UNITED NATIONS

General Assembl' Distr. @) GENERAL v36/s79 26 October 198I

ORTGINAI,: ET{GLISH/FREI€H

llhirty-sixth session Agenda iten 64

REPORf OF THE SPKTAIJ COUMTTTEE TO T}N'ESTIGATE ISRAELI PRACTICES AFFrcTING TIIE HT'}IAN RIGHTS OF THE POPUI,ATION OF TIIE OCCT'PIED TERRITORIES

lbte by the Secretary-General

llhe Secretary-Genera1 has the honour to transrnit to the menbers of the @neral Assembly the attached retrnrt, which was subnitted to him, in accordance with paragraphs 9 and 10 of Assernbly resolution 35/L22 C of 11 lbcember 1980' by the Special Comittee to Investigate fsraeli Practices Affecting the lluman Rights of the Fopulation of the occupied serritories.

8r-27551 0098b 0114b v36/57e English Page 2

CONTEI\ITS

Paqe

LETTER 4

I. 1-7 5

ORGANIZATION WORK II. OF aaaaa oaaaaaaaaaaa 8-13 7

I rr. MAIIDATE ...... r...... r...... 14-18 8

rv. SUMMARY OF TNFORMATION AND EI/IDEI\ICE BEFORE TTIE SPECIAL COMMTTTEE ..... 19 - 389 10

A. Xntroduction ...... L9-27 10

B. Classification of infornation ...... o r... t. 28-50 L2

I. Folicies and implementation ...... 30-38 L2

(a) @nfirmation of the existence of a deliberate policy of annexation and settlement ...... o. 30 L2 (b) Official measures adopted to put this policy into effect ..,...... 3l L2 (c) fnformation on the implementation of these measures o...... 32-37 I3 (i) Oonstruction of new fsraeli settlements and expansion of existing ones .;... . o..... 33 13 (ii1 E

(d) Settlersr activities ...... ,...... 38 I6

2. Situation of civilians 39-48 16 v36/579 English Page 3

CONTENTS (continued)

Paragraphs Page

(a) Treatment of clvilians . o...... o. 39 - 46 I6 (i) General information ...... o. 40 16 (ii) lBrrclitlon and sealing of habitations and commercial pfefniSee ..o...... o."' "o""o' 41 T7 (iit) Curf€ws .... o...... 42 L7 (iv) Dducation ...... 43-45 L7

(v) Freedom of npvement .. 46 L7

(b) Treatment of detainees . o...... 47 18

(c) Incldents ...... o o...... " " ' 48 18 3. Judlcial renedies...... ,...... '." 49-50 18

(a) Remedies against measures affecting 49 l8 the person ...... " " " o .. " " (b) Remediee against measures affecting 18 PfOPefty ...... o.....' ..''''' o' o''o'' o ..' 50 C. Dramples of information received by thg Omrittee .....o...... "'o .."o 51 - 389 L9 1. Folicles and inplenentation ...... 5l - L84 19

2. Situation of civil'ians . o...... o...... 185 - 339 42 3. Judiclal remedies ...... o...... " " ' 340 - 389 96 v. cot]iEl|usloNs .. o.. o... o... o...... o...... r..... 390 - 401 107 vr. AD@TION OF THE REPORI ...... 4O2 11s

ANNEXES

I. Map showing Israeli settlements established, planned or under construction in the territories occupied in June 1967 II. Mapr West Bank and @za areas of expropriation v36/s7e English Page 4

LETTER OF TRANS!,TITTAL

4 September 1981 Sir,

the speciaL Committee to fnvestigate Israeli Practices Affecting the Hurnan Rights of the Fopulation of the occupied territories has the honour to transmit to you herewlth its thirteenth report, prepared in accordance with General Assembly resolutions concerning the Special @mmittee and in particular, resolution 2443 (XXIII) of 19 Etecenber 1968, by which the Special Commit,tee was established, and resolution 35/L22 C of 11 tbcember 1980, the latest resolution by which the General Assembly renewed its mandate.

ilhis report covers the period from 25 July 1980, the date of the adoption by the Special Connnittee of its preceding report, to 3t August 198I. ouring this period, the SPecial Committee continued to follow closely the situation in the occupied territories. fn spite of the efforts of the Special @mmittee, the Government of Israel has not changed its position with regard to the Special Committee.

The situation of human rights in the occupied territories has not changed from previous years. lltre lnformation given in this report shows that the @vernment of rsrael, the occupying Power, continues to follow a policy of annexation of these territories. Settlements cont,inue to be established and others continue to be expandedT the nunber of Jewish settlers in these territories continues to increase. On the other hand, the civilian population is subjected to a constant repression which takes various forms. the Special Committee has found particularly disturbing the statenent of policy of the nerd @vernnent of Israel according to which the Government would raise the claim to the "sovereignty of Israel over the occupied territories' in the near future.

The SPecial Conrmit,tee in its conclusions has thus emdrasized once again the need of the intervention of the international community to put an end to this policy of annexation and consequently to the measures taken in implementation of this policy.

Please accePt, Sir, on behalf of my colleagues and on my own behalf, the assurances of our highest consideration.

(Signed) Ousmane cOttNDM Chairman of the Special Comrnittee to fnvestigate Israeli Practices Affecting the Human Rights of , the Fopulation of the Occupied Territories His D(cellency Mr. Kurt !{aldheim Secretary-@nera1 of the United Nations New York A/36/s7s English Page 5

I. INTRODTTTION

I. The Special Committee to Investigate fsraeli Practices Affecting the Human Rights of the bpulation of the Occupied Territories was established by the ceneral Assembly in resolution 2443 (xxIII) of 19 December 1968. By that resolution, the General Assembly decided to establish the Special @mmittee, composed of three Member States; reguested the President of the Assembly to appoint the members of t'he Special Oommittee? reguested the @vernment of Israe1 to receive the Speciat Committee, to co-operate with it and to facilitate its workg reguested the Speciat Committee to report to the Secretary-General as soon as possible and whenever the need arose thereafter; and reguested the Secretary-General to provide the Special Conmittee with aIl the necessary facilities for the performance of its task.

2. The following Member States vrere appointed on 12 September 1969 to serve on the Special Committee: Somalia, Sri Ianka and Yugoslavia. The @vernment of Sri Lanka appointed Mr. H. S. Amerasinghe, Permanent Representative to the United Nations, as its rePresentative on the Special Committee. The @vernment of Yugoslavia appointed Mr. Borut Bohte, Professor of the Faculty of Law of Ljubljana University and Member of the Rderal A.ssembly of Yugoslavia, as its representative on the Special Committee. The Government of Somalia appointed Ur. A. A. Flarah, and subsequently Mr. H. Hur-Elmi, Permanent Representative to the lJnited lihtions, as its representative on the special cornmittee. on 26 Aprit L974, the president of the General Assemb1y, at its twenty-eighth session, inforned the Secretary-@neral that Somalia had decided to withdraw from the Special Committee and that, in conformity with paragraph 2 of @neral Assembly resolution 2443 (xxlII), he had appointed Senegal a member of the Special Committee. On 30 epril L974, the Permanent Representative of Senegal to the united Nations informed the secretary-General that his Government had appointed Mr. Keba Mbaye, Chief Justice of Senegal (Premier Prdsident de la Cour supreme du sdndgal) r as its representative on the Special Committee. On 2I September 1976, the Fermanent Representative of Sri Ianka to the ttnited Nations informed the Secretary-General that Mr. H. s. Amerasinghe had resigned from the Special Committee upon his election as President of the General Assembly at its thirty-first session. On l8 Fbbruary L977, the Government of Sri Ianka informed the Secrecary-ceneral that Mr. v. L. B. Mendis, Sri Ianka lligh Oommissioner to the united Kingdom of Great Britain and Northern freland, would serve on the Special Committee at the meetings at ceneva from 22 FEbruary to I March 1977. 3. on 26 april L977t the Government of Sri Lanka informed the Secretary-General that it had appointed Mr. I. B. Fbnseka, Deputy Pernanent Representative of Sri Lanka to the united Nations, as its representative on the special Cornmittee. on 8 JuIy L977, the Government of Senegal informed the Special Comnittee that Mr. Keba Mbaye had resigned from the Special Committee and nominated in his stead Mr. ousmane Goundiam, Procureur gdndral prBs la eour suprGne, as its representative on the Special Committee. On 20 JuIy 1978, the Government of Sri Ianka inforrned the Secretary-Genera1 that it had appointed Mr. B. J. Fbrnando, Permanent Representative of Sri Lanka to the United Nations, as its representative on the Special Committee. By a note verbale dated ll September 1979, the Government of A/36 /579 English Page 6

Sri Lanka designated Mr. D. R. Perera to attend the meetings of the Special Conmittee from 10 to 21 September 1979. 4. By a note verbale dated 23 April 1980, the Government of Sri Ianka designated Mr. Nadarajah Balasubramaniam, Ambassador and Charg6 drAffaires a.i. of the Permanent Mission of Sri Lanka to the United Nations, to represent Sri Lanka at the meetings of the Special Oommittee from 19 to 30 May 1980. Mr. Balasubramaniam was named representative of Sri Lanka on the Special Committee by a note verbale dated 14 July 1980. At the meetings held from 2l to 25 July 1980, Sri Ianka was represented by Mr. K. K. Breckenridge, who had been designated by a note verbale dated 18 July 1980.

5. Ry a letter dated 15 January 1981, the Government of Yugoslavia notified the Secretariat that it had designated Mr. geCir t\teholjii, Chairman of the City Commission for Ftcreign Affairs in Sarajevo (Bosnia and Herzegovina), as representative of Yugoslavia on the Special @mnittee. By a note verbale dated 10 April 198I, the Government of Sri Lanka notified the Secretary-General that it had designated Mr. I. B. Frnseka, permanent representative of Sri Ianka to the United Nations, to represent Sri Lanka on the Special Committee at its meetings fron 2I april to I May 1981. By a note verbale dated 12 June 1981, the Secretary of the Ministry for Fbreign Affairs of Sri Lanka notified the Secretary-General of the nomination of Mr. Fnseka as Sri Ianka representative on the Special Committee. 6. Since October Lg7O, the Special Committee has submitted 12 reports. L/ These reports were discussed in the Special Political Committee, which then reported to the General Assembly. U On the recommendation of the Special Politicai Comrnittee, the Assembly adopted resolutions 2727 (XXV) of 15 trcember L970,2851 (xxVI) of 20 December 1971, 3005 (xxVII) of 15 December L972,3092 a and B (xxvIII) of 7 December 1973,3240 A to C (xxlx) of 29 \trovember L974,3525 A to D (Xxx) of 15 December L975, 3L/L06 A to D of 16 December L976, 32/9L A to C of 13 December L977, 33AL3 A to C of IB December 1978, 34/90 A to C of 12 December 1979 and 35422 A to F of 1I December 1980.

L/ Official Records of the General Assembly, Twenty-fifth Session, agenda item 101, documents a,/8089i A/8389 and Corr.I and 2? A/8389/I\Ad.l and Add.l,/Corr.L and 2i A/8828i A/9L48 and Add.t; A/98L7i A/L0272, A/3L/2L8i A/32/284i A/33/355i A/34/63L and A/35/425. U Official Records of t,he General Assembly, I'wenty-fifth Session, Annexes, agenda itern 101, document A/8237i ibid., Twenty-sixth Session, Annexes, agenda it,em 40, document A/8630; ibid., 'Ilrenty-seventh Session, Annexes, agenda item 42, document A/8950; ibid., lventy-eighth Session, Annexes agenda item 45, documenL A/9374; ibid., Trrenty-ninth Session, Annexes, agenda item 40, documeng A/9872i ibid., , agenda iten 52, document A/10461; ibid., Thirty-first session, Annexes, agenda item 55, document A/3L/399i ibid., Thirty-second Session, Annexes, agenda item 57, document A/32/407; ibid., , agenda item 55, documenL A/33/439; ibid., Thirty-fourth Session, Annexes, agenda item 51, documenL A/34/691 and l\dd.I; and ibid. l Thirty-fifth Session, Annexes, agenda item 57, document A/35/674. A/36/57e English page 7

7. The present report has been prepared in accordance with General Assembly resolutions 2443 (xxrrr) , 254G (xxrv) , 2727 (XXV) , 2851 (xxvr) , 3005 (xxvrr), 30928 (xxvrrr)' 3240 Aandc (xxrx),3s25 Aand c (xxx), 3L/Lo6 cand D,32/gLB and C, 33AL3 C, 34/90 A ro C and 35/L22 C.

II. ORGANIZATION OF WORI(

8' The special Committee continued its work under the rules of procedure contained in its first report to the secretary-General. 3/ At its 3l6th meeting, on 21 april 198I, Mr. ousmane Goundiam (Senegal) was elected Charrman. 9. The Special @mmittee held two series of meetings during 19gl. rts first series of meetings took place from 21 april to r May r98l at Geneva. At those neetings the Committee reviewed its nandate conseguent upon the adoption by the General Assembly of resolution 3 5A22 c and decided on the organization of its work for the year- rt reconfirmed its decision to cont,inue its system of monitoring information on the occupied t,erritories. The committee decided, with reference to paragraph 10 of resolution 35/L22 C, to cont,inue to pay special attention to information on treatment of civilians in detention. The committee reviewed information on the occupied t,erritories which had become available since 25 July 1980' the date of the adoption of its last report (A/35/42r, and examined communications containing such information received since its last series of meetings. The committee decided to address itself to the Governments concerned and to persons in the occupied territories whose experience and knowledge of certain facts were considered relevant to its mandate. rn the context of its examination of information on treatment of civilians in detention, the Committee examined further information on a number of individual cases and reports concerning conditions in a number of prisons. The special cornmittee took note of information on a number of measures affecting educational institutions in the occupied territories, incruding ttilitary order No. 854 0f 6 July 19g0. The speaial Conmittee heard the testimony of Mr. Tuma Hazou, rnformation Adviser to His Royal Highness, Crown Prince Hassan of Jordan, on the settlement policy followed by rsrael in the occupied territories. The special Committee heard, in closed meetings' the testimony of another person, who expressed the wish to remain anonymous; this testimony concerned the measures taken by the occupation authorities with regard to education and educational institutions in the occupied terri tories.

10. on I May I98l' letters were sent to the Governments of Jordan and the Syrian Arab Republic and to the Palestine Liberation organization referring to General Assembly resolution 35/L22 C and requesting information relaLive to the mandate of the Special Oommittee. On 20 May 198I, a letter was sent to the rnternational Committee of the Red Cross, also referring to resolution 3 S/L22 e. A number of reports were received from the Governments and from the palestine Liberation organization transmitting information on the situation in the occupied territories.

1/ rbid., Trventy-fifth Session, agenda item l0l, document A/gogg, annex rrr. A/36/s7e English Page 8

to I1. On 19 May lggl, the chairman of the special committee addressed a letter the Secretary-General which reads as follows: "f have the honour to inform you that the Special Committee to Investigate Israeli Practices Affecting the ltuman Rights of the Population of ene occupied Territories met at Geneva from 21 April to I May 1981' At these meetings, the special committee examined the implementation of its mandate which rras renerrld by the ceneral Assembly at its thirty-fifth session by resolution 35/L22 C of tI f,tecember 1980, and it decided to request once again of the Government of fsrael. The decision of the Special the co-operation of committee was Eaken after examining precise information on several aspects the situation of human rights in the occupied territories which gave rise t'o serious guestion as to the conduct of the military occupation by Israel' olphe Committee is aware of the negative attitude of the Special the @vernment of rsrael towards the Special Committee in the Past- rt is of out of respect for the fundamental juridical principle view, however, that given which requires that the party ,tos. conduct is in question is the opportunity to give its point of view, another attempt should be made to of this eovernment. rt is for that purpose that the obtain the co-operation your Special Committle has asked me to address myself to you and to invoke of the @vernment of Israel so as to intervention with the representative that communicate the desire of the Special Committee for a positive reply from Ciovernment. rl

The reguest of the Special Comnittee was transmitted to the Permanent L2. from Representative of Israel to the united Nations by a letter dated 9 June l98l the Under-Secretary-General for Political and General Assembly Affairs' At the tine of the adoptiln of this report, no response had been received to the request of the Special Committee. Nations 13. The Special committee held a second series of meetings at the united Geneva frorn 26 August, to 4 September 198I. At those meetings the Office at meetings Conmittee examined information that had become available since its epril The and a number of conmunications received from eovernments and privale sources' Special Committee adoPted the present report at those meetings.

II I. IVIANDATE and 14. The General Assembly, in its resolution 2443 (XXIII) entitled "Respect for implementation of human rights in occupied territories", decided to establish a Human Rights of Special. Committee to lnvesiigate t"ra"Ii Practices nffecting the the Population of the Occupied Territories, composed of three Member States' vtas 15. The mandate of the Special Committee, as set out in the above resolution' to ,,investigate Israeli practices affecting the human rights of the population of - the occuPied territories". A/36/s79 English Page 9

16. In interpreting its mandate, the Special Comnittee determined that: (a) The territories to be considered as occupied territories referred to the areas under Israeli occupation, namely, the @lan Heights, the West Bank (including East Jerusalem) , the caza Strip and the Sinai Peninsula. Flrllowing the implementation of the F]gyptian-Israeli Agreement on Disengagement of lbrces of 18 January L974 and the Agreement on Disengagement between Israeli and Syrian Fbrces of 3I May 1974, the demarcation of the areas under occupation htas altered as indicated in the maps attached to those agreements. Itre areas of Bgyptian territory under Isrieli military occupation vrere further modified in accordance with the Treaty of Peace between the Arab Republic of EgyPt and the State of Israel which was signed on 26 March 1979 and which came into force on 25 April L979i

(b) The persons covered by resolution 2443 (XXIII) and therefore the subject of the investigation of the special oonmittee vrere the civilian population residing in the areas occupied as a r"iult of the hostilities of June 1967 and those persons normally resident in the areas that rtere under occupation but who had left those areas because of the hostilities. However, the Committee noted that resolution 2443 (XXIII) referred to the "populationn without any gualification as to any segment of the inhabitants of the occupied territories; (c) The nhuman rights" of the population of the occupied territories consisted of two elements, namelyn those rights which the Security eouncil referred to as tessential and inaLienable human rights0 in its resoluLion 237 (1967) of those rights found their basis in the protection 14 June 1967 and, secondly, "trictr afforded by international law in particular circumstances such as military oCcupation and, in the case of prisoners of rdarr capture. In accordance with ceneral Assembly resolution 3005 (XXVIf), the Special @mnittee was also reguired to investigate allegations concerning the exploitation and the looting of the resources of the occupied territoriesi the pillaging of the archaeological and cultural heritage of lfre occupied territories; and interference in the freedom of worship in the ttoly ilaces of the occupied territoriesi ,'practiceso cane within (d) The "pol icies'r and affecting human rights that the scope of investigation by the Speci"al Committee referred, in the case of "policies,,, to any course of action consciously adopted and pursued by the @vernment of fsrael as part of its declared or undeclared int'enti while ,'practicesl those actions which, irrespective of whether or not they referred to of were in implementation of a policy, reflected a pattern of behaviour on the part the Israeli authorities towards tne ara! population of the occupied areas' L7. Since its inception the Special Committee has relied on the following international instruments in interpreting and carrying out its mandate: (a) The Charter of the tnited Nations;

(b) The Universal Declaration of Hunan Rights; A/36/s79 English Page I0

(c) The Geneva Convention relative to the Protection of Civilian persons in Time of War, of 12 August L949i A/

(d) The Geneva Convention relative to the Treatment of prisoners of War, of 12 August L949i U

(e) The Hague Convention for the Protection of Cultural property in the Event of Armed Conflict, of 14 t4ay L954i 6/

(f) The Hague Conventions of 1899 and 1907 respecting the Laws and Customs of war on I"andi 7 / (S) The fnternational Covenant on Civil and Political Rights, and the rnternational oovenant on Econonicr sociar and culturar Rights. g/ 18. The SPecial Cornmittee has also relied on those resolutions relevant to the situation of civilians in the occupied territories adopted by rrnited Nations organs' the General Assembly, the Security Council, the Economic and Social CounciL and the Commission on Human Rights, as well as the relevant resolutions of the united Nations Educationr Scientific and Cultural organization, the world Health Organization and the International Iabour Organisation.

rV. SWMARY OF INSOFMATION AND EVIDEIrcE BEFORE THE SPECTAL CO4MITTEE A. Introduction

19. In spite of the repeated efforts made by the Special Committee, the Covernment of Israel continued to deny the Special Committee its co-operation. However, the Special Committee has continued to inform itself as fully as possible of development in the occupied territories by all means available to it. This section gives a rePresentative sample of the information thus received since the adoption of the Committeers previous report on 25 July 1980. 20. lhe Special Cornrnittee has taken particular care to rely on information that has not been contradicted by the Government of Israel or that is commonly considered as reliable by that Government.

!/ Ilnited Nation, Treaty Series, vol. 75, No. 973, p. 287. 2/ Ibid., No. 972, p. 135. 9/ Ibid., Vol. 249, I\b. 351I, p. 2L5.

U Carnegie Endowment for Int,ernational Peace, The Hague Conventions and Declarations of 1899 and 1907 (New york, Oxford Univer 9/ General Assembly resolution 2200 A (XXI). A/36/s79 English Page 11

2L. The Special committee has relied on the following sources: (a) lltre testimony of persons with first-hand knowledge of the situation of the population in the occupied territories; (b) Reports in the Israeli press of pronouncements by responsible persons in the @vernment of Israel; (c) Reports appearing in other news media, including the Arab language press published in the occupied territories in Israel and the international pressl (d) Reports submitted to it by Governments, non-governmental bodies and individuals on the situation in the occupied territories. 22. The Special Comrnittee heard the testimony of ewo persons during its meetings from 2l april to I May 198I (A,/AC.L45/R\.319 to 3221 . 23. In additional to the foregoing, the Special Cornmittee received reports from the Governments of Jordan and the Syrian Arab RePublic and from the Palestine Liberation Organization (PIO) containing inforrnation on the situation in the occupied territories. Reports $rere received from several individuals and organizations, including a number from the occupied territories 24. The plight of the Palestinians held in detention continued to be the subject of several expressions of concern received by the Special Committee 25. The Special Committee took note of numerous allegations of violations of human rights addiessed to it by the PIo and letters addressed to the Secretary-General, circulated as General Assembly/Security @uncil documents containing other allegations and the related replies from the C'overnment of IsraeI. 26. The Special Committee took note of reports published by specialized agencies relating to certain aspects of the situaLion in the occupied territories; in particular the Special Committee noted the "Report on the situation of workers of the occupied Arab territories" before the International Labour Conference at its sixty-seventh session 9/ and a report dated I May 1981 before the World Health assembly, entitled nRefiort of the Speciat Comnittee of Experts appointed to study the Health conditions of the inhabitants of the occupied territories"- I0,/ 27. The Special Committee noted reports by non-governmental organizations such as Amnesty International, relating to treatment of Palestinian detainees prepared subsequent to a visit by a delegation from that organization to the occupied

2/ Report of the Director-General, Appendices, Appendix III (Geneva, International Iabour Office, 198l). Lg-/ WorId Health Organization, thirty-fourth WorId Health Assembly, document A/34/L7. A/36 /s7e English Page 12

territories from 3 to 7 June 1979, LL/ and the relevant section of the Amnesty International report for 1980. The Special Committee also noted a report published by the rnternational commission of Jurists in August 19g0 entitled: trThe west Bank and the Rule of r,awrr. subseguent, to resolutions r (xxxvrr) A and B of the Commission on Human Rights, at its thirty-seventh session, the Special Committee noted a report prepared by the International FEderation of Human Rights on a visit by a delegation of that non-governnental organization to Israel and the occupied territories in December 1980 and comments regarding this report received from organizations mentioned in the repor!

B. Classification of information 28- The information received by the Special Committee has been summarized in the following paragraphs so as to reflect the situation in the occupied territories as it results from the policies followed by the @vernment of Israel, as an occupying por.ter in terms of the fourth Geneva Convention, !/ and the measures and practices adopted by that covernment in pursuit of such poTicies.

29. Examples are given in subsect,ion c below. This information bas been organized in the following order, according to the subject-natter3

I. Folicies and implementation

(a) Confirmation of the existence of a deliberate policy of annexation

30. Subsection C I (a) contains a selection of reports of official statements which show the policy of the @vernment, of Israe1 with regard to the occupied territories. The authors of such statements are members of the Government of Israel, such as the Prime Minister and other ministers, and persons considered responsible for Government policy, such as officials of the World Zionist Organization and similar institutions. Among these statements the Special Committee has noted, in particular, thaE made by the Prime Minister regarding the new Governmentrs policy guidelines to the effect that fsrael wil-l nraise its cLaim to sovereignty" over the west Bank after a period of self-rule. (fnternational Herald Tribune, 6 August 1981). (b) official measures adopted to put this poricy into effect

31. The examples in subsection C I (b) show the official plans and projects drawn up by the Government of rsrael in implementation of the poticy enunciated in the

oRepcrt LL/ and recommentations of an Amnesty fnternational mission to the C"overnment of the State of rsrael from 3 to 7 June L979, including the Governmentrs response and Amnesty International comments. n A/35/57e English Page 13 preceding paragraph. They refer to a variety of projects for the occupied t,erritories, such as plans for the construction of settlements on both long-term and short-term bases, the transfer of Israeli Jewish settlers to these settlements' also on long-t,erm and short-term bases, and plans for consolidating the infrastructure of the existing Israeli settlements. In this connexion, the Special CommiLtee noted references to the continued existence of the Ministerial Settlement Committee (the Joint Settlement @mmittee) composed of an egual number of Government Ministers and officials of the Jewish National FUnd, headed by the then Minister for Agriculture, Mr. Ariel Sharon, to whom several references were noted in regard to such plans and projects. The Special Committee noted, among such information, that given in paragraph 64 below, referring to a "detailed plan, publislreo by the Jewish Agency Settlement Department to establish some 70 new settlements between 1980 and 1985, giving their location. tn addition, several reports were noted concerning intensive construction in and around occupied Jerusalem, as reflected in paragraph 57. (c) rnformation on the implementation of these measures 32. The plans and projects referred to in the preceding paragraph' including those adopted in previous years (and reflected in earlier reports of the Special Committee) continue to be put into effect. The examples in subsection C 1 (c) (i), are presented in four subdivisions which cover: (i) Construction of new Israeli settlenents and expansion of existing ones 33. The Special Committee noted that there r,rere some 40 settlements that had been either established or inaugurated or whose construction had commenced during the period covered by the present report. Other reports reflect the transfer of Israeli civilians into the settlements, the construction of roads connecting the settlements and similar measures. A report appearing in September 1980 attributes to the Chairman of the Settlement Department of the Jewish Agency, Mr. Mattityahu Drobles, a statement announcing that, since L977, the Government had established 58 settlements in the occupied territories and that the number of settlers in the occupied territories (not including occupied Jerusalem) had then reached some 26,000 (see para. 82). The Special Committee heard the testimony of Mr. Tuma Hazou, information advisor to His noyal Highness, Crown Prince Hassan of Jordan, in the course of which he referred to the Israeli settlers in occupied Jerusalem, guoting 56r000 as the figure given by the Israeli authorities and advancing his view that the number was nearer 8e,O0O (A/AC.L45/RI.319, p.5). the settlements are located in the entire area of the West Bank, the Golan Heights and the Gaza Strip; the following table shows the location of the settlement,s reported. A/36/s79 English Page 14

West Bank Go1an Heights Gaza Strip

Norths Reihan g Moshave Yehonatan YaghuI Reihan C Aloney Stabashan cadid Reihan g KerIa Gan Or Karney Shonoron Har Odem Ma raleh llahal Mitzhak Yakir Ein Simsim Salit tlkana B Yabad Nili Ievona Hinanit B

Centre (including Jerusalem) :

I.likhmash Nuiema Nuiema A l{uiema B Vered Jericho Kochav Hashahar Modiin South Neve Yaacov Jordan VaIIey:

Alnog e Rimonim Beit Hararava South: zif Carnel Maion Yatir B Tekoa B Mitzpe-Ciovrin Givat Oz B A/36/s79 English Page 15

(ii) Expropriation of property to carry out construction and expansion of settlements 34. The instances cit,ed in subsection c t (c) (ii) reflect the information received by the Special Committee on the measures taken by the Israeli authorities to acquire land through expropriation. 1he reports guoted refer to aII areas in the territories occupi.a in-Weli they refer to the major centres of population such as Jerusalem, Nablu;, Hebron, Bethlehem and Jericho and the areas surrounding these cenlres. The Special Committee noted that the acquisition of land is undertaken by the adoption of a number of methods' as for example, declaring certain lands as trstate lands,,, declaring certain areas closed "for security reasonso and outright confiscation. According to one report, which appeared in March 198I (see para. 1I9), the Mititary Government had confiscated some 20 square kilometres since October 1980 by delaring such land as 'rstate landrr. The report gives details of took place and the extent of the ProPerty the areas in which this expropriation rrGovernment involved. In a separate report appearing in April 1981 ent'itled reveals real facts on West Bank land" (see para. L221, a total of 200 square kilometres had been allocated to Israeli settlements on the West tsank. The Special based on Committee recalls that, in its last report, it had noted information Israeli official sources according to which ovet 27 per cent of the area of the West Bank had been expropriat.ed bt the Israeli authorities; the examples included in subsection C below reflect the expropriation that has continued since then' (iii) etarv allocations to carry out constluclien and ion of seEtlements 35. The reports guoted in subsection c I (c) (iii) give an impression of the financial appropriations necessitated by the implementation of the "settlement programmerr. The sources of these funds are mainly the Goverment of Israel and the WorId Zionist Organization. The reports reproduced in subsection C show that' between October tgeO ana June 1981, approximately 750 million Israel shekels ($gs 62.5 million as of August r98I) was budgeted. This amount lvas allocated for the construction of new settlements and expansion of existing ones though it did not include allocations for settlements in the occupied Jerusalem area'

(iv) Other measures a ted in i Iementation of t,he of annexation and settlement

36. The information contained in the selection of reports, in subsection C I (c) (iv) covers a number of measures adopted by the occupation authorities that are said to have been undertaken in the context of the seEtlement policy. They refer to the construction of roads connecting groups of Israeli settlements with one another, extension of services to Israeli settlements such as the creation of local councils, the establishment of a municipal courtr connection with the Israelj. electricity supply and various other measures related to the estabtishment or st,rengthening of the infrastructure. made by the authorities in 37. In addition, these repores reflect the efforts trEilon trsearching for uncontested landrr, allegedly to avoid a repetition of the Moreh caserr when the Supreme Court decLared the expropriation of land for the A/36/s79 English Page 16 establishment of a settlement to be invalid after the owners had contested the expropriation orders. In this connexion, the Special Committee, in its last report, had pointed out the existence of a prj.vate company registered in the occupied territories for the purpose of purchasing land from palestinians. This company' known as HIMANUTA, was reported to be an affiliate of the Jewish National FUnd. During the period covered by the present report, the Special Committee noted that other companies were created in the occupied territories for the purpose of purchasing land, such as that referred to I'Yosh il as Investment and Development Co. Ltd. and another referred to as 'rCornpany for Development and Trade in Judea and Samaria ". (d) Settlers' activities 38. The special Commit,tee took note of several reports on activities of Israeli settlers in the occupied territories, examples of which are reproduced in subsection C I (d) in the context of the information showing the implementation of the policy followed by the Government of Israel in the occupied territories. The informaLion contained in these reports includes reports of activities of Israeli settlers with regard to the civilian inhabitantsi among such reports are those according to which settlers undertook unilateral action in taking over land, invading homes of Palestinians, and organizing themselves into local militias. A number of reports relate incidents where settlers, particularly leaders of settler groups, such as Rabbi l'{. Kahane and Rabbi M. Levinger, \dere arrested by the Military authorities for their activities and subsequently released. A number of these reports show the activities undertaken by settlers in establishing fsraeli premises in the centre of Hebron.

