REPORT #20: ANALYSIS of ZUFIN SETTLEMENT EFFLUENT; 8 JULY 2010

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Report #16: The Agricultural Gates, The Wall/Fence, And The International Community's Complicity

View from Jayyous Town Hall looking west towards Israel. The horizontal brown scar across the picture is the Separation Fence. The Green Line—the internationally acknowledged Israel/West Bank border—follows the horizontal edge of the green area in the middle distance. The lands belonging to Jayyous farmers on the Israeli side of the Fence are between the two. Some lands were confiscated. Some are still owned by Jayyous farmers who can farm them if they can get the necessary permits from the Israelis. Many can not.

The photo shows that the Wall/Fence in the Jayyous area was not built on the Green Line, the internationally recognised future border between Israel and the putative state of Palestine, but several km to the east, thus confiscating some land from Jayyous farmers but leaving some land in their possession in what is called a "Seam Zone"—see photo. To access their land, these farmers need a permit to cross through the agricultural gates provided for this purpose, and these permits are difficult to obtain and frequently withdrawn.

This morning the last farmers to arrive at the gate just before it was supposed to close at 0745 was a group of four young men and an older one in a yellow Mercedes lorry. It and they come most days to harvest crops—today Za'atar and wheat—which they then sell in the market in Nablus some 20km away, and no one expected a problem. However one of the young men was told he had been blacklisted by the Shebat, the Israeli version of MI5, and could not cross despite his permit being in order. This seemed unlikely because, apart from his having a valid permit, his father has a permit to work in Israel for which you have to be squeaky clean in security terms. So the men protested and the soldier went off to phone for confirmation. At 0830 the young man was told he could cross, and off they all went having lost 45 minutes work time. The 45 minutes we waited was pleasant enough in one way. It was sunny, the four soldiers chatted together as did the Palestinians, and I chatted to one of the young men who spoke some English. He told me among other things that three of them were recent university graduates in history, accounting and finance, but none could find a job to use their skills and training. He himself wanted to get married but couldn't until he found a job.

But this is just the 10% of ice on the iceberg of the Occupation. I want to draw your attention to the 90% which people often don't see or think about.

·      First: these men were trying to access their land. Why should they have to go through all this to simply work their land? There are, of course, farmers who have actually had their land taken by Israel, but that's another story covered in my previous Report #15.

·      Second: Israel is fully entitled to build a Wall/Fence along its border for security reasons if it wishes to. But the Wall/Fence here (and along most of its route) was not built on the Green Line but on Palestinian land. Israel claims the Wall/Fence is for security reasons and no doubt this is partly true. But it is also clear that the route of the Wall/Fence is designed to include within Israel all the settlements along the edge of, and sometimes far within,  the West Bank, thus pre-empting any peace agreement with the Palestinians on borders. This is true in the Jayyous area: the Wall/Fence pursues a zig zag route precisely to include several settlements within Israel. It was for this reason that the International Court of Justice in an advisory ruling in July 2004 stated that the Wall is illegal, that it should be demolished where it isn't on the Green Line, and that Israel should pay compensation to those adversely affected by it (see www.icj-cij.org/docket/files/131/1677.pdf). Israel has ignored this ruling and has continued to build the Wall/Fence in precisely the way that was condemned.

·      Third: the ICJ in its ruling also described in paras 154-159 the obligations of other States in respect of this illegal Wall. These are:

o      not to recognise the illegal situation caused by the Wall;

o      not to render aid and assistance in maintaining the situation;

o      to see that any impediment to the exercise by the Palestinian people to self-determination is brought to an end; and

o      ensure that Israel complies with International Law.

·      Fourth: it is clear to me that no State or part of the international community, for example, the EU, has made any attempt to fulfil its legal obligations as given above. The USA continues to support Israel with lots of government aid and private tax-aided donations, the EU to offer favourable trading conditions, and as is obvious here, many countries ameliorate the conditions caused by the Wall/Fence rather than trying to get Israel to move it to the Green Line. Hence the UK, the EU and the USA are all complicit in the situation my farmer friend found himself in this morning. "Not in my name!".

