Planning Survey and Directions for Planning and Development in Jabel Mukaber ’Arab as-Sawahra

Planning Survey and Directions for Planning and Development in Jabel Mukaber ’Arab as-Sawahra

December 2008 Author: Efrat Cohen-Bar

Research: Efrat Cohen-Bar, Jamila Shkeir

Field work: Jamila Shkeir

Counseling and coordination: Rassem Abeidat

Maps: Nava Sheer

Cover photo: View of Jabel Mukaber ’Arab as-Sawahra. Photograph: Efrat Cohen-Bar

Graphic Design: Naama Shahar

Translation: Tamar Bash

Bimkom – Planners for Planning Rights is an Israeli NGO established in 1999 by planners and architects with the vision of strengthening the connection between the planning systems and human rights. Bimkom is using professional tools in order to promote equality and social justice in planning, development and allocation of land resources. Bimkom asssits communities disadvantaged by economic, social or civil circumstances to exercise their planning rights.

Azza 36 st., , 92382. Tel: 02-5669655 Fax: 02-5660551 e-mail: [email protected] http://www.bimkom.org

© All Rights reserved to BIMKOM - Planners for Planning Rights Content A. Background...... 1 B. Goals and Objectives...... 5 1. Legalizing homes built without permits and promoting a plan that would allow new construction to take place...... 6 2. Planning that is socially and culturally compatible...... 6 3. Expropriating land for public needs in a manner acceptable to the residents...... 7 4. Regulating the transition from rural to urban neighborhood...... 7 5. Developing public spaces in the neighborhood...... 8 C. The Principal Planning and Development Problems in the Neighborhood...... 9 1. Problems in Jabel Mukaber ’Arab as-Sawahra’s plans that render them inapplicable:...... 9 2. Problematic Procedures and Administrative Restrictions...... 10 3. Problems regarding public infrastructure...... 13 D. Directions for Planning and Development...... 15 1. Neighborhood Structure: Division into Sub-Neighborhoods...... 15 2. Public Buildings...... 24 3. Roads...... 35 4. Open Public Spaces...... 39 5. Agriculture...... 41 6. Commerce and Employment...... 41 7. Infrastructure...... 43 8. The Separation Barrier...... 44 9. The Existing Large Green Space East of the American Road...... 46 E. Summary and Conclusions...... 49 List of Tables

Table 1: Population by age and statistical area, 2006...... 20 Table 2: Population living in Statistical Areas 821 and 822, and one-fifth of the population in Statistical Areas 812 and 816, 2006...... 20 Table 3: Population of Jabel Mukaber ’Arab as-Sawahra in 2006 and projected demographic growth through 2030, by age group...... 22 Table 4: Number of existing, needed and missing classrooms by year and age group...... 26 Table 5: Lot areas required for educational institutions, 2008-2030...... 27 Table 6: Program for public buildings (up to year 2030)...... 31

List of Illustrations Illustration 1: Neighborhood location...... 3 Illustration 2: Approved plans...... 11 Illustration 3: Neighborhood boundaries...... 16 Illustration 4: Neighborhood structure...... 17 Illustration 5: Residential areas – existing and statutory status....after page 20 Illustration 6: settlement...... 21 Illustration 7: Educational institutions...... after page 28 Illustration 8: Existing roads...... after page 36 Illustration 9: Proposed road network – statutory status...... after page 36 Illustration 10: Proposed road network – road hierarchy...... after page 36 Illustration 11: An alternative route for the Eastern Ring Road...... 38 Illustration 12: Agricultural areas - existing pens and orchards....after page 42 Illustration 13: Business and commerce – existing situation...... after page 42 A. Background

The Jabel Mukaber ’Arab as-Sawahra neighborhood (hereafter, Jabel Mukaber) is situated in the southern part of Eastern Jerusalem, at the dwelling place of the as-Sawahra tribe. The neighborhood is home to more than 20,000 residents, and covers an area of some 460 hectares (see: Illustration 1: Neighborhood location).

Given the present planning situation, the residents of Jabel Mukaber have limited options for developing their neighborhood and building their homes. They suffer from shortage in houses, which is due, in part, to institutional planning failures that have created a broad range of problems. These include: lack of land reserves for development; an unreasonable proportion of lands zoned as open landscape, in relation to those designated for development; a disregard for local knowledge and avoidance of using this knowledge in determining the neighborhood’s planning needs; the fact that the data base used to draw up the existing statutory plans has become outdated even prior to their approval, due to the lengthy process of their preparation; the fact that the Municipality of Jerusalem failed to develop those areas zoned in the plans for public needs; difficulties in obtaining building permits; restrictive procedures implemented by the planning authorities, and holding back all private planning initiatives until a new statutory outline plan is prepared by the authorities.

The residents of Jabel Mukaber wish to comply with the law, to build their homes under permits and to develop their neighborhood without being forced to initiate expensive legal proceedings in court. However, the planning institutions and government authorities have not responded, so far, to the housing needs of the residents of Jabel Mukaber. Consequently, residents of the neighborhood often have no other option but to build their houses without permits, even though this constitutes a violation of the law and puts their homes at risk of demolition. There is, therefore, an urgent need to re-plan the neighborhood, so that construction and development there can take place lawfully.

 The term “local knowledge” refers to the overall knowledge possessed by residents concerning various aspects, such as the social and planning reality in their neighborhood, their vision for the future, etc.

Bimkom - Planners for Planning Rights  The planning authorities have recently acknowledged the planning failures that exist in the neighborhood, and are considering re-planning parts of Jabel Mukaber. However, for such re-planning to be relevant to the reality of the neighborhood and applicable on the ground, the needs and preferences of the residents must be addressed and considered. The aim of this survey is to outline the views of the residents of Jabel Mukaber about the planning future of their neighborhood. Based on this survey, we also discuss recommended directions for planning in Jabel Mukaber.

From 2007 and through early 2008, a planning survey was undertaken in the neighborhood of Jabel Mukaber. The survey provided a wealth of data concerning the reality of daily life in the neighborhood, the existing statutory plans that apply there, the needs and preferences of the residents, as well as the hardships they encounter on a regular basis. As part of the survey – which is the first phase in the process of planning – we held discussions and consultations with residents, individuals and groups. However, as already said, this report provides only recommendations for planning directions and is not detailed enough to serve as a basis for appropriate statutory planning. Once planning by the authorities begins, further involvement of the residents will be necessary, and a special planning team for the neighborhood should be appointed.

 Planning Survey and Directions for Planning and Development in Jabel Mukaber ’Arab as-Sawahra

 Planning Survey and Directions for Planning and Development in Jabel Mukaber ’Arab as-Sawahra B. Goals and Objectives

The planning survey we conducted in Jabel Mukaber ’Arab as-Sawahra was based on the universal normative principles of human dignity, equality and social justice. According to these principles, it is possible to define specific human rights that are relevant to the framework of the planning system. Thus, the principle of human dignity establishes the right to a plan that would provide minimal standards of living for the residents expected to live in its area. Similarly, the principle of equality mandates that physical planning must be carried out without discrimination on the basis of race, gender or ethnicity. Against this background, we defined four meta-goals to the survey:

A. To promote planning for the neighborhood of Jabel Mukaber ’Arab as-Sawahra, which suffers from severe discrimination in the field of planning.

B. To respond to residents’ basic needs in housing, infrastructure, and public services.

C. To ensure that planning is compatible with the residents’ social and cultural needs.

D. To enhance residents’ involvement in the planning of their neighborhood.

Based on the information gathered from the residents and an analysis of the situation on the ground, we also defined the operative objectives of the report:

 For more on human rights within the framework of physical planning see: E. Alexander, Planning Rights in , Bimkom, Jerusalem, 2005.

Bimkom - Planners for Planning Rights  1. Legalizing homes built without permits and promoting a plan that would allow new construction to take place

Due to the difficulties and, in many cases, the inability to obtain building permits in this neighborhood (see part C of this document), building without permits has become common in Jabel Mukaber. According to estimates, over half of the neighborhood’s homes were built without permits. Consequently, many residents face the threat of home demolitions and pay high fines for breaching the Planning and Building Law.

In order to change this reality and enable the residents of Jabel Mukaber to obtain building permits and to establish their homes lawfully, the plan for the neighborhood must include extensive land reserves for development. The plan must also increase building rights, relative to the approved statutory plans. Furthermore, existing restrictions on individuals who wish to promote planning for their parcel, as well as obstacles in obtaining building permits, should be eased.