2. Situation of civilians (a) Treatment of civilians 39. Subsection C 2 contains examples of information reflecting various aspects of the treatment by fsraeli occupation authorities of the civilian population. The Special Committee had before it a considerable number of reports and other sources of information on this aspect of the human rights situation. The examples included i;t this subsection have been subdivided as followsl (i) General information

40. gubsection C 2 (a) (i) contains reports of the behaviour of troops vis-A-vis civilians and incidents of arbitrary arrests such as that of Saaleh Abdul Jawad Saleh (29), from El Bireh, who was detained for over 100 days without charges. Mr. Saleh, reported to be suspected of "serious but unspecified crimestr was subseguently released (see para. 188 below). A number of reports of evictions of Palestinian families from their homes are included. v36/s7e English Page 17

(ii) Demolition and sealing of habitations and bommercial premises

41. The Special Committee reproduces a selection of information on demolition and sealing of habitations and commercial premises. In particular, reference is made to reports appearing in epril and May 1981 giving figures for the number of houses demolished during the occupation and the areas in which the demolition occurred (see paras. 216 and 2L7).

(iii) Curfews

42. A selection is given of reports received by the Special Committee on curfevts imposed by the occupation authorities on towns and villages during the period covered by the report.

(iv) Education

43. A considerable amount of information was received by the Special Committee on the measures taken by the occupation authorities with regard to educaLional institutions, subseguent to the promulgation of Military Order }lo. 854 of 6 Juty 1980 by which all educational institutions were reguired to obtain a permit from the military authorities; this included persons wishing to be employed in teaching positions in such institutions.

4{. ft was confirmed in evidence before the Special Cornmittee that Order No. 854 considerably restricted academic freedom in the occupied territories. Under the Order, the wording of article 2 of the Jordanian Education Law No. 16 (f954) ltas amended so as to include universities and institutions offering four-year education courses, with elementary and secondary schools. According to article 6, aII educational institutions operating in the area and mentioned in an appendix to the order hrere to be considered as having obtained a temporary Iicence, effective from the date of enforcement of the Order. Mention was also made of an amendment of the Regulation of Teaching r,icences No. 23 (f965), article 8, to empourer "the responsible officer to annul the teaching licence granted to soneone who has been convicted of a security regulation or has been placed under administrative detention". 45. ft was also stated before the Special Committee that a teachersr strike had taken place, lasting from December 1980 until March 1981, and that a total of 7 1200 teachers in the West Bank schools were involved. It was nentioned that, on 28 January 1981, the military authorities had issued an order to prevent teachers from strikingi at one point 52 strike-leaders lrere arrested. The information on events surrounding the teachersr strike is reproduced in subsection C 2 (a).

(v) Fteedom of movement 46. The Special Committee noted several reports of measures taken by the occupation authorities limiting movement of civilians in the occupied territories. This information refers to limitations imposed on Palestinian leaders such as mayors, trade unionists and journalists and collective measures applied to A/36/579 English Page 18 populations of whole towns and villages. In the period covered by the reSnrt, fot exampler inhabitants of the nain tovrns of the West Bank and the Gaza Strip were at some time or another prohibited frorn leaving the occupied territories. The Special Oomnittee noted statements made by the Mayor of Nab1us, Mr. Sharga, who lost both legs in an assassination attempt in June 1981, of constant harassment by the occuPation authorities of him and his staff that seriously curtailed his freedom of movement. As an example of collective measures, the Special Comrnittee would draw attention to the relnrt of the measures applied in HaIhuI in December 1980 when 28 schoolgirls were ordered to re;nrt with their parents to the Military Headguarters every day for one nonth and to remain there fron 8.30 to 14.00 hours. (b) Treatment of detainees 47. llhe Special Committee paid particular attention to the situation of detainees in the occupied territories. Subsection C 2 (b), gives exarnples of the information received by the Special Comnittee on this aspect of human rights in the occupied, territories' including details on the sequel to the prolonged hunger strike in August 1980 as a result of which troo detainees were killed. The number of detainees in the occupied territories hras reported in llrvember 1980 to be 21500. Reference is also made to descriptions of detention conditions given by tw,o prisoners upon their release. This subsection contains descriptions by a number of lawyers of conditions in prisons where their clients are detained. The Special Oommittee took note of a statement nade by the Prison Commissioner of Israel , Mr. Hain kvy, utrnn retiring from his post, in which he remarked utrnn "the continued.Government neglect of prisons" and trthe subhuman conditions" existing in the prisons. (c) Incidents

48, Subsection C 2 (c) gives the list of incidents recorded by the Special @mtittee during the period covered by the present report. This }ist is by no means exhaustivel it attempts to reflect the frequency and location as well as the type of such events.

3. Judicial remedies

(a) Remedies against measures affecting the person

49. Subsection C 3 (a) reproduces a selection of retrnrts reflecting efforts made by individuals to secure redress through the judicial system against measures taken against them, such as house arrest, detention, etc. (b) Remedies against measures affecting property

50. Subsection C 3 (b) gives examples of applications made to the High Court of ilustice to prevent the occupied authorities from carrying out measures affecting land and other property. A/36/579 English eage 19

C. E:

(a) Oonfirnation of the existence of a deliberate policy of annexation and settlement

5I. the Deputy Minister for Defence, Mr. l,lcrdechai Tzipori, was reported to have stated that Israel will continue to create settlements in "Judea and Samaria" and the Gaza Strip. (Hararetz, 5 Septenber 1980)

52. The l'linister of the Interior, Mr. Joseph Burg stated: "Jerusalem is the eternal capital of the Jewish people in the state of Israel. It is indivisible ...". lltre Prime Minister, Mr. Begin, also claimed, in a similar view, that Jerusalen would never be divided again. (llgjaret", l0 litrvember, Sha]!, 18 ttlrvenber 1980) 53. lthe Prime Minister, Mr. Begin, on a visit to four settlements on the northern West Bank ("Samaria") r Karny Shomoron, Kdunim, Eilon Moreh and Ariel, reminded Jewish settlers of the promise he made in L977, stating: "At the beginning of my term of office I promised that there will be many more 'Ei1on l"torehsrr dnd indeed they have been createdrr. Eerusafem_-pos,lr 3 and 25 Marchl Hararetz, 9 !,tarchl Al Fajr weekly, 8-14 March I98f) 54. The Minister of the fnterior, Mr. Burg, stated at the inauguration of the local council in the Israeli settlement of Maaleh Efraim in the Jordan Valley that there were at present 54 Israeli settlements in rriludea and Samaria" with a lnpulation of 15r000' organized in 10 municipal authorities (Iocal and regional councils) . (llararetz, 12 l.{arch 1981) 55. Ttre Minister for Agriculture, Mr. Sharon, stated at an inauguration cerenony near the lbrney Shomoron settlement that 'rso far we have been engaged in creating a settlement framework in the territories and now we are starting to create a sound economic foundation for the Jewish settlements". In addition, the Prime Ministert !i!r. Beginr said in Beit El that rrthe Jewish people will not be displaced from its towns and villages*. (Marariv, 3 Aprill Jerusalem Post 3, L4 April 1981)

56. The Prime Minister was re;nrted to have made the following pledge in the course of a visit to an Israeli settlement: "I Menachem, son of Zerev and Hassya Begin, hereby pledge my word that as long as I serve the nation ... as Prime Minister, we shal1 not abandon any area in the territories of Judea, Sanaria, the Gaza district and the Golan Heights. He was also quoted as having said that the Likud Covernment wants to live "in peace and respect with the millions of Arab inhabitants of the territories, but we shalt not hand over any part of the land of fsrael to a foreign ruler'. (Hararetz, 8 Mayt Jerusalem Fost, 8 May)

57. In a statement made to the Knesset on 5 August 1981, the Prime Minister referred to the guidelines of his new Governmentt these included a statement that fsrael would "raise its claim to sovereignty" over the West Bank after a period of self-rule. (International Herald Tribune, 6 August 1981) A/35/s7e English eage 20

(b) official measures adopted to put this policy into effect 58. The Israeli authorities were to intensify their settlement policy in order to create more rrreality" in the Arab territories. The next step according rrthicken, to Mr. Sharon, would be to and consolidate the existing settlements. This was to take place by:

(a) The creation of industrial plants in Karney Shomoron and Shaveh Shomoron; (b) The improvement of the infrastructurer the settlement of Elkana having been connected to the Israeli electricity grid, (c) The construction of permanent housing rrbuild instead of temporary accommodat.ion; the your own house" programme rdas gathering momentum and financial assistance was being provided by the Jewish Agency. Fifty to a hundred housing units in Kdumim and 35 housing units in Shaveh Shomoron \.rere operating under bhis scheme. (Asharb, 22 August, yediot Aharonqt, 25 August l9g0)

59. on 24 August 1980' the Cabinet gave preliminary approval to a project for a canal from the Dead Sea to the Mediterranean, passing through the Gaza Strip. Final approval $tas reported in March 1981; the estimated cost of project was then $750 million. The commencement of the construct,ion of the canal was reported in May 198I . (IIararetz, 25 Augusti Jerusaf,-em post, 27 August 1980; 30 March, 2l_ and 29 May 19Sf)-

60. The Ministerial settlement Committee, headed by the Minister for Agriculture, Mr. Sharon and the Settlement Department of the world zionist organization, decided to establish four new settlements in the West Bank: zif and Carmel in the southern Mount Hebron area, Reihan E on the northern west Bank, and yatir B, close to the 1948 cease-fire line in the Beersheba-Arad region. (Asha'b, Har areEz and Jerusarem P"t, 15 August; Al Quds, 15 August; JerusaLen post, 7,0-=I[u"@ 25 August 1980)

51. The Ministerial Settlement Department secretly decided to examine the possibility of establishing a new bloc of settlements in the caza Strip between Rafah and Kerem Shalom. According t,o the decision, Ministry of Justice experts wiIl examine land ownership and the world zionist Organization will see whether the soil is suitable for settlernent. (Jerusarem post, 5 september 19B0) 62. The Israeli authorities are planning the construction of a station for agricultural experiments in the Khan A1 Ahmar area, between Jerusalem and Jericho, on land confiscated recently from Arab lando$/ners of Al Aissawiya. (Asharb, 7 September 1980)

63. the Chairman of the Jewish Agency Settlement Department, Mr. Drobles, stated that the followin3 settlements were to be established shortly: Tekoa B (Etzion bloc region); Elkana B (near Ariel) i Shaveh shomoron B (in western samaria, north of Qaddum) and two additional settlements in the Reihan bloc (west of Jenin). (Hararetz, 10 Septemberl Asharb, lI September 19g0) A/36/579 English Page 21

54. Ttre Jewish Agency Settlement Department published a detailed plan to establish 70 (according to other sources, 75) new settlements between September 1980 and 1985. The aim rdas to establish 12 to 15 settlements each year in order to absorb 150'000 setLlers by the end of the period. The following settlements are planned: Gush Yatir (south of Hebronl 7 settlements Gush (west of t4ount Hebron) 7 settlements Gush Etzion 3 settlements Maaleh Adumim 3 settlements Gush Givon 2 settlements Ha1mish, Modiin and west of Assamirach 4 settlements Beit EI and Shilo 5 settlements Gush Arie1 and Karney Shomoron 5 settlements Gush Kdumim and Eilon ltcreh 6 settlements librth-west of Nablus and Gush Shaveh Shomoron G settlements Gush Reihan 3 settlements Jenin area 5 settlements Gush Tirza 4 settlements Jordan Valley and north of Dead Sea 4 settlernents near Jericho

(Yediot Atraronot, 18 Septemberi Asha'b and Al Ittihad 19 and 23 September 1980)

65. The Deputy Minister for Etefence, Mr. Tziporir stated that, according to a land survey undertaken by the Defence Ministry, there was nothing to prevent the establishment of large Jewish settlements on the West Bank, in the Jordan Valley, on the Colan Heights and in @za. He added that these areas can accomnpdate 1.5 million Jewish settlers. According to a memorandum submitted by the Director-General of the Prime Minister's Office, Mr. Mathilyahu Shmuelevitz, there are 3'200 Jews living in 24 West Bank settlements; the total population in 50 settlements stood at 171400. One report gave a total number of 50 settlements established since 1977. (Ifatarelg, 11 t{ovenber; Jerusalem Post, 12 lilrvember; Asharb' LL, 12 and 14 libvemberi AI Fajr Weekly L5-22 libvembert te Monde, lS lovember 1980)

66. The Joint Settlement Committee, headed by t.he Minister for Agriculture, Mr. Sharon, decided to establish the permanent urban settlement of Civonl Givat Zeev built on "300-400 dunams of recently located State-owned landr' vtas to constitute its suburb. The creation of !4ikhmash as a communal settlement between Kfar Adumim and Rimonim, east of Ramallah, was also approved. ltrirty families affiliated with "Gush Enunim" tvere to settle there. This settlement was retrnrted t,o be the fourth of what Prime Minister Begin had described as the last 10 settlements to be established by the Covernment in ''JudeaandSamaria''.(Ha'aret",l0December'@,10Decemberl980)

67. A plan was announced in December 1980 for the cgnstruction of several thousand flats on an area of 4.5 square kilometres expropriated in March 1980, on the immediate outskirts of Jerusalem. The plan included the creation of a nerd suburb to be called South Neve Yaacov, and the enlargement of t,he existing four Israeli settlements in East Jerusalem: Ranot, Gilo, east Talpiot and Neve Yaacov. According to one report, ttre plan also covers an area of some 13 square kilometres English^/36/57e Page 22 of Arabowned land whose development had been frozen since 1967 because of the absence of any "legal outline p1an" for the area. (Marariv, 4 December 1980; Jerusarem Post, 4 December 1980, 8 January and 22,ruiffii Hararetz, 4 December 1980, l January 198I; vediot Aharonot, 8 December F6tlllEha,b, 5 and 15 December 1980, I January f serrE.EF.J@, 7-L3 Decenber 1980;Z:I0 January and I-7 Fbbruary 1981i A/AC.145/RT.319, pp. 5 and t0)

68. The Ministerial Settlement Committee planned the construction of 750 housing units' in the settlement of Katzrin on the Ciolan Heights; 250 units were reported to have been completed by January 198I. (Asha'b, 26 December 1980; Al Fbjr Weekly, 4-I0 January 1981) 69. The ltinister for Agriculture, Mr. sharon, proposed a plan designed trto accelerate building and development in Judea and Samaria in order to conplete the Governmentrs settlement programme before the coming elections". His proposal consisted of giving private building contractors State-owned land in Jerusalem and other cities in lieu of payment, for constructing houses in Judea and Samaria. (Jerusalem Postr 23r 25 and 29 January lggl; Hararetz, 23 and 29 January 1981? ashs, 23 January 1981) 70. li!r. Meir Shaham, Deputy Director of the Ministry of the fnterior, agreed to allow 4 Jewish settlements on the West Bank to form local councils. (Al Fejr Weekly, 1I-17 January 1981)

71. Dlr. Israel Rosenblatt, President of the Regional Council of the Gaza eoast, announced plans to establish four new settlements in Gaza for Ir200 families. There were then four existing settlements accommodating 550 families. (AI lttihad, 3 Fbbruary 1981)

72. A ring of settlements, bordering on Jerusalem, was to be established along the ttamot-Nabi Sanwil-Givon road; 500 dunams of land were allocated for a new settlement in the Nabi Samwil area (north-west of Jerusalem); two communal settlements, Tel Hadasha (200 dunams) and Givat Zeev (200 dunarns), r,rere to be integrated in this urgan network. construction was to start in 1981. The areas were located on rrstate-owned land", in part belonging to the HIMANUTA company, i.e., a company registered in the name of HIMANUTA, an affiliate of the Jewish National FrrndT another part is trState-owned land'f administered by and registered in the name of the Israel Land Administration. (Ma'ariv, 15 Decemberi HatateEz, 15 and 31 December; Asharb, 15 and lG rrecemb"tT@-or mj*,!rl,- 4-10 January 1981)

73. The Uinister for Agriculture, Mr. Sharon, announced that seven settlements were being established on both sides of the I948 cease-fire line in the Mey-Amy area, close t,o Wadi-Ara (in the north-west area of the West Bank). Three were to be constructed in the area occupied in June 1967. (Marariv, 17 February f98I)

74. The Joint Settlement Committee of the Government and the Jewish Agency, headed by trlr. Sharon, approved the plan to establish six new set,tlement,s on the West Bank. It litas reported that work would start in the very near future and that, A/36/57e English Page 23

I.S. 50 million ($5 million) had been allocated for the construction of these settlementsl I.S. 100 million ($10 million) had been allocated for the expansion of Ll existing settlements. The new settlements are:

t'likhnash (on the Allon Road, north-east of Jerusalem, between Kfar, Adumim and Rimonim) Yakir B (on the "Trans-Samaria,' road, between Arie1 and Elkana) Nili (north-east of l4attityahu in the lr4odiin area) Shaveh Shomoron B (west of Shaveh Shomoron on the Tulkarem-Nablus road) Mitzpe-Govrin (near the village of Tarquniya, on the western slopes of ltt. Hebron) Tekoa B (south of Tekoa, bordering on the Judean desert)

(Jerusalen Fost, 2 Marchl Hararetz, 2 and 12 Marchl Asharb 9 Marchl Mararivt 5 !,tarchi AI Fajr Weekly 8-I4 and 15-21 March 198I)

75. Permanent names were given to new settlements on the Golan Heights, due to be populated by May 1981. lltre settlement located near the abandoned village of Kalra (Iibrthern Golan) was to be called Kerla. Yekotza or @lan 4, in the northern Golan, not far frorn the river Yarmuk, was to be named Meilsar. lltre settlement located between Ein Zivan and Keshet in the central @lan, called Jaisa, lras to be named Aloney Stabashan. (Ha.}gs,!_g, I April 1981) 76. Fbur new settlements were to be set up on the Golan Heights in the course of the financial year' in addition to the three that were under construction. The first of the four new settlenents h'as to be built in the northern Golan, the second would consist of turning the Nahal out;nst in Har-Dov into a civilian settlementr the third was to be located in Ein Simsim (central Colan Heights) t and the fourth was to be planned between Magshimim and Tel-Fares. These settlements were part of a plan to strengthen the settlements in the @lan and it was re;nrted that 1'000 families, scheduled to come to the Golan Heights in 1982 would complete the rr10'000 project" which envisages having a popuiation of 10r000 settlers in the region. (l'la'-g.lirr, 5 Aprilt Asharb, 2 and 6 April 198f ) 77. The ttinisterial Settlement @mmittee, headed by the Ivlinister for Agriculturer Mr. Sharon' decided to create two settlements: one in "Judea" and the other in nSamarian. One source reported their names as rrMattityahu B and Shaarey-Tikwan. These ldere reported to be the last of the settlements the creation of which had been announced by tt'tr. Begin several months earlier. In addition, the @mmittee decided to forest and fence off t,ens of thousands of dunams of "State lands and other lands in Judea" and "Samarial which were bought by HII4ANUTA in order to oprevent the continuation of the take-over by Arab villagers". The Comnittee also c.onfirmed plans for another 800 housing units to be built in the existing settlements within the following three months, at a cost of I. S. 240 million. These units ldere to accommodate 31000 settlers. (Hararetz, L'?', 18, and 24 Junet Jerusalem Postr 18 and 25 Junel Le Continent, 19 Junet Asha'b, 18 June 1981)

78. The t"tinisterial Settlement Oommittee decided to create a nevr settlement, Beit Aryeh B' in the Neve Tzuf BIoc, north-west of Ramatlah. It was also decided that two l,Iahal outposts would be turned into civilian settlements: Ivlaron and Carmel in A/36/579 Engl i sh Page 24 southern Mount Hebron. The two settlements were to be populated by settler groups belonging to thettAmonatt movement - the settlement movement of 'rGush Ilnunim". ft $ras further decided that a settlenent would be built on the ruins of old yatir; the settlement known as Yatir is officially called Mahaneh-Vat,ir. (Hararetz, 10 July; Asharb, 12 July 1981)

(i) Construction of new Israeli settlements and expansion of existing ones 79. Moshav Yehonatan, a new settlement on the Golan Heights, was formally established. (Jerusalem Fost, I August f980)

80. TIdo Nahal settlements were established, one in the Gaza Strip and one in the Jordan Valley. The one in the Gaza Strip is Gadid, formerly called Katif D, near Khan Yunis. The name of another settlement, originally called Gadid, near Rafah, has been changed to Bedolah. The regional council of the Gaza district now consists of the following civilian settlements; Netzer-Hazany, Ganey-Tal and Katif and the Nahal settlements of Netzarim (Deir El Balah), Bedolah and Gadid. The second Nahal settlement mentioned in the reports is Beit Hararava in the Jordan Valley near the Dead Sea. (Asharb, 15 Augusti Marariv, 19 August 1980)

81. Civilian settlers moved into Rimonim, 'ocated on the upper ridge of the Jordan Valley, replacing Nahal soldiers. ft is the second site the trlahal has handed over recently, the first being Kochav Hashahar, located 3 kilometres north of Rimonim. (gefuEelgrn lqq!, 24 September f980)

82. Mr. Drobles, Chairman of the Jewish Agency Settlement Department, stated that, since L977, 84 settlements had been created or rdere under construction by the Government, of which 58 were located in the occupied territories. After he took office in 1978, he had planned to create 57 settlements of which 44 had been established. He estinated that there were 18r000 settlers living on the West Bank, including the Jordan Valley, 7,500 on the C;olan Heights and 500 in the Gaza Strip. Another source gave the following figures: 122 settlement.s had been established since 1967 in the occupied territories; 68 of those had been established on the West Bank' 5 in the Gaza Strip, 20 in the Sinai and Rafah area and 29 on the Golan Heights. About 20,000 settlers were Iiving in those settlements; an additional 80r000 had settled in Arab Jerusalem and the new guarters built around Jerusalem, Eshkol Heights, the llench Hill, Neve-Yaacov and Gilo. (Ha'aretz, 10 September; Asharb, lI September; al tttihad, 19 September 1980)

83. Families had moved to the settlements of Homesh (located on a mountain top between Nablus and Jenin) and Vered Jericho, south of Jericho in the Jordan Rift,. Vered Jericho is, after Narama and Beit Hararava, the third out, of six settlements planned in the region. The settlement of Hinanit (Reihan B) was to be inhabited shortly thereaft,er. (Asha'b, 3 and 5 llovemberi Jerusalem Post, 3 and 4 November; Marariv, 3 November; Hararetz, 3 Novembert Al Fajr Weekly, 9-15 November 1980) P{36/579 English Page 25

84. lttre Jewish l€tional Fund started the construction of the Trans-Samaria road' Iinking the Tapuah settlement on the Nablus Jerusalem road with the Jordan Valley. As at I September 1981, this road $ras reported to have been virtually completed. (lvlarariv, 11 tlovenber; Asharb, 12 llovember 1980t Jerusalem Post, 2 September 198I)

85. Oonstruction preparations on 700 dunams of confiscated land started in Beit Iskariya near Bethlehem, under protest by the local population. The High Court of Israel had issued an interim injunction on 22 August 1980 in favour of the landowner' Mr. Ibrahim Jadallah Odeh, preventing settlers from cultivating the land, but on ll litrvember 1980, in its judgement, the High @urt rejected the applicantrs claim. (Hararetz, 13 and 14 I'lovember; Af-$j1@!!y, L6-22 libvember 1980)

86. The settlement of Vered Jericho was officially inaugurated. It was the third in a settlement plan of six settlements in the Jericho area and was to accomnpdate 100 Jewish families. lltre settlements Narama and Beit Hararava had already been establishedl Almog B, Narama A and Narama B rdere to be etablished shortly thereafter. (gg3gglem Post, 31 Decemberl Hararetz, 31 December; Asharb, 31 December 1980)

87. A group of immigrants from the Soviet Union moved into "north-west Samaria" to establish a nevr settllement. Fbrty homes have been prepared for the immigrants settling in Hinanit. (Jerusalem Post, 13 January? Asharbr 14 JanuaryT Al Fajr Weekly, L8-24 January 198f )

88. Tvo new settlements were set up in rUudea", called Maon and Carmel. These two settlements erere to be lilaha1 outposts at first and were later to be occupied by "Gush Bnunim"r and were part of what Prime t'linister Begin had called "the last 10 settlements'r to be established on the West Bank. (Jerusalem Post, 13 Januaryt Ashafbr 14 JanuaryT Hararetzr 9 January? Al Fajr Weekly, L8-24 January 198I)

89. Israeli Governrnent sources reported that four new settlements had been established in the Katif area in the north of Gaza district. 1r200 fsraeli fanilies vrere to live in them and in 40 other existing settlements. Tlro other settlements in the Katif area were being completed. (Asharbr 30 January 198L)

90. The Israeli settlement in Hebron known as Kiryat-Arba was the subject of t$ro reports referring to its expansion as a result of joint action by the Military bvernment and the Israel Land Mministration. The llilitary @vernment posted notices announcing its intention to "realize its ownership" of three separate plots of land of 100, I00 and 200 dunams respectively (according to one report 251500 and 200 dunams) located outside the boundaries of the settlement. Iocal residents were given 21 days to file objections, accompanied by written evidence of title. As no appeals were lodged, Kiryat-Arba residents rnaintained that the land was theirs. They subsequently planted trees on 25 dunams of the land and fenced off the area. TTro reports stated that the Housing Ministry had already started building 35 apartments on Givat Harsina and was scheduled to start 72 more within the following few days. O'ther information stated that the Jaabary family from Hebron had appealed to the Military @vernment against the seizure of a 250-dunam area for A/36/s7e EngJ.ish Page 25 the Kiryat-Arba expansion, stating that the land had been in the Jaabary family for many years and that the family was not aware of the notices issued by the t{ilitary Government concerning the take-over. The !4ilitary Governor of Hebron had given the family three weeks in which to lodge an appeal. (Jerusalem Fost, 21 Januaryl 3f aretz, 2l Januaryl Aplrarb, 22 Januaryl al fajr Weefty ZS-gt .fanuaryt Hararetz, 28 Januaryt Al fajr Weekly, L-'l Fbbruary lggl) 91. A considerable number of reSnrts reflected increased activity in the establishment of new settlements and the enlargement of existing ones prior to the ilune elections. The rr... number of settlements when the current Government took office l{as placed at 24 and [had reached] 72 ..." The tttinister for AgricuLture, Mr. Sharon, is quoted as saying that his goal of 85 settlements "would be easily reached by the 30 ilune elections". rn this connexion, Iarge anpunts of land, especially close to settlements nstate lrere reported to have been declared land'r. (International Herald Tribune, L2, 2L-22 and 25 Fbbruary and 28 February-l lvlarch; Ilararetz, zs reuiuaryl egtra,u, 25 February rggr)

92. rn April l98L' the sunmary given below was contained in a retrnrt giving the type and location of certain settlements in the occupied territories: Agricultural settlements:

Yafit, in the Jordan Vatleyi the first French speaking "OIimn moved to Yafit in August 1980. Its economy is based on fruit and vegetables.