Mike Barnes, 30 May 2010

Report #13: How The Army Runs The West Bank, And Israeli Peace Groups Continued

1. Introduction


This Report picks up on one facet of the occupation I had not realised clearly until I heard a talk by an ex-soldier from Breaking the Silence during our early training in Jerusalem, and that is that this is a military occupation. This sounds so obvious that I am embarrassed to state it so bluntly, but I'll summarise what he told us below. I will also describe the Israeli Peace Groups other than those featured in Report #10. For this I thank my fellow British EA, Pat Devlin, who has allowed me to use her description of these groups. MachsomWatch, the Israeli Committee Against House Demolitions (ICAHD, and its British branch) and Breaking the Silence are the voice of alternative and better Israel, and we should applaud them and support them in their often lonely work whenever we get the chance.


2. The military occupation of the West Bank


• How does the GOI (Government of Israel) see the occupation? They rarely use the word but see it in a direct and continuous line from the Ottoman Empire, through the British occupation and Mandate (1917 to 1948) and then the Jordanian occupation (1948 to 1967). Since then the West Bank has been "held" in Israeli hands. In the GOI's view, no independent Palestinian state ever existed, hence it cannot be "occupied" but is rather "disputed" territory. Needless to say the international community and UN resolutions disagree with this legal fiction, and call for the application of the full panoply of international and humanitarian law to be applied in the West Bank.
• Martial law: it may be a legal fiction, but the result is that the Palestinians in the West Bank are ruled by martial law and the Israeli Army even though the Army bureaucracy is called the "Civil Administration". Ultimate control lies with the Minister of Defense, currently Ehud Barak.
• Which laws are applied? The laws that existed during the British and Jordanian occupations are still used for the Palestinians with some crucial exceptions such as their right to influence the planning and development of their own towns and villages which was removed in 1971 by military order. Many of the laws still applied are by modern standards primitive. For example, the definition of "children" in Israel is 14, in the West Bank applied to Palestinians it is 12.
• Military courts: A major consequence is that all courts for Palestinians in the West Bank are military courts: the judges and prosecutors are soldiers in uniform, they are run in Hebrew, and the conditions applied such as how long a person can be held without seeing a lawyer or judge are different from those applying in Israel (8 days versus 24 hours).
• The importance of "security": martial law also explains the ethos of the higher Courts in Israel who may take appeals from lower courts. The Israeli Supreme Court, for example, tends to take a liberal western perspective until the word "security" is mentioned. They then take military advice in coming to their judgements.
• The Israeli Army is structured and trained for war not for occupation. And what do soldiers (naturally) do? They make their presence felt by conducting aggressive actions in Palestinian space so that the Palestinian population always feels the Army "breathing down their necks". They do this by conducting patrols in Palestinian villages, arresting people in the night, shooting in the air and firing stun grenades, taking village houses as temporary bases, making house arrests and curfews, and looking for Palestinian collaborators many of which activities we ourselves have witnessed in Jayyous. There is no point in asking why the Army does these things, it's what armies do.
• Ignorance by the Army of the West Bank: An Army unit will often control a part of the West Bank for 4 months, but because these are Army units, they know very little about the West Bank, for example, the difference between Areas A, B and C, or the procedures at checkpoints. In addition, the conscripts and NCOs have had no official training for occupation, and EAs (for example) have much more information than they have. Soldiers tend therefore to rely on their instinct in making judgements, and, because they are trained for war, tend to treat everyone as a potential enemy. So they are likely to be apprehensive or even frightened, and bored as well—a lethal combination which may explain why some of them are aggressive and suspicious at checkpoints, and their (to us) extreme behaviours during Army incursions into Jayyous.
• Demonstrations and protests: A further consequence is the way demonstrations and protests—of which there are many more here than are ever reported abroad—are handled and this is the cause of much of the violence that regularly occurs. Martial law requires that any group of 10 or more Palestinians ask permission for a march or demonstration. Most organisers don't ask because permission will likely be refused and asking is tantamount to accepting the occupation. So all protests are deemed ipso facto illegal by the army and are essentially riots which the army can deal with by any necessary military means. The standard procedure is for the soldiers
o to shout that this is a closed military zone in Hebrew and then Arabic and protesters must go away
o to use stun grenades which make a very loud noise a few seconds later
o to fire tear gas, supposedly but not always @ 60 degrees into the air
o to fire rubber bullets, and finally
o to fire live ammunition.
• Complete control of the Palestinian population: our speaker from MachsomWatch emphasised the increasing and pervasive nature of the permit and magnetic card system used to control Palestinians in all aspects of their lives. She also said that changes are part of the control system: what was OK yesterday is not OK today because this is unsettling.
• This is all counter-productive: The speaker from Breaking the Silence pointed out that these sort of actions are all counter-productive: they stimulate hostility, and so the Army is dealing with a situation created by the occupation itself. This seems obvious, but not apparently to the military.
• The law for settlers in the West Bank is the civilian law of Israel. Settlements are themselves illegal under the 4th Geneva Convention, and the discrimination between the law applied to Palestinians and that to settlers is also illegal under the same Convention.