2. Planning that is socially and culturally compatible

As is the case with other Palestinian neighborhoods, the residents of Jabel Mukaber ’Arab as-Sawahra have unique characteristics in which they differ from other groups living in the city. The differences are cultural, religious, and national, as well as in the political and civilian status of the residents. The unique characteristics of the population of Jabel Mukaber have direct bearing on their relationship with the planning authorities, and require special consideration.

It should be noted, that while the neighborhood residents have freely chosen not to participate in municipal elections, and are therefore not represented in the municipal planning institutions, they do wish to structure and regulate their living environment, so that their unique lifestyle is maintained.

 Planning Survey and Directions for Planning and Development in Jabel Mukaber ’Arab as-Sawahra 3. Expropriating land for public needs in a manner acceptable to the residents

In Israel, when development takes place in an area not previously developed, the relevant municipality normally expropriates part of the land for public needs, such as roads, public buildings and parks. This is often the case even when small-scale construction, such as the erection of a single new house, takes place.

Jabel Mukaber ’Arab as-Sawahra’s residents acknowledge the need to expropriate part of their privately owned land in order to provide for public needs in their neighborhood. Having said this, they find it hard to accept that the land formerly owned by them be registered as the property of the Municipality of Jerusalem.

The Israeli Planning and Building Law provides for educational facilities to be built on private land. Accordingly, it would be possible for public buildings in the neighborhood (e.g. schools) to be built on private or Waqf (parcels designated by their owners for religious purposes or for public needs) land. This is an option not currently employed by the Israeli authorities. Such arrangements wouldenable long-term land leases and special agreements with private landowners, so that the authorities can build and operate public institutions without a frontal conflict with the residents.

It is also the residents’ wish that such land that is designated for public use, even within the framework of a private institution, be considered, in legal terms, as land that was expropriated. The Planning and Building Law authorizes planning institutions to expropriate up to 40 percent of the area of privately-owned parcels without paying compensation. The residents ask that Waqf land or parcels on which private schools were built be also included in the 40 percent quota, so that if more land is expropriated from the same landlord, he receives full compensation from the municipality.

4. Regulating the transition from rural to urban neighborhood

Jabel Mukaber ’Arab as-Sawahra has developed around the dwelling site of the as-Sawahra Bedouin tribe. For centuries the tribe has made this area on the desert border its permanent home. In 1967, when the was occupied by Israel and parts of it annexed to the city of Jerusalem, members of

Bimkom - Planners for Planning Rights  the as-Sawahra tribe found themselves split into two political and administrative entities: those who settled on the western side were included within the area of jurisdiction of Jerusalem and became residents of the state of Israel, while those who settled a short distance eastward remained in the West Bank, and live under military regime.

Until recently, the planning authorities viewed Jabel Mukaber as a village, which in planning terms entails low density of construction i.e. small number of housing units per hectare. Nevertheless, the approved plans for Jabel Mukaber, which aim to restrict the development area of the village and thus lead to higher building densities, do not support this view. Combined with the demographic increase during the last decade and social changes, these plans led to an accelerated process of urbanization. Unfortunately, this is mainly reflected in overcrowded living spaces and lack of housing and classrooms, rather than in the overall development of the neighborhood.

5. Developing public spaces in the neighborhood

As will be described below, the neighborhood lacks public spaces. Besides the inadequate number of educational institutions, Jabel Mukaber has no public facilities whatsoever. In many cases, public activities are held in educational institutions, mosques and private clubs.

 Planning Survey and Directions for Planning and Development in Jabel Mukaber ’Arab as-Sawahra C. The Principal Planning and Development Problems in the Neighborhood

Two main outline plans, initiated by the Municipality of Jerusalem, apply to Jabel Mukaber: Plan No. 2691, approved in 1987, for Jabel Mukaber (the northern part of the neighborhood), and Plan No. 2683a, approved in 1996, for as-Sawahra (the southern and larger part of the neighborhood). The plans, as will be detailed below, limit neighborhood planning options and fail to meet the needs of the population (see: Illustration 2: Approved plans).

1. Problems in Jabel Mukaber ’Arab as-Sawahra’s plans that render them inapplicable:

❖ Insufficient land for development purposes: As of the end of 2006, the area zoned for construction in Plan No. 2691 (for Jabel Mukaber) has been utilized to exhaustion, while the area zoned for construction in Plan No. 2683a (for as-Sawahra) is expected to be fully utilized within a decade.

❖ Excessive open landscape: The plans allocate an unreasonable proportion of their area for open landscape, in which construction is prohibited. Over 70 percent of the area of one of the plans, and some 60 percent of the area of the other plan, are designated as open landscape. Of all the statutory plans effective within the municipal boundaries of Jerusalem, these two plans have the highest proportion of open landscape.

❖ Small building percentage: The plans provide for particularly low building percentages. In Plan No. 2691, the maximum permitted building percentage is 25% of the net area of the lot, after expropriation for public needs. In Plan No. 2683a, the permissible building area is just 37.5% of the net area of the lot.

❖ Inadequate allocation of land for public needs: Plan No. 2691 allocates only one lot for a public building; the area zoned in Plan

Bimkom - Planners for Planning Rights  No. 2683a for public buildings is also inadequate and doesn’t meet the community’s needs. Although the plans include extensive open landscape, neither plan zones lots for open public spaces like parks and playgrounds.

❖ Deficient network of roads: The road system, as aligned on the plans, is relatively sparse and is based only partially on existing roads. From a planning perspective, it is critically important to base the network of roads in the plan on existing roads, since the latter reflect agreements among residents and landlords who gave part of their land for roads. Such a network can be more easily realized, compared with a system of roads that ignores the agreements between the various landlords.

❖ Non-realization of the small areas zoned for public needs: As mentioned above, the existing statutory plans allocate only small space for public needs. Even this small area zoned for public needs was hardly developed and realized by the Municipality of Jerusalem. As time goes by and the neighborhood’s housing shortage worsens, more residential buildings are constructed in lots that the plans zone for public needs. This situation renders the statutory plans impractical as regards public needs.

2. Problematic Procedures and Administrative Restrictions

In addition to inappropriate planning, the residents of Jabel Mukaber ’Arab as- Sawahra are subject to procedures and administrative restrictions that aggravate the situation further. Some of these apply to all East Jerusalem Palestinian neighborhoods, while others are unique to Jabel Mukaber.

a. An administrative requirement that has been applied only to Jabel Mukaber stipulates that pending the advance of a statutory outline plan for the neighborhood, planning on a smaller-scale (e.g., individual lots) is in some parts of the neighborhood put at a standstill, and the planning institutions refuse to promote its approval. Consequently, many residents

 Unlike open landscape, the municipality is authorized to expropriate lots zoned for open public space and to develop them for public use.

10 Planning Survey and Directions for Planning and Development in Jabel Mukaber ’Arab as-Sawahra

in the neighborhood cannot obtain building permits. Overall outline planning in Jabel Mukaber has been frozen at least three times: first, when the authorities declared their intention to upgrade the American Road; a second time, when it was decided to develop the Eastern Ring Road; and a third time, when it was proposed to re-plan the area between these two roads. The decision to freeze all small-scale planning was taken even though the authorities failed to define a time limit for completing the comprehensive outline plan for the neighborhood. The result is that development in Jabel Mukaber could be halted for several years.

b. Restrictive Procedures and administrative restrictions that apply throughout East Jerusalem Palestinian neighborhoods:

❖ Automatic rejection of local plans whose area is less than one hectare: The District Planning Bureau in the Ministry of the Interior decided that plans that cover less than one hectare, and which aim to re-zone land from open landscape to residential area, are not to be approved. This arbitrary policy completely ignores the situation on the ground; in some cases, local plans that aim to change the zoning of lots from open landscape to residential area are rejected, even though these lots are already densely covered by homes.

❖ Sewage solution for the Kidron stream basin: Jerusalem’s eastern drainage basin, that serves Jewish as well as Palestinian neighborhoods, has not yet been built. The District Planning Committee decided that until a solution is found, all plans approved in the eastern drainage basin must stipulate that “building permits for residential purposes will be issued only after the District Planning Committee receives a report on the progress in planning and execution of a sewage treatment facility for Jerusalem’s eastern basin”. Private landowners who submit local plans in Jabel Mukaber are, in fact, unable to affect the progress of the sewage treatment facility plan for Jerusalem’s eastern basin. Nonetheless, delays in progress of planning and execution of the facility are liable to prevent them from obtaining building permits, now and in

 Minutes of the Planning Committee meeting No. 2006007, 7th November 2006, Article 4.

