Showing posts with label West Bank settlements. Show all posts
Showing posts with label West Bank settlements. Show all posts

Monday, September 30, 2013

Israel’s Other Land Grab, by Letty Cottin Pogrebin, Moment, Sept-Oct, 2013



Opinion

In August, despite the fragility of the newly resurrected peace talks between Israel and the Palestinian Authority, the Israeli government announced plans to build 1,187 new housing units for Jews in East Jerusalem and the West Bank. This came hard on the heels of the 1,096 new units promoted by the Israel Defense Forces [IDF] Civil Administration and the 91 settlements the government recently added to the “national priority list,” presumably rendering them non-negotiable.

With the eyes of the world focused on this defiant expansion of Israeli “facts on the ground,” few were paying attention to a simultaneous land grab taking place in the Negev: Israel’s systematic expropriation of areas that for generations have been inhabited by Bedouins.

On my first trip to Israel 37 years ago, I was hosted for dinner in a Bedouin tent in the desert. Our delegation of eight or ten American media types sat on beautiful hand-loomed rugs. We ate with our hands.  We heard about Bedouin culture and traditions.  The men who sat with us in that tent (the women were behind a curtain, though we saw one peeking out) were warm, welcoming and responsive to our questions. Only later did it occur to me that our travel agent or the Israel tourism authority was paying the Bedouins to exhibit their “native” ways to visiting foreigners. And while other stops on our itinerary—Masada, Mea Shearim, Rachel’s Tomb—were introduced with extensive background information, the Bedouins were presented as ethnic exotica, a people without a history. Only later did I wonder how they really felt about these encounters.

Since then, the Jewish state seems to have become markedly less appreciative of Bedouin culture and traditions. Hundreds of times over the last few years, Bedouin homes and villages have been summarily demolished by IDF and Jewish National Fund (JNF) bulldozers.

Media sources and advocacy groups such as the Association for Civil Rights in Israel, the Campaign for Bedouin-Jewish Justice in Israel and the New Israel Fund report that Bedouins have been beaten, shot and forcibly evacuated from their ancestral lands so that this fertile area can be developed for Jewish agricultural development, JNF forests and Jewish habitation.

In 2007, the government appointed the Goldberg Commission to address the Bedouin “problem.” (Needless to say, there were no Bedouins on the commission.) Their findings led to the Prawer Plan, a proposed law that would relocate up to 40,000 semi-nomadic Bedouins, concentrating them in seven “officially recognized” urban townships that rank at the bottom of every Israeli socioeconomic measure, with an infant mortality rate four times worse than that of any Jewish Israeli community. Last June, the Prawer Plan passed its first Knesset reading by a slim majority. The final two readings needed in order for the Knesset bill to pass are expected in October.

Somehow, it’s unthinkable to evacuate thousands of Jews from their West Bank settlements in the interests of Israeli-Palestinian peace. But expelling 40,000 Arab Israeli citizens from their homes for the sake of Jewish development is considered a great idea. Moreover, Israel presents its transfer policy in a benevolent light, as if by trashing Bedouin dwellings, the IDF is expelling these noble savages from their “primitive” habitats for their own good.

Mind you, I’m not romanticizing the Bedouins. They don’t just keep their women behind a curtain, they keep them uneducated, isolated and cut off from modern health care. And though they are not responsible for their extreme impoverishment and rampant unemployment, these conditions have spawned alarming rates of criminal behavior and drug use.  Altogether, it’s not a pretty picture.

Likewise, I’m mindful of the legal complexities of the land use issue. The Bedouins don’t hold title; their system of land acquisition and ownership recognition is based on oral agreements that date back to the Ottoman Empire. Expecting them to produce airtight proof of ownership of territory they’ve inhabited for centuries would be like asking American Indians, who believe the earth cannot be owned, to produce a deed from Christopher Columbus, or asking the Australian Aborigines, who mark territorial borders by transmitting “songlines” known only to the indigenous tribes, to produce transmittal documents signed by the British.

The bottom line is that Bedouin Arabs are citizens of the state of Israel. Some of their elders fought with the Palmach. Many Bedouin men have volunteered for the IDF, serving as trackers and defending the country’s borders. Yet these peaceful, loyal citizens are being targeted for internal dislocation on the basis of their ethnicity, race, religion and normative social arrangements.  And Israel shows little respect for their historic ties to the land.

Rather than herd them into the seven ghetto-like “recognized” villages with inadequate services, pathetic infrastructure and few jobs, Israel should improve the conditions of everyday life for Bedouins in the 35 “unrecognized” villages. The government should invest in Bedouin roads, schools, job creation and health care and connect these villages to the Israeli water, sewage and electricity systems.

Likewise, rather than turn a blind eye to the ongoing injustice of forcible Bedouin dislocation, American Jews should think twice before buying a tree from the JNF in a forest that may have been created on the ruins of Bedouin homes.

And we should insist that our communal organizations address both the moral and political dimensions of this issue. Israel cannot claim to be “the only democracy in the Middle East” if it continues uprooting thousands of its citizens against their will.


Letty Cottin Pogrebin’s latest book is How to Be a Friend to a Friend Who’s Sick. She is currently working on a novel.