3. Israeli Peace Groups (continued from Report #10)


Machsom Watch http://www.machsomwatch.org
• This is a group of Israeli women, many of them grandmothers, who since 2001 have organised themselves to monitor the checkpoints which control the entry of Palestinians into Israel, but also control the movement of Palestinians around the West Bank. They also monitor the Military Courts which deal with detained Palestinians, many of whom are young boys arrested on suspicion of stone throwing and appearing without legal representation. Machsom Watch estimate that there are currently 40 permanent checkpoints in the West Bank (see website for listing).
• At the big checkpoints like Qualandyia in the north, Qalqiliya near Jayyous, and checkpoint 300 near Bethlehem in the

south, where thousands of people start queuing from the early hours before they enter the checkpoint at 4am in the morning to reach their work, university or hospital appointment, women from Machsom Watch monitor the Israeli side and EAPPI team members monitor the Palestinian side. They watch for human rights abuses: humiliating or aggressive behaviour on the part of the soldiers, protracted delays, late opening of gates etc.
• We EAs call them if we see any of these things happening. They have direct access to the Israeli District Coordinating Officer and are admitted to the Military Courts and other places, where non Israelis cannot gain access


Breaking the Silence (www.shovrimshtika.org)
is an organization of veteran Israeli soldiers that collects testimonies of soldiers who served in the Occupied Territories during the Second Intifadah and Gaza. Soldiers who serve in the Territories are witness to, and participate in military actions which change them immensely, and the way they are ordered to treat Palestinians often conflicts with their Jewish ethical upbringing at home. This reality is known to Israeli soldiers and commanders to exist in Israel's back yard, but Israeli society continues to turn a blind eye, and to deny what happens in its name. Discharged soldiers who return to civilian life discover the gap between the reality which they encountered in the Territories , and the silence which they encounter at home. Since 2004, Breaking the Silence has collected testimonies from over 650 soldiers who have served in the teritorries since the beginning of the second Intifadah. The collectors of the testimonies are veteran combatants themselves. Every soldier who gives a testimony to Breaking the Silence knows the aims of the organization and the interview. ‘We demand accountability regarding Israel's military actions in the Occupied territories perpetrated by us and in our name.’ The testimonies are published in booklets and on the web site—see above. They give talks both within Israel and overseas and they organize alternative tours of Hebron and the South Hebron Hills. We heard from our Hebron team that the Breaking the Silence leader of the last tour was arrested for his pains.


Israeli Committee Against House Demolitions) ( www.ICAHD.org)
Perhaps better know in the UK because of its British branch, ICAHD is a non-violent, direct-action group originally established to oppose and resist Israeli demolition of Palestinian houses in the Occupied Territories by physically sitting in front of bulldozers and mobilizing activists to help with rebuilding. Their familiarity with realities "on the ground" gives them frequent contacts with diplomats, fact-finding missions, the public and the media. ICAHD aids Palestinians in filing police claims, in dealing with the Israeli authorities, in arranging and subsidizing legal assistance. ICAHD took us on our tour of Jerusalem when we first arrived and explained the housing crisis to us. Our EA Jerusalem team work closely with them


Mike Barnes
20 May 2010

REPORT #12: JOY and DELIGHT

It isn't often that we meet not one but two Palestinian village mayors whose faces beam with joy and delight. But it happened last evening as a result of their villages being moved from the Israeli "seam zone" to the West Bank 6 days ago. Their feelings were tempered somewhat by the loss by some of their villagers of land and trees, but there was no doubt of their overall feelings. The story is as follows. Because it depends on the crazy way in which Israel's Wall/Fence zig zags around this area to incorporate the settlements built illegally on West bank Palestinian land into Israel, we need part of the same map I showed in Report #4 to make sense of it all.

The story concerns three small villages Wadi ar Rasha, Ad Dab'a and Ras at Tira, total population 1200. You can find them on the map near the large words in red "Ras 'Atiya", and close to the purple/mauve settlement area marked Alfe Menashe. You will see this whole area surrounded by a red/black line which represents the Wall/Fence. You will also see a dotted red line near the settlement: this is a new Wall. 