12 Planning Survey and Directions for Planning and Development in Jabel Mukaber ’Arab as-Sawahra the future.

❖ Proof of land ownership and its registration: As is the case in vast areas of East Jerusalem, the land of Jabel Mukaber is not registered with the Land Registrar. Under the Israeli Planning and Building Law, building permits may be issued even in unregistered land, provided the landlord proves his affinity to the lot. Such proof can take the form of property tax documents or an affidavit signed by community representatives and by neighbors. Despite this, since early 2002, the Survey Department in the Municipality of Jerusalem demands that as a condition for obtaining a building permit, East Jerusalem residents whose land is not registered with the Land Registrar must produce a surveyor’s map for registration purposes. The residents are also required to submit an attorney’s assurance that the registration process will be completed within five years. This requirement ignores the political and legal complications involved, chiefly the problem of absentees ( who were not in the area during its occupation in 1967, whose property is managed, according to law, by the Israeli Custodian), as well as residents’ fear of losing their rights to the land, in the case they fail to prove ownership.

3. Problems regarding public infrastructure

❖ Educational institutions and other public buildings: There are no public facilities in the neighborhood other than educational institutions, and these are also insufficient. Subsequently, students are forced to study in shelters, temporary buildings and homes that are unsuitable for schooling. Culture, sports and informal education are not provided by the authorities and are dependent on local voluntary groups. The neighborhood lacks a family health care center and mothers must travel outside the neighborhood for their children to have their check-ups.

❖ Roads: The neighborhood has a sparse and faulty road system, which consists mostly of non-statutory roads that lack proper maintenance. Lighting at night exists only in segments of main roads, leaving many residential areas in the dark.

Bimkom - Planners for Planning Rights 13 ❖ Water and sewage: Infrastructure in the neighborhood is poor. Many homes lack a standard water connection; many are not hooked up to the city sewage system and rely upon cesspools.

14 Planning Survey and Directions for Planning and Development in Jabel Mukaber ’Arab as-Sawahra D. Directions for Planning and Development

The following recommended directions for planning and development in Jabel Mukaber ’Arab as-Sawahra are based on an analysis of the statutory plans for the neighborhood; an examination of their compatibility with the residents’ needs; local knowledge and other data.

1. Neighborhood Structure: Division into Sub-Neighborhoods

The Jabel Mukaber ’Arab as-Sawahra neighborhood falls within the area of jurisdiction of the Municipality of Jerusalem, in the southern part of East Jerusalem. Situated on the Armon Ha-Natsiv ridge and its southwestern slope, the neighborhood borders the Jewish East Talpiyyot neighborhood from the east and the north. To the north, Jabel Mukaber also borders the neighborhood, from which it is separated by the Kidron Stream. At its northwestern corner, the neighborhood’s boundary curves southward at the Peace Forest area, at the foot of neighborhood. From there the neighborhood’s border continues eastward and returns westward, leaving the Armon Ha-Natsiv ridge and castle outside the neighborhood. Here the boundary follows the road encircling East Talpiyyot, curving southward. The southern border of the neighborhood is the Darga Stream, which runs in a southeastern direction, separating Jabel Mukaber from Tsur Baher neighborhood. The boundary of Jabel Mukaber continues until it converges with Jerusalem’s eastern municipal boundary, and both wind northward towards Ras al ’Amud/. Jabel Mukaber occupies an area of about 460 hectares (see: Illustration 3: Neighborhood boundaries).

The neighborhood is spread out over a large area comprising a number of spurs separated from each other by streams. Based on its layout and the clan composition of the as-Sawahra tribe, the neighborhood can be divided into ten sub-neighborhoods (see: Illustration 4: Neighborhood structure). The southern sub-neighborhoods are easily distinguishable from each other, as each one occupies a distinct spur separated from other sub-neighborhoods by

 The neighborhood’s area, according to its residents, does not correspond with the definition of the Jerusalem Municipality, and both differ from the designation of the statistical areas in Jerusalem as defined by the Israeli Central Bureau of Statistics.

Bimkom - Planners for Planning Rights 15

a stream. In the northern part of the neighborhood, the distinction between sub-neighborhoods is not so clear, as the spurs merge together to form one mountainous unit. The neighborhood’s overall structure resembles the shape of an open palm, with the southern sub-neighborhoods built on the fingers (the spurs) and the northern sub-neighborhoods scattered over the back of the palm. Combined, the various sub-neighborhoods of Jabel Mukaber have some 2,900 housing units.

A large sub-neighborhood, referred to by residents as Hai al Madares (the Schools Neighborhood), is situated on the neighborhood’s central spur, which runs from the edge of East Talpiyyot diagonally in a southeastern direction, up to Jerusalem’s municipal boundary. In the east, the spur connects directly with the Sheikh Sa’ed neighborhood, which is situated outside the city’s municipal border.

Two sub-neighborhoods are situated southwest of the central spur: the small Hai al Abeidieh sub-neighborhood, on an additional “finger” extending from East Talpiyyot in a southeastern direction, and the large Umm Leisun sub- neighborhood. These two sub-neighborhoods are distinct from the rest of Jabel Mukaber in the make-up of their population, comprising members of the Abeidieh tribe and families originating from Tsur Baher.

North of Hai al Madares, on the western portion of another spur, lies the sub- neighborhood of Shkeirat. The Kunbar (Al Jdeira) neighborhood is situated on the slope that runs in a southeastern direction, beyond the saddle of the stream.

To the north are the sub-neighborhoods of Bashir, Ja’abis, and Sal’a, which have merged together over the years into a continuous built-up area. To their west are the sub-neighborhoods of Khirbet Ahmed as-Sahouri and Abeidat.

Jabel Mukaber may be also divided in another way. On its eastern side, the Kidron Stream runs from north to south, dividing the neighborhood into eastern and western parts. The larger, western part contains most of the spurs and sub-

 The data on number of housing units is taken from the Statistical Yearbook of Jerusalem, 2004, published by the Jerusalem Institute for Israel Studies. The figures are based on documentation of municipal tax payments. According to our estimates, the data is not accurate, and the actual number of housing units is higher. Despite this, this report is based on the Statistical Yearbook figures.  This is the residents’ name for the neighborhood. The authorities call it Khirbet Beit Sahour.

18 Planning Survey and Directions for Planning and Development in Jabel Mukaber ’Arab as-Sawahra neighborhoods described above. The eastern part includes the Kidron Stream and its eastern bank, comprising one-quarter of the neighborhood’s area. Small sub-neighborhoods and clusters of homes are scattered there.

The statutory plans for the neighborhood, as well as the actual construction on the ground, maintain the structure of the neighborhood and its division into sub-neighborhoods. Nonetheless, the two are not compatible. Only part of the de facto built-up area coincides with the land zoned for development in approved plans. This situation is due primarily to ownership considerations: in some parts of the neighborhood, the land is owned by a few small families who have built all the homes they require at present. Consequently, the rest of the land there remains un-built, even though it is zoned for development in the statutory plans. In contrast, there are families whose plots are not zoned for construction in the plans. In the absence of any other land, these families were forced to establish residential buildings on these plots, despite the fact that the statutory plans don’t allow development to take place there (see: Illustration 5: Residential areas – existing and statutory status).

In the northern part of the neighborhood, in the valley between Shkeirat and Abeidat, the Jewish settlement Nof Zion has been built. This settlement is being constructed irrespective of the structure of the original neighborhood, on land that was purchased, in part, by the developers and, in part, expropriated from Jabel Mukaber residents (see: Illustration 6: Nof Zion settlement).

Population and Population Forecast for Jabel Mukaber

As of 2008, over 7,500 children, aged 5-18, live in Jabel Mukaber. By 2020, the number of school children is expected to reach 13,000, and by 2030, about 20,000.

Jabel Mukaber ’Arab as-Sawahra comprises Statistical Areas (S.A.) 821 and 822 (as defined by the Israeli Central Bureau of Statistics) in their entirety, as well as part of S.A. 816. In the official statistics, the data for S.A. 816 is presented combined with the data for S.A. 812. We estimate that only one-fifth of the population in S.A. 816 and 812 lives within the Jabel Mukaber neighborhood.

 The population forecast is based on data from the Statistical Yearbook of Jerusalem, 2006/7, published by The Jerusalem Institue for Israel Studies.