Published here in Moment magazine, Sept-Oct 2013

Tuesday, November 15, 2011

West Bank Settlement Is Outdoing Its Neighboring Bedouin Village, by Ilana Hammerman, in Haaretz

Dozens of people in Umm al-Khayr live in grinding poverty, next to a few hundred people to whom Israel has generously supplied, in the heart of the desert, the amenities for leading a comfortable modern life.

"And there was a man in Maon, whose possessions were in Carmel; and the man was very great, and he had three thousand sheep, and a thousand goats; and he was shearing his sheep in Carmel. Now the name of the man was Nabal; and the name of his wife Abigail; and the woman was of good understanding, and of a beautiful form; but the man was churlish and evil in his doings ... " - 1 Samuel 25:2-3

A tall girl emerged from the doorway of the large one-story house and stood on the tiled space in front. Though palm trees and verdant bushes were all around, there was no shade and the girl stood under the broiling sun. Her clothes divided her lean figure into two: a dark blue blouse with a closed collar and long sleeves; this contrasted with the flaring white skirt that reached halfway down her shins. On her feet were rubber flip-flops. Apart from the skirt, everything about her was dark, including her long brown hair loosely gathered at the back, olive skin and large eyes. She reminded me of one of the girls I had seen in the morning in the village on the other side of the fence. We stared at each other.

"How old are you?" I asked her. "I will be 7 on the 23rd of Tamuz," she replied, lifting one shoulder and tilting her pretty oval head toward it, while charmingly arching her back. "You're cute," I told her. She was silent.

I knew I should explain to her my sudden appearance next to her house - a strange woman in this small settlement where everyone surely knows everyone else. "I'm just on an outing here," I said embarrassedly. "I wanted to see your place. I'm from Jerusalem."

She said nothing. "Do you live here?" I asked. "Yes," she replied. "And what's it like, do you feel good here?" Another stupid question. She gave me a quizzical look and said nothing. "Where do you go to school?" I asked her, trying to find a thread that would connect us across the garden and yard between us. "In Susya," she said - the neighboring settlement. Her reply reminded me where I was and snapped me out of the vacant state of mind I had fallen into after the electric gate of the settlement of Carmel, the little girl's home, let me in a little while before. "Shalom," I said, then went back to the car and hightailed it out of there, first along the access road leading from the house, then onto the street and out of the settlement.

I didn't know anyone yet in Carmel, a gated community south of Hebron in the West Bank. I had entered alone, and after driving once and then twice through its three streets, or maybe four or five, I lapsed into a kind of reverie brought on by my increasingly surrealistic surroundings. No living creature - neither man, woman, nor child, neither dog nor even a stray cat - could be seen on the clean, tidy streets and tiled sidewalks that curve into convenient parking bays. The garbage bins, too, stand implacably in their appointed places, and on both sides are handsome homes with red-tile roofs, most of them nestling amid lush green lawns, trees and bushes.

The streets end at a no-man's-land that circles the settlement, demarcated by a barbed-wire fence. On the other, eastern side of one section of the fence, and almost abutting it, are large tents, tin shacks, lean-tos and makeshift goat pens. Between them, walking or running, were boys, girls, women and teenagers. They are from the Hadaleen Bedouin tribe, next to whose meager dwellings Carmel was established some 30 years ago.

Since then the settlement has taken root and grown. It is now expanding again and continuing to usurp the land of its neighbors, who lived at the site decades before the settlers arrived. Amid the desert vastness, the settlers craved precisely this piece of land. The charming little girl I encountered that day was born and raised there, and my faltering conversation with her next to her house - from which neither tin shacks nor tents are visible - hurtled me back to reality.

Right next to the stately country homes - complete with air-conditioning, drip-irrigation gardens and goldfish ponds - a few extended families including old men, old women and infants live in dwellings made of tin, cloth and plastic siding, though there are a few cinder-block structures, too. They tread on broken, barren ground. They have no running water. They are not connected to the power grid that lights up every settlement and outpost in this remote region. They have no access road.

To get to them, take the asphalt road leading to Carmel's large chicken coops that abut the Bedouin site on the north, and turn off amid the rocks and potholes. Then drive until you see them, "the two clusters of Bedouin," as they are described in an official Defense Ministry document (see box ). Dozens of people live here in grinding poverty, next to a few hundred people to whom Israel has generously supplied, in the heart of the desert, the amenities for leading a comfortable modern life.

Why were they connected in this way - that is, the settlers to the Bedouin? Are there no other places in these expanses for settlement? There is only one reason: They want the Bedouin to leave. They, the settlers. They, the State of Israel. They, us, the people of the State of Israel, all of us. Because the settlers are not alone: Behind them are the powerful, sophisticated forces of a whole country, our country, propelled by its army, laws and all the mechanisms of government that make the Bedouin's lives so unbearable that they will finally get out.

Demolition order for a stove

The families in the Bedouin hamlet of Umm al-Khayr came here more than 60 years ago after Israel expelled them from the Arad Rift to Jordan. After wandering about, they settled in this arid desert region known as the South Hebron Hills. They acquired the land from residents of the nearby town of Yata in return for camels or money - each family and its story, each family and the legal papers it has or doesn't have.

People have lived here like this for generations, and no government authority was ever strict with them about ownership. In any case, no one disputes the fact that they were here, in their desert home, when Israel reached them for the second time, after the war in 1967. Still, the state and its citizens didn't crave their land immediately.