Katif' Iocated in the Gaza Stripr is a religious settlement of modern Orthodox American 'tolimrr. Its economy is based on growing flowers, tomatoes and vegetables.

Meor !'trdiin, located l0 kilometres east of rod, leas established in 1975 by a group of religious American [Olim',. Industrial villages:

Elazar, located in Gush Etzion, 17 kilornetres south of Jerusalem, was set up by a group of religious American rOlim".

Yattityahu, Iocated in the Modiin area, east of Iod, was to be populated in summer 198I by families of the orthodox rrMerom Zion Garin,, who were at that time undergoing training at l"toshar l"levo Horon near Latrun.

Oommunity settlements :

Tekoa' Iocated 25 kilometres south-east of Jerusalem on the border of the Judean Hills and the Judean Desert. rts popuLation (30 faniLies) c"omes from the soviet union, the united states of America and France. v36/57e English Page 27

Givat Arveh ($ekoa B), Located 5 kilonetres south of ltekoa, vtas to accomnodate 40 fanilies by mid-ilune L98ll over half the members were nOlim" from the United states of A,merica. Eg!!_$, located 20 kilometres north of Jerusalem, a religious setElement. Its 60 families, mainly IsraeLi, include settlers from the Soviet Union, the United States of Anerica and Switzerland. Around September 198I an additional 30 families could be accornpdated.

(Jerusalem Post, 10 April 198L) 93. Ttre Allon road, 30 niles long and running fron the settlement or !!,arale Adunim on the Jerusalem-Jericho road northwards along the .Iordan Valley ridge, was inaugurated on 23 February 1981. Itris was reported to have brought the total length of the roads built by the Israelis since the occupation of the tfest Bank to nore than 125 miles. Irt addition, work was continuing on a number of roads "linking the coastal plain with the Jordan Valleyn. (Jerusalen lrcst, @' 24 lbbruaryt @1$!!g!, 26 February I98I) 94. bnstruction on a 50-nile road running through the Gaza Strip from Rafah to the north, Linking the settlements of Katif and Netzarim, began. (AL Fajr Weekly, 15-21 March 1981)

95. Members of the trKelan group settled at a provisional siter near the Wasit junction on the (blan Heights. lfhe permanent settlement was to be set up 3 kilometres north-east of Katzrin, in an area known as Ein Sinsim. It was, acc'ording to the Chairman of the Golan Settlements @mmittee' Mr. Shirpn Sheves, the twenty-seventh settlement on the @lan Heights and it was created as an agricultural settlement in the framework of the Cbvernmentrs decision to establish 3 new settlements on the Colan Heights this year. In addition, another settlement, Aloney Habashan, was set up nin great secrecyn in the centre of the Golan Heights, between Keshet and Ein Sivan. It was rep,orted to be the twenty-eighth settlement in the Golan. (Hararetz, 18 and 25 !,layt Jerusalem Fstr L9 l,tay 198L)

96. A new settlement, Har Odenr located on the lands of lr!,assada village on the 6Lan Heights was inaugurated. 1*re new settlement belongs to the "Zionist Worker Settlement lrbvement". Ttro other settlements - Mitzhak, located on the southern 61an tleights, and Aloney llashaban - were inaugurated. l4itzhak was reported to be the twenty-ninth settLement in the Golan Heights and the third to be set up during the month of June 1981. (Asharb, I and 30 Junet Hararetz, 30 ilune f981) 97. Israeli bulldozers started work on lands belonging to the villages of Dura and Beit Awwa in the Hebron region, in the vicinity of the fsraeli settlement of Mitzpe-Govrin. llhis was undertakenl despite an order nisi issued by the High Court of Justice at the request of landowners fron Tarqumiyal preventing rcrk in the area. llhe application of the Targuniya landowners to the High Court of Justice was made by a oHebron Oommittee of Arab Iawyersrr which had been formed for the PurIDse of assisting landolrners in such claims. (Ilataretzr 4 .Junet $jI:-@!}1' L4-20 June 1981) A/36/579 English 'Page 28

98. Ceremonies were held in a number of new Israeli settlements: In Beit Aryeh, north-west of Ramallahl in Maaleh-Amos, near Tekoa, south-east of Hebront in Mattityahu between Icd and Ramallahl in Givat Zeev between Jerusalem and Ramallahl and in Emnanuel near Ariel, between ttrablus and Ramallah. A new settlement called Matteh-Benyarnin at Jebel Tawil, near EI Bireh was established on an area of 5r000 dunams on which the Military Government had forbidden any construction since L976. (Jerusalem Post, 18 and 22 Junel Hararetz, 9, L4, 18, L9, 22 and 25 JuneT A.sharb, 25 June; Al Fajr weekly, L4-20 June, 2L-27 June, 28 June - 4 July 1981) 99. A new settlement' called Mitzhak, reported to be the twenty-ninth on the Golan Heights has been established near the fsraeli, Syrian and Jordanian borders. ft is one of three settlements whose creation had been approved by the Governrnent a year earlier. Mr. Drobles, Chairman of the Zionist Settlement Department, stated that the security authorities had approved the building of a road from Mikhmash on the AIIon road to I'leve Yaacov, and Israeli settlement north of Jerusalem.

100. Thirty families belonging to "Gush lxnunim't moved into Yamit, the principal fsraeli settlement created in librth Sinai since 1968. A ner,r settlement, called Shaked, was inaugurated in the Reihan bloc, on the northern West Bank. (Le OonLinent, II/LL Julyt Marari.v, 14 Julyi Asharb, 24 JuIy 1981) 101. Some 900 fanilies bought plots of land in the Elkana settlenent area near tne 1949 cease-fire line, south of Qa1qilya under the "build your own house" scheme through the Yosh Investment and Development Co., Ltd. This company started its activities after registering in the Tabu (public registration) in Ramallah a year earlier and had bought a number of sites, including an area with 450 plots of land (of 500 sq. metres each) west of Elkana, the price of which was $11500-$21000 each. A sinilar company had been created earlier in Kiryat-Arba, under the name of rrOompany for Development and Trade in Judea and Samaria". It bought lands near lhe villages of Aniriya' in the Nablus area. Fburteen landowners from Azzamut village claimed that land sold to the Kiryat-Arba Conpany was their property. Ttrey had applied to a local court in Nablus and had obtained a temtrnrary injunction, but the applicants were unable to enforce it. (Yediot AtraronotT 23 JuIy I98f) (ii) Expropriation of property to carry out construction and expansion of settlements

102. In Kdumiml D€6lr Kfar Qaddurn, Nablus, a nevr suburb was under construction on a 100-dunam (0.1 sq. krn.) area in August 1980. D

103. on 12 August 1980' the Mititary Government informed villages of Deir-Jarir in the Ranallah district that their lands had been expropriated for the benefit of Israeli settlements in the Kokhav-Hashahar area (north-east of Ftamallah, bordering on the Jordan Valley). The villagers refused compensation. (Asharb, Hararetz, 15 August 1980) A/36/579 Eaglish Page 29

I04. Inhabitants of Ramun, east of Ramallah and north-west of Jericho received seizure orders for 850 dunams (0.85 sq. km.) of land for Lhe expansion of the Nahal settlement, Rinonin. The Military Covernment stated that the land had been seized and not expropriated, the legal difference being that formal ownership remains with the original owners. According to one retrnrt, the seizure order involved about 101000 dunams (I0 sq. km.) of land to which the owners could prove ownership because they possesed the "Tabu Kawashin", registration documents. (A.sharb, 25 August, Jerusalem Post' 26 August 1980) 105. Work started on the confiscated land of Anata and AI Issawiya in the Khan AI Ahmar area. The land was confiscated for the benefit of the lGaleh Adumin settlement. (A.shatb, 28 August f980) 106. The Israeli authoriti." *U three wells used by farmers from Al Issawiya for the irrigation of their lands. (Asha'b, 7 September 1980) 107. The military authorities confiscated 50 dunams (0.05 sq. kn.) of land from the village of Mardah (Silfit, south of Mblus). (Asha'b, 12 September 1980) I08. ,,Jordanian authorities" published a reSnrt in 1979 concerning confiscation of land by the Israeli authorities in the occupied territories up to 1978. 114891000 dunams (11489 sq. km.), representing 27.3 per cent of the West Bankrs total of 515001000 dunams (51500 sq. km), r^rere stated to have been confiscated. Of thatr 3481000 dunams (348 sq. km) were confiscated for the purpose of establishing setglements and I'14I1000 dunams (1rI4t sq. kn. ) were confiscated for other purposes, mainly military. the same source gave the following breakdown of the lands confiscated for settlements: A/36/s79 English Page 30

Confiscated Existing Housing lands Number of housing under Region (in dunarns) Settlements settlers units Construction

JerusaLem 94,564 76,.600 25 r9L8 44,450

RamaLlah 35,800 L2 1,514 198 50 A1-Bireh

Hebron-Bethlehem 116,150 L2 6 r895 543 9 r000 and Jericho

NabLus-Jenin 20,86 0 I4 1,050 245 2 1237 and Tulkarn

Jordan Valley 80 r 700 I9 4 r5gg 145 330 lbtal 347 ,87 4 58 90,L47 28 ,050 55,067

Source: (AL ITTIHAD, 23 September lgSO)

109. Ttre rnilitary authorities confiscated 21500 dunams (2.5 sq. km.) of land in the village of gatana, near Ramallah. ltre Mukhtar of the village $ras summoned to the Military bvernrnent Headguarters in narnffiSlTnd asked to sign documents, facilitating the seizure of lands. After his refusal, the llilitary Governor threatened to forcibly expel the inhabitants. A report appearing in libvenber 1990 states that 31000 dunams (3 sq. km.) were confiscated without prior notification in the same area. (A.sharb, 30 Septenberr AI Fajr Weekly, 23-29 lrtrvember l9g0) 110. rsraeli authorities seized 50 dunams of land in Beit Sahur belonging to the Arab Ibusing Association. (A.sharb, 27 @tober l9g0)

L1I. the Military @vernmen! confiscated land belonging to the villagers of Ketel Ilarisr near t€blus, for the expansion of the Ariel settlements. (aI rajr weekly, 2L-27 December 1980)

112. The rsrael Land Adrninistration, in co-operation with the Jewish National Fund, "appropriated" thousands of dunans of land on the west Bank to estabLish six new settlements. I'000 dunams of land belong to the villagers of Sirir (or Said) were seized and allocated to'the new industrial zone of the Israeli settlement of Kiryat-Arba. The Military @vernment stated that the lands in question were State'owned, that prior notification had been given and that claims could be A/36/579 English Page 3I

Iodged with the Military Government "Objections Oommittee" within 21 days. (Haiaretzr 15 and 17 Decembert 9?g, 17 Decemberi Ashatbr 16 and 22 Decemberl Fair weekl-v, 2L-27 December 1980)

Il3. Some 60 dunams were expropriated in Silwad and an additional 45 dunams in Ein yabradl plots were fenced off in preparation for their annexation to the Givon settlement. (Zu Haderekh, 17 December 1980) II4. 2,000 dunams (7 sq. km.) of cultivated land belonging to 120 fanilies fron Tarquniya (Hebron) were confiscated. The Military Governor of Hebron claimed that this was'state land" in accordance with Military Order lib. 59 of L957 1 €v€rl though palestinian families had title deeds. I{olders of such deeds were given 2l days for the submission of objections. This land was to be used to establish a new Israeli settlement, Mitzpe-Covrin, for which an estimated 31000 dunams (3 sq. km-) were allocated. It nay Ue recalled that the creation of this settlement had been recently approved by the Joint Settlement Cornmittee of the Government and the Jewish agency after Mr. M. K. Yadin presented an appeal against it. Other confiscated land near Hebron will be used to establish the settlements of Maron and Carrnel. (Yediot Atraronot, l lbbruary 1981i Asha'br 2 February 19811 Ea'aretz, 2 February I98Ii Al Fajr Week1y, 8-14 February 1981) Il5. I,500 dunams (1.5 sq. km.) in the villages of Betunia, Ajaiby, Ajadira and Rafatr in the Ramaltah area, were declared "state lands" or seized for security reasons (one source puts the figure at 51000 dunamsr or 5 sq. kn.). (Asharb, I February I98I; Yediot Aharonot, I February 19BI; AI Fajr Weekly, 8-14 February 1981) 115. Land was confiscated in the Jenin area for the establishment of new settlenents, among them Jeninite (Reihan bloc) and Tel Dotan and Tsiphon A (north Shomoron bloc). The settlement of Shaveh and Shomoron, in t,he Sebastia area (between Jenin and DIabIus) is also planned. (International Herald Tribune, 12 Februaryl Al Fajr Weekly, 8-I4 February 198I) 117. In the l.lalbus area, I5r000 dunams (15 sq. km.) were expropriated as "state land,,. Itrat included 6r000 dunams from Sa1fit, south-west of Na1bus, intended for the expansion of the ariel settlement and its new industrial zoner dnd 81000 dunams in Tubas, north-east of Nablus. Mukhtars in both areas were informed of the seizure and inhabitants in the SaFEEa claining title to the land were given 2t days to register their objections. The establishment of a further Israeli settlement in the lilablus area eras retrnrted by a spokesman fr:om the Israeli lbusing Ministry. (Al Fajr Week1y, 8-I4 and I5-2I Februaryi ry-,-? 3"d 20 Februaryl Hararetz, S , 9 Februaryi rhe Tflnesl 12 Fbbruary 1981) 118. The mukhtars in the Abu Ois area were notified by the Mititary @vernment that approxirna@ 11000 dunans (11 sq. km. ) near the Israeli settlement of ltaaleh Adumin near Jerusalem had been declared 'rstate land". Villagers were given 2I days to appeal. (Hararetz, 25 Februaryi qerusalen Post, 25 Februaryt Ag@!' 26 February 1981) A/36/s7e English Page 32

1I9' since october 1980' the Military Governrnent has confiscated a total of 20'255 dunams (20 sq. km. approxinatery) of alreged ,rstate land,', for the establishment or enlargement of settlements, in addition to 4r300 dunams (4.3 sq. kn.) in the Etzion bloc area, registered as "Jewish-or,rnedrr land. 250 dunams of alleged "state l-and" were used for security installations in the Tubas area in "Sanaria" (northern West Bank). The re1rcrt mentioned the following figures for the settlementsr

DJnams

Mitzpe-@vrin 2,000 Maron and Carme1 4,000 Tekoa B 2 1350 Mikhmash 150 Efrat 35 Elkana B (near Ariel) 5,000 Givon 150 Givat Hadasha 180 Migdal Oz 100 Gush Etzion 180 Kdumim 4s0 l4odiin (Nili) 600 Nabi Samwil 450 Maaleh Adumim 350 cirrir 4 r000 (Hararetz, I l.l,arch; Al Fajr Week1y, g-14 March fggf )

120. Military authorities seized lands belonging to villagers from Deir Dabwan, located north-east of Ranaltah. Another settlement was to be established on 500 dunams of land (0.5 sq. kn.) seized from Al Jib village (near Givon). (Asha'_b., 16 March; Hararetz, 15 and lg l,4arch 19gI. ) 121. Iandowners fron the villages of Sirir and Shuyukh maintained that 5'000 dunams of their land (5 sq. km.) had been expropriated for the expansion of Kiryat-Arba. (Hararetz, L9, 20 and 22 t4atchi Jeruialem Fost, 22 l,larch 19gl)

L22' An article entitled 'rGovernment reveals real facts on West Bank landrl 9ave an account of the policy followed by the Government in the acquisition of land for rsraeli settrements. Trrro hundred thousand dunams (2r000 sq. km.) had been allocated to Jewish settlements on the West Bank, including 3Gr004 dunams since June 1980. Thirty thousand dunams had been classified as ,'state landr', a figure reportedly nstate contradicted by lawyers handling court cases against the take-.over of land"- Some 20r000 dunams had been allocated to settlements in the Ariel and Shornoron area' and another 201000 dunams in southern Judea in the area of Mitzpe-Govrin. rn addition, some 17r000 dunams east of Abu Dis have been decrared 'rstate land". (Jerusalem bst, 6 April fggl) A/36/579 English Page 33

123. Villagers from Dir Jerir, north of Ramallah, complained that some 130 dunams of cultivated land had been seized by the army, "ostensibly for nilitary purposesr. Several Arab villagers from the Ramallah districtl whose lands had been expiopriated for security needs and settlement purposes, refused to accept compensation. (Jerusalem Fost, 19 MayT Marariv, 21 May f98f) 124. The Military @vernment was to authorize an Israeli farnily from Kiryat-Arba settlement to nove into a house located in the Jewish quarter of Hebron. Another houser called the -"Jarfaty House" was to be occupied by a family of Israeli settlers. These houses are situated approxirnately 500 metres from the "Hadassah' building in the centre of Hebron. The Military C;overnment evacuated three Arab families that had been "illegally" occupying one of the houses after pressure by Israeli settlers from Kiryat-Arba. The Military C;overnment was to protect the new Jewish occupants of the two houses. Kiryat-Arba settlers were to accommodate 20 Jewish families in houses seized from Arabs around the Ibrahimi l'tosque, in spite of an order by the prime Minister, Mr. Begin, to freeze the establishment settlements in Hebron. (Asharb,\;,.:. 25 and 27 May', Jerusalem Post, 24, 27 and 29 l'lay, A1 Ittihad, 22 l,rayi EqE!3, 13, 2J-, 24, 25 and 27 May 198f) 1iil1 Budgetary allocations to carry out construction and expansion of settlements 125. The Knesset Finance Committee granted I.S. 100 million (approximately $10 mitlion) for the establishment of the two settlements in the Katif bloc near Gaza. It also allocated I.S. 2 million for water projects on the @Ian Heights and I.S. 3 rnillion for water projects on the West Bank. (A1 Fajrr 26 Octobery Hafaretz t 22 OcEober 1980) 12G. A project to complete construction of existing settlements on the West Bank and the Golan Heights at an approximate cost of I.S. 87 nillion (approxinately $8.7 million is under consideration by the "settlement bodies". Another project to create l0 new settlements on the West Bank and the Colan Heights and in the Gaza Strip at a cost of I.S. 150 nillion (approximately $15 million) is also under discussion. (Hararetz, 27 lsvember 1980) 127. An additional I.S. 3.9 million was being spent on preparing the government buildings in Sheikh Jarrah (Jerusalem). According to another source' a sum of I.S. 14 nillion (approximately $1.4 million) had been allocated. (Jerusalern Post, 23Decenber'@,3IDecemberiA1FajrWeekIy,4-10January1981) 128. Mr. Drobles, Head of the Settlement Departnent of the World Zionist Organization obtained I.S. 50 million (approximately $5 million) for the creation of 6 settlements, Lo be established by JuIy 1981, namely Mikhmash, Yakir B' Shaveh-Shomoron B (in the northern part of the West Bank) r Tekoa B and Mitzpe-Govrin (in the Jericho-Dead Sea area), and Nili (on the slopes of Mount Hebron). part of the funds were to go to the building of 400 additional homes in existing settlements. Mr. Drobles predicted that these measures would add 31000 settlers to the population of the region, which by the sunmer of 198I should have reached 25,000, and would bring the number of Israeli settlements on the West A/35/s79 English Page 34

Bank and the Gaza strip to, according to one source, g4. (A1 Fajr weekly, 15-21 Februaryl Marariv, r0 Fbbruaryl Asha'b, 12 Februaryt ryggJ, rbbruaryS AI Ittihad, 25 February? Jerusalem Post, 26 Februaryi rnternaCional Herald TriEune, 2G rebruary; tta,lffiuaryi rnterniti@ 2L-22 February 19Sl)

L29. Five hundred housing units are projected for the Karney Shonoron settlement. The sun of r.S. I001000 (approximately $101000) is to be allocated for each housing unit. In addition, 54 housing units are to be established in Eilon Moreh. Both settlements are located on th northern West Bank. (Asha'b, 18 and 19 lr4arch I9g1) 130. The Knesset Finance Comrnittee approved the transfer of I.S. 100 million (approximatety $8.4 nillion) from the budget reserve for settlement expansion in "Judea and Samaria". The decision concerns the settlement of Mikhftash, Shaveh Shomoron B, Tekoa B, Mitzpe-6vrin, Nili and yakir B. I (Ha aretz 1 22 Nlay 19 8I ) I31. The l(nesset Finance committee confirmed prans for another g00 housing units to be built in the existing settlements within the next three months, at a cost of I.S. 240 nillion (approxinately $19.2 mirlion). These units are to accornmodate 3r000 settlers. (Hararetz, L7, 17 and 24 Junel Jerusalem post, Ig and 25 June; Le Continent, 19 June; Asharb, 18 June 1981)

(iv) Othgf meaFures adopted in irnplementation of the policy of annexation and settlenent I'Gush 132. Fnunim", (a religious settlement) has bought several dozens of dunams of Iand in "Judea and Samaria". An unprecedented drive was reported in purchases made by land dealers for the State Land Administration (Ma'ariv, 18 August 1980) I33. llhe Government of Israel decided to take over the Jerusalem District Electricity Conpanyl this decision was contested by the Board of Directors and several exchanges $tere reported regarding this dispute. A compromise agreement was reportedly under way between the Conpany and the @vernment of Israel. According to this agreement, the Ministry of Erergy would renounce the proposed take

I34. A year earlier, the Prime Minister, Mr. Begin, had authorized the Deputy Defence Minister, ME. Tzipori, to buy private land for settlements in the territories occupiecl in 1967 which were short of "land reserves"' FOlIowing nnegotiationsr', over 5r000 dunams (5 sq. km.) were reportedly bought, Iocated in ,,vital and strategic areas". All I'state land" located in the occupied territories had been mapped in the past four years and the State (of Israel) had, at that time' approximately I.5 million dunams lfrSOO sg. km.) of land in "Judea, Samariarr and Gaza. AII the land "without ownersl in those areas were marked in that operation' (Yedie!_sbelele!, 18 MaY I98r) 135. Soldiers started the construction of a road by uprooting hundreds of pine trees in Im souda forest near Beit Fajjar village. The road is to link the Migdal oz settlement with the Jerusalem-Hebron road. In addition, it was reported that fruit trees \tere uprooted on 500 dunams of land in Beit fskariya' (Asharb' 13 November, A!-g;!a$!!y, L6'22 November 1980)

135. rn September 1980, a law was adopted in the Knesset enabling syrian nationals belonging to the Druze community on the Golan Heights to obtain Israeli nationality. This law was reported to have conte into force in November 1980' In December, 900 Druze were reported to have applied for Israeli citizenship; it was also reported that the first 15 Israeli identity cards had been issued. tr number of reports claimed that the Israeli authorities applied pressure to Druze inhabitants of the Golan Heights to obtain Israeli nationality. This included dismissal of school teachers who refused to obtain Israeli identity cards. (Hararetz, 10 and lI lilovemberi AsharP, l? N":.mberi AI Fajr-Wee[Iy Zffivember 1980;Jerusalem Pffi-, l0 and 15 Decembert Al.Fajr weekly! 2L-27 December f9eO;-;;6;T5-f-and 23 Januaryt At lttihad, 23 Januaryt Al Fajr Weekly, 4-10 and 25-3L January 198I-

137. The Mayors of Bethlehen, Beit Sahur, Beit JaIa and the mukhtars of L.r€ surrounding villages received a rnilitary order from the Israeli Military @vernor forbidding them to continue to build in areas along main roads, particularlY around military bases and settlements. Similar orders were issued concerning striPs of Iand 50 t,o I00 metres wide along both sides of main roads in the Jenin area. IPcaI sources maintained that thousands of dunams had been closed off in this way' (Asha'b, 25 JanuaryT Hararetz and Jerusalem Post, 26 January t98I) 138. Orders were issued by the Military @vernment prohibiting construction on and off 41000 dunams (4 sq. km.) oi land in El Bireh in the north of the city' closing since A total of 101000 dunams (10 sq. km.) of land in EI Bireh has been closed off Lg67. (A1 llajr Weekly, 22-28 lebruaryt Al Ittihad' 17 February? Asharb, 15 and 20 Fbbruary 198f)

139. The settlements of Karney Shomoron, Maaleh Shomoron and Kdumim, on the northern west Bank, were connected to the Israeli regional electricity net$tork and the t"tinistry of Energy announced that the remaining settlements in the region titere to receive electricity in the near future. The Minister for Housing and Absorption announced that "2r000 new houses will be constructed in Karney Shomoron in the coming weeks,'. (AI Fajar weekly ,22-28 Fbbruary and 1-7 Marchi Ha'ateLz, 19 Fbbruaryi At lttihad, 20 Fbbruary I98I) A/36/579 English Page 36

140. The first rsraeli local council was established in the occupied territories. (Marariv, 5 March; Ar lajr weekly, g-14 March; Hararetz, g March 19gl) 141. rsraeli bulLdozers started work on a 15 metre wide road through cuJ.tivated land in Abu Ayash' east of Hebron. The road was to serve the Kiryat Arba settlement; work started despite an injunction issued the week before by the Military Review Board. work also continued on lands of the village of Tarqumiya on Mount Hebron, but was later halted upon the issuance of an order by the ltigh Court of Israel. villagers from Beit Lid near Anabta (Tulkarem area) maintained that the Military Government had declared a 1r500 dunam area (1.5 sq. km.) as "State-owned land". Inhabitants of both villages appealed to the Military Review Board. (,IerP9alen post, 13 and 15 March; lqqigt Aharonot, 9 March; Hararetz, g, g,10, ll, L2, L3 and t6 Marchl Asha,b, ro uaEET-FFGil?, 24 M*cnr@., 15-21 March; Maariv, fZ r'fa7cn 1981)

L42. The Israeli authorities adopted a 'ryour house is here" plan on the Golan Heights. According to this project, the Katzrin settlement and other settlements were to be enlarged. (Asharb, 7 April 19Sf)

143. A drive being carried out by the Government of Israel was said to have as ics aim the settli.ng of some 30r000 people in up to 80 settlements on the West Bank by election day (June I98f). The search for rtuncontested land'r followed the ltigh courtfs ruling in the Eilon Moreh case (22 acEober 1979) ordering the dismantting of the settlement of Eilon Moreh overlooking Nablus. fn that judgement, the Court ruled that Jewish settlements could only be established on private t'reasons land for of securityr'. Ftrllowing the Courtrs decision, the Military @vernment undertook an extensive review of land ownership on the west Bank. This review confirmed that, at most, only 50 per cent of the tand on the West Bank had undergone the legal process of resolving ownership and finally registering title. (Jerusalem Pgst, 5 April 1981)

L44. A first "municipal court" in 'Uudea and Samaria" was opened in Kiryat-Arba. The SLatus of the Kiryat-Arba @uncil was changed into an independent local council. Mr. Avraham Ben-Hador, a judge at the Jerusalem irlagiitraters Court was appointed as the first fsraeli civilian judge in "Judea and Samaria". The Court opened on 23 June, and was established by virtue of Military order No. 897 dated I March 1981. ft was designated as the fourth amendment to the order on "administration of regional councirs, Judea and samaria", No. jg3 (r979). According to informaLion received by the Special Committee, the jurisdiction of the civil court is laid down in section 15 A, subsection 121 c:

" (a) The Court will be authorized to deal with offences according to the regulations and alL other offences on the basis of supplementary laws passed by the Council; to deal with alt offences committed within the jurisdiction of the Council against the law or designated orders; the Court wil-I be empowered to mete out the punishment set out in the regulations, supplementary law, law or order, as stated. A/36/579 Erglish Page 37

u (b) In addition to what is set out in subsection (a) the Court will be emSnwered to deal with other matters set out in these regulations or in anY order. " Similar courts were to be established for all the other regional councils' ,,as soon as their size and the number of their laws make it necessary". (Jerusalem Post, 23 June, Hataretz, 13 May, 23 and 24 Junei el fajr.Wggbly, L4-2O June and zS.rune-aJury rgglr Military order l{o. 897 dated I March 1981) I45. Mr. Mustafa Nusseibeh, Director of Water Supply on the West Bank, accused the Israeli authorities of "drying off" the Arab population. He said that 20r000 Jewish settlers in the Jordan Valley and on the West Bank received a quantity of 27 million cubic metres of water, while 700r000 Arab inhabitants ieceived 26 million cubic metres. (Hararetzl 9 JulyT Asha'b, 10 July 1981) 146. Israeli bulldozers started to cut roads in preparation for the establishment of a settlement on the Anabta lands of Beit Lid, Ramin and Kafr Al Labd. This took place whilst the case concerning these lands was pending before the High Oourt of Justice. (Asha'b' I Julyr Maariv, 9 July 198I) 147. lrtre Israeli Electricity @rporation completed works that would supply electricity to Jewish and Arab localities throughout the northern West Bank' from the edge of the concession area of the Jerusalem District Electricity @npany in the south up to the Dotan Valley in the north. Seven Jewish settlements (Karney Shomoron, Ariel, Elkana, Tapuah, I"laaleh Shomoron, Shaveh Shomoron and Kdumin) and 3 Arab villages (BaIa, A-IIur Shams and Albad) had already been connected to the national grid and the t'lilitary Governor had ordered the connexion of another l-4 Arab villages to the Israeli grid within the period of one year- (Hararetz' 3 JuIy 1981) 148. A new regional council named "Megilot" (scrolts) was established for Jewish settlements in the northern Dead Sea region. Another local council had been established earlier in Maaleh Efraim, in the heart of the Jordan Valley. with the establishment of the new regional council, the deployment of the Israeli local administration throughout rUudea and Samaria" was completedt it includes 84 settlements grouped in 5 regional and 5 local councils. According to IvIr. Mair Shahem, Deputy Director General of the Ministry of the Interior' the budget of the local authorities is I.S. 250 nillion (approximately $20 nillion). He also pointed out that the local authorities would constitute a district town-planning committeer Parallel to the Arab localities. (Ma'ariv, 29 Julyi Hararetz, 29 JuIY f981) (d) Settlersr activities 149. A group of Jewish settlers living near the village of Da$rra AI Karra' district of Ramallab, provoked the olrners of land located near their settlement while they were cultivating it, on the pretext "that the land belonged to the settlementrr' (A.sharb, 29 August f980) A/35/579 Erglish Page 38

150. About 25 'rGush Bnunim,i settlers have been living in a building adjacent to Beit Hadassah in Hebron since the previous Passover. (Jerusalern bst, Ma rariv, 3I August f980)

l5l. The Military Court of Appeals sentenced Acting-officer yoshe Ben-Aryeh to 3 yearsr effective imprisonment and Private l"toshe teibovitz to 2 yearsl effective imprisonment. lrhe Court reversed the sentences imposed on the accused by the Central District Mititary Court (Jerusalen). This court had sentenced ltlr. Aryeh to 19 rpnthsr effective imprisonment and t8 months suspendedl Mr. Leibovitz had been sentenced to a 13 npnth prison term for ,'taking arms from an Israeli army depot in Jerusalem, unnecessary use of property belonging to the fsraeli Defence Fbrces and improper conducttr. The judges in ttre Central District l4ilitary Court had lnintekach" npvement, to 9 monthst inprisonment on a series of charges arising from two incidents in Ramallah and tilablus early in 1980. He.was subsequently released on 12 December 1980' as a result of a reduction of sentence approved by the Prime t{inister, Mr. Begin. Mr. Yossi Dayan, another leaderl wds sentenced to a 2 rpnth probationary period for his part in the incidents. Kahane and Dayan had been convicted of breaches of the peace and distributing political authorization. leaflets without lttrey were acquitted of the charge of incitement since "there was no intention to influence peoplers opinions". (Hararetz, Jerusal-em Fost, lG septembert ilerusarem Post, 14 Decemberl vediot eharonotl-ff oecernEErlfif,lTEJ5 oecember 1980)

153. A spokesnan for the Military @vernment in "Judaea and Samaria" acknowledged that 10 Kiryat Arba settlers were occupying a house known as 'rthe pharmacistrs Houseor next to the 'Hadassa', building in Hebron. (Hararetz, 2 septembery A1 Ittihad, 9 September I9B0)

154. fsraeli settLers at Gush Etzion took over part of the land belonging to Arab villagers from Nahileen in the Gush Etzion area with the help of the Military Government. This was alleged by Nahileen villagers. (Hararetz, 5 September 1980) 155. lbrth Sinai settlers formed two organizations to fight Israeli withdrawal fron Sinai and the dismantling of settlements between Rafah and El Arish. The organizations incorporate the residents of the settlements of yamit and Etzelr dnd comprise settlers in the agricultural settlements in the area. (Jerusalem post, 16 September 1980) - A/36/579 English Page 39

156. On 17 October 1980, settlers from Kfar Etzion seized land belonging to Palestinian farmers in the village of Artas. The settlers used a bulldozer to uproot fig trees, almond trees and grape vines on the farm of I'tuhammad Ahmad l\bu Souway. Abu Souway and his wife were forcibly evicted from their land. . Two days later, the settlers cleared two roads through Abu Souwayrs farm, destroying trees and, in total, 120 dunams of cultivated land. (A1 Fajr Weekly, 26 October-l ltbvember f980) L57. Kiryat-Arba settlers attacked Palestinian homes near the settlenent, beating up women, children and old people and shooting in the air. (Jerusalem lbst, 30 lbvemberl 41 Fajr Weekly, 30 l,lovember-5 December 1980) 158. An Israeli settler; Avigdor Erskin from Kiryat Arbar together with another settler rdas responsible for a shooting incident after breaking into the Hebron Ibsbah, causing damage. Erskin !,ras reported living without authorization from the Military Covernment in a house located in the area of the old Jewish cemetery in Hebron. It was subsequently reported that an Israeli nagistrate ordered his detention on 22 December 1980 and that he was released on 30 December 1980. (Hararetz, I Decembert 4] Fajg_Weekly., 4-10 January and II-17 January I98l) 159. A 6Q-year-old Palestinian from Hebron was hospitalized after being attacked by Kiryat-Arba settlersi another Palestinian rdas beaten in the streets of Hebron. It was subsequently reported that two Kiryat Arba residents had been arrested. (Asharb, 2Z pecenbert Marariv, 24 Decemberi A1 Fajr Weekly, 4-10 January 1981) 160. Jewish settlers confiscated an estimated 1r000 dunams of land near the town of Beitunia, near Ramallah, and fenced off the area belonging to the villages of Beitunia, Al Jadireh and Rafat. (Asha'b, 7 December; }|f3j.1$9!]y' L4-20 December 1980)

16I. Jewish settlers in "Judea, Samaria" and the Gaza Strip, representing 40 settlements, established a council to oppose the "autonomy plan" or any attenpt to return to Jordan the area in the vicinity of the "Etzion bloc" settlements (Iocated between Hebron and Bethlehem). Most of the 24 Jordan Valley settlements did not send representatives, because of their opposition to the extension of Jewish sovereignty over the hills of the West Bank. (Jerusalem Post, 24 bcembert Hafaretz, 24, 25 and 26 ftecembert Asharb, 26 Decembert I€-En<]gt 27 .December 19801 Al Fajr Weekly' 4-10 January 198I)

l-62. !{ore than 300 settlers from the "Gush Emunim" settlement occupied one of the heights of A1 Jaib vitlage, north-west of Jerusalem, refusing the suggestion by the Prime Minister, Mr. Begin, that they move to another height. Asharbr 26 JanuarY 1981) 163. Palestinian residents of Artas, south of Bethlehem, reported the closing by settlers from the Israeli settlement of Kfar Etzion, aided by troops and personnel of the West Bank Commandrs "Custodian Unit", of an area of 770 dunams in the Etzion bloc cul-tivated by the villagers and containing a vineyard and eight inhabited houses. (Hararetz, *rusalem Posgr 26 January 1981) A/36/s79 English Page 40

154' An Arab family was evicted from a building near the Daboyah central Hebron building in by 20 members of the "Gush Enunim" who were ociupying the Daboyah building and who had tried to take over the neighbouring buirding.vs4rsJ (A1 Fajr Weekly, 29 January lg8l) -": 165. Settlers in the Etzion rstate bloc settlements reportedly,, ... began locating areas that are landsr. The operation is carried but in co-ordination out by the settlers, with the settling bodies.,, vilragers comprained that 20 armed settlers were surveying land, and setting (3 sq. kn.). (Marariv,3 up markers over 3r000 dunams Februaryt A1 Fajr weekry, g-14 February r98r) rrGush 166' Enunim" families (rsraeli settlers) established ca11ed Yakir (north a new settlement of Qarqiriy?) and formerry known as Karney shomoron rrD,, located 10 kitometres from the 1948 cease-fir! tir,". post, Asharb, 6 February IggI) l,lerusalim 5 FebruaryT

167' Representatives of the rsraeli settrers in the @lan meet the Prime Heights were pranning to Minister' Mr. Begin, to reguest that ,, ... Irooo more settlers join them in the syrian territory." settrers in the Jordan authorities to fornarize Valley rrere requesting their ownership of the rands that they had been occupying since L967, and to issue to them legal 15-21 titres to these rands. rebruarvl Asharb, ro anJ-rt pebruaryl The Times, t2 Fbbr"J*###q' 168' the rsraeli settlers in northern sinai the settlements in this announced their inability to evacuate region and to reave them to Egypt by r9g2. They arso criticized the rsraeri Government's plan to reduce the the settlers by the compensation ratio due to imposition of income taxes. (Asharb, 20 Fbbruary rggl) 169' A group of rsraeli settlers from shiro (an rsraeli settlement near Ramallah raided the Arab village of sinjel on the Ramarlah-Nablus house windows' road, smashing bus and The sources stated that it was the second armed attack by settrers within one year' Ramalrah, El Bireh and Halhoul suffered attacks by settlers sinilar window smashing in recent y"ull:-. rer rajr weerly, 8-r4 March; Ha,aretz, 2 March; Jerusalem post, 2 March fggf) r70' The East Jerusalem offices of the Palestine Ramarlah journarist Neh's Agency (whose chief is RaYmonda Tawil) were burgi.J ana a list of rocar and foreign journalists who naintain contact with west Bank personalities was among the articles that were stolen. According to two sources, settlers Enunim" movement from the 'Gush were thought to be involved in the break-in. (Jerusarem post, Hararetz, 3 March lggl) r! --' 171' Hebron residents conplained about break-ins into Arab homes on several occasions in earry March 1981 by Rabbi ,,searching alleged Levingerr who claimed to be for Jewish property". (A1 Fajr weekry, ti-h llarch r98r) 172' Ttre Military Government alleged that militant Jewish settlers had deliberately damaged the ceiring of an Arab-owned store on the ground floor of the ,,Beit Hadassah" building in Hebron. The settlers craimed that the shop ,,was nothing but A/36/579 English Page 41 the original staircase of the 'Hadassah'buitding", built in the nineteenth century, and that the ceiling had collapsed as a result of "Purim" dances by the settlers. The Deputy lvlinister for Defence, Mr. Tzipori, Iater explained that examination by the military Government did not corroborate the "rlladassahl settlersr assertion that the ceiling of the shop was denclished as a result of stormy dances". He stated that "there was a belief that the demolition of the ceiling $ras a deliberate act", but that "there !{as no evidence' to support that hySnthesis". (Jerusalem Post, 24 Nlarchi Hararetz 23, 24 and 30 March' 19 Mayf Ashafb, 25, 26 and 30 March 1981) 173. The Deputy Mayor of Hebron, Mr. Mustafa AI Natshe, protested against the behaviour of Jewish settlers lowards local civiliansl they set their dogs on the inhabitants, they threw stones at Arab houses and citizens. A number of Israeli settlers from Kiryat-Arba broke into the houses of Sheikh Abdel Haj Arafa. They locked the doors and windows and demolished a wall "to form a doorway which led to the sguare of the vegetable market". (Asharb, 29 ltlarch 1981) 174. A group of 30 Kiryat-Arba settlers prayed at the Patriarchsr Cave in Hebron while the Moslem service was under way. It ldas subsequently reported that lhe nilitary authorities condoned the activity, despite protests by local Arabs' by issuing a permit to the settlers in view of the "Purim'festival. (Jerusalen Post, L8, 22 and 23 Marchi Hararetz, 8, 15 L8' 20 and 22 Marchi $@p, 17, 19 and 20 l,larch 198I) 175. Settlers from Beit Horon occupied a hill belonging to the Beit Aur lands near their settlement. The Israeli armY forced the settlers to evacuate the hill. (Jerusalem Post, 18 Marchl Hararetzr 18 and 19 Marchl Asha'b, 18 and 19 March I98f) 176. Settlers from the @Ian Heights established a construction company to speed up house construction. Ttrey complained to the Government that only 200 housing units out of the projected 750 were being built. (Al Fajr Weekly, 15-21 Marchi Jerusalem Postt 27 Ivlarch 198f) L77. Israeli settlers cut the electricity network from Rujeib village (near Nablus). (Asharbr 30 March 1981) I78. Eleven inhabitants from Hebron, including the acting Mayor' Mr. Mustapha Nabi Natshe, and members of the llebron municipality petitioned the High @urt of Justice of Israel to order the Milit,ary Government to evict some 70 Kiryat-Arba settlers who had been squatting in Beit Hadassah since 1980. They alleged in their petition that the @vernment had failed to discharge its obligation to ensure law and order. (Jerusalern Post, Hararetz, $@]!r 30 I'[arch I98f )

179. Ttre Attorney-General, Ivtr. Yitzhak Zamirr has aptrninted a special cornmittee to co

I8O. Rabbi Kahane admitted that nembers of his group from Kiryat-Arba held regular armed patrols in the streets of Hebron, checked identity papers and entered Arab houses which used to be owned by Jews in order to persuade the Arab occupants to leave these houses. I'patrols'r Kahane also said that securitlr forces disregarded these by his people and did not disturb them in their activities. (Hararetz, 15 !aay' ,Jerusalem post, 20 Ntay lggl)

181. The police prevented 30 members of the "Temple Mount Faithful" fron praying at the lenple I'lount precinct in Jerusalem. rt was also retrnrted that Rabbi Kahane was prevented from holding a procession to the trHadassah,' building. tn addition Kiryat-Arba settlers ldere on several occasions prevented from praying at the Patriarchrs cave in Hebron. (Marariv, g Mayi Hararetz, rgr 24 and 3l Mayl Jerusalem Post, 24 and 25 t"Iay fgl)-

182. Residents of Kfar Kaddum, west of Nablus, complained that settrers from Kdumin had fenced off over 200 dunams of their land. In addition, Israeli settlers started work on the Nebi Saleh lands, near the destroyed village of Halmish in the Ramallah region. rsraeli settlers from the Givon settlenent seized lr5oo dunams of land belonging to AI Jeeb viltagel settlers from the Natefin settrement took over a hilltop near salfit village, west of Ariel. (Jerusalem post, I and 29 Junel Asharb, 2 and 30 Junet Al Fajr weekly, 7-L3.rui,e-ana zr-zz rune lggl) 183. A police and border-police station, principally manned by settlers fron "Samarianr irtES to be established on the pattern of the Kiryat-Arba Border police unit in the Ariel settlement. Residents of EI Bireh protested that the army intended to permit Jewish settlers in the area to establish a regional service centre at Jebel Tawilr which had been seized for military purposes. (Hararetz, lI Junel Jerusalem post, 12 June lggl)

184. Fifteen persons from the xiryat-Arba settlernent broke into the rbrahimi l,losque in Hebron. Itrey closed the main gates of the l,losque and spent the night inside. A group of Israelis also entered the AI Agsa Mosque in Jerusalem and held prayers there. (A1 Fajr Weekly, 7-L3 and 14-20 June lsgl;

2. Situation of civilians % (a) Treatment of civilians (i) General information

185. Three Arab families living in the sheikh Jarah quarter in East Jerusalem received orders to evacuate their houses and lands witnout delay (about 3 dunams (0.003 sq- km.)). (The cuardian, 30 Augustl Hararetz, Jerusalem post, 3I August 1980)

I85. !4r. Bassim Daras, an Al Fajr ernployee, was summoned to police headguarters in Jerusalem and was told that h1 had to vacate his house in the old city. (et raj:_weel]f, 2L-27 December 1980) /s79 English^/36 Page 43

L87. Three large families from Beit rksa, Nabi-Samwil, received orders from the lvlilitary Government to evacuate their houses within a week and hand their property over to the fsrael land Administration. The orders rrere issued in the framework of the expropriation of an area of 5,000 dunams (5 sq. km.) north-east of Jerusalem. 500 dunams in the Nabi-samwil area was allocated to a nehr suburb under the ttbuild your own houserr scheme. (Hararetz, 23 Decemberr. Ashatb, 25 December; Al Fhjr weekly, 4-10 January 19e1)

188. Mr. Sabah Abdul Jawad Saleh (aged 29) from El Bireh hras summoned to the Ramallah Military @vernment, on 29 JuIy 1980 and detained for questioning. He vtas brought to court on 13 August 1980 when his arrest, was extended for 30 days. Ilo lawyer appeared for him and on 14 August 1980, Mr. Namne was asked to take up his case. On 29 August 1980, Mr. Saleh appeared at a hearing to be released on bail. At this stage, the police presented the judge with evidence allegedly connecting Saleh to lserious, but unspecified crimesr'. The President of the Military Court in Ramallah, Mr. Alex Ramati, asked why this information had not been presented earlier and ordered a military prosecutor to verify the allegat.ions brought against Mr. Saleh. On 16 September 1980, Mr. Saleh appeared before the Military eourt after a military prosecutor had confirmed the veracity of the allegations. On extending the arrest, Mr. Ramati wrote that the police must inform the suspect of the crime that he $ras suspected of committing. On 23 October 1980, another judge granted the police an additional 20 daysi the reference to trserious, but unspecified crimesrr was replaced by "membership in an illegal organization". In explaining the case, the State Attorney, Mr. Gabriel Rach, stressed that Supreme eourt precedents specifically forbade the use of detention as a means of pressure during an investigation. Mr. Saleh was released after 104 days. This was also confirmed in evidence before the Special Committee. (Hararetz, Jerusalem Post, 13 llovember; Asharb 6 and 14 rbvemberi Al lttihad, 14 November 1980) 189. Ahned Matar A. Daqag (aged 15) from Ramallah was shot at by an fsraeli frontier guard and seriously injured after he refused to identify himself. (Hafaretz, 7 November; Asha'b, 7 Novembert A1 Fajr Weekly,7-L5 Novemberr. AI Ittihad, 11 lrovenber 1980)

I90. On 30 lrtovember 1980, it was reported that services provided by the East-Jerusalem Blood Bank were being reduced by the fsraeli authorities. OnIy three employees remained, while others were relocated on the West Bank. The Blood Bank had been founded rn 1959 to serve Jerusalem and its suburbs; Iater it extended its services to all cit,ies on the West Bank; it had been serving 300-400 patients a nonth before the staff cut. (Al lajr weekly, 7-L3 December 1980)

19I. A wave of violence in the Gaza Strip during November and December 1980 resulted in a number of murders (11 according to some sources and 9 or 10 according to others) , without any reason being adduced. Another three murders took place in Silwad (north of Ramallah) on the West Bank during the same period. (Marariv, 24 Decemberi Hararetz, 24 Decemberi Jerusalem Post, 24 December 1980)

L92. The Jericho municipality was forbidden to implement any town project. without the approval of the tuilitary Government. (Asha'b, 24 December 1980) A/36/57e English Page 44

193. The west Bank Military commanderr Ben Eliezer, $ras reported to have visited the village of Silwad, outside Ramallah, to investigate complaints by local residents that soliders had stolen noney, broken furniture ind poured fuel over food during a curfew following the murder of a local resident. The central Region Corumander subsequently appointed a commission of enguiry. The reports added that findings of other commissions of enquiry, inter qlia, a commission to rook into the banning of the shumaily family from Beit s-6ffiElfr,e-rem1 and their house to Ein sultan refugee camp (Jericho) had not yet been published. one soldier was detained by the Military Police on suspicion of stealing 200 Jordanian dinars and was t,o be put on trial. Mr. Ahmed Hamran from Silwad complained that the military jeep carrying him to the Military Governmentrs building in Ramallah, had stopped on its way and that he was forced to crawl through wat,er and mud. It was subseguently reported that a number of soliders had confessed to abusing residents and stealing valuables. The Military @vernment decided to issue more stringent, orders governing the behavior of soldiers during curfews and searches in the ,administered territories". (Jerus-alem.Foslr 91 15,17 and 28 Decemberi Hararetz,9, L2, 14, L5, 17 and 28 December; Marariv, 15 December; and Asharb, 9, fsliiE}necember; gl rttihad, 16 Dece*fu,'zt-zl-iffiil'ueri The cuardian, 18 December 1980)

194. Ftcur students from the Al umna school in Ram (Jerusalem area) were shot at and wounded by Israeli troops during a demonstration. (AsharJc, 7 December; Al lbjr Weekly, L4-20 lrecember f9g0)

195. official statistics prepared by the rsraeli army indicated an increase over the past year in the number of activities carried out by palestinian guerrillas on the west Bank and in the Gaza strip. on the west Bank, the ,number of incidents rose from 52 in 1979 rsecurity to 90 last year'r. According to another source, the number of incidents, was 262 in 1980 as compared with 284 in 1979, and the number of Israelis killed was 19' most of them soldiers, with 135 rsraelis wounded. (The Times, ASharb, 2 January l9g1)

196. l,tembers of the rsraeli army uprooted hundreds of citrus trees along the Deir Er Barah road. This it was reported wourd cause an annuar loss of 400 tons of produce. The uprooting occurred after a grenade had been throvrn at a passing car. (Al Fbjr Week1y, 2'l Janoary I98I)

L97. The Qalqilya municipal council, the chamber of commerce and a number of nat'ional organizations in Qalqilya reguested the fsraeli Defence Minister to rescind his decision to close down the Qalqilya magistratest court, (Al Fajr Weekly, l-7 March f98I)

198. The East Jerusalem paper A1 Quds was banned for a period of 5 days, for violating censorship rules. rEEffiEr published I'Triangle'r had articles about an ',rslamic netltorkrr in the (norlhern rsrael), considered by the Military @vernment as prejudicial tc State security. (Jerusalem post, 2 Marchi Hararetz, 2 March; Al Fbjr Weekly, 8-14 March tgBf) A/36/579 English Page 45

199. The inhabitants of A-Dahaysha refugee camp (Bethlehem) hrere reported to have suffered from a shortage of food caused by an Israel order to close the shops in the camp. Young people hrere arrested and two boys were severely beaten. In addition, the inhabitants of Jabaliya refugee camp (Gaza) were reported to have suffered fron harassment by fsraeli authorities. (Asharb, 3 Aprili Al Ittihad' 6 and 14 Aprill Hararetz, 6 April 1981) 200. fnhabitants of the village of Shiryulih, near Hebron, complained about harassment by the military authorities. A number of soldiers entered the village' gathered together the young men and ordered them to uproot all the trees that had just been planted. (Ha'retz, SEj!, 6 Aprif 198I) 201. Muhamnad Mustafa Jibril (I7), from A-Etahaysha refugee camp, was killed by a military patrol after a stone-throwing incident. The camp l{as put under curfew. From an initial examination by a board of enguiry, according to one source' it emerged that the solders who had fired at Jibril had acted "according to the current rulesr'. According to these rules, the soldiers warned the youths first to stop, then fired into the air and "only later fired in the direction of their legs." (Jerusalem Fost, L4, 16 and 18 Junei A.sharbr 14 and 15 Junel Hararetz, 14 and 15 Junel Al lttihad, 16 Junei AI Fajr Weekly, L4-20 June, 2L-27 Juner 28 June-4 JuIy 1981) 202. The l"lilitary Covernment prohibited trade unions on the West Bank to accept members from East Jerusalem or to involve inhabitants of East Jerusalem in any union activities. (AJttina9,, 3 Julyi Jerusalem Post, 12 July 1981)

203. Defence Ministry sources reported a new policy of dealing with the territories, based on an attempt at inproving the atmosphere, maintaining a dialogue with leaders in the territories and a "fresh, personal treatment of the subject of the territories. " Ttre change in policy, according to the sources' consisted of the following elementsl Israeli troops would make an effort not to enter West Bank schools and to avoid collective punishnent in connexion witn individual "terrorist acts". Special care was to be taken at security road-blocks to ease the life of daity commuters. The Minister for Defence Mr. Sharon rnet with delegations of settlers who were perturbed about this "new" policy. (Hararetz' 13 Augustt JerusaLem Post, L3r 17 and 19 Augusti The Guardian' 14 Augustl Le l,tonde, 15 August 1981) (ii) Etemolition and sealing of habitations and commercial premises 204. Police forces in Atarnak (Jenin district) demolished the house of Hassan Sahrif Abu Akzila. (Al lttihad, 2 September 1980) 205. Ttre Israeli army and police forces demolished nine houses in Jenin, Tashir (Jenin district), Bani lilairn, Edna, Beita (Nablus district) t t$ro in Zebab Taha (Jericho district) and t,r.ro in Wadi Sukein (Bethelem district). The houses belonged to 10 persons suspected of having carried out the Hadassah building massacre in Hebron on 2 May 1980. In additionr the army demolished the houses of three members of a Fatah cell captured over the Jewish New Year. (Jerusalem Fost' @!g!g, 17 Septenber; Asharb, 19 September 1980) Pd36/57e English Page 46

206. Israeli soldiers denrol-ished a house, causing damage to several neighbouring homes' in the village of Beita (llablus district). The Mititary Government in rriludea and Samarian was to identify one family in (Beita, Nablus district,) whose house had been danagedl (Hararetz, Asharb 18 September 1980)

207. rsraeli security forces denolished the house of Ahmad Fayeed l{ustafa Abu Maralak in Rafah, Gaza Stripr he had been charged with membership in Fatah. (Asharb, L3 @tober 1980)

208. the premises of a small firm on the Jenin-Haifa road were demolished by the fsraeli authoritiest a fine of I.s. 251000 ($21500) was levied on the owner to cover the expense of bulldozing. The reason for the denplition $ras, according to the authorities, the absence of a buiLding permit. rn alr, 32 houses, 14 in Ramallah and 18 in Nablus' vrere dercLished for the same reason. (Al Fajr Weekly, 2-8 and 9-15 lbvenber 1980)

209. The fsraeli authorities decided to demolish a number of houses in the village of Kafr Na'amah, near Ramallah, because they were built, too close to the public road. A year earlier, the owners, l4r. Abdel Salam Tawfik A. Deak, Mr. Nabil Jawadat A. Deak, Mr. Mahnud Ibrahim Gtrabar, Mr. l,tchamrned Al Hanini and t'tr. AIi Assalar were fined for the same infraction. The !4ilitary Governor insisted on a new denplition orderr but the demolitions were suspended at the reguest of a lawyer, until the case was put before the Court again. Ort 2? tbvenber 1980, two weeks before the scheduled Oourt hearing the first tno denoritions took prace. (lEha,!, 24 t'tovenberl Al Fajr weeklyr 23-29 and 30 lbvember-S Decenber 1980)

210. The Israeli authorities sealed the house of Mr. Sareed Shuwayhi, from Shufat, following the arrest of Mr. Shuwayhi on a charge of membership in a palestinian organization. In addition, antiquities belonging to citizens from Balata refugee camp near !{ablus were confiscated. (Asharb, 17 }bvember 1990)

2I1. The military authorities sealed the house of Mtayseer Abu Sneineh, accused of particpating in the attack on the Dabyah building in Hebron (AI Fajr Weekly, 15 January 1981)