Bimkom - Planners for Planning Rights 19 Table 1: Population by age and statistical area, 2006

Age Median Statistical Area age Total 4-0 5-14 15-24 25-44 45-64 65-74 75+

812 Abu Tor

Khirbet Beit 4,833 1,776 3,461 3,090 4,374 1,671 287 174 21.9 Sahour, 816 Armon Ha- Natsiv { 821 Jabel Mukaber 16,820 2,986 5,195 3,006 4,014 1,301 246 72 15.7 822 ’Arab as- Sawahra, Umm Leisun {

Table 2: Population living in Statistical Areas 821 and 822, and one-fifth of the population in Statistical Areas 812 and 816, 2006

Age S.A No. S.A name Total 0-4 5-14 15-24 25-44 45-64 65-74 75+

Total 19,787 3,341 5,887 3,624 4,889 1,635 304 107

821-822 Jabel Mukaber 16,820 2,986 5,195 3,006 4,014 1,301 246 72 ’Arab as- Sawahra

part of Khirbet 816 Ahmed as- 2,967 355 692 618 875 334 58 35 Sahouri

After consulting with the editors of the Jerusalem Statistical Yearbook regarding the annual population growth rate within the S.A. 816, it was decided to treat it similarly to S.A. 821 and 822: that is, an attributed annual growth rate of 4.9%. The forecast takes into account a moderate decline in the growth rate towards year 2030. The following table shows the population growth forecast.

 The figures are taken from the Statistical Yearbook of Jerusalem, 2006/7, Table III/15.

20 Planning Survey and Directions for Planning and Development in Jabel Mukaber ’Arab as-Sawahra

Table 3: Population of Jabel Mukaber ’Arab as-Sawahra in 2006 and projected demographic growth through 2030, by age group

Age Year Total 0-4 5-14 15-24 25-44 45-64 65-74 75+ 2006 19,787 3,341 5,887 3,624 4,889 1,635 304 107 2007 20,757 3,505 6,175 3,802 5,129 1,715 319 112 2008 21,774 3,676 6,478 3,988 5,380 1,799 335 118 2009 22,841 3,857 6,795 4,183 5,643 1,887 351 124 2010 23,960 4,046 7,128 4,388 5,920 1,980 368 130 2011 25,134 4,244 7,478 4,603 6,210 2,077 386 136 2012 26,365 4,452 7,844 4,829 6,514 2,179 405 143 2013 27,657 4,670 8,229 5,065 6,834 2,285 425 150 2014 29,012 4,899 8,632 5,314 7,168 2,397 446 157 2015 30,434 5,139 9,055 5,574 7,520 2,515 468 165 2016 31,925 5,391 9,498 5,847 7,888 2,638 490 173 2017 33,490 5,655 9,964 6,134 8,275 2,767 515 181 2018 35,131 5,932 10,452 6,434 8,680 2,903 540 190 2019 36,852 6,222 10,964 6,749 9,105 3,045 566 199 2020 38,658 6,527 11,501 7,080 9,552 3,194 594 209 2021 40,204 6,847 11,961 7,363 9,934 3,322 618 217 2022 41,812 7,183 12,440 7,658 10,331 3,455 642 226 2023 43,485 7,470 12,938 7,964 10,744 3,593 668 235 2024 45,224 7,769 13,455 8,283 11,174 3,737 695 245 2025 47,033 8,079 13,993 8,614 11,621 3,886 723 254 2026 48,914 8,403 14,553 8,959 12,086 4,042 752 265 2027 50,871 8,739 15,135 9,317 12,569 4,203 782 275 2028 52,906 9,088 15,740 9,690 13,072 4,372 813 286 2029 55,022 9,452 16,370 10,077 13,595 4,546 845 298 2030 57,223 9,830 17,025 10,480 14,139 4,728 879 309

As table 3 shows, the population of Jabel Mukaber ’Arab as-Sawahra in 2008 is approximately 21,744. It is expected to reach 38,658 by 2020 and 57,000 by 2030.

22 Planning Survey and Directions for Planning and Development in Jabel Mukaber ’Arab as-Sawahra The size of children’s age groups will increase correspondingly with population growth:

2008 2020 2030

Infants and toddlers, ages 0-4 919 1,632 2,458

Elementary school children, ages 5-14 648 1,150 1,703

High-school youth, ages 15-18 399 708 1,048

Size of other age groups:

2008 2020 2030

Young adults, ages 19-24 399 708 1,048

Young adults with potential to marry and 269 478 706 seek housing, ages 25-44

Recommendations:

❖ To preserve the existing division of sub-neighborhoods, while expanding smaller sub-neighborhoods to include homes built outside of their planned area, and allocating additional land reserves for construction.

❖ To develop sub-neighborhoods in a way that enables their independent internal functioning, particularly as regards services for young children.

❖ To include in each sub-neighborhood at least one nursery school, a kindergarten, a public playground, a grocery shop and a mailbox center.

❖ Larger sub-neighborhoods should have schools and additional public facilities that will serve the entire neighborhood.

Bimkom - Planners for Planning Rights 23 2. Public Buildings

As mentioned above, Jabel Mukaber ’Arab as-Sawahra suffers from a severe shortage of public buildings and of land zoned for these buildings. The only public institutions that exist in the neighborhood are educational facilities, but even these don’t meet the needs. While the statutory plans zone a small area of land for other public needs, none of these have been realized. The Municipality of Jerusalem has expropriated land and developed lots designated for schools only. Lots zoned for youth clubs, kindergartens and a health center have neither been expropriated nor realized. Even if all lots zoned for public needs were realized, there would still remain an acute shortage of educational facilities and of other public buildings.

Educational Facilities

Kindergartens: There are currently 22 kindergarten classes operating in the neighborhood, only 14 of which are run by the municipality. The remainder are operated by private organizations. There are no public pre-kindergarten classes in Jabel Mukaber: the nine pre-kindergarten classes that exist are run by private groups. All the kindergartens, public and private, operate in buildings that are not designated for that purpose.

Schools: In 2008, eight schools operated in the neighborhood, five of which were run by the Ministry of Education and the Municipality of Jerusalem, one by the Palestinian Authority, and two by private charities. The construction of two new public school buildings was recently completed, on a single lot in Umm Leisun. This was the last plot in the neighborhood zoned for schools in the approved plans. In other words, all existing plots zoned for schools in the statutory plans have been exhausted.

Even after the completion of these two new buildings, public schools in the neighborhood suffer from overcrowding and a shortage of classrooms, as evidenced by the following data: The neighborhood’s public school system has 183 classrooms, nine of which operate in shelters, 22 in residential buildings, and three in caravans placed in a school yard. The neighborhood’s only gymnasium was converted into a school and is now divided into several classrooms.

The public schools are scattered in various buildings, sometimes distant from

24 Planning Survey and Directions for Planning and Development in Jabel Mukaber ’Arab as-Sawahra each other. For example, the As-Sawahra al Gharbiya girls’ elementary school operates in four separate buildings: Grades 1-3 and two special education class operate in three residential buildings and in shelters, while grades 4-6 study at the school building. The school’s yard is small and doesn’t allow the girls space to play. When teachers move from class to class, they are often forced to leave the school building, go out to the street and walk to a distant residential building where some of the classes operate.

The existing statutory plans don’t allocate sufficient land for educational facilities, yet even the inappropriate allocation has been only partially realized. The plans zone one lot for a day-care center, eight lots for 17 kindergarten classes, two lots for four elementary and junior high schools (for girls and boys) and one lot for two high schools (for girls and boys). As is the case in other East Jerusalem Palestinian neighborhoods, the area designated by the plan for schools is smaller than that required according to governmental standards. In fact, more classes than those planned actually operate on these lots (in shelters, caravans, and the gymnasium) (see: Illustration 7: Educational institutions).

The case of the Al Ahwa elementary and junior high school for boys and girls, situated in the northern part of Jabel Mukaber, can illustrate this. The lot on which the school was established is 1.1 hectares in size (although the area allocated for the school in the approved plan is 1.5 hectares). There are 33 elementary school classes there, as well as 14 junior high school classes. According to binding governmental standards,10 the amount of land to be allocated is 500 square meters for each elementary school class, and 750 square meters for a single junior high school class. Based on these standards, the Al Ahwa school needs at least 2.7 hectares (1.65 hectares for the 33 elementary classes and 1.05 hectares for the 14 junior high school classes). A simple calculation shows that the school operates on less than one half the area it requires, according to Israeli official standards.

10 Edna and Rafael Lerman, Guidelines concerning Allocating Land for Public Needs, Institute for Research and Development of Educational and Welfare Institutions, 2000, p. 27.