The Bedouin went on living as before for 14 more years until in 1981, when, after decisions by officials, committees and ministers, Carmel arose next to them. As the settlement developed and expanded, so too did its hold on land where the Bedouin lived or grazed their sheep and goats. With the settlers came the infrastructure for electricity, water and sewage, reaching the fence. A few years later, military orders began to rain down on the other side of the fence.

Almost every structure here, even the small lavatories built recently, has a stop-work or demolition order hanging over it. All the orders are based on Article 38 of the Towns, Villages and Buildings Planning Law, which states: "If the local committee or the district planning committee discovers that the construction of any land [sic] or the construction of a building is being executed without a permit or contrary to what a permit stipulates or contrary to valid regulations, orders and directives, or contrary to any approved planning and/or construction project, the relevant committee or its chairman, or any official authorized to act in its name, shall issue an operative warning against the owner, the contractor, the possessor and the foreman .... In particular, the warning shall contain a demand to remove, demolish or change the building or work or to desist from using the said land and to desist from further construction activity."

In short, all the violations that the law - promulgated by a state that considers itself law-abiding, a properly administered state in a region of backward countries and despotic regimes - sought to terminate via demolitions, changes and stop-work orders were apparently perpetrated by the Bedouin. From tent to urinal, from lean-to to wood-burning outdoor stove, everything here was built illegally, without planning and contrary to regulations, orders and directives. Accordingly, the owners and/or holders of these "assets" received detailed orders citing section and plot numbers - even in this forlorn area there are lawfully measured parcels of land - along with type and size of structure.

One such order, for example, refers to "a tent made of iron poles with a cloth roof and a tent made of iron poles with a total area of 70 square meters." Another order challenges the legality of a lavatory - "a tin structure of two square meters" - and of two small tents "with an area of 12 square meters and six square meters." A third, incredibly, takes issue with "a structure made of stone that serves as a tabun," a wood-burning outdoor stove.

That last injunction, issued a year ago, was a stop-work order. But the tabun had been built many years earlier and had been in constant use by a family living nearby. So what did the order mean? According to the stove's owner, it was the family's bad luck that the baking aroma, which is sometimes carried by the wind, irritated the noses of the residents of the new neighborhood in Carmel.

So the settlers took a series of measures. First they threatened their neighbors and made demands, then they broke the structure's clay vessels, then they turned to the state. The state acceded and issued an order from "the Civil Administration for the Judea and Samaria region, Supreme Planning Council, subcommittee for supervision." In other words, a standard order representing a whole hierarchy of authorities that the state has ostensibly made responsible for maintaining law and order in the occupied territories. But these authorities, like the laws themselves, are designed to serve the material and ideological interests of a certain segment of the population who are the authorities' agents and who, for more than four decades, have been implementing every government's annexationist policies in the West Bank. In Umm al-Khayr the tabun and most structures are still standing because they are the subjects of legal proceedings - lengthy, expensive and absurd - that have been going on for years. But every so often the orders are carried out. The last time was two months ago, on the morning of September 8. People from the Civil Administration arrived at Umm al-Khayr with a bulldozer, and soldiers demolished three of the structures previously mentioned: the lavatory, a tent and a tin shack that was home to a family of 10. The wreckers told the villagers they would be back soon for another round of destruction.

Some structures have been demolished once, twice or three times and then rebuilt. The inhabitants refuse to leave. The settlers, acting as if the Bedouin aren't there, continue to create facts on the ground. And it's all sanctioned by law - the state has allotted the settlers large tracts, marked by blue lines on the maps as the regulations require, and the state and its army help the settlers entrench their grip on the land.

So the Bedouin are brutally victimized. Their homes are demolished, the concrete sides of their water cistern are cracked, their fence around a meager plot they are working despite the drought is ripped out, and their shepherds are driven off. Some of these acts are perpetrated by the authorities and the army, some by the settlers. Everything is done openly and is documented on film, though few eyes seek to view the results.

Closed military area

At the settlement of Carmel, why is it that on one side of the fence, roads, homes and public institutions have been built and gardens planted, while on the other side even a stone stove and tin-hut lavatory are fated to be destroyed? Is everything built on one side legal and everything built on the other side illegal? In a word, yes. Precisely for this reason, during Israel's rule in the West Bank, an array of judicial, legislative and planning tools have been perfected: to legalize - in advance or retroactively - Israel's civilian takeover of 43 percent of the West Bank. No less, maybe more.

Carmel is just one example, a good one. First the land was grabbed in a "military seizure" order; then, in January 1981, a Nahal paramilitary outpost was set up there. Then the outpost was "civilianized." The land itself had already been "civilianized" earlier. At the end of 1979, assessors and surveyors assigned the area a new status - "state land" - which, in total contradiction to the international law that applies to occupied territories, koshered Israeli civilian settlement in an area in which the army is sovereign. Most settlements in the West Bank then received the same validation.

The areas designated as state land are made available only to Jews, and they are distributed generously. The land controlled by the settlements extends far beyond their built-up areas and is many times the size of the settlement itself. In Carmel, for example, the built-up area constitutes only one-eighth of the land allotted to the settlement. This "jurisdiction area" has long, grasping tentacles - as can be seen in Civil Administration data - all of it classified in a special order as a "closed military zone."