When Israel built its Wall/Fence in this area 7 years ago, the three villages and their lands were incorporated into the Seam Zone around Alfe Menashe settlement, that is within territory that is directly connected by road to Israel and which Israel considers, contrary to international law, to be its own territory. Many of the Palestinian inhabitants of these villages worked for example as teachers in the West Bank which, if they had permits, they accessed via a checkpoint marked on the map as a red circle with a white cross in the middle. Even for those with permits, this checkpoint like others was a constant source of delay and aggravation. When we first visited these villages in March, we found a car with a bride inside stranded on the West Bank side of the wall. The mayor of Ras at Tira had gone to enormous trouble to get permits for all the many wedding guests and participants, but a new team of soldiers at this checkpoint made real problems and she was delayed for her own wedding.

There were innumerable problems of this kind over the years, and the Palestinians suggested the villages should be placed outside the Wall/Fence in the West Bank. After due legal process this has been done. A new Wall (not a Fence) has been constructed closer to Alfe Menashe settlement and the old Fence and checkpoint are being removed although leaving a 100 yard wide scar across the hills and fields.

The advantages of their new position are many. The main one is that the villagers now have their freedom to come and go within the West Bank, and to visit friends and relatives. Our taxi driver used to be good friends with one of the mayors but hadn't been able to visit him for 7 years. He described to us the strange feeling of being able to drive into this land from which he had been excluded for so long. Another is the recovery of lands that were  inaccessible before.

There are also disadvantages. Some people have lost their jobs in the settlement. Others have lost land and trees behind the new Wall—although this will have  two agricultural gates to access trees left in the Seam Zone during the olive season, many people will find it difficult to access their trees. But the balance of feelings is very  positive.

I can add some other points of interest.

·      Mayors: we have met many Mayors of West Bank towns and villages. I think without exception they have been impressive and capable. They are elected. Mayors of small villages like these do the job unpaid. It is a huge worry, they have to deal with the Israeli authorities and legal issues, and do the best for their village. The two Mayors we met yesterday have full-time jobs in Israel as construction workers (not in settlements) which means starting from home at 0430 or 0500. Mayors of larger towns such as Jayyous are salaried, but the worry level is high, too.

·      Families: as in many places, villagers here belong largely to an extended family started in this case in the early 1800s by someone who came here.

·      Security: the Israelis claim that the Wall/Fence is for the security of the settlers. The Mayor here stated that since 1983 when Alfe Menashe was founded, there had been no incidents even of stone throwing. Israeli security is threatened by their constant theft of land for settlements—seems obvious really.

·      Bedouin villages: there are also two Bedouin villages in the Alfe Menashe seam zone, Arab Abu Farda and Arab ar Ramadin al Janubi. The former have no papers for the land they live on, and Israel will in time move them on. People in the latter have the correct papers for their land from 60 years ago, and can access the West Bank through a checkpoint. They have no intention of moving.

Mike Barnes

18 May 2010

REPORT #10: GAZA, a SETTLEMENT and ISRAELI PEACE GROUPS

Last week was "Mid-term orientation week" in EAPPI-speak, but, despite its name, it was really excellent. The idea was to take us out of the West Bank for 5 days—including most of a day off in Haifa and Acre—to see a broader picture.

The focus was on Israeli peace groups. It is part of our EA remit to work with Israeli (and Palestinian) peace groups although in Jayyous the only one we work with and that to a limited degree is Machsom Watch who have been monitoring and influencing what goes on at checkpoints for 10 years. We had heard from three such groups before we started work, and we now added another three. I shall mention them all below and in another Report, but in general they are small, and not seen as having much influence on Israeli society or government. But they are wonderfully courageous and dedicated people, and deserve all the support we can give them.

All of us also visited a settlement, Efrat, near Bethlehem to hear a talk by the PR man. It was a beautiful place, one of a string of settlements across these hills. The talk was interesting, but not especially persuasive. But that's another story.

And we spent an afternoon at Yad Vashem, the impressive Holocaust Museum in Jerusalem

We four British EAs also met an impressively knowledgeable representative of Mr Blair's Quartet Office, and the also impressive British Deputy Vice Consul in Jerusalem during this week, but that's also another story.

1.  Sderot and Gaza—"Othervoice" (www.othervoice.org) 

·      Wednesday morning we were in Sderot, about 2 miles from Gaza and subjected for 9 years to rocket attacks from there. It was almost surreal—English-looking, slightly rolling countryside with fields growing a variety of crops. However the hay had been gathered, so the season was more advanced than in the UK. Sderot itself was pleasant, a town of 20,000 people many of them Russian immigrants. Looking closer, however, I saw a safe room attached to each house or apartment, and reinforced blockhouses at each bus stop. New, reinforced schools are being built to replace old, vulnerable ones. When the siren goes off, a rocket can land somewhere after 15 seconds so there is little time to take shelter. Indiscriminate attack on civilians in this way is contrary to International Humanitarian Law.