Bimkom - Planners for Planning Rights 25 9. 8. 7. 6. 5. 4. 3. 2. 1. Notes: High schools schools Junior high schools Elementary Kindergarten Pre-kindergarten Nursery schools Day care centers Total isn casom fr h ed f h pro wr cluae i crepnec wt te hrae n tt-ul casom etbihd o ti proe Existing purpose. this for established classrooms state-built in shortage the with correspondence in calculated were period the of end the for classrooms Missing Kindergarten through high school classes were calculated according to a demand of 100%. Pre-kindergarten classes were calculated according to a demand of 50%. Needed classes for day care and nurseries were calculated according to a demand of only 30%. Kindergarten through high school classes comprise 35 children. A pre-kindergarten class comprises 30 children. A nursery school class comprises 25 children. A day care class comprises 12 infants. The table is based on data taken from classrooms in homes and classes private schools were not taken into consideration. Table 4: Number of existing, needed and missing classrooms by year and age group 399 648 648 648 919 919 919 of age group Size 12 38 37 5 0 0 0 92 Public, built Existing classrooms The Statistical Yearbook of jerusalem 3 0 39 9 51 Public, other 11 3 35 9 9 67 Private 2008 22 18 74 14 6 11 23 276 Classrooms missing , Table III/15 for 2006, along with projected population growth statistics. 34 56 111 19 15 11 23 363 Classrooms needed 708 1.150 1,150 1,150 1,632 1,632 1,632 of age group Size 61 99 197 33 16 20 41 645 Classrooms needed 2020 49 61 160 27 16 20 41 558 Classrooms missing 1,048 1,703 1,703 1,703 2,458 2,458 2,458 of age group Size 90 146 292 49 25 29 61 692 Classrooms needed 2030 78 108 255 44 25 29 61 600 Classrooms missing

26 Planning Survey and Directions for Planning and Development in Jabel Mukaber ’Arab as-Sawahra Kindergarten kindergarten Pre- nurseries Day care and Institution type kindergartens exist Additional private a private home). Al Ahwa school (in 5 kindergartens in buildings residential operate in kindergartens Private pre- homes care centers in Private family day institutions Existing Table 5: Lot areas required for educational institutions, 2008-2030 meters 3,000 square meters 2,000 square meters 1,500 square 2008 in approved Area zoned plans 19 5 34 needed rooms Class 33 27 61 needed rooms Class 11 7 20 institutions Additional needed 2020 1.6 hectares meters square 8,700 3 hectares institutions needed for Area 49 41 90 needed rooms Class 22 17 30 institutions Additional needed 2030 2.8 hectares hectares 3.45 4.5 hectares institutions needed for Area hectares 2.5 hectares 3.25 hectares 4.35 Additional required land 2. For 2020, the 1. For 2030, the classes will be used for two square meters each, lots, sized 1,200 classes, while other designated for three meters each, will be sized 1,500 square that some lots, the assumption was made under The calculation trained children class of 25 toilet- 25 toddlers, and one infants, one class of for one class of 12 center is designated A three-class day classes will have three each institution assumption that made under the calculation was will be required. with three classes, institutions, each classes, and five each with two 17 institutions, assumption that made under the calculation was Comments

Bimkom - Planners for Planning Rights 27 2. 1. Notes: 3. (Grades 10-12) High school 7-9) school (Grades Junior high 1-6) school (Grades Elementary Institution type In the approvedthe In Forkindergartens. and pre-kindergartens between distinguish not does uses permitted defining table the plan, dividedwe calculation, of purposes bythem a The permitted uses in approved plans do not correspond with actual use in lots zoned for public buildings. recommended. Until age 6 classes are typically mixed. Elementary schools may be mixed, with separate classes for each gender. In junior high schools and high schools, separate schools are ratio of 2:3 in favor of kindergartens. exists boys’ high school school. Private elementary in boys’ school operates A girls’ high All over-crowded boys’, one girls’. One mixed, one completed was recently girls' school boys' and one one girls'. One one boys' and One mixed, institutions Existing Table 5: Lot areas required for educational institutions, 2008-2030 comment) – see purposes for other (used 1.5 hectares comment) 0 (see 3 hectares in approved Area zoned 2008 plans 34 56 111 Class rooms needed 61 99 197 needed rooms Class 5 6 8-10 institutions Additional needed 2020 meters square and 750 4.5 hectares 7.4 hectares 10 hectares institutions needed for Area 90 146 292 needed rooms Class 7-8 8 12-20 institutions Additional needed 2030 hectares 6.75 11 hectares hectares 1.46 institutions needed for Area (Cont.) hectares 6.75 11 hectares hectares 11.6 Additional required land school and for a junior high elementary school school is used for in the plan for a high The area designated elementary schools same designated for schools are the for junior high done. The lots high schools was allocation for junior no separate land In approved plans, elementary schools same designated for schools are the for junior high done. The lots high schools was allocation for junior no separate land In approved plans, Comments

28 Planning Survey and Directions for Planning and Development in Jabel Mukaber ’Arab as-Sawahra Combining small lots – an interim solution for shortage in schools

Due to the huge shortage of educational facilities currently existing in Jabel Mukaber, immediate action must be taken to promote the construction of new classrooms there. This section of the planning document proposes the immediate addition of classrooms as an initial phase on the way to a comprehensive solution of the problem.

The proposal is based upon unutilized reserves of land zoned in the approved plans for public buildings. Designated to serve as kindergartens, day care centers, clubs, etc., most of these small lots have no buildings on them. Furthermore, since they are zoned in the approved plans for public buildings, they can be readily expropriated and developed.

According to the proposal, a new elementary school will be established in the Shkeirat sub-neighborhood, on a new lot that would comprise three adjacent lots, which the statutory plans zone for public uses, although not for a school. Plan No. 2683a designates lots D and E for use as a kindergarten and a youth club, respectively, while lot M is designated as planning reserve for public buildings. The total area of these lots combined is 5,700 square meters, which can accommodate an elementary school of 12 classrooms. Combining these three lots, as marked on the plan, into a new larger single lot provide advantages not just in terms of lot area. The lots concerned are located in the center of the neighborhood, adjacent to open spaces where sports facilities and gardens with plants can be developed.

In addition, there are three lots zoned in the approved plans for kindergartens, which the authorities should realize as soon as possible:

❖ The first lot is the only one designated for a public building in Plan No. 2691. It is located in the sub-neighborhood of Khirbet Ahmed as- Sahouri.

❖ The second lot is marked as lot H in Plan No. 2683a. It is located in the Kunbar sub-neighborhood.

❖ The third lot is marked as lot F in Plan No. 2683a. It is located in the Hai al Madares sub-neighobhoord.

Bimkom - Planners for Planning Rights 29 Following are listed the lots zoned for public buildings, which have not yet been realized, as well as their development potential:

Denotation in Approved use Area in Current Comments plan square status of meters lot (non- public buildings)

One lot in Plan Kindergarten 1,000 Un-built High priority for No. 2691 realization

Plan No. B Kindergarten (2 classes) 1,200 Un-built 2683a C Family health center, clinic, 3,600 Partially kindergarten (2 classes) built

D Kindergarten (2 classes) 1,200 Un-built Combine with other lots and build a school

E Youth club 1,500 Un-built Combine with other lots and build a school

F Kindergarten (2 classes) 1,200 Un-built High priority for realization

G Day care center (3 classes) 1,500 Un-built

H Kindergarten (3 classes) 1,500 Un-built High priority for realization

I Youth club 1,500 Un-built

J Kindergarten (2 classes) 1,200 Un-built

K Kindergarten (2 classes) 1,200 Un-built

M Reserves 3,000 Un-built Combine with other lots and build a school

It is not the intention of this interim proposal to undermine the importance of realizing all lots zoned for public buildings in the approved plans. Nor does it intend to suggest that a new plan for the neighborhood and allocation of additional land for public buildings in general and for education facilities in particular, are not required. This proposal strives to meet most immediate needs, by realizing, without delay, all these lots and allocating them for the uses indicated above. At the same time, a comprehensive plan, which should zone additional lots for public needs, should be prepared.