212. The Military @vernment demolished the houses of !4r. KhaIiI and Mr. Salah Abu bla on 25 December 1980, atlegedty because the houses had been built without a buiLding pernit. (Al Fajr weekry, 4-10 January r98r) 2I3. lltre Deputy Defence Minister ttlr. tzipori, refuted allegations by Mr. M. K. Abba Eban that Israeli policy in the territories had grown tougher. It{r. Tzilnri based his argument on data which indicated that "... only 34 houses had been deno}ished or seal-ed under the Likud Government, compared with L1224 under the Maarakh Governmenttr. He added that the Likud Government had deported four persons from the territories, whereas the l,!,aarakh Governnent had detrnrted 884 persons. (Hararetzr 5 Erebruary 19811 iltre Times, 23 Fbbruary l9B1)

2I4. Ttrelve shops in Gaza were closed down and four palestinians arrested. irhese measures followed the throwing of a hand-grenade at an Israeli military vehicle. pJ36/s79 English Page 47

An increase in palestinian sabotage activity in the Gaza Strip vtas reported, and a subseguent decline, according to observers, of the number of fsraelis travelling to Gaza. A paralle} development to this increase of activity was the proposal to transfer Border Police units to the Gaza Strip to supervise security, intead of the Israel army. (Al Fajr Weekly, L5-2L Februaryi Asharb, 9 Februaryi Jerusalem post, 2 rebruaryl q3g, 24 FEbruary 1981)

215. A number of demolitions r{ere reported in the Gaza Strip. The occupation forces demolished the houses of Mr. Hassan AI Sissi and Mr. At,if Al Nubid in Al Shunjaya, and the house of Mr. Yusuf AI Khur in C'aza. The house of Mr. Mahmoud AI Sharbassi was sealed. In addition 25 shops were closed by military order and a number of Gaza citizens nere arrested for alleged activities against the Israeli army in the district. (Jerusalem Post, 22 and 23 t'{arch; Haf areEz, 23 March; Asharb, 22 and 23 I'{arch 1981) 216. It was reporEed that 1r258 houses had been demolished by the security forces on the West Bank and in the Gaza Strip since the Six-Day War. Security sources reported that all the houses that were demolished belonged !o "lerrorists'r or their parenes. The disclosure of this precise number was designed to refute the lllegations of the plf) and Arab States that over 19r000 houses had been demolished in the territories. In addition, it was reported that the authorities sealed the house of Mr. Muhammed Abu Iawi, from Burqa, following his arrest for security offences. One source reported that his house had been demolished. (Yediot 4@9, 7 and I0 Aprili Asharb, 7 april 1981) 2L7. In 1980 there nas an increase in the number of houses demolished by the security forces as punitive action against anti-fsraeli I'terrorist[ activity. $renty-four dwelling-houses and commercial construcEions were demolished and ? others were sealed. In 1979, 8 houses were demolished; 2 were demolished in I978. The totat number of demolitions covering the period 1967-1980 was L'259; the year with the highest nunber of demolitions was 1969, followed by 1971. The following details were given:

Year Judea and Samaria East Jerusalem caza and Sinai Total

L967 5I 64 5 130 196 I 59 66 5 140 1969 2L4 73 I4 301 1970 97 94 I91 1971 r04 L27 I 23L L972 l3 22 3s 1973 24 10 34 L97 4 34 26 ; 51 t97s 46 3I 77 t 976 13 3 24 L977 I : I I97 8 2 2 1979 5 3 I 1980 20 4 24

llotaI 683 548 28 11259 /... A/36/s7e English Page 48

One source gave a total number of 1r252 demolitions, not including the houses denplished by the authorities in the villages of Bnmalus, Yaluo, Beit Nuba and Al Jafalteh and in the refugee camps in Gaza, which amount to over 51000 houses (Hararetz, 18 May; AI Ittihad, 22 tt:ay f98f )

2I8. The house of !4r. Abdallah llchammed Dawas in Beit Lahiya (northern Gaza Strip) was denplished. He was convicted of planting explosive charges in Ramat Gan and Bnei Brak near TeI Aviv. (41_I!-!ina9, Hararetz, Jerusalen Post, 8 August 1980) 2I9. Security forces uncovered three Fatah "terrorist" cells alleged to be responsible for 14 murders and numerous grenade attacks in the Gaza Strip in which 22 people were wounded. The Israeli army demolished five houses in Jabaliya refugee camp where the alleged "terrorists" either lived or stored arms and anurrunition. (Jerusalem Fost, Hataretz, The Guardian, 18 May; The Timesr 19 l4ay 198I)

220. The military Authorities closed down a total of 45 shops in Nablus following a bonb attack on an Israeli bus. In addition, on 22 June 198I, the authorities destroyed two houses in A1 Baribeh refugee camp (Bureijr according to one source), belonging to Mr. Hassan Ali Al lGons and I'lr. Khalil Atrmad Washah, because they were alleged to have given shelter to members of a Fatah ceIL It was also retrnrted thaE 72 people were made homeless in Jabaliya refugee camp after five houses had been destroyed on 17 May 1981 because .they have sons under detention and interrogation for military act.ivities". It was subsequently reported that the five fanilies were evicted from the land on which the houses !{ere built. (Asharb - 8, 23 June; Al Fajr Week1y, L4-20 June and 28 June-4 Juty 1981)

22L. UNWRA complained to the fsraeli Ministry for Foreign Affairs about demolitions that had taken place in Gaza shortly beforez leaving a total of 76 persons homeless. {he demolitions had been ordered because relatives had been suspected of subversive activities. (Jerusalen Fost, 8 Ju1yl The Timesl 9 July I98I)

222. Six houses in the Aks quarter of Jabaliya refugee camp r^rere demolished, without giving any previous notice to the inhabitants. one house, according to the sources' was derrolished as a punishment, because a woman participated in stone-throwing at soldiers. As a result of the demolition some 40 persons were rendered homeless. (eLrtlile!, 28 JuIy 1981) (iii) Curfews

223. Security forces rounded up all men at around midnight on 2l August 1980 and questioned them for 3 hours in Jalazun refugee camp following a stone-throwing incident' after which a curfew was imposed on the camp. (Jerusalem Post, BjgISlg, Asharb, 21 Augustt Al lttihad, 26 August 1980)

224. Apart from short curfews imposed on the education centres, Bir Zeit, Nablus, Ramallah and Bethlehem, as a means to guell demonstrations, Ionger curfews were re[Drted in Silwadr in A-Dahaysha refugee camp (Bethlehern) r and in Qalandiya refugee camp (between Jerusalem and Ramallah). The curfew in Silwad was inposed D/36/579 English nage 49 from 4-6 f,recember 1980 after the assassination of an Arab alleged to have been a collaborator with the Israeli authorities. A curfew was imposed on A-Dahaysha refugee camp on 2 December 1990, following the stoning of military cars by local youths. It was lifted on 15 December 1980, but imposed again th'o days later after an fsraeli army vehicle was stoned. The curfew on Qalandiya refugee camp was also imposed for alleged stone-throwing and lasted two days. (Davar, 3 Decemberi Jerusalem E\f,st, ll Decemberi Hararetzr ll December; Asharbr 31 4r 5 and 18 December; MarAriv, 18 December; Al Ehjr Weekly, 2L-27 December f980)

225. A curfew was imposed on the Jalazun refugee camp, north of Ramallah, following the discovery of a bomb underneath a bridge crossing the Jerusalem-Nablus road. The entrances to the camp were blocked by troops, and shops and busi.nesses hrere ordered to close. Several sources reported that the male inhabitants of the camp were taken to the central square of the camp, and several persons arrested. The Jalazun camp $ras placed under curfew on several occasions over a number of months following incidents in which stones were thrown at Israeli vehicles. A curfew was also imposed on the Jabaliya refugee camp in the Gaza Strip for one day, following the death of an Israeli taxi-driver, who was shot in one of the camp garages. (Asha'b, 13 January; HarAretz 19 and 2I Januaryt At Flajr 19 January; AI lttihad, 20 January f98I) 226. A curfew was imposed in Hebron following the stabbing of a Kiryat-Arba Yeshiva stlrdent. According to several reports, Arabs living in the market area were not permitted to leave their homes, and security forces conducted house-to house searches, arresting several people. The curfew lasted for 5 days in most of Hebron, with the exception of the market area, where it lasted for one week. A curfew was imposed on the village of Al Mazrara AI Sharkia, near Ramallah, following an incident. In another incident in Hebron, two settlers, Yeshiva students from Kiryat-Arba, attacked an Arab merchanti they were arrested and taken to Jerusalem for guestioning and later released (The Times, Il Fbbruaryi Jerusalem Post, tl, 12 and 19 Fbbruary; Asharb 11, 12 and 15 lebruaryi HarAretz, 17 Fbbruary; AI lbjr Weekly, 15-21 and 22-28 lbbruary and l-7 March I98I)

227. The military authorities sealed two houses in Silwad after a curfew was imposed on the area. The houses belonged to inhabitants of the village who had collaborated with Mr. Khaled Saber El Dik, who had been killed by securi.ty forces and who was reported to be a member of latah. (HarAretz, Jerusalem Post, 20 and 27 April f98f) 228. On 3 August, 1981, the Military covernment lifted a curfew which had been imposed on a number of Arab villages in the aftermath of the ambush of a bus near Jerusalem on 29 July 1981. (HarAretz, 2 August? Jerusalem Post, 4 August 198I)

(iv) Education 229. The Israeli authorities ordered schools in Beit-Sahur, Bethleheml Betunia, Anabta and Bir Zeit to reopen. They had been closed down following a demonstration. (Asharb, 5 August 1980) A/36/s79 English Page 50

230. The Military Governor in n.fudea and samaria', ordered that 300 students of the Prince Hassan school in Bir zeit shoutd be transferred to schools 1ocated in renpte vlllages (Atara, Al li!,azrara, Al Kabaliya). The clecision was taken after frequent demonstrations had taken place in Bir zeit. (yediot Atraronotr 19 and 2l augustl Hararetz, 20 Augustr Al lttihad, 22 Augustl astlETE-IiEiF 198I) 231. Students from Abu Dis college, which had been closed down by the military authorities, asked to be accepted by Bethlehem University to continue their studies. Oring to the stringent entry requirements, only a few Abu pis students were accepted. (Asharb, 9 September 19g0) 232. The Military Governor of Tr.rlkarem refused a request to build a rpdel school in Qalgiliya. (41__E3iIr 6 October; Asharb, 7 October 1980) 233. The Israeli authorities stopped the construction of an elementary school in llebron on the grounds that no fornalities had been comptied with (et ittinaa, 11 @tober 1980)

234. Five female students from a teacher-training college in Ramallah, who had prepared a road-bLock, and four students from the Kadri Tukan school in lrtrablus, accused of throwing stones at Jewish settlers from Eilon l,!oreh, lrere suspended from school. (Hararetz, 4 and 5 lilrvemberl Asharb, 6 llcvember l9g0)

235. Students who failed to produce identity cards hrere prevented from entering Bethlehem University. on 5 JuIy 1980, the Israeli authorities issued Military order r'rc. 854, amending the Jordanian Law l\rc. 15 (f9G4). The nain features of this order are:

(a) A1I institutions of higher education will now fall under the jurisdiction of the nilitary authorities. (b) At the tine of the promuJ.gation of Order !b. 854r all institutions of higher education were cronsidered to be operating under a temporary licence. under the new law, these institutions are reguired to apply to the mililary authorities for the annual- renewal of this licence.

(c) In accordance with amendment 5 (1980) to order \to. 34 (Lg67l, issued by the Military Covernorl individuals are obliged to obtain written approval from the nilltary authorities before joining the institutions, either as students or as faculty members. Ttris directive is intended to apply to local residents as well as to foreigners.

(d) Ttre Military Governor may consult with the police concerning the approval of any pernits to be issued to individuals or institutions. (Al Fajr Weekly, L6-22 tbvember lggo)

236. A direct effect of Military order lib 854 was that, on l0 october 1990, Bir Zeit UniversitYr AI Jajah Oollege (Nablus) and Bethlehem University were inforrned by the nilitary authorities that their licences had expired and that they ^/36/s79English Page 51 rtere to apply for new ones. (HarAretz, 4 llcvemberl Asharbr 4 and 5 trlrvembert Jerusalem Post, 5 lbvemberl Al Fajr Weekly, 9-15 llcvember and L6-22 Novembert llhe Timesr 27 tilrvember 1980)

237. The officer in charge of education on the West Bank notified the Education Department in the Bethlehem area, without giving any reason, that Mr. Sayed Atiah AI Hassanaj, a teacher, was to stop teaching at Artas secondary school. (Asharb, 13 tbvember 1980)

238. Ttre Israeli nilitary authorities decided to close Bir zeit University for a period of one week, fron 13-22 libvember 1980 , for organizing a 'rPalestine Week" without prior authorization. In the aftermath of the closure of Bir Zeit University, a nerd wave of violence errupted, concentrated in the student conununities, Bir ZeiE, Ramallah, El Bireh and Nablus. Israeli army troops oountered the student protest by opening fire at students, r,iounding 15 and arresting scores of other students (see list of incidents in Sect. M 2 (c) below). m 24 lbvember 1980 six Bir Zeit students were seized by soldiers, tied to trees and severely beaten. The Chief of Staff, General Rafael Eitan, and !,tajor-General Danny Matt, Co-ordinator of Activities in those areas' subseguently assessed the Mititary Covernmentrs policy in the light of developments (A1 Ittihad, 14 lbvembert The Guardian, 15 libvemberr Jerusalem Postr 6, Lgr 20r 23 and 27 ltbvember; HarAretz l6, 17, L9r 20r zl-r 25,27r 28 and 30 tibvenber; International Herald Tribune, L7r 18 and 19 libvemberl A.sharbr 17 and 18 libvenbery !!1!!ggg, 21 lbvenberi Yediot Aharonot, 21 litrvembert AI Fajr Weekly L6-22 and 23-29 lbvember, 30 lbvember-S December 1980)

239. The Israeli authorities expelled five students on 15 tibvember 1980 from the Tireh l{omenrs Training Institute in Rarnallah for alleged incitement against the authorities. (AI Fajr Weekly, 23-29 l,trcvember 1980)

240. El Bireh Secondary School was closed fron 17 to 22 ltlrvember 1980 after a student protest against the closure of Bir Zeit University (Al Fajr Weekly, 23-29 lilrvember and 30 libvember-S Decembert Asharb, 18 lbvember 1980)

241. orr 23 lbvenber 1980, the Israeli authorities dismissed Mr. AI Onar Al Haj, a mathematics teacher at Deir Jerir Secondary School- in Ramallah. lib reasons were given. Ar 24 lttrvenber 1980, l4r. Abdullah Ninr Darwish, a teacher from Kafr Qassem was dismissed from his post and put under town restriction for a period of six monEhs, and ordered to retrnrt to the police daily. In addition, four Palestinian teachers were dismissed in Jenin without any reason. (A1 Fajr Weekly, 23-29 libvember and 30 ltbvember-S December 1980)

242. The military authorities ordered three schools in Nablus to close because of alleged stone-throwing by students. (AI 8'ajr Weekly, 30 lbvember-S ttecember 1980)

243. fn early December 1980, UNRWA teachers rilere on strike and were subsequently joined by government teachers. lltre strike was called in protest against low wages and discrepancies in pay in comparison with their Israeli counterparts. On 26 December 1980, the Military Government ordered an end to the strike by A/36/s79 English Page 52

government teachers; the order was ignored. After prolonged negotiations, an agreement was reached with the UNRWA teachers who ended their strike on 12 February 1981; and the government teachersr strike was ended on 16 !4arch 1981 (see list of incidents in sect. rv c 2 (c) berow). (Ha'aretz,9, 15, 28 and 30 December 1980; 4 and 27 January, 3, 13 and 24 reuruary, ana 13 and 17 March l98l; Yediot Aharonot, 14 December 1980;25 February 19BI; Jerusalern Post, 28 and 30 December 19801 3' 10, 12 and l-3 February and I, L2 and 13 March l98I; 41, rttihFd, 16 and 30 Decenber 19801 3 Fbbruary l98li Asha,b, tG,23 and 24 December 1980i 6 and 27 January and Lr 31 4, r0, 13;16 and 19 February and 8 l{arch l98tl Mararivr 4 February r98l; Le oontinentr 24 February 19g11 Al Fajr Weeklyt L4-20 December and 2L-27 December 1980i 4-10 January, 8-14, 15-21 and 22-28 February, and 1-7, B-I4 and 15-21 March I9g1)

244. The Military Covernment prevented students and teachers from attending a seminar on "Academic Freedom in the West Bankrr in East Jerusalem by putting up road-blocks. (Al Fajr Weekly, '7-L3 and 14-20 Decemberl Hataretz, 25 December 1980) 245. According to Al Ittihad' 11500 books have been banned from distribution in the occupied territories since L967. In addition, the Military Covernment issued a list of dozens of books published in Arab countries, which were banned from distribution on the west Bank ',because of their extremist content,. (Yediot Atraronot, B Decemberl A1 Ittihadr 9 December I9g0)

245- The rsraeli officer in Charge of Education dismissed t',ir. Arnan Afaneh from his post in Salfit (Nablus) t he was retrnrted to be the only mathematics teacher in the school. Dlf, reason for his dismissal was given. (AI Fajr lfeekly, 7-13 December 1980)

247. The girlsr secondary school in Halhul was closed down by order of the Military Governor' because students had taken part in demonstrations against the expulsion of the two west Bank Mayors. (A1 Fajr weekry, 7-L3 December r9g0)

248. The girlsr secondary school in El Bireh, closed down by the authorities on 17 libvember 1980 during the denonstrations in connexion with the suspension of classes in Bir zeit University, vras reopened on 30 December. The boysr school was retrnrted still closed. (Hararetz, 8 December 19801 Asharb, 17 and 3I December; A1 Fajr Weeklv, z-13 peceil6ffigo1 1I-17 January isSll--'

249. W. Jawad Barguti, a professor at Bir Zeit University, was denied a work permit by the West Bank Military Government. (A1 Fajr Weekly, L4-20 December 1980)

250. Israeli troops clashed with Bethlehem, Bir Zeit and Al Najad (Nablus) University students on numerous occasions during protests in the aftermath of the re-expulsion of the two West Bank Mayors, Mr. Milhem and Mr. Kawasme. Soldiers, while using tear-gas and shooting in the air, besieged Bethlehem University on 8 December 1980 for more than eight hours. Students were allowed to go home on condition that they rencved the Palestinian flag and registered with ite t'lititary Governor. Classes v/ere suspended both at Bethlehem University and Al Najah University for a period of three days and a curfew was imposed. A number of A/35/s79 English Page 53

Bir Zeit students c'ornplained about the ill-treatment and beating they were subjected tot they ldere arrested and detained in Ramallah prison. Students from the secondary school in Ramallah also complained about ill-treatment after their arrest. According to one report, soldiers besieged the Ramallah boysr high school and took 70 students to the military headguarters where they were brutally beaten in front of witnesses (see list of incidents in Sect. TV C 2 (c) below). (yediot Atroronot, 7 and 8 Decemberl {erusalem Fost, 8, 9 and 10 Ibcembert HarAretz, 7, % n;na ff December; Asharb, 8r 91 12 and 18 Decemberl AI Ittihad' 12 and 16 Decembert A1 Fajr Weekly, L4-20 tEcember 1980) 25L. Israeli labour contractors recruited a large number of young girlst aged 11 and 12 years, from the Palestinian refugee camp of Jalazun to work in fields and factories, picking and packing fruit and vegetables. The children were said to receive 7 shekels for a l4-hour workday and pressure was brought to bear on them to leave school and work in the fields to help their fanilies. (A.sharbr 23 January 1981)

252. the t{ilitary @vernment banned the distribution on the Vflest Bank of a number of books published in lebanon, Jordan and Egypt. Libraries, bookstores and schools lrere $rarned that they were not to either sell or use these books. I\4oreover' according to one souice, the police raided several public Iibraries, as well as libraries in schools and institutions on the West Bank, confiscating the books' which were said to contain "... insulting passages towards the State of Israel and the Jewish people". It was later reported that a bookstore in Talkarem vtas raided by fsraeli armed forces, books were confiscated and the ovtner arrested. According to further information, Israeli forces conducted a raid and search of the Al Najah university library. The reasons for these measures were not specified. (Hararetz, I Februaryl Asharb t 2 and 12 Februaryt Jerusalem Post, 2 Februaryt }l-$jI-US.g!!y' 22-28 February and 1-7 March 198I)

253. The nunicipalities oof Rarna1lah and El Bireh were ordered to rerpve cloth maps of palestine that hung in the nayorsr chambers. The authorities were quoted as saying that refusal to do so would result in prosecution. (Jerusalem Post, 2 Februaryi AI Ittihadr 3 Fbbruary 198I)

254. A panel of Hebrew University academics was about to complete a report on nacademic freedom in the West Bank". The committee members were retrnrted to be in ;nssession of a list of some 31000 books alleged1y banned from distribution in the territories by the military censor. A strnkesnan for the Military Government clained that only 600 books had been blacklisted. (Jerusalem Post, 8 t"larch 1981) 255. The nilitary authorities decided to ban the distribution of two ngyptian magazinesr A1 Itissam and Al Mawqif Al Arabi, in the Gaza Strip. (Asharb2 20 March 1981) 256. The Israeli nilitary authorities dismissed two Palestinian doctors' Dr. Jihad Abu Seif and Dr. Ziad Khadirr from their trnst at the government hospital in Jenin. lib reasons for the dismissals were given. The Israeli officer in charge of education on the West Bank, in a similar develoPment, disnissed school teacher Mr. Naha Ali from Jenin. (Al Fajr Week1y' 8-14 and 15-21 l"larch 198I) A/36/579 English Page 54

257. In Ramallah, the Military Government closed the UNRWA $Rcmens, Training Centre following detpnstrations to mark the fourteenth year of occupation. Al Najah University was closed down on two occasions during the month of rfune 1981: at the beginning of the nonth it was closed down for a period of one weekt on 7 June it was allowed to reopenr but on 15 June, after some students threw rocks at passing patrols, the l€bLus lr{ilitary Governor inforned the University president Mr. Kayed Abdul Haq that the University was closed again ,,until further notice". In a similar developmentr the authorities arrested 15 girts from Bethlehem, and charged them with stone-throwing. They were subseguently released after having paid a fine of I.s. 31000 and were expelled from their school. one source relnrted that the MiLitary Government prohibited the use of an atlas in the educational institutionsl in addition, certain books were banned and the use of chemicals was prohibited. The reason given for this prohibition vras that the use of chemicals could be harnful to public safety. (Jerusalen postr 3 and 12 Junet Hararetz, 1^.1d_1JJll:lAIIttihad,2'L2lun.@fI'L4-2oand2L-27June, 28-4 .Iuly 1981)

258. A number of teachers from AI Farouk Secondary School in Nablus were dismissed from their jobs. According to one source, most of these teachers had been detained in Israeli prisons' on security charges. In addition, it was re[nrted that students from the secondary schools at Ortass Bethlehem and A1 Khadr had been expelled and that a nurnber of students had been arrested by the authorities while they were sitting for their matriculation examinations in A-Dahaysha refugee camp (near Bethlehem). (Al rttihad, 17 JuryT Asha,b, 21 July 1gg1)

259. The Military bvernment closed down the Folytechnical School in Hebron following disturbances after which 25 (according to another source, 40) students and 8 professors were arrested. The president of the University Graduatesr l€ague, It{r. Adib A1 Qaysir }rds informed that the order would take effect on 22 July 19gI and remain in force until further notice. (Hararetz, 23-27 JuLyt Asharb, Zg ,futyl AI lttihad, 28 July 19Bt)

260. The Israeli authorities informed the Director of Education in Ramatlah that tslo teachers from the Al- Majda Hassila School, the Sonjol secondary school for girls in Bir Zeit, had been dismissed. Three other teachers had been dismissed earlier. The Military bvernment, according to one source, denied that the teachers were dismissed for "anything but professional reasons", but did not stipurate what these nere. (Asharb, 9 August; Jerusalem bst, rl Augustl Hararetz, L3 August L98I)

26I. Seven Druze teachers from the Golan Heights, who had been disnissed or transferred, alLeged that the Ministryrs purpose was to intimidate Druze who refused to obtain Israeli identity cards. They appealed to a local labour court for their reinstatenent. It was subseguently retrnrted that the Ministry of Education had decided not to renew the contracts of l0 Druze teachers and to transfer 30 Druze teachers to other schools. (Jerusalen post, 14 and 24 JuIy 19gl) A/36/57e English Page 55

(v) Freedom of movement

262. frte Military Government prevented the Deputy l'layor of Bethlehem, Mr. George Hazbounr from leaving for Jordan. (Hararetz, 5 September 1980) 263. Israeli military authorities refused pernission for the Mayor of EI Birehr Mr. Ibrahim Al Tawil to lravel to the United Kingdom, in acceptance of an invitation to visit that country. (asha'b, 9 septenber 1980) 264. Inhabitants from Hebron r"rere prevented fron crossing the Allenby bridge' (Asharb, 15 SePtember 1980) 265. Israeli authorities Prevented the Editor-in-Chief of Attalira, Mr; Al-Barghuti, from travelling to Sofia to participate in the l{orld Peace Oonference. (Al Ittihad, 15 September 1980)

256. Ttre l{ilitary @vernment confined Mr. Al-Barghuti and four other public figures to their towns of residence. (tta.'aretzr 16 september 1980) 267. lltre Mayor of Qbatiyir I'tr. Khaled AL-Awadr wds prevented from leaving his Iocality without a nilitary permit. (A1 Ittihadr 26 September l-980) 2Gg. A number of reSnrts received in October 1980 reflected restrictions on movement' notably: (a) ittre Ittayor of Qalqiliya, Mr. Al Haj Amin Nasr' was refused permission to travel to Jerusalemt (b) The editors of Asha'9, AI Fair and Attalira were denied permission to participate in the funeraf of lar. !,!an"an Al Asstly' Editor-in-Chief of the rnagazine Ashinak in Jerusaleml (c) The Al Amran football team was denied permission to travel to Anman to compete with Jordanian teamsl

(d) permission vras not granted to the acting mayors of Hebron and HaLhuI to visit the mayors, !lr. t(aldasme and Mr. l4ilhem, in Ramle jaill

(e) Students from "Judea and Samaria" who interrupted their studies in. Iraq due to the conflict between Iran and lraq, wishing to return to the l{est Bank, were inforned by the Military Covernment that students who had left the occupied territories vrere not allowed to return until 6 months had elapsed since the time of their departure. ( b, 9 and t4 octoberl Sjr weekly, 26 ocEober-l titrvemberl Hararetz t 27 and 28 October 1980) 269. fsraeli authorities have lifted the restrictions on l,lr. Rashmawi, President of the palestinian Strnrte Fbderation for Basketball and allowed hin to travel between A/36/s79 English Page 56 the West Bank and the Gaza Strip. He had been restricted to Gaza since l July 1980r to prevent him from representing Palestine in the I'Ioscow Ollzmpic Games. (Asha'b, 7 October 1980) 270. The mayor, Mr. Hilmi Hanoun, was denied permission to visit prisoners in Tulkarem prison on the occasion of the feast. (A1 Fajr Weekly, 16 @tober I9B0)

27I. The nilitary authorities prevented 7 inhabitants of Nablus frorn going abroad. lbur persons were identified: Mr. Hashem Risk AI Masri, w. wadah Al-Jaby, an attorney, Mr. Ghassan warid shaka,a, and another attorney' and Mr. Salah Al Bastani. (Asha'b, 12 lrlovemberl AI Fajr Weekly, L5-22 llovember 19S0)

272. Ihe Mayor of Gaza, Mr. Rashd A-Shawa, was prevented from going to Amman to receive a $2 million (according to another source, $5 nillion) grant for his municipality. The reason given was that the grant came from pf,o sources, which Ivlr. shawa denied. (Asharb, 12 lbvemberT Hararetz, 16 libvember 19g0)

273- on 17 tbvember 1980, the military authorities confined Mr. Hashem Shawa, Chairnan of the Board of Directors of the Palestine Bank, the Mayor of Khan yunis, !4r. Suleiman Al Astal, and the Mayor of Jabaliya, I"lr. l4ohammed Masroud, to their towns of residence. (Al Fajr weekly, 23-29 libvember r9g0)

274- Gaza residents were not permitted to cross the Allenby Bridge into Jordan as fron 19 lbvember 1980 for an undeternined period. (A1 Fajr weekly, 23-29 litovember 1930)

