Statement on Demolition in Silwan from Madaa Silwan Creative Center

This statement from MECA's partner in Silwan details the destruction of a community space MECA helped build in Silwan, East Jerusalem, known as the “cultural café.”

On Monday morning at 6am, Israeli authorities demolished the Wadi Hilweh Tent, four animal shelters and playground which were part of the Madaa community center. The compound was in its place since February 2008.

This statement from MECA's partner in Silwan details the destruction of a community space MECA helped build in Silwan, East Jerusalem, known as the “cultural café.”

Shortly after the tent was erected in 2008, a demolition order was issued by the Jerusalem Municipality which the community appealed and the Israeli court decided in favor of the community.

In 2011 the Center received a cleaning order by the Israeli Nature and Park Authority which, like the Municipality, considers this land green area, and the Wadi Hilweh neighborhood is all within a declared National Park. After having received the cleaning order, the space was cleaned, renovated and the tent was improved through a wooden structure. Since the improvements were made, neither the Center nor the owners received any formal statement which would suggested a demolition is coming up, till this morning when a bulldozer rolled into Silwan accompanied by members of Special Forces. Moreover, the owners and members of the Community Center were denied to see or review the official demolition order.

Four years ago, the Jerusalem Municipality tried to seize the land, together with another 7 lots in Silwan, for parking lots. The excuse was a bylaw, according to which the Municipality can seize lands for parking in case the owners refuse to make any other use of the land. However, the court cancelled the seizure order, because the owners were prevented, by the Municipality planning itself, from making any development of the land. The Municipality appealed against the cancellation and the case is still pending. Meanwhile, the rightful owners of the land, a Palestinian family, lent their land to the Madaa Community Center for the purpose of communal activities, such as providing a venue and platform for the community members to interact, organize cultural events, educational meetings and give space to the children to play, etc.

According to Hagit Ofran (Peace Now, Settlement Watch) who was present during the demolishment, the demolition of the Wadi Hilweh Tent was orchestrated by Evyatar Cohen, head of the Jerusalem district of the National Parks Authority and formerly senior manager of the Elad Association (Settlement Organization). Ms. Ofran also mentioned that the Jerusalem Municipality instead of using regular demolition orders has recently begun using, as a pretext to demolition, a special municipal bylaw for maintaining cleanliness. This method bypasses the need for acquiring regular demolition order which would allow the owner to involve the courts.

This morning we witnessed once again a clear bias and discriminatory treatment by the government of Israel and Jerusalem Municipality. If as suggested, no structures without official building permits can stand in the “green area” and is illegal; why is it the structures belonging to the Jewish Settler community in Silwan not treated in the same manner? The Settler’s community compound which resembled the Wadi Hilweh Tent stands roughly 50m from where the demolished Palestinian tent once stood; in the same “green area” (see the 2 pictures here left and below); a community tent with BBQ area and wooden structure available for settlers and their families and some of the visitors of the settlers controlled touristic site, which should offer them space to relax.

As for the question did the Center have an official building permit for the wooden structure – the answer is NO. (The Center or owners would not have been able to get any permits, since the area is considered “green” by the Municipality).

However, since the court decision in favor of the Community Center in 2008 and the start of the renovation and the set up of a playground in 2011, was the Center or house owner ever asked to show the Authorities any permits for the ongoing renovation – the answer is NO too.

In the meantime was the Center given any additional formal demolition order for the new structures – the answer is NO again.

At the same time, did the settlers ever obtain a permit for the “visitor center” they erected at the heart of the neighborhood? The answer is No. Did they receive a permit for their newly built kiosk? The answer is No again.

But what are the chances of a Palestinian getting such a permit in East Jerusalem in the first place; – the short answer is almost ‘zero’. Some Israeli Human Rights Organization talk about this issue and try to create awareness. Also a councilman called Dr. Meir Margalit is currently working on a piece providing data to support and showcase the discrimination in regard to giving out building permits to Palestinians.

Since 2002 the situation for Palestinians has gotten even more difficult in obtaining building permits. One of the main obstacles in getting these permits is the fact that large swath of East Jerusalem had been condemned:
• “unfit for building”,
• “green areas” (such as huge portions of Silwan), or
• “open space”, where construction is forbidden (see PASSIA p. 409 or check No Place Like Home – House Demolitions in East Jerusalem by ICAHD for more information), despite the fact that Palestinians were already living in these areas.

According to Peace Now (Interim Summary of Barkat’s Term – Threatening the Two-State Solution, May 2011), since 1967, Israel initiated however the planning and construction of some 50.000 apartments for Jews in East Jerusalem, but only 700 for the Palestinians. We have not even talked about public space, green area, and community space or play grounds for Palestinians yet. The Municipality consistently neglects and fails to respond and meet the needs and protect the rights of taxpaying Palestinians in East Jerusalem. When the Palestinians realize the fact and insist on their rights as tax payers and become pro-active and create a little space for the children to play safely; in other words do the work the authorities fail to deliver, even then, instead of encouragement and gratitude, the owner and community are left with a destroyed community center, playground, animal shelter and a fine of at least a dozens of thousands of Shekels to cover the bulldozer costs.