Closed to civilians? No. Like all Israeli settlements in the West Bank, it's open to every Israeli, civilian or soldier, and to whoever "is eligible to immigrate to Israel under the provisions of the Law of Return or possesses a valid entry visa to Israel." It's closed to all other human beings. Above all, it's closed to the Bedouin of Umm al-Khayr, who are not Israelis and are not eligible to immigrate under the Law of Return and don't have an entry visa to the Jewish state. So these people, who have lived here all their lives, are having more and more problems residing in their dwellings - which are designated for demolition. And they're also having problems grazing their sheep, their main source of livelihood. The last time I visited the village I saw a herd of goats returning in the heat of day from pasture. I watched them from afar as they took a very long, twisting path. The shorter route passed the spot where I was standing, but here, in the middle of nowhere, there is a standard, albeit tilting, road sign that states: "No entry." To whom is the sign conveying this information in this wasteland? Someone who must have wondered the same thing pasted the picture of a goat on the sign. In other words, from this point on there is no passage for herders and their animals.

Yes, this empty zone, a long way from Carmel's latest new homes, is in the settlement's area of jurisdiction. This year, on Tu Bishvat (Jewish Arbor Day ), the settlers planted a few trees and set out wooden tables and benches for anyone who wished to relax here, precisely here. The result is that the shepherds and goatherds must take another wider bypass in addition to the bypasses the built-up area and fence already impose on them.

It's here that the main violent confrontations have been taking place. Because there is no fence in this zone, the settlers and army show the Bedouin their limits by shouting, pushing and kicking. These actions can be seen in visits to the area or in photos and videos on the Internet.

An idyllic situation, at first

I returned to Carmel a week later - this time, at my request, as an invited guest. My host, Ron Tzurel, received me with genuine cordiality. He has lived in the settlement from its inception and in 1979 worked for a short time with the surveyors who delineated the "state land" where his home was later built. His house is one of the closest to the fence and thus to the Bedouin's tents and tin shacks. Their desolate soil abuts his garden and he is friendly with a few of them, speaks their language and helps them out occasionally. He says he is grieved by their plight and wants to see their conditions improved.

In the beginning the situation was idyllic, Tzurel told me. The Bedouin worked in the settlement and earned a decent wage; the settlers even hooked them up to their water system. But long ago something bad happened. A Bedouin man named Ibrahim was arrested on suspicion of doing something prohibited. He never returned to his family in Umm al-Khayr, and to this day Tzurel doesn't know what Ibrahim allegedly did. In any event, the water supply to the Bedouin was cut off and that was the end of the neighborly relations.

Now, years later, all we hear - and see - from the Bedouin across the fence are complaints about harassment by the army and settlers. But Tzurel is a believing Jew and the return of the Jewish people to their land is for him an auspicious development, a great and joyful event. So it's inconceivable, he says, that it should entail injustice - there is room here for both Carmel's residents and the Bedouin.

Indeed, from his big living-room door that opens onto the garden, the desert's endless vistas are visible beyond the Bedouin's nearby hovels. He didn't ask why the Bedouin don't move there and I didn't ask him why he had come to this particular place. I did ask him about the settlement's new neighborhood, which is also visible from his house and which is causing the Bedouin further problems. He replied by citing a fact about which there's no doubt: The neighborhood was built legally, within Carmel's area of jurisdiction.

Tzurel is both a law-abiding man and a visionary; the two traits sit very well together here, from his viewpoint and to his satisfaction. The state gave the settlement this land and it must be settled with as many Jews as possible. That's the great vision, the dream that is coming true. And it's coming true here on both sides of the Green Line, which is unmarked and unknown in this part of the country.

My affable host showed me this clearly when he drove me in his pickup to see the area's agricultural wonders, from the cowshed run jointly by the settlements of Carmel and Ma'on, to the crops grown jointly by the settlements of Carmel, Ma'on and Beit Yatir. The cowshed is to the north of the vanished Green Line, atop a hill between Ma'on and Carmel; the fields stretch out to the south of the line in the Arad Rift.

The settlers have developed a model farm on both sides of the irrelevant line. The cowshed - clean, spacious and state-of-the-art - produces millions of liters of milk a year. Using an innovative method that treats the cows' solid and liquid wastes, it also produces high-quality compost to be used as fertilizer. The milk is marketed by Israel's giant Tnuva cooperative. The compost is used mainly to fertilize the fields of the three settlements in the Arad Rift. The fields are worked magnificently and are saturation-irrigated with water from purified ponds, originating in the liquid sewage of the nearby city of Arad.

Tzurel showed me all this during the long tour he gave me. He was proud but not arrogant. He's a dyed-in-the-wool farmer and highly knowledgeable, and his explanations were clear and interesting. In the Arad Rift he also pointed out the Bedouin tent encampments scattered at the fields' edges. With his accustomed sincerity he told me that the fields had been given to him and his colleagues in the Nahal group back at the end of the 1970s, to place these areas in Jewish hands and prevent the Bedouin from taking them over. They were then also given the land on the other side of the Green Line, because that's where they chose to settle, where they believe to be the site of the biblical settlement of Carmel. They chose to build their homes in the conquered territories, which they believe were given to the Jewish people, together with the whole land.