30 Planning Survey and Directions for Planning and Development in Jabel Mukaber ’Arab as-Sawahra Additional services Cultural and religious institutions Post office Family health center Municipal library Day centers for the elderly Clubs for the elderly Youth clubs Large community center community department Elementary school 15 mosques Institution Type Functions No allocation 200-300 area (square meters) Required built-up 700-1,000 300-680 100-200 400-500 4,000-5,000 up to 500 up to 2,000 up area (square Required built- meters) Table 6: Program for public buildings (up to year 2030) square meters 2,000-2,500 square meters 1,000-2,000 0.5 hectares square meters 15 X 1,000-2,000 Required lot area other uses Combined with other uses Combined with Lot area Mukaber a franchiser expressed interest in opening a post office Jabel in East Talpiyyot or the Sultan Suleiman neighborhood. Recently No mail distribution in neighborhood; residents rent mailboxes center and a kindergarten. This lot should be realized urgently Existing plans zone a lot for combined uses of family health girls’ elementary school Small library exists in a yet clubs have not been built meters each, but the youth this purpose, 1,500 square The plans zone two lots for designate lots for mosques existing plans don’t 12 exist although the Current situation Current situation preferably in the neighborhood’s center To be combined with or situated adjacent to cultural facilities, Central location; not to be combined with other services community building No land allocation needed; to be combined with another and day care centers youth clubs in the plans should be re-designated for kindergartens Should be combined with a community center. The lots allocated for educational campus Should be situated adjacent to one of the high schools or in an allocation of land Combined within elementary school and does not require additional Statutory plans do not zone land for religious buildings Comments Madares and Shkeirat Well-situated between Hai al- Location

Bimkom - Planners for Planning Rights 31 Sports pool 12.5 X 25-meter swimming Tennis courts Non-standard soccer field 700-seat sports hall Integrated sports grounds Athletics facilities Gymnasium Basketball court Functions Table 6: Program for public buildings (up to year 2030) 0.6 hectares 1,000 square meters 2 X 0.85 hectares 1,800 square meters meters 12 X 1,400 square meters 12 X 750 square meters 12 X 720 square meters 12 X 640 square Required lot area neighborhood 2. Small private pool operates in the Al Madares sub- building/and business permits 1. Private pool in Umm Leisun was closed due to lack of (mud puddle in winter) 2. A resident-initiated standard court in poor physical condition 1. There is one field in the Abeidieh sub-neighborhood. In the Al-Ahwa schoolyard (Sal’a) neighborhood classrooms. There is currently no gymnasium in the Boys’ elementary school gym has been converted into Current situation (Cont.) To be established in open public spaces To be established in open public spaces To be established in open public spaces grounds To be established in high schools grounds To be established in high schools Within elementary school court yeards Within elementary school court yards Within elementary school court yards Location

32 Planning Survey and Directions for Planning and Development in Jabel Mukaber ’Arab as-Sawahra Non-educational Public Buildings

As mentioned earlier, there is not a single public building in Jabel Mukaber ’Arab as-Sawahra other than educational facilities. Voluntary private associations, however, have developed complementary activities, such as a sports club that operates in a rented building in the Shkeirat sub-neighborhood, offering varied sports activities such as karate, soccer, etc. Those who can afford it enjoy a private sports center for women, including a swimming pool and gym classes.

The neighborhood has no meeting hall. As noted, the school gym was converted into classrooms some years ago. Every available space is utilized for teaching and all other functions are marginalized.

Recommendations:

❖ Immediate realization of the lots zoned in the approved plans for public buildings (according to residents’ priorities).

❖ Changing the uses recommended in the existing plans, so that adjacent lots could be combined to create a larger lot on which a new elementary school is to be built (see above).

❖ Allocating additional land for public buildings through re-planning the neighborhood.

❖ Providing additional building rights (in building percentages and number of stories) in lots zoned for public buildings, in order to make better use of land resources.

❖ Improving the existing schools, by adding rooms and halls for libraries, assemblies and sports activities.

❖ Implementing the program for public buildings, as proposed in this report.

Bimkom - Planners for Planning Rights 33 3. Roads

One of Jabel Mukaber ’Arab as-Sawahra’s central problems is the road system. The existing road network is poor, both physically and planning-wise. Only a small proportion of the roads were paved by the municipality, they are badly maintained and are full of potholes and ditches. The rest of the roads, paved by the residents themselves in order to allow access to their homes, are in even worse condition. Some roads are so steep that driving on them or even walking alongside them is a real danger (especially in winter). Yet in some places they serve as the sole access roads to education facilities, with many students climbing and descending them daily.

The approved plans for the neighborhood include a road network that is not sufficiently detailed. The distances between the planned roads are excessive, and consequently access to lots zoned for building and development is often impossible under the statutory plans. Thus a person wishing to build a home on land not adjacent to the roads marked on the plans is forced to pave an access road by himself. At the same time, even the roads marked on the plans have been only partially paved.

From a planning point of view, the planned road network should correspond with the roads already existing on the ground. Experience shows that it is more feasible to pave roads planned in accordance with existing roads than those that open up a completely new route. In most cases, existing roads are the outcome of agreements between landlords concerning allocation of their privately owned land for public needs such as roads. Hence, the existing roads must be taken into consideration when preparing a plan for the neighborhood.

A comparison of the planned and existing roads reveals that in many cases, it is no longer possible to pave the road along the planned route, as marked on the plans. In many places where planned routes deviate significantly from existing roads and pass through private land, residents have built houses on the lots zoned for the planned routes. Consequently, and unless large-scale demolition of existing homes takes place, the planned roads can no longer be built in their statutory route. In contrast, planned routes that are based on existing road system have been preserved and continue to function as roads.

As part of the planning survey, we studied the existing and planned road systems together with residents and planners from the neighborhood. In this analysis we examined both the planned and existing roads vis-à-vis the wishes and needs of

34 Planning Survey and Directions for Planning and Development in Jabel Mukaber ’Arab as-Sawahra the residents. The study’s results are as follows:

There are two general types of roads in the neighborhood (see: Illustration 8: Existing roads):

A. Existing roads that correspond with planned roads (statutory roads).

B. Existing roads that do not correspond with the plans.

The road system we propose in Jabel Mukaber includes five categories (see: Illustration 9: Proposed road network – statutory status):

1. Roads that are actually needed, which exist on the ground and correspond with the plans (type A roads).

2. Roads that are actually needed, which exist on the ground but are not marked on the plans. These roads require a change in plan to become statutory (type B roads).

3. Planned roads that are actually needed, but have not yet been paved.

4. Planned roads that cannot be paved along the statutory route. These roads require re-planning and change of route.

5. Other roads that are actually needed, and which require planning, statutory approval and construction.

We have also prioritized the proposed roads, according to their type: main roads, secondary roads, etc (see: Illustration 10: Proposed road network – road hierarchy):

1. Urban main road – the Eastern Ring Road (see below).

2. Urban arterial road that passes in the periphery of neighborhood and connects it to the city center.

3. Main road that cuts through the neighborhood and connects its sub- neighborhoods.

4. Secondary road within sub-neighborhoods.

5. Local road allowing access to residences within the built-up area.

Bimkom - Planners for Planning Rights 35 Residents of Jabel Mukaber ’Arab as-Sawahra wish to promote the proposed road network described above. They also asked, within the framework of this report, to specifically address two roads running through the neighborhood: The Eastern Ring Road and the American Road.

A. The Eastern Ring Road should be shifted eastwards

Many residents expressed reservations regarding the planned route of the Eastern Ring Road which will pass through their neighborhood, on land they privately own. They feel that this road is not actually needed, and will serve mainly others, who don’t live in Jabal Mukaber.

According to Plan No. 4858F, which was recently deposited, so that interested parties could file objections, the planned route of the Eastern Ring Road passes through the eastern periphery of Jabel Mukaber ’Arab as-Sawahra. In some areas, the planned route converges with the municipal boundary of Jerusalem. In one section, however, it deviates from the municipal boundary and cuts westward, into Jabel Mukaber proper. Consequently, an enclave trapped between the municipal boundary, on the one hand, and the proposed route of the Eastern Ring Road, on the other hand, will be created.

Jabel Mukaber ’Arab as-Sawahra residents living in the proposed enclave would suffer doubly: the Separation Barrier that follows the eastern municipal boundary will close them from the east. At the same time, in the west, the route of the Eastern Ring Road will separate them from their neighborhood. Thus, the enclave residents will find themselves locked by two large-scale projects that have far-reaching environmental and social ramifications.

The Municipality of Jerusalem and the Ministry of the Interior expressed their intention to permit development in an area adjacent to the enclave, between the American Road (see below) and the Eastern Ring Road. By this the authorities have actually defined a new development border for the neighborhood, which follows the proposed route of the Eastern Ring Road. While the decision to allow this area to be developed is sound, it leaves, to the east of the planned route of the Eastern Ring Road, existing small sub-neighborhoods and clusters of houses with no planning solution. If the proposed route of the Eastern Ring Road becomes the development border of Jabel Mukaber, it will be impossible even in the future to legalize the existing residential houses east to its planned

36 Planning Survey and Directions for Planning and Development in Jabel Mukaber ’Arab as-Sawahra route, within the framework of a statutory plan (see: Illustration 11: An alternative route for the Eastern Ring Road).