·      An Israeli woman and man described in moving terms the emotional traumas associated with living under unpredictable rocket fire, especially where their children were concerned. A visit to the supermarket becomes an "emotional project" and taking a minibus load of children to school a gut-wrenching experience. The reaction of most people in Sderot has been intolerance: they no longer care about the people who live in Gaza. These two courageous people reacted differently. They remembered the 1½ million people living under siege in Gaza, and set up "Othervoice"  a non-political group  to campaign for an end to the siege of Gaza and different and creative actions that can lead to a long-term solution to the conflict in their area. They make contacts with people in Gaza, including regular phone calls, and seminars with young Gazans.

·      Ceasefire: the ceasefire from June to November 2008 was a chance for Sderot to get back to normal life. But the Israeli attack in December 2008/January 2009 was really frightening for these two: people in Sderot were delighted but these two were against the attack and felt very isolated. They had heart rending phone calls from friends in Gaza. The walls of their houses shook the whole time. "War pollutes your heart". An article "Not in my name and not for my security" received huge media coverage. A letter just sent calls for the end of the siege.

·      Gaza: seeing Gaza from a small hill was also surreal. It was quiet, and there was no indication of the violence wreaked upon it nor the appalling living conditions of the people.

·      Pre-1948: the tragedy is that pre-1987 relationships between Israelis and Palestinians in the area were good—visits to the beach, and markets for shopping. Before 1948 the area was very mixed with 40-50 Palestinian villages and many kibbutzim. During 1948/9, the villages were destroyed and the population of Gaza increased 5-fold with an influx of refugees mainly from the north

.2.  Rabbis for Human Rights

·      This is a small group of 180 Rabbis—American and Israeli—who take seriously the injunctions of the Torah, "Justice, justice shall you pursue" and "Happy are those who act justly, who do right at all times" (Deut. 16.20 and Ps. 106:3). Founded in 1988, they are the rabbinical voice of conscience, and RHR is the only religion-based peace NGO in Israel—other peace groups are overwhelmingly secular.

·      They don't take a position on the big political issues but campaign on the issues that affect ordinary Palestinians such as land rights. So they organise bus loads of Israeli to go olive picking every October and have a West Bank Human Rights Coordinator whom we have met. He takes a very pro-active non-violent attitude to human rights and land rights abuses and is very willing to intervene, especially where settlers are concerned.

·      Rabbi Yehiel Grenimann gave us a fascinating analysis of the development of the settler movement.

·      See www.rhr.israel.net.

3.  New Profile (www.newprofile.org)  

·      Two Israeli women members told us about this small group which is concerned about the militaristic nature of Israeli society. They believe that Israeli culture generates an image of a world in which war was, is and will always be inevitable, a necessary and acceptable way of solving our problems. That is certainly my impression from outside.

·      A military culture: they showed us a series of advertisements  which were truly horrifying in their use of the military and military images to sell perfectly normal consumer products. It is also true that armed soldiers are everywhere in Israel—I saw three in a beach resort on the Dead Sea on Saturday. It goes further than that in the sense that entry to the army at 18 is rarely questioned, and the army is so revered that army service is seen as the route to senior jobs in civilian society: a career officer will retire on full pension at age 44, and will likely then go straight into education, perhaps as a headmaster, or industry as a senior manager or director. The  military presence in schools is ubiquitous: uniformed women act as teaching assistants, and students can take time off from school for induction into the army. School and kindergarten playgrounds usually have models of tanks, fighter planes, etc, for kids to play on or with.

·      The senior levels of the army and the government are almost interchangeable with Prime Ministers usually having been senior commanders.

·      The high-tech military industrial complex is very important and successful in Israel which, in its various wars and attacks, can trial new weapons and systems.

·      Avoidance: it is quite possible to avoid military service, but young people cannot easily access the necessary information. Incitement to refuse to serve is a criminal offence, so Newprofile has to be very careful to provide a counselling network only to people who ask, and never to approach the public "cold". A right wing group took them to the High Court alleging incitement, but charges were dropped.

·      Avoidance on religious grounds by Orthodox Jews is increasing—30,000 pa are now excused.

