and second largest in the West Bank - is the heart of the Palestinian economy and is considered by many as the industrial and commercial engine of Palestine. Annual exports to Israel from Hebron City amount to over USD 240 million despite the numerous restrictions in place. Even so, its vast potential for growth is evident. The main economic sectors in Hebron are stones and marble, footwear, leather, handicrafts (ceramics), food processing, and agriculture. The Governorate of Hebron alone accounted for 33 percent of field crops grown in the oPt in 2011. 9 In 2013, Hebron also had the highest number of ruminants accounting for 25.2 and 21 percent of the total sheep and goats in the oPt respectively. 10 However, the Hebron economy currently operates below its potential, 9 UNCTAD (2015), The Besieged Palestinian Agricultural Sector. Available online: http://unctad.org/en/PublicationsLibrary/gdsapp2015d1_en.pdf 10 PCBS (2013) Palestinian Central Bureau of Statistics (PCBS) Announces the main results for Livestock Survey, 2013. Available online: http://www.pcbs.gov.ps/site/512/default.aspx?tabID=512&lang=en&ItemID=1073&mid=3171&wversion=Staging 5 due to restrictions in access and to structural problems such as outdated manufacturing techniques, traditional business models. The city’s continued development is integral to the economic viability of a future Palestinian state. The city is divided into H1 and H2 under the 1997 Hebron Protocol. H1 covers approximately 80 per cent of the city and is under Palestinian civil and security control. H2 is under Israeli military control and Palestinian civil control.11 H2 is surrounded with checkpoints, roadblocks and military barriers that cut off or severely restrict Palestine’s use of roads leading to other parts of the city in H 1 and even to other parts of H2 such as the only industrial zone known as “Al Fahs” area. 12 These restrictions are also negatively affecting tourism sector development by deterring and limiting tourists visits to touristic attractions such as the Museum of Hebron, the old historic buildings, and in particular the Ibrahimi Mosque, the shrines of prophets and righteous people in Hebron.13 Approximately 40,000 Palestinians (20% of the total population of Hebron City) reside in H2. There are four Israeli settlements in H2 inside the city with approximately 50014 settlers in addition to a couple of thousands Israeli security forces. The presence of the Israeli settlements inside the city and the segregation of roads15 have imposed severe restrictions on Palestinian movement and restricted access to education, health services and water supply, leading to the closure of businesses and abandonment of houses and therefore the displacement of the inhabitants of H2 area. Over the last decade hundreds of shops located in the Israeli controlled H2 area have been shut down either by military order or due to lack of business. The economic impact of the escalation in violence in and around Hebron since October 2015 has been severe for the entire district.16 The map on the following page illustrates the current status of the city in regards to H1 and H2, settlements, and other factors. 11 Para. 4a Guidelines for Hebron (Art. VII of Annex I of the Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip (Oslo II Accord) of 28 September 1995); Para. 2 Hebron Protocol (Protocol concerning the Redeployment in Hebron of 17 January 1997) 12 Applied Research Institute Jerusalem (ARIJ); Geopolitical Status in Hebron Governorate – December 2006, http://www.arij.org/files/admin/2006-1_Geopolitical_Status_in_Hebron_Governorate.pdf. This disconnection and the inability of the PA to exercise control in the area is challenging the ability to regulate the stone industry, control the environmental impact and collect fees from those stone factories. 13 Chamber of Commerce and Industry in Hebron available at: http://www.hebroncci.org/en/index.php?option=com_content&view=article&id=1646&Itemid=164 14 Temporary International Presence in Hebron (TIPH), Hebron Settlements available online at: http://www.tiph.org/en/About_Hebron/Hebron_today/Settlements/ 15 Such as Al Shuhada, Tal Rumeida and Al Sahla; 16 OCHA (2015), Humanitarian Bulletin occupied Palestinian territory December 2015: P.