B. Transforming the American Road into a Commercial Road

Since the beginning of this decade, Jabel Mukaber ’Arab as-Sawahra residents and planners have been hearing about an intention to transform the American Road into a main commercial artery. This proposal has not yet been approved within the framework of a statutory plan. However, two new plans prepared by the authorities recently support this intention: The plan for the Eastern Ring Road (see above) that will ease the traffic going through the area, and the Jerusalem 2000 Outline Plan that zones some land east of the American Road for development. Together, these plans reinforce the feasibility of turning the American Road into a typical urban commercial street.

Already today, there are many businesses operating along the American Road. Hence the proposal to re-plan it as a commercial road is supported by residents of Jabel Mukaber ’Arab as-Sawahra

Recommendations:

❖ To prepare a new road plan for the neighborhood based on Illustration 9 that shows the desirable future network of roads.

❖ To explore the possibility of planning roads less than 12 meters wide in existing built-up areas.

❖ To transform the American Road into a commercial road.

❖ To route the Eastern Ring Road as adjacent as possible to the eastern municipal boundary, in order to prevent the creation of an enclave.

Bimkom - Planners for Planning Rights 37

4. Open Public Spaces

The statutory plans for Jabel Mukaber ’Arab as-Sawahra allocate excessive lands (60-70% of their area) for open landscape. Conversely, they allocate no land for open public space, such as parks and playing grounds.

The residents of Jabel Mukaber are aware of the urbanization process occurring in their neighborhood. They therefore wish to expand the development areas at the expense of open landscape.

Experience has taught the residents that the open landscape areas are neglected and inessential. Their initial position was therefore to cancel all zoning for open landscape. Following our discussions on the role of open space in a city and the importance of playgrounds, sports and recreation areas, residents requested that the new plan for their neighborhood include open spaces in the amount required by accepted standards, but no more than that.

The following categories of open spaces are needed in the neighborhood:

1. Pocket gardens: small playgrounds for toddlers and children.

2. Public gardens: including playgrounds for soccer, basketball, tennis etc.

3. A central neighborhood park.

Pocket gardens: Pocket gardens should be situated in each and every sub- neighborhood, in a familial, protected environment. Since women do not customarily leave their neighborhood without male escort, this would enable them to take their children to a nearby public garden on their own. As the statutory plans for the neighborhood don’t zone land for pocket gardens, these could be developed in lots zoned for kindergartens and/or for other public needs. Another option is to develop small pocket gardens on lots zoned for residential purposes, in exchange for increasing the building percentage on the remaining part of the lot.

Public gardens: These large gardens include open spaces with plants, playground equipment and sports facilities. Such sport activities require larger

Bimkom - Planners for Planning Rights 39 space than is available within the sub-neighborhoods of Jabel Mukaber. In view of the neighborhood’s physical and planning state, such public gardens may be developed in the small streams running between the residential sub- neighborhoods. It is recommended to locate the public gardens at the upper part of the streams, in order to make them closer and more accessible to residents in the built-up areas. Fruit tree orchards may be incorporated as an integral part of public gardens, thus preserving the neighborhood’s unique landscape.

Plan No. 4885F for the Eastern Ring Road (see above) opens the way for other sites to serve as public gardens. This plan demarcates sites for surplus dirt and for landscape development. We recommend that these sites be used for the development of sports grounds and planted areas that would serve the residents of Jabel Mukaber.

A central neighborhood park: The Kidron Stream (Wadi Nar) runs east of the American Road. The approved plans designate this area for a sewage treatment facility and for open landscape. It appears that a broad strip along the stream could serve as a central neighborhood park. The convergence of the strip’s northeastern side with the American Road provides an extra advantage, by fostering opportunities for significant urban development through dialogue between the intensive nature of the commercial road and the open public space.

Recommendations:

❖ To reduce the extent of land zoned for open landscape and convert it for development of residential areas, public buildings, roads and public gardens.

❖ To establish a system of open spaces, consisting of pocket gardens, public gardens and a central neighborhood park.

❖ To designate private cultivated land as private open space that would serve as part of the open spaces system.

40 Planning Survey and Directions for Planning and Development in Jabel Mukaber ’Arab as-Sawahra 5. Agriculture

The neighborhood’s two main agricultural occupations are raising sheep and goats for dairy and meat, and farming deciduous fruit trees. Sheep pens are located at four focal points in the neighborhood, while orchards, which are scattered all around, are nonetheless found mainly in five large sites. The neighborhood’s existing statutory plans do not regulate or address agricultural activity (see: Illustration 12: Agricultural areas - existing pens and orchards).

As for the future, most residents feel that sheep pens are obsolete and will disappear over the next few years, and view the orchards as land reserves for future construction. Other residents express their desire to keep orchards as open spaces, thus preserving the neighborhood’s unique landscape.

Recommendations:

❖ To base the neighborhood’s future planning on a detailed survey that will define areas where agriculture is to be preserved.

❖ To designate private agricultural areas as open private land, and to integrate these as part of the open spaces system.

❖ To locate a site for sheep pens at the margins of the neighborhood.

6. Commerce and Employment

Jabel Mukaber ’Arab as-Sawahra’s existing statutory plans do not provide any solution for the needs of the neighborhood in the fields of commerce and employment. The approved plans cover an area of 460 hectares, but zone only one site of just 0.7 hectares for commerce. The plan’s orders designate this site as a seam zone between Jewish and Arab areas, and this definition led to its zoning as a commercial lot.11 In addition to this 0.7-hectare site, the map of the plan marks a 250-meters long strip of commercial frontage. This strip is situated at the western entrance to the schools street (in the Hai al Madares sub- neighborhood).

11 This explanation appears in the orders of Plan 2683a.

Bimkom - Planners for Planning Rights 41 Plan No. 2683a provides for the establishment of workshops and light industry on lots zoned for residential purposes, provided that “a special environmental survey is prepared and that the Department of Environment in the Municipality of Jerusalem is convinced that the proposed workshops and/or industrial facilities do not constitute a nuisance or an environmental hazard”. Plan No. 2691 does not address commerce and industry and these uses are not permitted within its boundaries. The total area where commerce is allowed in both plans is insufficient for such a large neighborhood.

Unsurprisingly, the situation on the ground is very different than the one proposed in the statutory plans. Commerce and businesses are scattered around the neighborhood, irrespective of the zoning of the land in statutory plans. In some cases, commercial activity takes place in areas zoned in the plans for commerce. However, as our survey demonstrates, commercial activity also takes place elsewhere, in areas that are not zoned for this purpose (see: Illustration 13: Business and commerce – existing situation). Small businesses such as grocery shops, haberdasheries and barbershops are scattered throughout the residential areas. Larger commerce and business areas are found along the American Road (mostly its northern part) and the Hai al Madares sub-neighborhood.

The residents of Jabel Mukaber wish that the above trends be strengthened. As mentioned above, many residents support the developing of the American Road as a commercial urban street. At the same time, they stress the importance of small businesses (grocery shops, green grocers, post offices, etc.) within the sub- neighborhoods. In addition, the road system proposed by the residents includes a new road connecting the neighborhood from north to south. Along parts of this new road, the residents wish to establish a new commercial frontage.

Recommendations:

❖ To allocate additional areas for mixed uses of commerce, business and residence.

❖ To transform the American Road into a commercial road.

❖ To establish an additional commercial road, where business activity will be less intense than along the American Road.

42 Planning Survey and Directions for Planning and Development in Jabel Mukaber ’Arab as-Sawahra 7. Infrastructure

Sewage Infrastructure: Most of the neighborhood’s homes are not connected to the sewage system. In certain places, the residents have built leaching cesspools, but elsewhere sewage flows downhill.

Water infrastructure: Many homes are not connected to the city water system. This is due to the prohibition in the Planning and Building Law to connect homes built without a permit to the water system. Most residents have found temporary alternative solutions, such as purchasing water (often, at exorbitant prices) from a neighbor who has a connection to the municipal water system; sharing a water meter; connecting without authorization to the water system, etc. These methods raise problems, both regarding water quality and relations between neighbors.

Roads and sidewalks: As noted above, a large part of the neighborhood’s road network is based on segments of roads that were paved by residents. The roads are narrow and steep. They lack sidewalks and are dangerous. The municipality has paved a small number of roads, but it does not maintain or repair them. Hence, the roads are in poor condition, full of potholes and ditches.

Road lighting: The neighborhood has relatively sparse road lighting, along main roads only. Twenty percent of the main roads and all secondary roads don’t have any street lighting.

To sum up, the neighborhood’s infrastructure is under-developed. Many homes lack a standard water connection; many are not connected to the city sewage system; streets are dark; roads are full of potholes and lack pedestrian sidewalks. Residents claim that they pay high municipal taxes, yet they enjoy almost none of the services that the municipality should provide.