·      There is no discussion in Israeli society about how large the army needs to be—it just recruits as many youngsters as it can.

Mike Barnes,

12 May 2010

REPORT #9:

I give below two incidents—small in the scheme of things—which indicate the uncertainty of life here and the inability of Palestinians to influence events that concern them: in one case, a roof was taken over by the Israeli army who decided they wanted to use it without permission to keep an eye on neighbours and a local road. In the second, a farmer going to plant out Za'atar as he and his neighbours have often done is refused access to his land on what seem entirely spurious grounds. Note that the restrictions on movement and access imposed on the Palestinians as a consquence of the occupation are contrary to their human rights unless imposed for security or military reasons, and that the Separation Wall/Fence within the West Bank was judged by the International Court of Justice to violate Israel's obligations under international law (July 2004).

1.  A NIGHT UNDER OCCUPATION

It’s the frightening and relentless nature of this occupation that must make it so hard to bear for the Palestinians. This example is one we just happened to become involved in, but such things are happening day and night all over the West Bank.

A contact we know quite well called me at 9pm just when we were preparing food before going to bed. His English is very limited, and I thought he said that soldiers were in his house and had been there for some hours. We four EAs took a taxi—his village is some miles away—and met him outside his village. He explained that soldiers were not in his house but in the house of a friend in a nearby village. They were on the roof, and had been there since 7am that day. It is quite common for the Israeli Army to take over a house and confine the Palestinians who live in the house  to one room. Here 11 soldiers had taken over the roof—most roofs here are flat with a wall around—in order, they said, to keep an eye on the main road and people in the village. So we went to the house and were invited in under the watchful eyes of the soldiers on the roof. The family of husband, young wife and 3-month old baby had indeed been confined to the downstairs since early that morning, but there were three particularly distressing aspects to this occupation of their house. Firstly they were quite naturally scared stiff. Secondly their mother, father and three sisters in their early 20s lived in the house just across the yard. In this conventional Muslim family the presence of soldiers and men on the roof overlooking their house had made it impossible for the women to venture outside. Thirdly the soldiers had planted an Israeli flag on the roof, an act which would raise doubts and perhaps suspicions in the minds of neighbours and friends.

Having heard all this, we called Machsom Watch, an Israeli peace group. They said that as long as this was an authentic military action and the soldiers were not behaving badly or destructively—as they sometimes do—we could do nothing to get them to go away. We decided that the best thing we could do was for the women in our EA group to support the family by staying overnight with them—by now it was getting quite late—and the family welcomed this. So I came back to our house and the women EAs stayed. The soldiers left at 7am the next day, and had been walking and moving equipment on the roof all night. Nevertheless they left the roof clean and tidy. Perhaps the EA presence had encourage this, but certainly our presence had given the family some comfort.

The reason given for the occupation of the roof—to keep an eye on the main road to Qalqilya and the people in the village—didn’t really make sense since this particular house is set back from the road behind a marble factory and is right at the end of the village. Another possible reason for choosing this house is that one of the men of the family had been in prison, but since this is true for huge numbers of Palestinian men that didn’t seem a valid reason either. The likely reason is that this village has seen a lot of activity by soldiers in the last couple of weeks, including the detention of two young teenage boys for an hour at gunpoint at midnight, and this was just a normal part of what occupation soldiers do.

2.  LIFE at an AGRICULTURAL GATE

If life here were not so deadly serious, it would be very good farce.

At about 0830 on Saturday morning I was called by a farmer at an agricultural gate some 2 miles from here. He said his papers were in order, but the soldiers would not let him cross over to his land on the Israeli side of the Wall/Fence. The only way of dealing with incidents is to actually go there, so I took a taxi down to the Gate below Jayyous, and met him there. He explained that he wanted to plant za’atar* on his land but that he was not allowed to take the several thousand small plants he had prepared through the Gate today although the soldiers on duty yesterday allowed him to do so then. So we went to talk to the soldiers. It appeared that his permit gives him permission to farm his land on the Israeli side, but they suspected that he might sell the small plants rather than plant them himself and his permit does not cover business activities. A further complication was that another man was to help him plant the Za’atar without cash payment but with the promise of one third of the crop, a very common arrangement between farmers here, but in this case it apparently raised questions in the soldiers’ minds as to whose crop this was and whether it was some kind of sale. The farmer was adamant that he just wanted to plant his Za’atar and had to do it today if the plants were not to die, but despite arguments back and forth for the best part of an hour, the soldiers insisted in a fairly pleasant way that, although they wanted to help the farmer, they were simply following the law. They suggested we could phone the District Commanders Office but yesterday was Friday, and the office was closed. They also suggested he go to the DCO office and get his permit rewritten. Finally I suggested that one of them could accompany the farmer to his land to make sure he planted rather than sold the plants, and they agreed to this: they phoned a military colleague who turned up in a jeep to go with the farmer to his land. The soldiers emphasised to me that this was a one-off for yesterday but it seems the problem was solved at least for the day.