275. Many Gaza residents, including Mr. Harndi Husseini, Mr. zuheir Rayyes, !1r. Haider Abdel Shafi, Mr. Fayez Abu Nablus and Mr. Rasha Shawwa and West Bank residents, including Mr. Raja Kalben, a lawyer from Hebron, and the poet Fawda Ibukan, from Nablus, were prevented from attending a memorial service in Nazareth for the parestinian poet Abu sarame Ar-Kaumi. (g9lgsafem_Posg, 23 lilrvenberT Hararetz, 23 l\trvenber; Al Fajr Weeklv, 23-29 libvember and 30 t{ovember-s December 1980) gtr 276. 27 and 29 lsvenber I980r residents from Ramallah, EI Bireh and Nablus were prevented from crossing into Jordan. (A1 Fajr Weekly, 7-13 December 1980)

277. The Military Government in the caza Strip banned two notables from the Gaza StriPr Mr. Manjour A-Shawa and Mr. Halem Abu Ghaza1eh, from participating in a symposium on the Palestine problem due to take place in West Berlin in December 1980. (Hararetz, 27 libvenber t9g0)

278. The Military @vernment on the West Bank had issued some 33 orders in a brief period restricting mayors, municipal councillors and other public figures to their toltns of residence. Ir4r. Abdel Ghanem (member of the Nablus city council), Mr. Azmi Shuraiby (member of the EI Bireh municipal council) and },tr. Waled El Awad, former Mayor of Qabatiya' trtere the latest exanples of the "iron-fist,' trnlicy in force during the preceding 6 months and reinforced by a new poticy guiAefine to bar ^/36/s7eB,tglish Page 57

West Bank public figures fromn visiting PLO officials abroad. (Asha'b, 3, 4 and 5 lrlovembert Al rttihad, 7 and 11 tdovember, @ISLE!, 4 libvemberl @, 4 and II lovenb"r, rtt"..ri*g., 5libvemuerr aIEffiEE 9 and ts Novefr5illffi'o)

279. The Military Government put Mr. George Hazboun, deputy l,Layor of Bethlehem and Deputy Secretary of the West Bank Trade Union Federation under house arrest from evening to morning for a period of six months. (Asharb and Al Ittihadr 2 Decembert A1 Fajr Weeklv, 7-L3 December 1980) 280. The Jenin Military Covernor informed Mr. Saleh Mbadah l"lawadah' head of the Alayamoun local council, that he was forbidden to leave for Jordan. Military authorities also issued a restriction order against Mr. Ali Yassin Almakharza, head of the Dhahiriya local coucil, barring him from leaving his home. (A.sharb, 9 Decemberi Al Fajr Weekly, 14-20 December 1980) 281. Military authorities imposed travel restrictions on l4r, Khalid Awad' ex-Mayor of Qabatyah, and disconnected his Lelephone. Mr. Awad, elected Mayor in 1976r wis dismissed in August 1977 by the military authorities. (A1 Fajr weekly' L4-20 ttecember f980)

282. lbwn restrictions had been imposed on 28 sclroolgirls from HaIhuI. They were ordered to remain at military headguarters with their parents from 8.30 a.m. to 2.00 p.m. for a period of one month. (Al Fajr Weekly, L4-2O December 1980) 283. The nilitary authorities prevented l,lr. Al l{amoureh from Hebron from travelling to Anman. (Asharb, 15 December; !|{gjl_Sg!}y, 2L-27 December f980)

284. Residents from Hebron and its vicinity were prevented from travelling to Amman after an incident that took place in Hebron resulting in the death of one person and injury to another. A delegation from the Jerusalem District Electricity Company hras prevented fron reaching Amman. (Asha'b, 22 Decenberi Sjl_E-E-U' 2L-27 December 1980)

285. The Israeli authorities renewed the orders of house arrest of !!rs. l4iryam El Shakshir and Bna EI Samadi and restricted their movements to their city of Nablus. (Asharb, 23 December 19801 Al Fajr Week1y, 4-I0 January 1981) 256. In l'lasada (Golan Heights) r Salim Safadi, a Druze student at Haifa University, and his fatherr Aref Safadir w€r€ put under house detention for political activities among the Druze community, including the distribution of pamphlets suptrnrting the PLO. They were ordered to 'r... stay at home between dusk and dawn and to retrnrt journeys outside their village". One source noted that the detention of Mr. Aref Safadi rryould present a special hardship for his family as he was their only means of suptrnrt. The house detention orders against the Mayor of El Bireh' Mr. Ibrahim A1 Tawil, and the Mayor of Anabta, Mr. Wahid AL Hamdallahr were extended for a further six months by the military authorities. Also extended for another six months were the confinement orders issued against the three editors of the East Jerusalem Arabic nenspapers. Bashir Al-Barghuti' editor of the weekly Attalirar Mamoun A-Sayed, editor of eL fajr Weeklyr and Akram Hanya, secretary of the Asharb editorial boardr had been confined to their homes in Ramallah and /... A/36/579 English Page 58

Et Bireh for almost six months and were not allowed to leave the boundaries of their towns. lbwn restrictions imtrnsed on Samiha Khalil, head of 'rlnash al-Usrao (the Society for the Preservation of the Family) were also extended for a further six npnths by the Military @vernor of Ramallah. (A.sharb, 5 and 18 Ftsbruaryl {grus?IgT Post' 4 and 10 Februaryi AI lttihad, 3! 10 and 20 Februaryl Hararetz, l0 and 18 Fbbruaryt A1 Fajr Weekly, L5-2L and 22-28 Fbbruary, t-Z t'tarch 1g81)

287. Israeli authorities refused to allow Jericho residents travelling to Anman to cross the Damia Bridge. Iib reasons vrere given. Ttris nrove also stopped palestinian students coming fron Jordan, thus preventing then from spending the holiday with their families. (A1 Fajr Weekly, 15-21 February 19gl)

288. Ttre military authorities prevented citizens of the Gaza district from crossing the Israeli-Egyptian border and from crossing the Allenby bridge into .Iordan as a consequence of an incident that had taken place in the Gaza district. (4g!d!, 13 and 16 l,tarch 1981)

289. lthe military authorities lifted the house arrest of Mr. George Hazboun, Deputy !'layor of Bethlehem and Deputy Secretary of the west Bank Trade Union Association. It was retrnrted that two lawyers, t*lr. Ibrahim Nassar and Mr. Ir4ohamrnad Mirari, and a Journalistr Mr. Ramsy Khoury, were still under house arrest. It was, in addition, relDrted that the fsrael-i Military Governor had issued an order prevent,ing Mr. Walid Al Fahum, an attorney, from entering the West Bank and Gaza Strip for a period of one year. (Ashar!, 26, 29 and 3I li!,arch fggl)

290. lltre student, Salim Safadir from the Gol-an Heights, ldas reported as having been under house detention since I January L981. In addition Mr. Riad Mufaluh from libzareth, who teaches at Bir zeit University, tras prevented from entering the West Bank. (41-19.!!na9' 10 Aprirl Hararetz, 22 April 1981)

291. Mr. Riad Mefleh, who teaches at Bir zeit University, and Mr. Mahmud Al Soghaierr a trade unionist from Batir village, rdere put under house detention, Mr. Mustafa Abd El Naby t€tshe, acting l,layor of Hebronl wos prevented from holding a Press conference in Hebron to protest against the activities of Rabbi l'lcshe Ievinger in Hebron. The Mayor of Bethlehem, I{r. Elias Freijr and the Malror of Nablus, !lr. Bassam Sharga, vfere stopped at a road block in HalhuL on their Itay to Hebron to exPress solidarity with Mr. Natshe. Mr. Sharqa was also prevented fron going to Jerusalem by order of the lvtilitary Government. rttiha4, 5 and 15 Mayt Hararetz, 26 Mayl -(Sr Jerusalem Folt, 27 Nlayr q]!, 27 and 28 !{ay1 Yediot Aharanot, 3t l,tay 1ggL)

292- ttlrs. Samiha Khalil, head of the Famity Rehabilitation society, was restricted to Ranallah by administrative order because of her activities on the National Guidance Conunittee. Mr. Ghassam Sharga, a lawyer from Nablus, Iras served with a six'mnth restriction order after having cornplitea a seven-rnonth prison sentence. In addition, the rsraeli authorities inposed new restrictions on Gaza municipat councilsr requesting prior approval- to "civic" projects. In Beit Jalar the authorities stopped the issuing of laisser-passer to palestinians without giving reasons. llhe Military bvernment also prohibited West Bank Mayors from receiving a A/36/s7e English Page 59

British parliamentary delegation in Jericho. (Jerusalen Fostr 12 ilunet Jediot Aharonotr 17 Junei Asharb, 16 and 18 Junel AI Fajr Weeklyr 2L-27 June and 28 June- July 1981) 293. Mr. Bassam Shaqra was reported to have stated: "I have no possibility of going anlnrhere in the West Bank freely. A l,lilitary Government vehicle escorts me all the tirnerr. He was prevented from travelling to Mt. Gerizim to celebrate a religious feast and the west Bank Military Oornnander, Mr. Benyamin Ben Eliezer, warned him 'rnot to continue his political activities in the regionn and rejected Mr. Shagrars reguest to remove the security around himr in addition, Mr. Ben Eliezer refused Mr. Shaqrars request to go to the United States at the invitation of @orgetown University. Mr. Shagra conplained to the rUudea and Samaria" Region Comnander that for a period of over troo months his family and anyone who got in touch with hin were subject to constant harassnent from security forces and/or Border Police, to the extent that soldiers controlLed the identity cards of all those who entered his house'r. (Hararetz, 15 Aprill Jerusalem Fost, 21 April1 Marariv, 23 Aprill A1 Ittihad, 24 Aprif 1981) 294. ltlr. Kaid Abdel Hag, President of A1 Najah University' was prevented from Ieaving Jordan. lttre editors of the nevrspapers of Al F.ajg-l{gg!}1 and Asharb were summoned to the Military Government and were instructed not to meet with nheads of terror organizations" or to openly support them. (Asharb, 14 Julyr lla'arivr 15 and 29 Julyl Hararetz, 17 July; Jerusalem Post, 30 July 198I)

295. The l4ilitary @vernment issued an order restricting the movement of a Jenin religious leaderr Imam ltlahnoud Al Dajy, for a period of six nonths. (Hararetz, 15 JuIy 198I)

295. lttre Military @vernor informed the Mayor and the members of the Municipal Oouncil in Sahur that they were not allowed to travel to Axnman. (3sharb, 7 August 198I)

297. A}re military authorities ordered the Mayor of Qalqilya, !1r. Amin A1 Nasser, not to travel outside his town for his honeymoont Mr. tihsser had requested permission to travel to Ramallah, Gaza and Jordan. (Reuters, 8 August 1981) (b) Treatment of detainees

298. A report attributed troubles prevailing in Israeli prisons to two main problems. First, the increase which had occurred in the number of people put on trial and, secondly, the conditions inside the prisons. Since the beginning of the occupationr about 2001000 security prisoners and detainees have passed through fsraeli prisons. lltris figure equals nearly 20 per cent of all the inhabitants of the territories. The average number of inmates at any given time is about 31000. Eg:-gIgtz, 8 August 1980) 299. On I August 1980, 213 prisoners rdere reported to be on hunger-strike in Ashkelon prisonT 46 security prisoners in Ramle prison had ended their strike. (gerusalen Posg, I August 1980) A/36/57e English tage 60

300. on l0 August 1980, reports stat,ed that. the Ashkelon prisoners had ended their two-week hunger-strike. Sixty-four security prisoners in .fulkarem prison started a hunger-strike, together with 355 prisoners on strike in Beersheba prison. I:rerusarem Post, 10 Augusti yediot AharanoL, l0 August; Asharbr 5 and 11 August 1980)

30r. one report, in mid-August 1980, estimated the tot,al number of security prisoners on hunger-strike at over 450 (another report put the figure aL 598): 365 in Beersheba prison, 48 in Nafha prison, 23 in Ramle prison and several detainees in Shatta prison. (Jerusalem post, 10 Augusti Yediot Aharonot, 10, 11, 12 and 13 August 1980)

302. On 15 August 1980' the Beersheba prisoners ended their 12-day hunger-strike and on 17 August it was reported that the security prisoners at Nafha prison had ended their 33-day hunger-strike. (Jerusalem post, 15 and 17 August 1980)

303. As a result of the hunger-strike, seven prisoners from Ramle prison had to be transferred to hospital: six were transferred to the prison hospital and one $ras transported to Sarafand hospital. One report identified three of them as Yacub Diwani from Nablus and Salim Nsaibeh and Hani Al rssawi from Jerusalem. (Hararetz,13 and 17 August; Asharbr 15 August; Al rttihadr 15 August 19g0)

304. on I8 August 1980, the Prison Service Commissioner, Mr. Haim Levyr wES reported to have agreed to meet with a representative of the prisoners in Nafha. He stated that the strike had ended wiEhout any conditions, but this was disputed by the prisoners, who maintained that one of the achievements of the hunger-strike was that. the Commissioner had agreed to meet with an elected committee of the prisoners for the first time since 1967. According to Mrs. Lea Tsemel, an attorney, who visited the prison on 18 August, 1980, the Commissioner agreed to enlarge the exercise area and to provide a room for meeting with relatives. The demands for prisonersr control over the kitchen were rejected, but other demands would be considered. (Jerusalem Post, 19 Augustl Hararetz, 18 and 19 August; Asharb, 18 Augusti AI lttiha4, 19 and 22 August I9g0) 305. Relatives of lgafha prisoners, who held a solidarity hunger-strike for several weeks at the Red Cross office in East Jerusalem stopped their strike and reguested the Red Cross to arrange a visit for them to Nafha prison. (Hararetz, 19 and 20 Augusti Al Ittihad, 22 August 1980) 305. Each prisoner in t'tafha prison has an area of 2.7 square metres at his disposal. Ttre windows are small (L2 x 60 cm. ) and located in the ceiling for ventilation. The toilets are inside the cell and there are no tables, no chairs and no beds in the cells for security reasons. The prisoners are allowed to have their meals in the dining-room for "security reasonsrr. The prisoners stay 22 hours a day in the celr, because, according t,o one report, they refuse go work. If they worked, their monthly allowance would increase from 300 Israel pounds ($61 to €1600 ($121. The prisoners are allowed the newspapers! Jerusalem post,, AI Anba, Marariv and AI Quds. They can listen to the radio through loudspeakern Uut requests for private radio or watching television are rejected. A doctor visit,s A/36/579 English Page 6I the prisoners once a week and every prisoner has the right to call a doctor any time he wishes. Nafha Prison Commander, Amran Vataknin, compared the conditions in Nafha prison with those in Beersheba, where he had previously served. In his opinion, l0 tirnes as many prisoners (a total of 80) lived in a cell only 5 times the size of a Nafha cell. The Beersheba prison does not have a separate toilet cubby-hole inside the celL. The prisoners have to use plastic buckets. (Jerusalen Post, 4 and 8 Augusti Asharb, 5 and Il august f980)

307. An Israeli prisoner who was in Ramle prison when 26 security prisoners were transferred from Nafha prison to Ramle prison on 2l JuIy 1980, gave an eye-witness account. Mr. Yussuf Ftankel saw three of Lhe transferred Arab prisoners sitt,ing on the floor with their hands tied behind.their backs and their feet tied at the ankles, with a short chain linking the ones between their hands and feet. Six or seven prison guards forced thern to sit straight and tried to introduce feeding-t,ubes into their mouths. They forced their mouths open and one of the guards threw a tear-gas canister at the prisoners, which caused them to cough, vomit and spit blood. This "forced feedingtr lasted for 10 minutes. According to Ivlr. Elankel, there \,ras no need to send a report to the prison authorities, because what the prison guards did had been ordered by the authorities. (Asharb, 29 August 1980)

308. T"r.ro Nafha prisoners died as a result of the hunger-strike. Shortly after the death of these two Nafha prisoners, Mr. Jarafari and Mr. Halawa, allegedly as a result of forced feeding, the fsraeli lrlinister of the fnterior, Mr. Y. Burg, established a cornmission of inquiry on 27 July 1980. The commission was charged with the examinat,ion of : (a) The circumstances which lead to the strike of the Nafha prisoners; (b) The action taken by the prison administration since the beginning of the strike i

(c) The medical measures implemented since the beginning of the strikei

(d) The circumstances surrounding the deaths of the two prisonersi

(e) The orders and measures applied by the prison administration in the case of hunger-strikes and the way in which they were carried out. The Commission conducted its inquiry over a period of 30 days and based its findings upon evidence taken from 40 persons, including physiciansr gaolers and prisoners, and examined 55 documents. The Cornmission was headed by fsraeli Police Controller Shmuel Eitan. Mrs. Ianger, an attorney, testified before the committee at her reguest? she asserted that she had seen traces of torture on the bodies of the prisoners on 25 JuIy 1980, but a member of the Commission adnitted that no invest,igation had taken place at that time. The Commission in its report stated that the circumstances of the deaths of the two prisoners ttere not caused by a hosLile attitude on Lhe part of the wardens. The report stated that the security prisoners' strike was motivated by political reasons to attract international EngIish^/36/s79 Page 52 attention rather than to improve conditions of detention. rhe commission concluded that the detention conditions in Nafha were much better than in other prisons in Israel and in the occupied territories. However, the Commission agreed that certain claims by the detainees were justified and it recommended some improvenents: (a) Einlargement of the promenade ground; (b) eppropriate arrangements for family visits; (c) fnstallation of a wash basin in every cell; (d) fmproved ventilation, electricity and guality of food.

The Prison Service Commissioner, ![r. Haim I€vy, recommended the immediate release of 500 common-law prisoners and 300 security prisoners, equivalent to approximately 15 per cent of the prison population of Israel. (At Ittihad, t, g and 15 August, L2 september? Yediot Aharonot, l0 August, 2 september; Asharb, lr and 2g August, 2sseptemberl Hararetz, 2 september; !1grariv, 28 August; JeruEalem post, 2Sseptember t66o]-

309. Amnesty rnternational published a detailed report dated 2 September 1980 on the treatment, of ilrab detainees in Israeli prisons. The report was based on a fact-finding mission to Israel and the territories that took place in June 1979 and included the reply of the rsraeli @vernment. The rnain conclusions in the report were 3

(a) There is sufficient prima facie evidence of ill-treatment of security suspects to warrant the establishment of a public inquiry; (b) The present administrative procedures do not enable ghe Israeli authorities to bring forward conclusive evidence to refute allegations of i11-treatmenti

(c) llhe lack of such conclusive evidence is directly related to the extended period of incommunicado detention;

(d) Certain legal provisions and practices enhance the possibility of iIl-treatment. These include: restrictions on the role of Defence Oounsel in preparing the defenceT frequent reliance on uncorroborated confessions as the effective basis for conviction; absence of effective opportunities for judiciat appeal;

(e) The machinery for investigating complaints of ill-treatment is inadequate; (f) A large number of security prisoners are not visited by the fnternational committee of the Red cross (rcRc) during the interrogation period. Annesty recornrnended that an irnpartial committee of inguiry should be established to investigate the allegations of ill-treatment in their totality and the v36/57e nnglish page 63

administrative and legal procedures and practices relevant to the arrest, confinenent, interrogation and trial of security suspect,s. The Cornmitteers findings, conclusions and reconmendations should be made public. pending the establishment and reporting of such an inquiry, inmediate steps should be taken to ensure that security suspects under interrogation were protected against ill-treatment. lhese steps should include access to family, Iawyer and an independent medical doctor promptly after arrest and at relular, brief intervals thereafter. The Attorney-General, Mr. yitzhak rin zamir on behalf of the Israeli Government, stated that the light of fsraelrs exceptional security dilemma we believe that the rights afforded to security detainees are reasonable'. His further reactions tilere3

(a) the fsraeli trlinistry of Justice and other officials concerned with the admlnlstration of justice in Israe1 and the territories conduct an ongoing review of the treatment of security detainees; hence there nas no need for a comnittee of inquiry;

(b) annesty rnternational blatantly failed to offer an impartial, even-handed Portrayal of Israelrs treatnent of security detainees in the territorles;

(c) llhe sources uPon which ilmnesty rnternational relied and the unbalanced nanner in which these sources were presented, raised guestions about the credibility and impartiality of the findings; (d) The Amnesty International report overlooked the right, of the inhabitants of the territories to approach fsraelrs supreme legal bodies with any complaints against the authorities. Itris right was unprecedented with regard to people living under occupationl

(e) the allegation by Amnesty fnternational that security detainees were limited in the free choice of Defence @unsel was rentirely without foundationtr, (f) llhe suggestion by Amnesty rnternational that the composition of fsraeli nilitary courts diminished the quallty of justice provided or that it tainted the proceedings with a political charactqr vras t,otarty unwarrantedg

(9) libver before had the rsraeli legal system and its Oourts been seriously guestioned.

(Report and recommendations of an lunnesty fnternational Mission to the Government, of the State of feraelr 3-7 June 1979; Jerusalem post, 2 September; Hafaretz, 3 septembert The Times, 2 and I septemuffil?, s seltemuer td[q-

310. The administrative detention of ali Jama1 was extended another six npnths by a military review committeei Mr. Jamal has been in administrative detention since 9 May 1975. (Al Fajr Weekly, 26 October-2 tbvember L980)

311. Mr. walid Flahum, an attorney, submitted two reports providing information on the conditions in the Beersheba and Jenin prisons. With regard to Beersheba, he A/36/579 F:ng1ish Page 54

rePorted that punishment imposed on prisoners following a hunger-strike from I to 13 August 1980 was then still in effect; the preceding winter's clothes had yet to be changed, prisoners slept on mattresses whose covers were changed every two years' there ldas no natural lighting, conditions $rere overcrowded, Lhe food was not nutritious, there had not been any visits by a dentist for a long time and doctorsl prescriptions were not filled. In the Jenin prison, he spoke with two prisoners, Adnan Ibrahim AI Jaznar.ti and Shakib Abu Jabal. He reported that prisoners in the Jenin gaol had learned of an arrangement whereby Golan Heights detainees would be released in exchange for the agreement by inhabit,ants of the Golan Heights to carry fsraeli identity cards. Mr. Fbhum also stated that he reguested the release of Abdullah Ahmad Marina for health reasonsi he was schizophrenic and suffered from insomnia, hallucinations, and loss of appetite. The prison doctor agreed that Mr. Marina had a "disorder in his nervous system' and that his application for release was nunder studyf. It had been more than a year since the reguest for his release was init,iated and Mr. Marina then had only one more month of detention; his state of health was deteriorating. (AI lttihad, 7 and 14 October 1980)

312. According to one report in November 1980, there were 2r500 palestinian prisoners in Israeli prisons, 360 of whom hrere serving life sentences. (Asha'b, 14 November 1980)

313. In November 1980 it was reported that the authorities had not yet implemented any of the promises made to the Nafha prisoners at the end of their 30day hunger-strike nor any of the measures recommended by the Commission of Inquiry, established by the Minister of the fnterior after the death of two Nafha inmates in Ramle detention centre in July 1990.

3I4. Saleh Abdul Jawad Saleh was kept under arrest in Ramalah prison from 29 July to 10 lilcvember 1980 without charges or trial and subseguently released. During this period he was kept for 50 days in solitary confinement. His prison cell measured 2.25 by 1.40 metres, with a hole in the floor which served as a latrine. He htas kept, standing in the prison ceII for two days with his hands tied behincl his back. (AI EAjr Weekly, 23-29 November 1980)

315. Salameh Mohammed Salman Al Hassoun (51) died on 2I November 1980, less than two weeks after his release from an Israeli prison. He suffered from leukaemia which was attributed to the bad prison conciitions during his six-year prison sentence. (Al Flajr Weekly, 30 libvember-S December f980)

316. Khalil Abu zayad and Hani Issawi were released in l.lovember t9g0 after serving 10 years. They spent their last six months in Nafha prison and were the first prisoners to be released after the end of the hunger-strike in the summer of 1980. Mr. Abu zayad spent his prison term in Ramle (1971-f976), Beersheba (1976), Tulkarem' Ashkelon, and Nafha prisons. He stated that the prison administration adopted a deliberate policy of transferring prisoners to create unstable conditions and to punish and weaken prisoners. Mr. Hani fssawi spent his prison term in Kfar Yona (1971), P.amle (1971-1979) and Nafha prisons. He stressed that there hras a difference in the treatment of criminal prisoners and political prisoners, who were not entitled to adequate food, reading material or freguent family visits. A third A/36/s79 English Page 65 person released at the same time, described the conditions inside llafha prison. He stated that guards were armed with rifles equipped to fire gas canisters and that they used to beat inmates with clubs. He asserted that ICRC had recorded the marks of ilI-treatment on the bodies of the prisoners during the hunger-strike in Nafha in JuIy and August 1980. (A1 Fajr Weekly, L4-20 December 1980)

317. Mr. Khalil Abu Zayad made a number of observations on prison conditions based on his l0 yearsr exSrerience as a political prisoner in Israeli prisons and relnrted the following: (a) Tulkarem prison has five cells for collective confinement. Prisoners suffer from overcrowding, high humidity the year around, no sunlight from October to March either in the cells or in the rnini yard (4 x 15 metres) that serves as a recreation groundS

(b) .Since January L980, on orders from the Prison Service Conmissionerr Mr. Haim l€vy, Palestinian prisoners were constantly being transferred from Ramle prison to Beersheba and Ashkelon prisonst

(c) Detainees in Beersheba and A.shkelon prisons as well as in other prisons are subjected to all forns of pressure, depriving then of minimum conditions for survival t

(d) Palestinian prisoners still sleep, eat, read and write on the floor of their cells. Prison beds are not real beds, but plates of iron fixed with iron barst

(e) tilrne of the hunger-strikersr demands in Nafha prison had been met, although pronises had been received fron the Pr ison Service Oomnissioner, Mr. I€vy, to provide a yard of suitable dimensions and a visiting room for monthly fanily visits and to solve the problem of sunlight in the cells. (A1 Fajr l{eekly, 2L-27 December 1980)

318. Mr. Yasir Abdel Rahman Sabbah (22) from Anata refugee camp was arrested on 12 July 1980 and charged with menbership in a Palestinian organization. D.rring his interrogation at the Russian Comtrnund in Jerusalem he was badLy beaten and as a consequence had to be hospitalized. tr{r. Sabbahrs lawyer, who had visited hin in prison shortly beforer reported that Mr. Sabbah did not receive medical attention during his period of detention, despite the fact that he had undergone electric shock therapy at Bethlehem mental hospital three years earlier for what had been diagnosed as "schizophrenian. He was awaiting trial, scheduJ.ed for 4 January 1981, in Ramle detention centre. (31_-EgiI_Wgg[!1, 2L-27 December 1980) 319. In its report for 1980, Amnesty fnternational referred to its activities in Israel and the occupied territories. It stated that it worked on behalf of 51 individual prisoners and learned about the release of 30 prisoners. Out of the total' 27 had been tried and convicted of security offences. Seven prisoners were adopted as "prisoners of conscience" and 20 were cases under investigation. In a number of cases, the reSnrt continued, the security legislation, under which the A/36/579 English Page 66

security offences were belng tried, was interpreted very broadly by military @urts so that individuaLg were sentenced to prison terms for acts which were expressions of pol.itical belief, rather than acts involving or advocating vlo1ence. The retrnrt furtherflpre stated that the number of adrninistrative detainees fluctuated between 6 and 20. Annesty Internatlonal worked for 24 administrative detainees during the period covered by its 1980 relnrt. Mr. AIi Awwad Jamal was in adrninistrative detention for the longest period, having been held since !{ay L9?5. Amnesty International stressed that there was no right of appeal for those tried before the nilitary tribunals in the occupied territories, although a military appeals court existed for residents of East Jerusalen and Israel. A Cornrnittee under the chairmanship of Supreme Court Justice Meir Shamgar vras set up in !{ay 19?7 to exanine the system of military justice operating in the territories. Although the Comrnitteers final retrnrt, which contained a number of reoonmendations involving basic changes in the structure and organization of the military justice system was completed in !4ay 1978, the Israeli bvernnent had not yet acted upon it. (Al Fajr !{eekIyr 2L-27 [Ecember 1980]

320. In Decenber 1980r Mr. Walid Fahum, an attorney, subnitted a report on the treatment of Palestinian prisoners ln Stratta prigon. About 270 to 300 prisoners were kept there at that timet I0 of then were charged with political activities. iltrey were assigned to cells each measuring 9 square meters. Nine prisoners, one of whon slept on the floor, had to share a celL. Prisonersr vrho protested against the prison conditionsr were oonfined to solltary cells. lltrere was no medical care and booksr neyrspapers and radlo programs were forbidden. Ttre retrnrt stated that Mr. Essam El Khatib from El Rama, who was serving a four-year sentencer suffered from a urinary infectiont he had lost l7 kllograms and was transferred to the Assaf Haroveh lbspltal. !lr. Jabr ALl Annar, from @zat sentenced to Life imprisonmentt suffered from a gradual loss of his sight. Mr. Abdel Aziz Ali Shahin' also eentenced to life inprisonmehtr n€ls kept 23 hours a day in a dark cell. (Al lttihad, 23 December 1980)

321. !lr. Sanir Khalil Taha Yussef, 18, a security detainee in the Gaza jail was found dead in his ceLl. According to one retrnrtr he was murdered ln the jail corridor. It bras not known whether his death was the result of a personal dispute or that of a dispute between rival terrorist organizations. (Jerusalem bet' 15 January I98I1 I'tarariv, 15 January 1981) 322. F'anilies of prlsoners prepared merpranda to be sent to the [linister for Defence and the Military @vernor, expressing their fear for the llfe of their sons ln detention. llhe appeal was made following visits to prisons by the rnothersr - together wlth Red Cross representatives. (Al Fajr weekly, 11-17 January 198f)

323. Ttre famlly of Abdallah l{ahmud Ayash, arrested in October L979 on suspicion of killing a soldierr David Shamir, sent a complaint, through an attorney, l,!rs. I€a Tsenel to the Prine l{inister rs Off ice. The complaint states that l{r. Ayash was I'totally master of hls sense and consciousness" before his arrestt he owned his own business and suptrnrted a family of 10. He yras being held at that time in the psychiatric ward in the hospital of Ramle jail. The family believes his iLlness was due to torture during interrogatiol, (Itararetz, 27 January 1981.) A/36/579 Brglish Page 67

324. Mrs. Tsemel sent a letter, in her own name, and in that of Mr. Muhamad Naramwal another attorney, concerning the alleged torture of detainees. She had previously conplained to the Prime Ministerrs office on this sane subject, and was told that such complaints of torture had been examined and were found to be groundless. (Hararetzr 22 January 1981) 325. According to a desSrosition nade by a reservist to Mr. M. K. Uri Avneri ln January 1981, the prison in Ramallah, constructed to acconunodate 500 detaineesl vris then holding some 950. (Hararetz, 28 January t98l)

326. Security prisoners who participated in the 1980 hunger-strike in the Nafha jail submitted an application through their attorney, Mrs. Lea Tsemel, to the Hlgh 6urt of Justice, against the Dtinister of the fnterior. lltreir appeal crontained the following demands:

(a) ltr bring to trial the director of Ramle prison, guards, nurses and officers, for the assault on 26 prisoners, which included beatings and forced feedingr in which 2 prisoners rdere killed, after the prisoners nere transferred to Ran1e jail1 and, according to one source, to suspend the above fron work until the tr ial.