Recommendations:

❖ Residents expect the authorities to provide, without delay, the services they are entitled to. Much of the infrastructure does not require a new outline plan; the authorities can begin immediately detailed planning and construction.

Bimkom - Planners for Planning Rights 43 8. The Separation Barrier

As recalled, the as-Sawahra tribe lives on both sides of the municipal boundary of Jerusalem, as set after 1967. Until the early 1990s, sheep owners who lived in Jabel Mukaber herded their flocks in the West Bank. Similarly, businessmen from Jerusalem established production plants east of the municipal boundary, and schoolchildren who live outside the city limits walked westward to school every day.

During the last decade of the 20th century, Israel began separating Jerusalem from its natural environment and preventing the free entry of West Bank residents into the city. This process reached its climax with the construction of the Separation Barrier, which created an impenetrable physical obstacle between the two parts of the tribe. Before the barrier was built, schoolchildren from Sheikh Sa’ed, a neighborhood outside Jerusalem’s municipal boundaries which belongs to the as-Sawahra tribe, attended schools in Jabel Mukaber. Since the barrier was built, this option exists only for Sheikh Sa’ed residents who hold an Israeli ID card and the required entry permits (Illustration 3: Neighborhood boundaries, p.16).

In Jabel Mukaber ’Arab as-Sawahra, the Separation Barrier follows the eastern boundary of the area of jurisdiction of Jerusalem, as set in 1967, although occasionally it deviates from the city’s limits. In some segments, the barrier consists of a concrete wall, a security road and a wire fence, while other segments include a system of fences at least 50-meters wide, without a concrete wall. One segment of the Separation Barrier in Sheikh Sa’ed is still in the form of a temporary fence, pending decision by court.

Like Jerusalem’s municipal boundary, the Separation Barrier separates families and communities. But while the municipal boundary lacks a physical presence on the ground and does not preclude travel from the east to the west and vice versa, the Separation Barrier is a physical obstacle that has serious negative ramifications:

1. In places where the route of the barrier deviates from the municipal boundary, some Jerusalem residents, who hold Israeli ID cards and live within the city’s municipal limits, remain on the eastern side of the barrier. Consequently, they have no access to the municipal services to which they are entitled.

44 Planning Survey and Directions for Planning and Development in Jabel Mukaber ’Arab as-Sawahra 2. Due to housing shortage, some Jerusalem residents, who hold Israeli ID cards, moved eastward, outside the city’s municipal boundary. As a result, they now live on the eastern side of the barrier, without access to services to which they are entitled. Some have even lost their Jerusalem residency.

3. Jerusalem residents who own agricultural land east of the city’s limits find it difficult to reach their land, now on the other side of the barrier, and to cultivate it.

4. Female (and male) West Bank residents married to holders of Israeli ID cards, who moved to their spouse’s home west of the separation barrier, are locked inside their homes, since they don’t carry ID cards that allow them free movement within the municipal boundaries of Jerusalem. They are also prevented from traveling freely eastward, to the West Bank, which is sealed by the barrier.

5. Within Jerusalem’s boundaries, the Separation Barrier has blocked off access to small sub-neighborhoods and clusters of homes that are isolated from roads and infrastructure, including the electricity and telephone network.

6. For years, members of the as-Sawahra tribe residing in the West Bank buried their dead in the central cemetery in Khirbet Ahmed as-Sahouri, within the municipal boundaries of Jerusalem. Although the tribe does not have an alternate cemetery, its members receive only rarely entry permits in order to bury their dead there.

At the eastern margins of Jabel Mukaber are several clusters of homes that fall within Jerusalem’s municipal area, yet were never connected westward by roads. The residents who live there continued using old roads that connected them eastwards to 'As-Sawahra ash-Sharqiya in the West Bank. The Separation Barrier has blocked off these access roads, as well the infrastructure that connected the residential clusters to the electricity and telephone network.

Recently, the electricity issue has been solved through the installation of a special line. However, these clusters of homes are still not connected to the telephone network and their residents are forced to use only cell phones. Moreover,

Bimkom - Planners for Planning Rights 45 residents’ isolation in this area remains most problematic. The restrictions on freedom of movement affect all realms of life, including infrastructure, work opportunities, education, medical services, familial and other social relationships and religious worship.

It is impossible to reach these houses by car, including school buses, ambulances, etc. Technicians and repair men cannot arrive there, and large, heavy products that cannot be carried in a private car, such as a refrigerators and cupboards, cannot be transferred to them.

While residents of these homes who hold Israeli ID cards are allowed to travel westward, there are no existing roads that enable them to do so. If they wish to reach the main built-up area of Jabel Mukaber or other western areas, they have three options: to walk a steep slope, to take a goats’ path, if there is one, or to travel by car along the security road that constitutes part of the Separation Barrier. In order to do so, they must obtain a special permit. After driving along the security road, they must cross the checkpoint eastward, to the West Bank, and then to turn back westward into Jerusalem through another checkpoint.

Recommendations:

❖ In view of the unbearable situation for the residents living in those isolated homes adjacent to the separation barrier, planning of a civilian access road and infrastructure for them is urgently required.

9. The Existing Large Green Space East of the American Road

In recent months, the planning authorities have been advancing a new plan for the large area, now zoned as open landscape, between the American Road and the planned route of the Eastern Ring Road. The new skeleton plan will serve as a framework for detailed plans to be initiated by landowners. The proposed skeleton plan will apply to an area of about 110 hectares. According to municipality officials, it will provide for the construction of some 1,500 new housing units.

46 Planning Survey and Directions for Planning and Development in Jabel Mukaber ’Arab as-Sawahra Recommendations:

As planning is currently underway in this area, we decided not to intervene in the planning details, but rather point out some priorities which the residents believe that planners should take into consideration:

❖ Planners ought to work in coordination and cooperation with neighborhood residents and their representatives.

❖ The area locked between the roads should be expanded by moving the route of the East Ring Road eastwards, as adjacent as possible to the Separation Barrier. This will allow many more of the existing homes to be included within the new plan.

❖ The new plan should incorporate the area of local plans submitted by landowners, even where approval of these local plans was denied by the authorities.

❖ The new plan should consider the entire neighborhood and respond to the needs of its residents. It should provide solutions for the shortage in public spaces in Jabel Mukaber.

❖ The residential zone in the new plan should provide for a high urban density, thus allowing the construction of a large number of housing units.

❖ The American Road should be transformed into a commercial road with extensive construction.

❖ Flowing sewage in Wadi Nar (Kidron) must be piped, and a large park developed above.

❖ The sub-neighborhoods adjacent to the Separation Barrier should be connected westward, to Jabel Mukaber proper, through roads.

❖ The new plan should designate a site for flocks and sheep pens in the neighborhood’s eastern margins.

❖ Many parcels in this neighborhood are owned by Silwan residents. Therefore representatives of Silwan landlords should take part in the planning process.

Bimkom - Planners for Planning Rights 47 48 Planning Survey and Directions for Planning and Development in Jabel Mukaber ’Arab as-Sawahra E. Summary and Conclusions

The existing statutory plans for Jabel Mukaber ’Arab as-Sawahra are problematic and inadequate. Rather than forming a framework for development and construction, the approved plans constitute a restrictive factor that hinders building. The existing statutory plans may be suitable for a village characterized by low building densities, but they fail to meet the needs of a neighborhood like Jabel Mukaber, which experiences an accelerated process of urbanization.

In meetings held as part of the planning survey, Jabel Mukaber residents acknowledged the fact that their neighborhood is undergoing urbanization and consequently losing its rural characteristics. They expressed their wish to continue and strengthen this trend by means of a new, updated plan. At the same time, they want to preserve the rural nature of some areas (parks and streams), where the former character of Jabel Mukaber and its past landscape continue to exist, albeit on a smaller scale.

The planning survey report includes a wealth of information concerning the reality in the neighborhood, the gaps between the statutory plans and the situation on the ground, and optional directions for development. The document is based on planning data collected and analyzed, as well as on other information that was gathered from neighborhood residents through questionnaires, general meetings, personal conversations and working groups.

In the vision of Jabel Mukaber residents, preparation of the new statutory plan for the neighborhood must involve the residents themselves. Public participation, as was done in the planning survey, constitutes a preliminary phase that prepares the ground for a deeper process, which should include guided planning workshops, consultations, round tables, etc.

We hope that the planning authorities in general, and the District Planning Bureau in particular, recognize the essential need to re-plan Jabel Mukaber, as well as the importance of involving residents in the planning process.

Bimkom - Planners for Planning Rights 49 50 Planning Survey and Directions for Planning and Development in Jabel Mukaber ’Arab as-Sawahra