This small incident indicates the problems farmers have for even the simplest task and how the interpretation of the rules changes from day to day so that planning is impossible. There is also the fact that this man was very assertive and articulate in English and Hebrew as well as Arabic, and that I was there. There would be many less assertive and capable farmers who would simply have turned round, gone home and lost both their plants and a day’s work. And finally there is the cost of all this to the Israelis—five soldiers, phone calls back and forth, and at least an hour’s time.

*Za’atar is a small herb, very popular and so widely grown in fields in this area on both sides of the Wall/Fence. Zaytoun have the product, and some of you may have bought some from me in the UK.

Mike Barnes

3 May 2010

REPORT #7: AREA C

Introduction

Whenever you talk to a Palestinian here about housing, house demolitions, village expansion, settlements or land you will very quickly hear the words "Area C". Israel implements its occupation by restricting Palestinians' use of space in many ways, but that little phrase indicates one of its most common methods. Israeli use of Palestinian space includes restrictions on building and construction, appropriation of West Bank land for settlement building, Wall/Fence construction and unspecified military purposes, the closure of areas as "firing zones" and nature reserves, and closures that restrict Palestinians' freedom of movement and access to essential services.

Summary: Area C and its effects

Area C has a profound effect on  the life of Palestinians and yet few people outside Palestine have any idea of its significance. Area C comprises some 62% of the area of the West Bank, it is the only contiguous part, splits the West Bank into small pieces often called "cantons", and is where most of the smaller settlements and Israeli roads are located. According to the World Bank, Area C also acts as a major constraint on Palestinian economic development. The purpose of this Report is to briefly set out what Area C is and how the Israeli Government uses it. In effect it seems to me that Israel treats this 62% of the West Bank as though it were its own sovereign territory. In fact, as we all know, according to UN resolutions and international law, the West Bank (and Gaza) will be the lands of the putative Palestinian state.

What is Area C and how did it arise?

·      Areas A, B and C were a result of the ill-fated Oslo Agreements of the 1990s.

·      A map showing areas A, B and C is attached.

o     Areas A and B include the major Palestinian cities (Area A) and the countryside in light brown which contains smaller Palestinian towns and villages (Area B). In total they comprise 38% of the West Bank. Area A is under Palestinian civil and security control. Area B is under Palestinian civil control but joint Israeli/Palestinian security control;

o     Area C is the grey and yellow areas comprising 62% of the West Bank. The grey areas are designated by Israel for settlements or military use only, and Palestinian building or construction there is totally forbidden.  In the yellow areas, planning restrictions make any Palestinian building or construction virtually impossible while settlements are expanded and new ones started. The yellow areas contain many of the smaller Israeli settlements and roads, and is contiguous. Area C is under total Israeli control—civil and security.

·      This division was intended as a temporary arrangement: the 1995 agreement setting these areas up was a transitory step in what were expected to be continued negotiations which would (among other things) gradually transfer control of Area C to the Palestinian Authority (PA) by 1999. However negotiations became stalemated during Netanyahu's previous period as Prime Minister and collapsed altogether in 2000.

·      In effect Israel now treats Area C as though it is Israeli territory—62% of the West Bank!

·      According to the UN, the division of the West Bank into Areas A, B, and C has not altered the status of the entirety of the West Bank as occupied territory.

·      More than 400 Palestinians villages have part of their built up area in Area C, and 150 are entirely located  in Area C. It is estimated that 150,000 Palestinians live in Area C.

·      Many Palestinian villages in the Jayyous area are designated Area B but are surrounded by Area C and this is quite common.

This is all very complicated: why does it matter?

It has a huge impact on the daily life of Palestinians.

·      Construction of any kind in Area C, be it a private home, an animal shelter or a donor-funded infrastructure project, requires approval by the Israel Civil Administration (ICA)  which is under the authority of the Israeli Ministry of Defence. This approval will in almost all cases be refused or, at best, long delayed.