The result, as I could clearly see, is that they now have a hold, to their hearts' and spirits' content, on both sides of the Green Line. As for the deceptive, abstract line, it has been erased, it no longer exists - not only in their view but in the situation on the ground.

The dairy products and the fruit of the land are marketed by Israeli companies, and no boycott can separate them from the rest of the fruit of the land, while the Bedouin are being evicted. It's all part of one policy, consistent and systematic. One state rules here in full and its ways have not changed over the years. They are constantly fine-tuned and have long since made a laughingstock of the "peace process" and its stages, from Oslo to the various road maps.

On that day, in the company of Ron Tzurel, I felt defeated, but above all, I was forced to open my eyes. What you see in the land of the settlers, you don't have to see from Jerusalem and Tel Aviv. And even if you know what's there it's easy and convenient to ignore it. That was the main lesson I learned that day.

The second lesson is much harder to articulate. It came to me gradually, without coming fully into focus, when, after the tour, we chatted in Tzurel's living room. We listened to each other politely and patiently. Ron and two of his daughters, who at some point hesitatingly joined us, tried to persuade me in pleasant tones that, contrary to my hard-and-fast opinion, no gulf separates us. They are good, decent folk and advocate the same humane values as I do.

They are not racists, they are not Arab haters, and most of all, they are not extremists or zealots. This they took pains to emphasize. It's clear that they're genuinely sorry that I and many other Israelis refuse to see this and instead denounce and shun them.

I told them about the injustice against civilians in the West Bank that I have witnessed and documented for many years. They listened. Occasionally it seemed that Tzurel even grimaced with sorrow. In any event, they didn't justify those actions and didn't dispute what I said. They said something else: They simply don't know about all that. Nor does it especially interest them, Tzurel admitted. In this they are like most Israelis, he said, echoing something I had said a moment earlier. I had said that most Israelis don't know and don't want to know about these things. Well, they too are Israelis, so why do I think that the settlers are different from most Israelis? They too don't know and don't really want to know.

And I, who all this time could see from the corner of my eye the barbed-wire fence, the tents and the tin shacks on the other side, and also did not forget the military orders, the settlers and the soldiers who kick the goats and chase away the goatherds - I did not find the words to answer him on this. Because I couldn't see evil and wickedness in him, in this polite person sitting across from me at the family dining table and looking at me with his smiling, honest eyes. Suddenly I wasn't so sure I had a moral advantage over him: From my home in West Jerusalem I can't see what's happening in Silwan, Sheikh Jarrah, Ras al-Amud and Qalandiyah - an urban version of the things happening in the South Hebron Hills.

Like him, I too am responsible for the illegal laws of the state whose legislative and executive branches were elected by a majority of the members of my nation. The fact that he supports them and benefits from them directly, whereas I benefit indirectly, is not enough to create a moral buffer between us. He is not one of the shooters, kickers and rampagers under the army's protection, and he denounces them too.

True, those people are members of his settlement, but by the same token the dispossessors and harassers in the neighborhoods annexed to Jerusalem are residents of my city. And the Jews who turned the center of Hebron into a desolate ghost town, strewn with fences and roadblocks and filled with soldiers, bases and guard positions, are members of my nation and his nation. They're citizens of my country and his country.

So are the inhabitants of the settlements of Yitzhar and Har Bracha, outside Nablus, for whom infrastructure was built and roads paved on "state land" by the decision of an elected Israeli government "to expand settlement in Judea, Samaria, the Jordan Rift Valley, the Gaza Strip and the Golan Heights by increasing the population of the existing communities and by establishing additional communities on state-owned land."

All according to the law, in a law-abiding state.

Carmel

Source of name: Biblical

Type of settlement and organizational affiliation: Cooperative moshav, Amana (the settlement arm of the Gush Emunim movement)

Population: 417

District: Hebron

Municipal affiliation: Hebron Hills

Local government decisions:
1. September 14, 1980 − approval to establish the settlement
2. July 5, 1981 − approval for a civilian settlement
Date of establishment: As a Nahal outpost, January 1981; civilian status, May 1981
Land status: State domain lands, previously under military seizure order ‏(issued jointly with the Ma’on outpost‏)

Nearby outposts: None

Execution of valid detailed plans:
Plan No. 507 allows for construction of 81 residential units. Many structures do not conform to authorized plan ‏(residential structures in a green area and trailer homes in industrial zone‏). There are also 15 lots.
Builder: Housing and Construction Ministry, Rural Construction Directorate, Amana

Note:
1. There are five chicken coops and agricultural structures northeast of the settlement. They are not classified as irregular because they are agricultural structures consistent with provisions of Mandatory plan that applies to this area.
2. There are two clusters of Bedouin east of the settlement.

Source: Database compiled by Brig. Gen. ‏(res.‏) Baruch Spiegel


Read More: http://www.haaretz.com/weekend/magazine/west-bank-settlement-is-outdoing-its-neighboring-bedouin-village-1.395014

Saturday, July 9, 2011

How does the Israeli government use the law to confiscate land from Bedouin in Israel and Palestinians in the West Bank?

An Ottoman law dating from 1858 allows uncultivated land to be declared by the Israeli government as state land. Israeli Supreme Court rulings in 1961 (Badaran) and 1984 (Al-Hawashli) defined "uncultivated land" so narrowly that areas not within 1.5 miles of an inhabited settlement that existed before 1858 can be declared by the Israeli government as state land.