(b) lto divulge to the prisoners the decision of the comrnittee nominated by tlinister of the fnterior, Ii{r. Yosef Burg, to check into the conditions of }lafha prison and the prisonersr strike. (c) Ib study conditions of Arab prisoners in fsraeli prisons. (d) lto hand over the body of AJ.y Jarafari, which was buried in the '... graveyard of the terrorists, to his parents to be buried in the family graveyard'r.

(Asharb, 19 and 20 February 19811 Al Fajr Weekly. 22-28 February 19SL)

327. Palestinian political prisoners in the Nafha prison (in the Negev desert) have reguested national institutions to exert pressure on the authorities with a view to allowing the Arab doctors, especially eye specialists, to visit then in Jail. ltre prisoners were suffering from illnesses due to poor prison conditions, such as eye ailments caused by sand and aggravated by the electric lights which were left on continuously in the prison. According to relatives, the prisoners were undernourished and their hearth was deteriorating. (Al Fajr weeklyr 8-14 February 1981)

328. Prisoners celebrating the anniversary of the founding of the PI,o on I January 1981 in ther tihblus jail, were rbeaten, huniliated and held in freezing cells with inadequate cLothing...". Bilal Shakhsheer, who nas a prisoner ln the l{ablus jail' gave the following accounts "At about 9 orclock at nightr prison guards entered the cells with border guards and fired tear-gas. llhey ordered a few from each cell outr dnd took us to the administration block. There we were beaten by the head of the prison, @vernor Zakoto. He hit me on the head. After that we A/36/s79 English eage 58 were escorted to the visiting room and ordered to take off our clothes. My friends Hussein l"tahrpun Shehada el-Sheikh and Muhammed Afernic were beaten by the guards. When we vtere totally naked we were ordered outside - it was a freezing cold night - and taken across 100 metres of open space to the isolation cells ... hre were locked in, still naked, three to a cell. The cells were completely bare and we had to stand or sit on the concrete floor. After two hours the guards brought us each a pair of wet overalls. we were still barefoot. Three hours after that we were issued one blanket between the three of us. The next day the entire prison went on a hunger-strike to protest our treatment. After the treatment we were all very sick. " (Af$jI-weekl1 ' L5-2L February 19 8f ) 329. fbrahim Sabra Abu Hashhash, now 16 years old, and Naif Abdul Hadi Subbuh spent Iong periods in solitary confinement before being tried. The report further states that Abbas Kashour, from Jerusalem, aged 18, was brought to trial before his last birthday in a military court, "... €r procedure which goes against the Israeli law that stipulates that those under 18 from Jerusalem must be tried in juvenile courtff . (AI Fajr Weeklyt 22-28 February 1981) 330. Palestinian families who visited their relatives in A1 lfrnajdal (Ashkelon) prison in February 1981 reported that the rr... Israel jailers and Border Police break into the cells at night and beat the prisoners with large sticks and spray them with tearnas. Often the prisoners are taken into the prison yard naked. The prison authorities have begun to separate the prisoners, putting three to a cell. Relatives have been forbidden to give the prisoners books. Sone relatives held a sit-in at the El Bireh Red Cross Office." (Al Fajr Weekly, L-7 March l98I)

331. Attorney l4rs. Ianger sent a menorandum to the Director of Israeli prisons, in which she stated, on behalf of her clients in Nafha prison, Ivlr. Yahia Aloub Abu Samra, Mr. Luai Ali Abdu, Mr. yacoub Diwani, !4r. l4ohanmed Xhalil Hassan and Mr. Bassem AI Sayeh, that the Israeli authorities had not implemented the recommendations nade by the I'Government Conrnittee of Investigation" on Nafha prison conditions. The Connittee was aplninted by the Minister of the fnterior, Mr. Burg after two inmates, Mr. Ali Jarafari and Mr. Rassem l,tchammed Halawa died, atlegedly as a result of forced feeding. (Al lttihad, 5 MarchT A1 Fajr Weekly, L5-2L March f981) 332. Ashkelon prisoners complained about the continuing provocation by Israeli prison authorities, who conducted frequent raids in the cells, confiscating books and personal notes. Twenty-eight prisoners had been put in solitary confinement at that tine. (Al Ittihad, 13 Marchl A1 Fajr Weekly, L5-2L March 1981)

333. Dr. Ibrahim Abd Khadr Abu Hilal, detained since L975, suffers from severe injuries in the back. Abu Dis villagers hold the authorities responsible for his deteriorating health conditions and they requested Dr. Hilalts release in order to be able to receive nedical treatment. (AI lttihad, 13 March 198I)

334. The fsraeli Prison Service Commissioner, Mr. Haim kvy, upon retiring from his Post' stated that his successor would have to work in rralmost impossible conditions", owing to 'rcontinued government neglect of the prisons". Ir{ost of A/36/s79 Engtish Page 59

rsraelrs 5r000 convicted prisoners lived in "subhuman conditions,'. The prisons held twice as nany inmates as permitted by the regulations written 25 years earlier. The new Prison Oornnissioner r,vould have to build three new prisons to accommodate the greater number of prisoners. (Oerusafen_pos.l, 3I March f9g1) 335. one report by the lawyer, Mr. Walid Fahun in April 19Bl described prison conditions in Hebron prison. The 500 prisoners lvere held in 2l ce}Isr one ceII described as "room 1l'r was given as an example: 24 prisoners lived in that ceII and the space allotted to each prisoner was I.25 sguare metres. The prisoners slept on 16 mats, each 180 centimetres long and 75 centimetres wide. They were confined to their cells for 2L 1/2 hours a day and representatives of rCRC visited the prisoners 'revery three nonths", despite the agreement between ICRC and the Government of Israel according to which the prisoners night be visited 14 days after their detention. (Al lttihad, 3 April lggl)

336. A 23-year old security prisoner from Dhahiriya, Mr. AdeI Abdu1 Rahman AIy, was murdered in Hebron prison. Security officials believed that three other detainees were involved in the rnurder and that Mr. AIy was murdered because he had corraborated with the security authorities whire in custody. }1r. I'toharuned Khalil Alian (25t from Yabal Al Mukabar was in a critical condition in Nafha prison. He had an ulcer and a slipped disc, allegedJ-y as a result of torture. (gerusafen--Bg-g!, Yediot Aharonot, 17 Julyl al rttihad, 2I Juty fggI) 337- Mr- Burg, Minister of the Interior, in a letter to the prime Minister, lilr. Begin' in July 1981, commented utrnn the findings of the prison Service Investigating @mmittee, in which he underlined the improvements nade by the Ministry of the rnterior in the prisons during the preceding four years. since the Prison service had come under the jurisdiction of the ttinisiry, the capacity of the prisons had been increased by 1r400. Prisoners enjoyed an additionaL 2r5OO square metres of working space. Ttre Oonmittee had charged that the situation had be&me critical and recommended that the Prison Service be renrcved from the jurisdiction of the Ministry. Mr. Burg stated that the report did injustice to the Governmentrs efforts to improve the conditions of prisons and prisoners. The comnittee, inter alia, had stated that conditions were rrunfit for humans[ and that overcrowding had brought the situation in some prisons to the verge of an explosion. The conditions of the prisons, according to the Minister, were known already before the Committee started its work, but he felt that the study - which had taken two and a half years to partially complete - should be issued officially to give credence to his Ministry's demands that the situation be inproved. (Jerusalem Fost, 4 August 19gl) (c) Incidents

338- The following is a selection of reports of incidents recorded by the Speciat Oommittee during the period covered by the retrnrt. It is not to be considered extraustive as it is intended to reflect the frequency, location and type of such events. lftle "remarks" column is meant to assist in giving an indication of the context of such retrnrts. ^/36/57eEnglish Page 70

339. The following abbreviations of names of newspapers are used in the lists

AIQ. Al Quds ASH. A.sharb H. Ha raretz JP. Jerusalem Post M. Marariv YA. Yediot Aharonot L/351579 English Page 7I

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3. Judicial remedies

(a) Remedies against measures affecting the person

340. Or 19 August 1980, the High Court of Justice of Israe1 rejected by a two-to{ne majority the application submitted by the l,Layor of Hebron' Mr. Kardasme' the Mayor of Halhul, Mr. Milhem and the Kadi of Hebron, Sheikh Al-Tamini' challenging their deSnrtation. At 22 l{ay 1980, the @urt had issued a temSnrary injunction instructing the Military Government to show cause why the three notabl,es should not be allowed to return. In expounding the legal c'onsiderations motivating their decision, both Supreme Court President Moshe Landau (najority) and Judge Haim Cohen (minority) severely criticized the restrnndents, that is, the Defence Minister and the Military Governor in "Judea and Samaria". In their opinion they had circumvented the law by not giving the detrnrtees the Snssibility of appeal to the Military Review Board. Sheikh Al-Tamimi had forfeited the optrnrtunity to appeal to an Israeli @urt due to his public statenents in which he called for violent struggle against the State of fsrael. On 8 September 1980' Mr. Kavrasme and Mr. Milhem submitted a l4-point affidavit to the ltigh Court of Justice of Israel, signed in Amman and witnessed by the head of the International Oommittee of the Red Cross delegation. In the affidavit they asked for permission to appear in person before the l{ilitary Review Board, since the possibility of appearing before the Board prior to this expulsion was denied to them in a "deceitful manner". lttrey stated that they had always opposed bloodshed and oadvocate a just peace for all the peoples in the Middle East.. Ttrey also declared explicitly that, "hre do not intend to break any rnilitary law in the future in our activities as public figures or otherwise". A denunciation of inciting statements attributed to them and abidance by the military law system were the two conditions for further appeal laid down by the High @urt of Justice in its judgement of 19 August 1980. On 8 October 1980, the Military Review Board rejected Mr. Kawasme and Mr. Milhenrs application. On 3 lbvember 1980, the High Court of Justice of Israel reconvened to examine the appeal of Mr. Kawasme and Mr. Milhem after their case riras rejected by the Military Review Board. The two mayors r,vere allowed to attend the session, but other mayors were prevented from leaving their towns. The High Court of Justice disnissed by a majority decision on 4 December 1980 a petition for an order nisi calling upon the Minister of Defence to show cause why he should not refrain from expelling the Palestinian mayors, Mr. Kawasme (Hebron) and I"1r. l4ilhem (Halhu1) from the Vfest Bank. It referred the case to the Covernment of fsrael for reconsideration and a final decision. Subsequentlyl in late December 1980 the cabinet decided to confirm the expulsion orders. (Jerusalem Post, 19 and 20 August; Ma'arivr Eararetz, !g!p!-..1@!, 20 Augustr AI Ittihad, 22 Augusti Al lttihad, $.@!, Hararetzl Jerusalen Post, 9 Septenber t Asharbr 12 Septemberr qggglry]!, Hararetz, AEb{!, 3 libvembert Jerusalem Post, 18 December 1980) 341. The Acting Mayor of Hebron, Mr. Mustafa Nabi Natshe, petitioned the High Court of Justice and obtained a provisional injunction prohibiting the military authorities from expelling him pending the High @urtrs decision on his application. Justice Aharon Barak decided to refer the case to a three-justice panel. (Jerusalem Pos31 29 Mayi Hararetz, 29 Mayi Al Ittihad, 29 May 1981) A/36/579 English Page 97

342. |Itte District Court in Tel Aviv ruled that an Israeli tribunal (i.e., the Tel Aviv l{agistraters Court) did not have the competence to convert a suspended prison sentence given by a military court in the occupied territories (i.e., the t'iilitary Court at Tulkarem) into an effective sentence. gg_'ar.!g, 6 Ncvember 1980) 343. The Supreme @urt, sitting as a three-justice panel, rejected by a majority opinion the application of Muhammed David Hussein Darwish, a security prisoner serving a 25-year prison term, in which he requested that the prison authorities supply him with a bed in his cell. Justice Haim Cohen, dissenting, stated: ',a person in Israel who is sentenced to imprisonment has a right to be held under conditions that enable civilized human Iife. ft makes no difference that this right is not explicitly provided by any la!r". (Marariv, 26 tibvember 1980)

344. The High Court of Justice issued an order nisi instructing the rUudea and Samariarr Commander to show cause within 10 days why he should not authorize Hussein El Aziz (I7) from the vitlage of Harmala in the Bethlehem district to return to his school after having served a prison term for a security offence. The State Attorneyrs representative had argued that the "Judea and Samaria" Conunander was qualified to decide where the laouth should study, and that his decision was made for security reasons. (leggsalem--3g-str 2 December; Hararetz, 2 Elecembert Ag@]9, 3 December 1980)

345. Security prisoners who had participated in the hunger strike in the Nafha jail in 1980 subnitted an application through their attorney, Ivtrs. Lea Tsemel, to the High Court of Justice, against the Minister of the Interior (according to two sources, to the Minister of Folice, the Israeli Attorney General and the Military Governor of the West Bank). Ttreir appeal contained the following demands:

(a) Iro bring to trial the director of the Ramle prison, guardsl nurses and officers, for the assauLt on 26 prisoners, which included beatings and forced feeding, in which 2 prisoners were killed, after the prisoners were transferred to the Ramle jailr

(b) Ito inform the prisoners of the decision of the Committee noninated by Minister of the Interior, Mr. Yosef Burg, to inquire into the conditions in Nafha prison and the prisonerst strikei (c) Ib study conditions of Arab prisoners in Israeli prisonsl (d) ltr hand over the body of Aly Jarafari, which was buried in the "... graveyard of the terrorists, to his parents to be buried in the family graveyard',. (Ashafb, 19 and 20 Fbbruary; A1 Fajr Weekly,22-28 February 1981)

346. The Military Review Board sumrnoned before it three journalists who were under town arrest' Mr. Mamoun A-Sayed, editor of Al Fajr, Mr. Akram Haniya, editor of Asharb and llr. Bashir Al-Barghuti, editor of attili'a. The three editors had been placed under house arrest on 7 August 1980. Mrs. Felicia Ianger subnitted an application to the High Court of Justice on behalf of the three journalists for a ruling which would allow the editors to leave their home town regularly for the A/36/s7e English Page 98 sole purpose of travelling to their nevrspaper offices to work. the High Court of Justice of Israe1 considered the case of the three editors and on 14 April 1981 it rejected the appJ-icationt thus the editors would remain under house arrest and would not be able to go to their work in Jerusalem. (The Times, I0 Fbbruaryt AI lttihad, 6 Februaryt 4g@!, 21 41 5, 13 and 23 Februaryl @@!g, L, 14 and 15 Aprilr Asharb, I and 2 Aprilr Al lttihad, 3 April 1981) 347. llhe Central District Military Court sentenced a soldierr who had stolen 180 .Iordanian dinarsr during a search in Silwad Decenber 1980r to two and a half rnonthsr effective irnprisonment with a three-month suspended sentence. A second soldier, convicted of attacking Arab inhabitants in the course of the search in Silwad, r{as sentenced to a three-month suspended prison term. The prosecutor had asked the @urt to impose heavy prison sentences on the two defendants, but the defence lawyers argued that rrthese !{ere exceptional cases and the Court had therefore to be lenient towards the defendantsr'. (Yediot Atraronot, 17 Marcht The Times, 18 l4arch f981)

348. Dr. Haidar Abden Shafi, president of the Red Crescent in the Gaza Strip, submitted an application to the High Oourt of Justice against the Defence l4inister and the Military Government. He asked for an order demanding that the Military Government lift its restrictions on his freedom of movement. He had been kept under house detention for a period of one year, and was prohibited from leaving without prior authorization. (Al Ittihad, 25 t4ayt Jerusalem Post t 26 ttlayt Marariv, 26 May 198I)

349. Sixteen teachers from the West Bank filed a petition in the High Court of Justice against the West Bank l"lilitary Governor and the officer in charge of education. Attorneys Mrs. Langer and Mr. Abd Assali, on behalf of the teachers, asked the Oourt to instruct the authorities to show cause why they cut the salaries of the teachers who were on strike. (Asha'!, 1 June 1981) 350. Attorney Mrs. L€a Tsemel subnitted an application to the High Court of Justice requesting the release of an administrative detainee, Mr. Aly Anad Salah Jamal (33), from Jenin, held in administrative detention since 9 May 1975. (Hararetzr 17 Junet lgq&t |larongt, 2I June 198I) 351. The Military Appeals Conmittee held a session in Ramle prison to look into the case of the Golan inhabitants arrested in early June t98I: Mr. Atrmed Kudmain and Atrnad Safadi. Mrs. langer and Mr. Walid Fahum alleged that the Israeli authorities had prohibited the pubtication of the minutes of the session. (Asharb, 24 June f981)

352. :Itre High Court of Justice issued an order nisi instructing the "Judea and Samaria" Oommander to show cause within 45 days why he should not canceL the deduction from the salaries of 16 (17) teachers from the West Bank who held a 15-day strike in Fbbruary 1981 to protest against their low salaries. lltre Oourt in addition referred to a three-member bench a request for an order calling on the Interior Ministry to show cause why it should not issue a permit to !4rs. Aida Ayoub, a teacher from East Jerusalem, fot the publication of a bi-weekly magazine in Arabic called rrAl-Sirrarr. (Hararetzr 9 and 17 Julyi A1 Ittihad, I0 July1 JerusqlernrPqs! , 17 July 198I) A/36/s7e Engtish Page 99

353. The attorney of the four accused in the nHadassa" case submitted an application to the High Court of Justice asking for a provisional injunction interrupting the legal proceedings. He also asked the @urt to declare the Nablus Military Court incompetent to try the accused on the grounds that the accused were Protected under thie third Geneva Convention of 1949, relative to the treatment of prisoners of war. The Court decided to suspend the proceedings temporarily pending a decision on this plea. (Hararetz, 13 and 15 July; Yediot Atraronot, 13 July 1981) 354. The High Court of Justice rejected the application submitted by the sister of Aly l,tohammed Jarafarir r,rho had died a year earlier in Nafha prison, in which she asked pernission to rebury her brother in A-Dahaysha refugee camp. (Jerusalem Fost, Hararetz, A.sharbr 23 JuIy I98I) (b) Remedies against measures affecting propertx 355. The High Court of Justice rejected the application of 25 landowners from Beit trunar regarding the seizure of their lands for the establishment of the Migdat-Oz settlement. Justice Shamgar, who wrote the judgement accepted the claim that a civilian settlement on the West Bank could serve a military function which justified expropriation of privately-owned Arab land. The court also rejected the application on the grounds that it had been submitted only in April 1980, after a delay much longer than could be considered reasonable. (Jerusalem Post, Ebglg, 8 August 1980)

356. Supreme Court Justice Bekkor rejected a reguest by the Jerusalem District Electricity Company to issue a temporary injunction against the Minister of Energy and the I'Judea and Samaria" @mmander. The Company asked that the @vernment-owned ELectricity @rtrnration be stopped from increasing the arpunt of current it supplied to the East Jerusalem Companyts grid and that it be enabled to acquire a generator to increase its own posrer production. The Company had been providing only one third of the electricity supply to its consumers - the other two thirds being provided by the Israeli Electricity Company. "When it submitted its application, and during the debate on the granting of an order nisi, the East Jerusalem Oompany was a$rare of the situation, but it did not then ask for a temSnrary injunctionrr, Justice Bekkor stated. He instructed that an early date should be fixed to hear the objection to the Companyrs application against the proposed take-over by the Israeli @vernment. lhe Company obtained an order nisi on 7 ,July 1980 instructing the Israeli authorities to show cause why this decision should not be rescinded. (Jerusalem post, Marariv, 8 August f980) 357. A Bethlehern landownerr Mr. Ibrahim Awdeh, petitioned the High @urt of Justice for the return of his confiscated land and requested it to issue a provisional order to show cause why the nilitary authorities failed to order invading settlers off his land. In 1973, the occupation authorities had confiscated part of his land and handed it over to the military authorities who, in turnr handed it over to the Rosh Tzurin settlement. In 1980, soldiers and settlers fenced off more land and, after Mr. Awdeh protested, the custodian of abandoned property ordered a halt to any further action pending investigation. lthe custodian found that title to the Land was disputed by a Jewish family named liiarcusr who claimed to have obtained the A/36/s79 English Page 100 lan

362. The High court of Justice rejected an application by an Arab teachersr association in "Judea and Samaria" against the denial by the Defence Minister of a pe.rmit to build a housing project in the Atarot area, near Jerusalem. Justice Meir Shamgar, who wrote the judgement, rejected the allegation that permission had been refused on politicai grounds. He pointed out that, with regard to the area in question, a planning scheme dating back to 1942 and apPlicable to the entire Jerusalen district was still in force, "as it was never abrogated and remained in force according to Jordanian laws"t it was therefore impossible to grant a construction permit unless it was in the framework of the planning scheme applicable to the area. lltre argument that the authorities had no competence to cancel the construction pernits that had been granted was rejected on the ground that ,'the Jordanian legislator had bestowed a clear and explicit conpetence to cancel permits that had been granted illegitimately". (Hararetz, 23 Decemberi AsE!, 23 tlecembert Al Fajr Weekly' 4-10 January I98f)

363. l3tre High Court of Justice issued a provisional injunction on 30 December 1980 prohibiting the Minister of Energy and Infrastructure from acquiring the East Jerusalem District Electricity Company, pending the High @urtrs decision on the A/36/s79 English Page I01

conpanyrs application. Reports give details of the submissions made by the parties'. (HSraretz, 30 and 3l Decernberl Jerusargpos!, 3l tecemb"r; ih" Tir"", 3I December 1980; Al_ Fajr weekly,2L-27 D.E;6;;1980, 4_I0 January 198I) 354. The supreme court issued an interim injunction preventing the West government Bank Military from demolishing eight tou"." in silwad, iorth of Ramallah, whose inhabitants were suspected of involvement ,,... politicalry in a rash of apparently motivated murders in the village over the past year,,. (Jerusalem Fost, 16 January 1931) 365' Mrs. Felicia Langer subrnitted an application to the High court of Justice on behalf of the Arab residents of salfit and Tubas, near Nablus, concerning the confiscation by military authorities of 151000 dunams I'state (15 sq. km) of their land that had been declared land'r. (Jerusalem Fost, 9 and 17 Februaryl Hararetz, 9 Februaryi Asharb, r0 February? rr,e riffiG?y r98r) 365. Yussuf Alan and wajady saber from the village of El-Jib, in the area of Ramallah' submitted an application to the High @urt of Justice, filed by their attorney, Mrs. Fblicia ranger, against the Defence Minister and the commlnder of west the Bank, concerning the seizure of, according to one source, 4o dunams of their land by settlers "... apparrently for the plinned settlement of Givat zerev,,. AIan and saber maintained that they were not informed of the expropriation and stated that their lands were sown with barley and corn and consiituted the only source of livelihood for their families. They further claimed that their land had been surveyedr and in one area settlers tr... from a previously illegal settlement attempt have not removed g a caravan and other Luilding tools,,. _($alaretzr February; Jgrusalem Postr 9 Februaryl Ttre Timesr 9 Februaryt At Fajr weekly, t5-21 Feur@rgsr) 367' Palestinian residents of Beit Dago (south-west of Ramallah) appealed to the Ramallah Military court in an effort to prevent the expropriation of 500 metres of their land which had been surveyed by settrers shorrry before. oa th;-;.;;i"n-"" 2 Fbbruary 1981 the residents "... submitted legal documents and proof certifying that they have owned the rand for hundreds of ylars". (Ar Fajr weekry, 15-2I February 19BI)

358' A number of reports appeared in February 1981 on appeals submitted to the authorities by Palestinians whose land had been seized either as ,,state land,, by military authorities, or by settlers. rn a Letter dated Il February rggl the Attorney-General to of rsrael, Mr. Elias Khouri, an attorney, raised the issue of west. Bank land expropriation and stated common denominator gilest 'The of ... the rand problem in the Bank ... is the military authorities and the settlers in the settlements adjoining their property, and the ongoing and increasing tendency to distrnssess the said landowners of their land. According to order lb. 59, dealing with Government property, when a certain area has been declared state property, the @vernment appointee is abre to take trnssession of it and rtake any measures he deens necessaryr. rn such circumstances, complaints registered by the landowners ... will be brought before a committee accredited under order litr. I72l concerning appeal committees. on the surface the procedures of the appeal PJ36/579 English Page I02 conmittees seem simple, but in reality it is differentr since the rburden of proofl principle is reversed and the burden falls on the appellants ... who must Prove their rights, ownership and tenure on the land. This can be a very complicated procedure, often involving ordering from Turkey documents proving ownership, all of which must usually be completed within an allotted arpunt of tine, usually 2l days' aLthough occasionally extensions are granted. In the meantime and as of the issuing of the order, the appointee and/or settling authorities work to change the character of the land, at worst. At best, the lando$tners ... are prevented from entering the property and continuing their hold on it. The nilit,ary authorities ... and other authorized elements working on their behalf violate the law and use their power to confiscate land for the settlements and ignore the Iandownersr basic legal rights. Mr. Khouri requested the Attorney-General to investigate the aforementioned subjects as well as the bans on the building and Iand seizure orders (nentioned in his letter) and requested their cancellation. (A1 Fajr Weekly, 22-28 February 198I)

369. Landowners in Abu Dis and AI Azariyah were to appeal to the Israeli Military Oourt in an effort to prevent Israeli settlers frorn confiscating thousands of dunams of land. (A1 Fajr Weekly, ],-7 March 1981) 370. t4rs. Langer and Mr. Abd EI Assa1y submitted two applications to the High Court of Justice of Israel concerning land in the Hebron area. The first one vtas subnitted on behalf of landowners from Tarqumiya, who stated that Jewish settlers had started working on their lands, despite a decision of the Military Review Board which had ordered the suspension of aII development works pending a final decision by the Court. The second application concerned land that had been taken for the expansion of Kirtyar-Arba. (Ashatb, 6 Marchi Hararetzr 13 March 1981) 371. Mrs. Langer, Mr. Abd EI Assaly and Mr. Walid Fahum submitted an application to the High Oourt of Justice of Israel on behalf of 62 landowners from the vi]lages of Kafr Haress, Sarta, Sa1fit, Farkha and Burqeen in the Nablus district. The landowners asked the Court to prohibit any use of their land (allegedly some 41000 dunams (4 sq. kn) ), that had been declared "state land" shortly before the use of the Ariel settlement. (Jerusalem Postr Hararetzr 10 Marcht Asharb, 11 March 1981)

372. Iando$rners in the villages of Al Jib, Beitunia, Rafat and AI Jderiah obtained an order nisi from the High @urt of Justice of Israel preventing Isreali settlers fron fencing off their land. (AI Fajr Weekly' 15-21 March 1981) 373. Ir{rs. Ianger and Mr. Abd EI A.ssali submitted an application to the High Oourt of Justice of Israel on behalf of 20 landowners from Ramin, Kafr Allabad, Beit Lid and Anabta in the Tulkaren area. They denanded that work for the Shaveh-Shomron B settlement be stopped immediately. A period of 2L days had been given to lodge any complaintr but despite this notification, work had started three days later. (Hataretz, L7, 18, 19r and 25 Marchl Marariv, 17 l"larcht Jerusalem Post, 18 Marchl Asharb, 17 and 18 l,larch f981) A/36/579 English Page I03

374. lltrree Arab citizens from Beitunia, Beit Amar and Ras Karkar submitted an application to the High Court against the seizure of their lands for the Gush Etzion settlement. The Military @vernment considered their land ,State

376. Iandowners fron the villages of Beitunia in the Ramallah area petitioned the ltigh Oourt of Justice to order the Military Government to vacate more than 21300 dunams (2.3 sq. km) of their lands. In their submission they maintained that the land was being used for the Givon settlement. rn a simil-ar development, inhabitants from Se'ir and Shuyuhh in th Hebron area, petitioned the Court to reguest the cancellation of an order closing off an area of 600 dunans. (Ilajareg, 20 Marchl Jerusalem post, 23 March lggl) 377. Supreme Court Justice Irbshe @hen issued a temporary injunction nHirbet stopping all work in an area called Beit Sawirr', near Alon-Shevat in the Etzion bl-oc. l{rs- Ianger, on behalf of the landowners, claimed that the land in question is arable and constituted the source of livelihood for several families.