·      New or expanded houses: The simplest and very common case is a Palestinian village in Area B but surrounded by Area C. Israel does not allow expansion of the village into Area C to cope with a growing population. If anyone builds in or extends a house or a school into Area C, he will be served with a demolition order and the building destroyed today, tomorrow or in the future. This is what happened in Harris—see my Report #6—and another 25 Harris houses in this position have demolition orders as well.

·      Existing houses: Demolition orders are placed on houses that have stood for many years but that Israel now deems to be in Area C. Several houses in Salfeet district are in this position as is a small village, Izbat at Tabib, near here. The whole village of 40 houses has been here since the 1920s, but it and a lovely school have demolition orders to make room for settlement expansion and an industrial zone.

·      Infrastructure projects: major projects such as construction or expansion of schools or medical clinics and shelters or the rehabilitation of water infrastructure all require communities, NGOs or international funders to go through a lengthy and complex permit application process to the ICA. Approval is not guaranteed. For this reason, the World Bank considers the ICA to be a "major constraint" to implementing projects in Area C.

·      Water is hugely important in what is a relatively dry area, and, apart from household and industrial consumption is used by both Israeli and Palestinian farmers for irrigation of many crops. Using the powers of an Israeli Military Order of 1967 that requires permits for all water structures, Israel monitors and intervenes to control all water related activities in Area C. Thus

o      Jericho, which badly needs a proper sewage system if its water supply is not to be polluted, is Area A—under full Palestinian control—but is totally surrounded by Area C. Any repairs, modifications or new construction in relation to water for Jericho therefore needs approval of and cooperation with the Israeli military authorities.

o     Jayyous water is another example. An application for a permit for a  project to supply Jayyous with water from its wells via a new pipeline has been pending with the ICA since 2002.

How does a Palestinian apply for a permit to build/extend his home?

S/he must meet a number of criteria including:

·      The person submitting the application must be able to prove that s/he owns or has the right to use the land. Land registration,  property tax, or inheritance documents are required. This can be very difficult: most land in the West Bank is not yet registered, and if several people own the land together each must sign in person.

·      The proposed construction must be in conformity with an approved planning scheme that is detailed enough to enable planning permits to be issued. This is the hurdle on which most applications are rejected.

Planning restrictions in Palestinian areas

The planning regulations used by the Israel Civil Administration (ICA) under the authority of the Israeli Ministry of Defence to control new and modified construction in the West Bank are very complex, and some go back to the British Mandate period. Two points which contrast the favourable treatment of Israeli settlements compared to Palestinian villages and towns in Area C are:

·      Consistency with existing plans:

o     Palestinian permit applications are usually rejected on the grounds that the proposed construction is inconsistent with existing development plans. However the ICA has produced development plans for only a very few of the hundreds of Palestinian villages in Area C. For other villages in Area C British Mandate Law is applied. This essentially treats these areas as for agricultural use but with some ability to build. However the ICA  now rejects most applications for building permits here, too.

o     Plans for Israeli settlements: by contrast the ICA has approved development plans for almost all settlements located in the West Bank. These are much more favourable than the few development plans for Palestinian villages both in housing density (2.7 to 12.8/hectare compared to 24-70/hectare respectively) and population density (11 times lower for Israeli settlements compared to Palestinian villages).

·      No Palestinian participation in the planning process

o     No Palestinian participation: Jordanian Law applied in the West Bank before 1967 allowed for (Palestinian) community participation at central and local government level in the planning and zoning process. This was nullified in 1971 by an Israeli Military Order. As a result, the current planning system applied to Palestinian communities is highly centralised within the Israeli Civil Administration with no Palestinian participation in the preparation of development plans.

o     Full settlement participation: the West Bank Military Commander is able to appoint a Special Local Planning Committee (SLPC) in a "new planning area", that is, for Israeli settlements, and virtually all settlements have SPLCs. These Committees issue building permits in line with plans approved by the ICA and are responsible for enforcement.

Mike Barnes

28 April 2010

Notes

1.    The occupying power, Israeli is responsible under international humanitarian law for ensuring that the basic needs of the occupied population are met, to administer its occupation in a manner that benefits the local Palestinian population, not to discriminate against the local Palestinian population, and not transfer its own population into the territory under occupation. Under international human rights law, Israel must ensure that Palestinians enjoy their human rights including the right to housing, health, education and water, among others.

2.    This report is based upon a UN OCHA Special Focus entitled "Restricting space: the Planning Regime Applied by Israel in Area C of the West Bank"  dated December 2009. See www.ochaopt.org.