These rulings, together with other discriminatory laws passed by the Knesset, enabled the Israeli government to render all Negev Bedouin villages "illegal" and turned the Bedouin into "trespassers on state land," subject to forcible expulsion and their homes and villages to demolition.


The rulings have also enabled the Israeli government to "legally" confiscate land from Palestinian villages in the West Bank, making it available for "lawful" development (under Israeli law) for Jewish settlements - despite the fact that such settlements are universally regarded as violating international law.

Israel expropriates Palestinian land in order to legalize West Bank settlement: Ha'aretz








Move is Netanyahu government's first confiscation of land in the territories.

By Chaim Levinson

For the first time in three years, the state has confiscated uncultivated land in the West Bank. The land will be used to legalize a nearby settlement outpost.

Last week, acting on orders from the government, the Civil Administration declared 189 dunams of land belonging to the Palestinian village of Karyut to be state land, so as to retroactively legalize houses and a road in the Hayovel neighborhood of the settlement of Eli. This would seem to violate Israel's long-standing commitment to the United States not to expropriate Palestinian lands for settlement expansion.

An Ottoman land law dating from 1858 allows uncultivated land to be declared state land. This law, which is still in force in the West Bank, is what was used to carry out the expropriation.

According to last Sunday's decree, the lands in question belong to the village of Karyut. Hayovel was built on these lands in 1998 as a temporary outpost, and later permanent houses and an access road were built. A 2005 report on the outposts by attorney Talia Sasson concluded that Hayovel was built on private Palestinian land.

After the Peace Now and Yesh Din organizations petitioned the High Court of Justice against the construction in 2005 and 2009, the Civil Administration reviewed the land's legal status. Since Jordan, which ruled the West Bank from 1948-67, had never registered them in its land registry, the Civil Administration reclassified them as under review. This meant that any place that was still cultivated in the late 1990s would remain private land, but the rest could be declared state land.

In 2004, then-Prime Minister Ariel Sharon promised U.S. President George W. Bush to stop this practice, and this promise was later reiterated by his successor, Ehud Olmert. In his speech at Bar-Ilan University in 2009, Prime Minister Benjamin Netanyahu said, "We have no intention to build new settlements or set aside land for new settlements. But there is a need to have people live normal lives and let mothers and fathers raise their children like everyone in the world."

This is the current government's first such expropriation of lands. The last lands to be similarly expropriated were 20 dunams near Betar Ilit that were declared state land in November 2008 to allow the construction of a gas station.

The declaration is another move toward retroactively legalizing Hayovel. The Palestinians now have 45 days to appeal to the military appeals committee. But the road to full legalization is still long, as the entire settlement of Eli lacks an approved master plan.

Peace Now chairman Yariv Oppenheimer said Netanyahu and Defense Minister Ehud Barak were going to great lengths to legalize isolated outposts deep in the territories, even if this involves land expropriations, but "as far as evictions are concerned, the state is dragging its feet." He said this will encourage settlers to keep building illegally.

Eli's mayor, Kobi Eliraz, said he is glad the state is making progress toward formalizing the status of the Hayovel neighborhood.

Published in Ha’aretz, July 8, 2011

For background on the state-funded building of the illegal settlement outpost of Hayovel near the West Bank settlement Eli, on privately-owned Palestinian land, see "New Support for West Bank Outpost," BBC, March 26, 2009

Friday, March 11, 2011

Media Advisory: JAFC urges Israeli & Palestinian leaders to respect human rights to vanquish terrorism & achieve lasting peace

For Immediate Release - March 12, 2011
Contact: Doni Remba, info@jews4change.com

Jewish Alliance for Change Condemns Murder of Israelis in West Bank

Urges Israeli and Palestinian leaders to respect human rights as vital to defeating terrorism and achieving a lasting peace

New York, N.Y. -- The Jewish Alliance for Change (JAFC) unequivocally condemns the horrific massacre of a family of five, including three children, at the West Bank settlement of Itamar. “There is absolutely no moral or legal justification for the murder of innocent men, women and children,” said JAFC Executive Director Doni Remba. “Even if settlements like Itamar violate international law, murderous attacks against civilians living in such settlements are crimes against humanity.”

As every major human rights group, including Human Rights Watch, Amnesty International and B’Tselem, has stressed for the last decade, deliberate attacks on Israeli civilians by Palestinians are “a flagrant breach of international humanitarian law.” “Targeting and deliberately killing non-combatants, including children and infants, is terrorism by any definition of the term, no matter what cause the terror claims to serve,” added Mr. Remba. “And we reject the argument that settlements and the occupation legitimize terrorism. Decent human beings reject such methods of warfare in all circumstances. Attacks directed against innocent civilians are always terrorism, and terrorism is always a heinous moral wrong.”

The rabbis of the Talmud taught that “the more justice, the more peace.” “Even a just solution to the Israeli-Palestinian conflict will not end all violence against Israel,” said Mr. Remba. “But it will significantly weaken Arab and Muslim extremists and reduce their ability to recruit and motivate others to engage in acts of terror against Israel.”

