Amendment 116 to the Building & Planning Law

East Jerusalem: Tightening Enforcement without Any Improvement in Planning
Amendment 116[1] to the Planning and Building Law, 5725-1965 (hereinafter “the Planning and Building Law” or “the Law”) is a comprehensive amendment of the chapter on enforcement in the Law, which was prepared following a Government Resolution regarding economic development in the Arab sector. The Amendment applies throughout the State of Israel and East Jerusalem and ostensibly has no particular designated community. However, the backdrop to its enactment attests to the fact that the Arab population was the primary designated community.
This document will relate to the Amendment of the Law in view of human rights, in general, and the Palestinian neighborhoods of East Jerusalem, in particular. We will demonstrate that in the government’s view, tightening enforcement is legitimate, inter alia, in light of the ostensible improvement in planning in Arab localities and how this view is detached from the reality of Arab localities in Israel, and especially in East Jerusalem – where government budgets[2] were not allocated for improving planning and all obstacles to licensing building have remained unchanged.