Feb 23, 2009
Last
week, the Israeli courts rejected a Palestinian appeal against a military order
of confiscation of land issued one year ago. This order confiscates 2000 dunam
(1 dunam= 1000 m²)
belonging to nine Palestinian families in the villages of al-Khader and Artas in
the south of Bethlehem District, to the north of the settlement of Efrat.
The
families affected appealed to the Israeli courts in Jerusalem through human
rights organizations, but unfortunately only one of the nine appeals was accepted. According to sources,
there are plans to expand the settlement of Efrat toward the north and northwest,
encroaching ever closer to the two villages and to the city of Bethlehem.
The Court
sustained the Settlement Council and the Israeli Authority, even though the
farmers presented the necessary certificates of ownership in due time,
which is, according to the Israeli Law, seven days from the issue of the order.
As a
result, the Palestinians of the area will begin a popular protest movement,
considering that all the legal procedures have not worked. They want to
preserve their lands, which have fertile soil for trees and grapes and are rich
in spring water, factors that contribute significantly to the success of
agriculture, and, subsequently, a good income for the families.
A
long time ago, throughout the region between Bethlehem and Hebron, one could
see only fields and beautiful landscapes, now everything, from east to west, is
covered with settlement buildings, spoiled by by-pass roads, and fragmented by
the wall. All these factors work together, compromising the geographical unity
of the West Bank.
The Aim
of Land Confiscation and the Strategic Policy of Settlements: The Case of Gush
Etzion and Efrat
In
1983 the settlement of Efrat was established in the West Bank, soon becoming
one of the biggest colonies, though one of the less crowded with people. In all
the area of the settlement, there is a lot of space between one building and another,
and the streets are very large. At the beginning, the settlement was built as a
line from the north to the south. Later, however, it was also expanded west to east,
with new housing units, security zones and roads.
According
to Israeli sources, the number of inhabitants is approximately 9,000. On the
land just confiscated, in all probability 2,000 houses will be built.
This
extension will be strategic, in fact the order of confiscation n. 5/03/09 aims
to join the settlement of Efrat with the settlement of Gush Etzion. After the unification,
the Israeli Government will continue building the Wall in order to surround the
two settlements. Taking into account, the additional two orders of confiscation
in the Hebron District, it becomes clear that the Israeli Administration is attempting
to create a kind of metropolitan region around Jerusalem, completely encircled
by the Wall, covering 100 square miles.
Tens
of families have lost their lands and their properties, becoming refugees in
their own land. Only in the Hebron District are there are 45,000 dunam of land
between the Green Line and the Wall.
The
disposition of the settlements in West Bank is not accidental, but based on an
extreme version of the Zionist project, entailing evacuation of the great
majority of non-Jews from the lands controlled by Israel. The settlements are
created according to a circular population distribution, aiming to eventually connect
between one settlement and the other. This strategic planning is vexing the
Palestinians: they can't cultivate their lands, they can't simply build in
their cities and villages, and they lose the freedom of movement.
It
is the Settlement Council in West Bank that coordinates the building of new
outposts. So, settlers decide for the settlers. The Israeli Army merely issue
the military order for security reasons, and the Israeli Government simply
undersign the decisions made by the Settlement Council.
Three
months ago, 103 outposts were counted. The outpost is the first step of the settlement
policy. Typically, the Israeli military evacuate the Palestinian people in
as non-explicit way as possible, frightening them in order to declare the land
as an "abandoned asset."
This
despite the fact that the IV Geneva Convention, in the article 49, prohibits an
occupying power from transferring citizens from its own territories to the
occupied territories.
Furthermore,
the Hague Regulations prohibits an occupying power from undertaking permanent
changes in the occupied area, unless these are due to military needs, in the
narrow sense of the term, or unless they
are undertaken for benefits of local population.
Not
one of the cases of land confiscation in the Hebron District adheres to the
regulations of international law.
The Reactions to the Land Confiscations and the
Connection between the Israeli Policy of Settlement and the "Peace Process"
The
Palestinian leadership, and particularly Mahmoud Abbas, has spoken a lot about
this last land confiscation. Israel has acted to appropriate a huge amount of
land during a significant political period. Because Israel is in a transition
period during which elections were just held, and a new government has not been
formed, it is conveniently for the settlers, more difficult to control the
situation. Meanwhile, though the Palestinian
Authority has spoken a lot, it has done nothing to prevent the land
confiscations.
The
AIC met with, Abdul Hadi Hantash, an expert on land and settlement for the Land
Defense General Committee. The Committee is very active; it has brought 285
cases to the Israeli courts. "In the past, we won 80 percent of the cases," explained
Hanatash. "In the cases of confiscation for 'Israeli property of the land,’ the
Court used to sanction the mechanism, contributing to create a mask of
legality. Subsequently, however, they began to do this in parallel with the
army."
Typically,
the Committee takes three approaches to help Palestinians fight against the
land confiscations.
The
first step is a press conference; the second step is going to foreign
consulates and organizing tours for politicians and diplomats in order to show
the real situation of the occupation. The third step is bringing the case to
the Israeli courts. Between 1998 and 2000, the Committee obtained a lot of
decisions for the return of lands to Palestinians.
We
asked Hanatsh what he thinks about the connection between the peace process and
land confiscation. He said that the aim of the settlement project is to take
the remaining 55 percent of Palestinian lands. Moreover, he was very
pessimistic about the real intention of the Israeli government.
"Whoever
believes that they want the peace is mad. They say that they want peace, but we
want to see facts to support this on the ground. We want to put an end to the
bloodshed and we want to live as a free people. But giving a hand to Israel is
the same as putting snakes in our pockets. Not one of them dares to say: 'we
want to stop confiscating the land, demolishing houses, building the Wall, etc.’
And the occupation goes on and on, with the robbery of hundreds of dunam."