The Jewish Alliance for Change urges Israeli and Palestinian leaders not only to redouble their efforts to reach a just peace, but to recognize, through word and deed, the centrality of respect for the human rights of all people in Israel, the West Bank and Gaza to winning the battle against terrorism and securing a lasting peace. Peace without human rights for Israelis and Palestinians cannot stand. Peace without an abiding commitment to the democratic values of equality and human rights on which Israel’s alliance with the US and the West rests will not last.

The Jewish Alliance for Change co-sponsors with Rabbis for Human Rights-North America the Campaign for Bedouin-Jewish Justice in Israel. JAFC is a pro-Israel nonprofit organization that works to foster the American Jewish contribution to a flourishing global Jewish community, an America and a Jewish democratic Israel that respect the dignity of every citizen.

Background

For the last decade, as leaders of the Jewish Alliance for Change, and before that of other pro-Israel Jewish organizations devoted to peace and justice between Arabs and Israelis, we have spoken out forcefully against those who have sought to justify Palestinian terrorism. Starting with the outbreak of the Second Palestinian intifada in 2001, we were among the first, and for many years consistently the most vocal, to call to account the hypocrisy of those who criticized Israeli settlement and occupation policies but failed to condemn as war crimes Palestinian suicide bombings and other murderous attacks against Israeli civilians. (See "Mideast Forgiveness," Chicago Tribune, August 2, 2001; "Trib vs. Tribe," Chicago Reader, March 14, 2002; “Tribune Terrorism: Why Chicago Jews Are Mad as Hell,” March 7, 2002; and “Response to Chicago Tribune Public Editor Don Wycliff on Terrorism,” March 21, 2002.)

We are in complete agreement with this statement released by B’Tselem on March 12, 2011, “strongly condemning the killing of five Israeli civilians in Itamar”:

“Over the past ten years, Palestinian terror attacks perpetrated in Israel and in the Occupied Territories have killed hundreds and injured thousands of Israeli civilians, among them men, women, and children. Attacks aimed at civilians are immoral, inhuman, and illegal. Intentional killing of civilians is a grave breach of international humanitarian law and is considered a war crime that can never be justified, whatever the circumstances.Palestinian organizations seek to justify attacks on Israeli civilians by claiming the attacks are carried out in their struggle against the Israeli occupation. This argument does not justify the attacks and undermines the fundamental principle of international humanitarian law, according to which civilians must remain outside the sphere of hostilities, and therefore a distinction must be made between combatants and civilians and attacks directed at civilians are prohibited.

"These rules are part of international customary law and apply to every state, organization, and person. Some persons speaking on behalf of Palestinians argue that, inasmuch as the settlements are illegal and many settlers belong to Israel's security forces, it is permissible to attack settlers. This argument is groundless: the illegality of the settlements does not affect the civilian status of their residents in the slightest. The settler population is civilian and as such is entitled to all the protections that international law provides to civilians. The use that Israeli security forces make of lands on which settlements were built, or the fact that some settlers are members of Israel's security forces, does not alter the civilian status of the residents who are not members of the security forces, and certainly does not legitimize attacks on them.

"B'Tselem strongly objects to attempts to justify these actions by means of misleading arguments based on a distorted interpretation of international law and demands that the Palestinian Authority do everything within its ability to prevent such attacks.”

For statements by some of our friends and allies, please see:

For substantive statements:

Human Rights Watch: West Bank: No Excuse for Murder of Settler Family

Americans for Peace Now Statement: APN Denounces Murders at Itamar; Urges Leaders to Fight Terrorism and Negotiate Peace

B'stelem strongly condemns killing of five Israeli civilians in Itamar

For brief statements:

Meretz USA outraged by the murders in Itamar

Rabbis For Human Rights strongly condemns the terrible murders in Itamar

J Street Statement on Itamar Massacre

Jewish Voice for Peace condemns killing of settler family in West Bank

New Israel Fund Statement on Itamar Murders

Israeli blogger/journalist Dimi Reider rounds up the statements of various other Israeli human rights groups in "The activist Left must condemn the murder of the Itamar family."

Friday, January 14, 2011

The Vengeance of the Occupation, by Gershom Gorenberg, American Prospect

There's a limit to how long a fragile democracy like Israel can maintain an undemocratic regime next door, in occupied territory, before democracy at home is corrupted.

I know that the Yiddish writer Sholem Asch didn't intend his classic play, God of Vengeance, as an allegory about Israel and the impact of the occupation. The play was first staged 60 years before Israel conquered the West Bank. All the same, what's happening in the Jewish state keeps tempting me to read Asch's drama as an allegory.

In "God of Vengeance," a character named Yankel Chapchovich in an unnamed Eastern European town runs a brothel in his basement while trying to bring up his daughter as a chaste Jewish girl on the floor above. To protect her purity, he installs a Torah scroll in his home. His plan naturally fails: There's a limit to how much tribute vice can pay to virtue before the line between them vanishes.

Likewise, there's a limit to how long a fragile democracy can maintain an undemocratic regime next door, in occupied territory, before democracy at home is corrupted. A border, especially one not even shown on maps, cannot seal off the rot.

Take, for example, the Admission Committees of Community Settlements bill, presently before the Knesset. A "community settlement" is a kind of membership-only exurb invented by West Bank settlers. The community is managed by an association responsible for "preserving the character of the settlement," in the words of a late 1970s report from the Gush Emunim settler movement. New residents have to be approved by an admissions committee, to ensure a shared "ideological-social background," the report states. Residents enjoy "single-family homes, quiet streets, fresh air" in a community limited to a few hundred families -- an "island" of a "selected population."

The design made it possible to enforce ideological conformity and social snobbery at the same time. It was assiduously implemented in settlements across the West Bank, then imported to sovereign Israel. In particular, the government has used the community-settlement model in efforts to "Judaize the Galilee" -- to draw Jews to northern Israel, which has a large Arab population. The policy applies the concept of the West Bank settlement enterprise to part of Israel: The land is treated as an arena where two ethnic groups struggle for control, acre by acre; the Arabs are seen as a hostile population rather than as citizens.

The challenge to that approach came from Adel and Iman Kaden, a couple from the Israeli Arab town of Baqa al-Gharbiyah. In 1995, they tried to buy a lot in the community settlement of Katzir. As young professionals eager to live in a place with good schools so their daughters could get into the right universities, they fit the Katzir profile. As Arabs, they were rejected. As citizens of a democracy, they turned to the Association for Civil Rights in Israel, which filed suit before the Israeli Supreme Court. In its judgment five years later, citing sources ranging from Genesis to Brown v. Board of Education, the court ruled that "equality is one of the foundational principles of the State of Israel" and rejected housing discrimination. To evade that decision, Katzir's admissions committee claimed that the Ka'adans were "unsuited" to "fit in socially" and again denied their application. It took another round before the Supreme Court until the couple could start building their house in Katzir. More recently, a set of human-rights organizations has asked the Supreme Court to ban the entire admissions-committee procedure.

The Admission Committees bill is a bid to preempt the court. It will protect committees' authority to reject candidates who "do not match the social-cultural fabric" of the community. The lead sponsor is David Rotem, a West Bank settler and a member of Foreign Minister Avigdor Lieberman's far-right Israel Is Our Home Party. The bill is likely to pass.

The positive side of this story is that Israel's flourishing civil society is rich in human-rights organizations. The country's legal system allows them to apply directly to the Supreme Court, which is often sympathetic. Groups such as B'Tselem, Yesh Din, and Breaking the Silence also monitor and publicize what's happening in occupied territories. This has not escaped the Israeli right, which has been mounting an ever more vicious campaign to silence criticism.

The latest move: Last week, the Knesset approved a proposal for a parliamentary inquiry commission to investigate the funding of organizations purportedly engaged in delegitimizing the Israeli army. The sponsor was Israel Is Our Home legislator Faina Kirshenbaum, who railed that "these groups provide material to the Goldstone Commission."

After the vote, Likud Knesset member Danny Danon suggested that Peace Now secretary-general Yariv Oppenheimer "and the heads of other fifth-column organizations in Israel start fixing up their CVs because they'll be out of work soon." This week Danon started pressing for legislation that will require organizations filing suit before the Supreme Court to list their sources of funding in their suits. Since nonprofits must already file annual reports of their funding, the Knesset moves are pure propaganda. The aim is to convince the public that anyone criticizing government activities in the occupied territories or discrimination within Israel is an enemy of the state.

There is some funding that does deserve more attention, though: the money from the government itself that supports organizations of the anti-democratic right. One glaring example is the Od Yosef Hai yeshivah in the settlement of Yitzhar. The cash flow from the Education Ministry continued even after the yeshivah self-published a 2009 book, The Law of the King, that purports to elucidate religious law on when it is permitted for a Jew to kill a gentile. It took a letter from a lawyer at the Israel Religious Action Center (IRAC), a civil-rights wing of Reform Judaism, before anyone in the ministry questioned the yeshivah's budget. Yet the ministry insists that it's only reviewing the funding because the yeshivah might have misreported how many students it has. Officials appear frightened to admit that they might check the legality of funding a blatantly racist institution.

A couple of weeks ago, Atlantic correspondent Jeffrey Goldberg surprised readers with a blog post titled "What If Israel Ceases to Be a Democracy?" I'm glad he's confronting the issue. But the scenarios he raises -- starting with Lieberman as prime minister -- are too obvious. Democracy doesn't necessarily end with a bang; it can fade out, bit by bit. Rather than wait for the end of the process, Israel's friends in America should be expressing their concern right now, publicly and in every conversation with an Israeli official.

Back to Sholem Asch for a moment: When God of Vengeance was first staged in English, in New York in 1923, the entire cast and the producer were arrested and convicted of giving an immoral performance. The judge, identified in a March 24, 1923, New York Times article only as "McIntyre," decried the play's "desecration of the sacred scrolls of the Torah." One of the leaders of the campaign against the play was Rabbi Joseph Silverman of the ultra-establishment Temple Emanu-El in New York. "This play libels the Jewish religion," he said. Neither Silverman nor McIntyre understood that Asch was defending Judaism against desecration. The rabbi and judge have been forgotten. Asch's literary reputation has not suffered.

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Gershom Gorenberg is a senior correspondent for The Prospect. He is the author of The Accidental Empire: Israel and the Birth of the Settlements, 1967-1977 and The End of Days: Fundamentalism and the Struggle for the Temple Mount. He blogs at South Jerusalem. Reposted from the American Prospect