378. In April 1981' the Military Appeals Board c.onsidered the case of the Al Khada and Turgumiya lands, an area of 21500 dunams (2.5 sq. km) seized 14 nonths earlier and belonging to 2l citizens. rt was reported that the Board allocated 60 dunams for opening up a road leading to the Mitzpe-Govrin settlement. The Arab La$ryers Oonmittee in Hebron decided to apply directly to the High Oourt of Justice on the matter, because of "shaneful bargaining" between members of the Military Appeals Board and the lawyers representing the landowners and because of the llegal intriguestr of the Appeals Board. Subsequently, the Military Governmentrs Advisory Oomnittee on Land Affairs extended by 45 days the ban on carrying oug vrork near Targuniya for the c-onstruction of the Mitzpe-Covrin settlement. (Asharb, 1 and 13 Aprill Hararetzr 13 and 22 April fggl)

379. ltre High Court of Justice of rsrael issued a temporary injunction ordering the West Bank Military Government to show cause within 30 da1,s why it should not cancel an order seizing land for public purposes from 12 villages in the KalhiLiya area. llhe land was being used for the road to the new settlement of lGrney Shomoron C. The Court ruled that work on one side of the road, which was nearly conpleted, night continue. Oounsel for the applicants, Mrs. langer, stated that under the cover of tracguisition for public purposes"r trelectoral €l settlement $ras being created for purgnses". Under.Tordanian law, she added, the',publicr is the 1ocal population and not the Jewish. settlers to whom the law does not app1y. (Jerusalem Post, 5l,layt Hararetzr 5 M"yf AL lttihad, g-I5 Uay lggl) ^/36/579English Page 104

380. An inhabitant of the Abu-Ibr suburb in Jerusalemr Mr. Abu l4ohammed Ruken, obtained an order nisi from the High Court of Justice against the Minister of Finance and the State Land Administration. In his petition, Mr. Ruken accused the State Land Administration of expropriating his land and house in the Arnon Hanatzvi quarter to make possible the construction of a villa neighbourhood financed by the Swiss Jewish businessman, Mr. titessim Gaon. In addition to the period of 45 days given to respondents, the High Court also issued a provisional injunction prohibiting the restrnndents from taking trnssession of the house and land during this period, pending a final decision by the Court. (Jerusalem Post, 13 Mayt Hararetz, 13 l,lay 198I) 381. Mr. Darwish Nasser, an attorney from Jerusalem, submitted an application to the High Oourt of Justice of Israel asking it to annul the declaration of West Bank Iands as government poverty. In his application, Mr. Darwish stated that this method of acguisition of property ran counter to Israeli law and international law. In addition, it was not reasonable, since most of the West Bank lands !{ere "not arrangedrr (i.e., their ownership had not been determined through a land settlement procedure). He also rnaintained that this procedure was used to circurnvent the Eilon t'loreh ruling regarding "expropriation for nilitary needs'r. Tens of thousands of dunams of West Bank land had been transferred at that time by that method and, in particular, several thousand dunams located east of the village of Yatta. (Hararetzr 14 and 18 Mayi Jerusalem Post, 18 May 1981) 382. The High @urt of Justice rejected an application by an Arab landowner from Beit JaIa concerning 15 dunams of land in the Gush Etzion area, which he claimed were designed for the expansion of the Alon-Shevut settlement. Mr, Nicola Halil Jiryis argued that his land, a cultivated tract known as "Hirbet Beit Suweir', was fenced off on 15 February 1981 by 17 settlers from Alon-Shevut, accompanied by a soldier. He stated that he had not been notified in advance of the action, which he claimed was to expand the settlement. The High Court determined that the land had been lawfully seized for "military needs", in order to set up a military post, and that it therefore "had no grounds for intervening in that case". (Jerusalem Post, 14 MayT Hararetz, 14 May f981)

383. Sixteen landoldners from seven West Bank villages petitioned the High Court of Justice, challenging the legal basis of orders they had just received from the "Judea and Samaria" Conmander and the Custodian of Abandoned Covernment Property affecting their tenure over the land. This was the second application on the same matter to be submitted to the Government. The first one was submitted by an inhabitant frorn Ramallah through Mrs. Langer and was transferred by Justice Aharon Barak to a three-justice panel. The second application concerned several cases of land seizure: (a) Three landowners from Tarqumiya in the Hebron district maintained that their lands were declared "government property" for building a road to the Mitzpe-@vrin settlement. (b) Ebur inhabitants from Hebron alleged that their lands, located in the Wadi Nassara area, were seized and declared "government property" to increase the surface of Kiryat-Arba. A/36/579 English Page 105

(c) Three inhabitants from Ramin in the Anabta area (Tulkarem district) complained that lands htere expropriated to establish the Karney shomoron B settlement.

(d) A group of randowners from Haris and salfit (Tulkarem district) stated that their lands were seized and declared ',government property,' in order to build an industrial centre for the town of Ariel. (e) Villagers from Al Khadr (Bethlehem district), (Nablus and eaddum district) Biddu (Ramallah district) also alleged that their lands were seized and declared 'rstate propertyrr in violation of Jordanian law and rsraeli law, according to which it is forbidden to declare any area as ',state land" without court judgenent. (Jerusalem Fost, lg lilayi Hararetz, lg I'lay lgg1)

384. Ttre High Court of Justice deterrnined that there ri/as no ground to the allegation made by the inhabitants of Hebron that the "Hadassa'r building settlers were "invaders'r ("sguatters" according to one source). In the application by the Acting Mayor of Hebron, Mr. Mustafa A-Natshe, and I0 other inhabitants of Hebron, it had been argued that the "Jordanian custodian of Enemy property', had ret the building in "protected tenancyrr to Ul{l{RA and that 'rHadassa'r sett}ers harassed the inhabitants with the purpose of intimidating them and causing their departure so that they could exercise their right to settle in the town. Justice Ben Forat, who judgement, wrote the stated LhaL,allegations of harrassment - when they were specific and clear - "seem to us, in part, weighty". she referred to the shopkeeper whose ceiling collapsed after the "purim,, holiday and stated that ,this complaint which we regard as serious, was not dealt pointed with appropriately',. She then out that many other complaints by inhabitants of Hebron against the "Hadassa" settlers lrrere "lacking specific data and stretching over a long periodtr. rn addition, she ruled that Hadassa settlers were not mere ninvaders" bacause the building is Jewish property. Thirdly, rrthere are grounds for supposing that the Custodian of Absentee Property was avrare of the presence in the building of presenL its occupanls and he nevertheless chose to refrain from reacting,'. Above aII, the @vernment of rsrael decided to act on 23 March 1980 for developing the ,,Jewish @urt" in the Jewish Quarter of Hebron and to add a third floor to the "Hadassa,, buildingl this was done rrit "without prejudicing the ownersr rights". She pointed out that therefore appears that the holding of the rHadassar building by the Jews is with the Governmentrs knowledge and has its full consent'. (Jerusalem Post, 21 r4ayl Hararetz, 22 r./nyt Marariv, 22 l4ay lggr) 385. Arab landowners applied to the High court of Justice in a number of land cases. The Oourt issued a provisional injunction prohibiting the MiJ.itary covernment authorities in "Judea and samaria" from carrying out work in the areas seized near Kiryat-Arba, Ariel and the new settlements of Mitzpe-Govrin and Tel-Hadasha. The injunction would be effective pending the Court's decision on the application by 30 landowners, who claimed ownership of the lands which the Israeli authorities decla':ed "state land". rt was subsequently reported that 12 landowners from villages rUudea in the Ramallah and Hebron district obtained an order nisi against the and samaria" Region commander and the custodian of Absentee and Covernment Property who had declared their lands rrstate lands,, for the purpose of establishing the settlements of Neve Tzif and Mitzpe-Govrin. The order asked the A/36/s79 Engllsh Page 106 defendants to show cause within 45 days why they should not cancel their declaratlon of the land as government property. A temlnrary injunction was iseued prohibiting the authorities from carrying out work pending the_decision on the application. Applicants from the villagis from tlnm Safa, Ajjut and Tarquniya also rnaintained that their lands were declared 'rstate lands" in June I98I and that work had started wlthout consideration of the period of 2L days in which landowners are allowed to appeal a decision. (Ha'aret3, 12 and 21 July I98I) 396. iltre Hlgh Courtrs ounsellor announced the @vernmentrs decision to revoke the seizure order on the oDeir Ammarrr lands (Ramallah area) before the Court ltas to discuss the case, Mrs. Langer and Mr. Abd Assali were acting as counsel on behalf of 52 inhabitants. rn addition the Military Appeals Board issued a temtrnrary inJunction preventing the rnilitary authorities frorn using lands north of Ranallah on the condition ttrai, the applicants pay bail set at I'S' 100,000' llhe High Court granted an application for a temporari injunction by inhabitants of EI Bireh to lssue an interin injunction to slop ttre cieation of a settlenent on Jebel Tawil' (4$4r 7 and 13 iluly1 AI Ittihadr ? Julyt ga'aretz,28 iluly I98I) 3g7. Inhabitants of Azun village in the Nablus area obtained a temPorary injunction reguesting the lrlilitary @vernor to show cause within 30 days why he should not judgement by a loca1 Nablus Court, deciding upon the invalidation of the enforce a in sale of land to the Israeli conpany called "@mpany for Developrnent and Trade Judea nd samaria,'. (}g@!, 14 Julyr Yediot Aharonotr 23.July 198I) the 388. The Military I\PPeals Board rejected the request by Arab landoltners in Gush Etzion area to annul the seizure of an area of Ir000 dunarns for the Israeli eettlement of Efratr which is built off the Bethlehen-Hebron road. Villagere in riludea and Samaria" claimed "over 3Or0O0 dunamso that had been seized by the Mllltary @vernment shortly before. urs. hnger presented, on behalf of and Mrs. Husniya Al Qaduni, an application concerning a Mrs. Iamia Hassan Al Qadumi to plot of I35 dunarns in eaddum and asked the Oourt to issue a tem;nrary injunction stop worf on Che land. The judge in the I'tunicipal Court in |1 Jamb village (namallah area) stopped a Eransiction of land through the "village league"' because the transact,ion had taken place without prior notice to the landowners' (Hararetzr 19 Julyr !gB!, 19 and 28 Julyr A1 Ittihadr 2S July L981) 389. The High Court of Justice issued a ten;nrary injunction prohibiting the Rarnallah Dlstrict Oonmander from demolishing the house of an inhabitant of the village of Beit lzza Ln.Juclea'r whose lands border on the settlement of Hadasha' Itlre aPplicant naintained that he had built the house three years earlier with the @vernnentrs permission and on rand that had been his fanilyrs property Military house and for rnany years. rn adaition, he asserted that settlers wanted to buy his land. lftre High Court also issued an order nisi against the RamalLah District Oonunander, instructing him to show cause within 45 days why he should not refrain fron denplishing the ipplicantrs house. (Hararetz, 13 August 198I) English^/36/579 Page 107

v. coNclusroNs 390. During the Period covered by the report (1 August 1980 to 3l August fggl), the Special Committee continued to follow the situation of human rights in the occupied territories. ilhe General Assembly last renewed the nandate of the Special Oomnittee by adopting resolution 35rll22 C on lI December L9g0. The Government of Israel has continued to deny its co-operation to the SpeciaL Committeet in section rr above the speciar oomnittee reproduces its reguest to the Secretary-General to secure the co-operation of the Governnent of Israel. The SpeciaL oonnittee regrets to note that no reaction whatsoever eras comnunicated to the Secretary-General. Section Iv sunmarizes the infornation before the Speciat Cormittee. Subsection B of section fV describes the subdivision of this infornation for the purposes of evaluation. Subsection C reproduces examples of the information gathered by the Special Committee. This information constitutes the evidence before the Special committee. As stated in previous retrnrts, the Special Oommittee considers its mandate as having a continuing naturi and this report should be considered as complementary to previous reports prepared by the Special Oommittee.

391. In the present section, the Special Corunittee gives its assessment of the information and evidence reflected in the preceding sections. this information is subdivided under three general headings, namely:

(a) Folicies and impJ-enentationl (b) Situation of civiliansl (c) Judicial remedies.

A. Policies and implementation 392. The infornation on the policy of annexation and settlement and its inplementation is further subdivided into parts relating to the existence of a deliberate policy (section IV B and C I (a) ), to the measures adopted officially to implement this policy (section rv B and c I (b) ), to information on the implenentation of these measures (section IV B and C I (c) ) and to activities of fsraeli settlers (section IV B and C I (d) ). The statements reproduced in Section Iv C I (a) above, attributed to members of the @vernment of Israel, J-eave no doubt as to the bvernmentrs intention to continue with the policy of annexation and settlement of the occupied territories. The Special Conmittee draws special attention to statements made by the Prime t'linister of IsraeL. Ebr example, in the course of a visit to an fsraeli settlement in the occupied territories in May l98lr Mr. Begin was reported to have nade the following predge: nr, Menachen, son of Zerev and Hassya Begin, hereby pledge my word that as long as f serve the nation ... as Prime Minister, we shal-I not abandon any area in the territories of Judea, Samaria, the Gaza district and the Golan Heightsn. He was also guoted as having said that the Likud @vernment wants to live nin peace and respect wtttr ttre millions of Arab inhabitants of the territories, but we shall not hand over any A/35/s79 English Page 108 part of the land of Israel to a foreign rulen (see para. 55). On another occasion, he is reported to have stated that the policy guidelines of the Government stipulated "that Israel will 'raise its claim to sovereigntyr over the West Bank after a period of self-rule" (see para 57). This pronouncement, which is a reiteration of the announced guidelines of the policy of the new @vernment of Israel, leads the Special @mmittee to the conclusion that this policy directly affects the situation of human rights of the civilian population of the occupied territories and in particular its right to self-determinationt indeed' as the Special Committee has stated in previous retrnrts, the fact of the occupation in itself constitutes a violation of the human rights of the civilian population. The policy enunciated by the @vernment of Israel is contrary to article 47 of the Geneva Convention relaLive to the protection of civilian persons in time of war, of 12 August Lg49 | which expressly prohibits annexation of occupied territories. l2l 393. In addition to the statements of policy referred to, the Government of Israe1 has officially adopted plans and projects to carry out this policy. These are illustrated in section IV B and C I (b). Furthermore, these plans and projects are being carried out continuously. As shown in section IV B and C I (c), this cpnsists mainly of construction of new settlements and expansion of existing ones. Property is being expropriated to accomrnodate these settlements. The inplementation of these projects involves considerable budgetary allocations. An illustration of this is afforded by the examples of retrnrts reproduced in paragraphs 125 to 131, which, among them reflect a sum exceeding $64 million in the period covered by the report. 394. Section fV B and C I (d) reflects infornation on activities by Israeli settlers in the occuplied territories. The period covered by this retrnrt has witnessed a considerable increase over previous years of the role played by Israeli settLers in the irnpLementation of the (bvernmentrs 1nlicy of annexing the occupied territories. fn spite of sporadic retrnrts of steps taken by the authorities aimed at protecting civilians from infringement by Israeli settlers of their rights, the overall picture emerging from this information confirms the connivance and complicity of the authorities, at all levels, with these settlers. The Special Conunittee has trninted out that the transfer of Israeli civilians to the occupied

g/ Article 47 states: rrProtected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as the result of the occupation of a territoryr into the institutions or government of the said territory' nor by any agreement concluded between the authorities of the occupied territories and the @cupying bwer, nor by any annexation by the latter of the whole or part of the occupied territory." A/36/s79 English Page 109

territories is contrary to articLe 49 of the fourth Geneva conventio n. p/ rn section rv B and C I (c) (i), the special period connittee observes that, during the covered by the report, it received information on sotne 40 settrements that were either established or inaugurated or whose construction commencedT in addition the special oomnittee noted the continuing construction and expansion of rsraeli settlements in occupied Jerusalem. rn section rv B and c I (c) (ii), the special conmittee noted information on expropriation of property including a report of the allocation of some 200 square kiLometres to Israeli settlements on Moreover, the west Bank. the Government of Israel, in the exercise of its reslnnsibilities under article y/ of the convention is res;nnsible for the act,s of its agents occupied-29 territories. in the

A_/ Article 49 states: rrrndividual or mass forcible transfers, as well as deSnrtations of protected persons from occupied territory to the territory of the occupying Fower or to that of any other country, occupied or not, are prohibited, regardless of their nptive.

"l,bvertheless, the occupying power may undertake total or partiar evacuation of a given area if the security of the population or imperative military reasons so demand. such evacuations may not involve the displacement protected of persons outside the bounds of the occupied territory except when for naterial reasons it is impossible to avoid such displacement. persons thus evacuated shalL be transferred back to their homes as soon as hostilities in the area in guestion have ceased. rrThe @cupying hwer undertaking such transfers or evacuations shall ensure, to the greatest practicable extent, that proper accommodation is provided to receive the protected persons, that the refiovals are effected in satisfactory conditions of hygience health safety and nutrition, and that mernbers of the same fanily are not separated. nThe Protecting Power shall be informed of any transfers and evacuations as soon as they have taken p1ace. power "The Occupying shall not detain protected persons in an area particularly extrnsed to the dangers of war unless the security of the population or imperative nilitary reasons so demand.

"l[he Occupying Poner shall not deSnrt or transfer parts of its own civilian population into the territory it occupies. r' y/ Article 29 states:

"1the Party to the conflict in whose hands protected persons may be, is responsible for the treatment accorded to them by its agents, irrespective of any individual responsibility which may be incurred. rl ^/36/57eEnglish Page 110

B. Situation of civilians

395. Section IV B and c 2 (a), (b) and (c) contains information on the situation of civilians in the occupied territories. This is subdivided into information concerning treatment oe civilians (subsection (a) ), information on civilians in detention (subsection (b) ) and information on day-to-day events in the occupied territories whieh are deemed by the special conunittee to reflect the day-today reality faced by the civilians in the occupied territories (subsection (c) )' This information is the subject of day-to-day reports from the occupied territories. It may be noted that duiing the period covered by the rePort' the occupation authorities followed, in accordance with several announcements to that effect, what has been characterized as an "iron fist" policy vis-i-vis civiLians' The special committee has noted in the past that the @venment of Israel continues to persist in following a policy, both directly and through the action of the Israeli settlers, of extreme provocation of the civilian population and of severe repression of any reaction by civilians to this provocation' Section IV B and C 2 (a) gives information on several aspects of the treatment of civilians including information on deuolition and sealing of habitations and cnommercial premises (subsection (ii) imposition of curfews (subsection (iii) ), interference with ), on educaLion and educational institutions (sub-section (iv) ) and information curtailment of freedom of movement which affects both local Palestinian leaders and populations of villages or towns collectively (subsection (v) )' 3g6. The treatment of civilians by the occupying Power is strictLy governed by the regulations respecting the laws and customs of war on land annexed to the Hague Convention ot fiOT (IV), in particular section III thereofr and by articles 33 W- and 53 w of the fourth Geneva @nvention. These instruments have been repeatedLy violated, in particular, by the inposition of punishment on civilians for offences not commj.tted by then and by the collective penalties and measures of reprisal inflicted on the civilian population.

L5-/ Article 33 states: "Iib protected person may be punished for an offence he or she has not personally committed. &Ilective penalties and likewise alL measures of intinidation or of terrorism are prohibited' "Pillage is Prohibited. protribited.n 'rReprisals against protected persons and their property are g/ Article 53 states: by the Occupying Povrer of real or personal property "Any destruction or belonging individually or collectively to private persons, or to the Stater to otier public authorities, or to social or cooperative organizations' is prohibited, except where such destruction is rendered absolutely necessary by military operations. " A/36/s79 English Page 111

397. Section IV B and C 2 (b) concerns the treatment of civilians who are in detent,ion. lrtre hardship prevailing in the prisons, reflected in earlier relnrts of the Special Conunittee, c-ontinues to exist. The Special Committee considers that this aspect of the human rights situation gives rise to particular concern. The situation emerging from the information before it is extremely serious and warrants priority attention by the international community. As the special Committee has stated in its earlier retrnrts on this aspect of human rights in the occupied territories, the absence of a serious mechanism established by the Ciovernment of Israel to sutrrervise detention conditions and to examine allegations of ill-treatment in individual cases makes it impossible to establish the existence of the truth or otherwise of such allegations. In the light of retrnrts that have reached it during the period covered by the report and taking into acc-ount the totality of this information as illustrated in section IV B and C 2 (b't r the Special Comnittee is in a position to confirm that interrogation procedures oontinue to be accornpanied by violence and that conditions of detention in general remain extremely poor. The Special Cornrnittee has not.ed a statement nade by the Israeli Prison Service Commissioner, Mr. H. Levi, upon his retirement,, where this is confirmed (see para. 334 above). The special Oornnittee reiterates its view that interrogation procedures and prison conditions must undergo drastic revision. In this context, articles 6A I7/ and 76 &/ of the fourth @neva oonvention continue to be violated

y/ ArticLe 64 states: n*te penal laws of the occupied territory sha1l remain in force, with the exception that they may be repealed or suspended by the Occupying power in cases where they constitute a threat to its security or an obstacle to the application of the present Convention. Subject to the latter consideration and to the necessity for ensuring the effective administration of justice the tribunals of the occupied territory shall continue to function in respect of all offences covered by the said laws.

"The occupying Power may, however, subject the population of the occupied territory to provisions which are essential to enable the occupying power to fulfil its obligations under the present Convention, to maintai.t tf,e orderly goverrunent of the territoryr and to ensure the security of the Occupying Povterr of the members and property of the occupying forces or adrninistration, and likewise of the establishments and lines of communication used by them. " g/ Article 76 states3 nProtected persons accused of offences shall be detained in the occupied c9u!!ry, and if convicted they shall serve their sentences therein. They shall, if possibl-e, be separated from other detainees and shalr enjoy oonditions of food and hygiene which wiII be sufficient to keep then in good /57e ^/36English Page 1I2

(c) 39g. The examples given in the list of incidents reproduced in section IV C 2 reflect the day-to-day reality prevailing in the occupied territories' It is clear from this list, which is based on sourcel which have not been contradicted, that the population of the occupied territories is subjected to a continued nilitary rule accompanied by grave breaches of the fourth Geneva Convention that can only bring about a further deterioration in the human rights situation of the trnpulation' 146 of the fourth Geneva Convention provides for the enactment 399. Indeed, article of of tegislation to imtrnse penal sanctions on Persons committing grave breaches

(continued)

health, and which will be at least equal to those obtaining in prisons in the occuPied country. ,'They shall receive the nedical attention required by their state of health. which ',They shall also have the right to receive any spiritual assistance they rnaY reguire. .Iatromen shall be confined in separate quarters and shall be under the direct suPervision of women. .proper regard shall be paid to the special treatment due to minors.

,,Protected persons who are detained shall have the right to be visited by delegates of the protecting power and of the International Committee of the Red cross, in accordance with the provisions of Article 143. ,,Such persons shall have the right to receive at least one relief parcel monthlY.I' A/36/579 English Page 113 the Oonvention. 19/ Article 147 defines acts which are declared to be grave breaches of the Convention. 20/

C. Judicial remedies 400. The reports quoted in section M and C 3 concern the remedies resorted to by the civilian population to obtain redress against measures affecting the person (sect. Iv B and C 3 (a) ) and remedies resorted to against neasures affecting property (sect. IV B and C 3 (b) ). The Special Oonunittee considered this aspect in

A_/ Article 146 states: "The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons coltuttitting, or ordering to be committedr iny of the grave breaches of the present convention defined in the following Article. rrEach High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be conunitted, such grave breachesr and shall bring such persons, regardless of their nationality, before its own courts. It may a1so, if it prefersl and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.

"Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present @nvention other than the grave breaches defined in the folLowing Article. "In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less fa'rourable than those provided by articJ-e 105 and those following of the @neva @nvention relative to the Treatment of Prisoners of War of August L2, L949." U/ Article 147 states: "Grave breaches to which the preceding Article relates shalL be those involving any of the following acts, if committed against persons or property protected by the present @nvention: wilful killing' torture or inhuman treatmentr including biotogical experiments, wiLfully causing great suffering or serious injury to body or heatth, unlawful delnrtation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile Power, or wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly. tl A/35/s79 English Page 114 its last report in some depthl it found in its last report that there lrere no judicial remedies available to the civilian population other than a residual possibility of making an application to the High Court of Justice of Israel. fn the period covered by the present retrnrt, it became apparent that even this residual possibility was meaningless to the civilian population, mainly because of conscious efforts by the Government of fsrael to circumvent the judicial authorities. The information before the Special Committee shows that the High @urt of Justice found in favour in only one case (January 1981) whereas nine applications (during the period covered by the report) were rejected on the nerits (see paras.340t 3431 346,354,355r 3621 3821 384 and 388 above). However, several orders nisi were granted (9 against I rejected) (see paras. 344r 3521 359, 372, 380 and 389 above) and temporary injunctions (13 against 1 rejected) (see paras. 34L, 356' 359, 360, 363, 364, 377, 379, 385, 386' 387 and 389 above). The Special @mmittee took note of the establishment of a "Military Appeals Ebard" to whom persons alleging illegal expropriation of their property on the grounds of such property being declared rrstate land" could appeal within 21 days of the receipt of an order of expropriation. fn fact, the Special Comnittee has noted that this Board has no meaningful role in protecting the civilians in the occupied territories; it appears to be intended rather to ensure a more rapid means of taking over Palestinian land by an organism which is totally dependent on the military authorities. The Special Cornmittee, in its last report, concluded that the occupying authorities have in fact changed the law governing the occupied territories in virtually every field and substituted for it a legal rdgime based on Israeli lines. This form of creeping legal annexation continues to manifest itself inter a1ia, by extension of the competence of the Miliary Appeals Board to objections against orders of expropriation of land declared rrstate land" by the authorities. 401. In the view of the Special Corunittee, the foregoing reflects a situation in which the civilian population of the occupied territories are denied even their most basic rights. llhe situation is such that the threat to international peace and security due to the policy followed by the Government of Israel in this area is more serious than ever. lthe duty upon the international community to intervene by all means at its disposal has become rnore manifest than ever. The policies and practices followed by the @vernment of fsrael in the occupied territories as amply illustrated in this report need to be checked. In particular, pursuit of the rrhomeland" policy by the @vernment of Israe1 in the occupied territories has to be curtailed. This policy not only denies the right to self-determination of the population of Lhe occupied territories but also constitutes the source of a continuing and systematic violation of human right,s. The Special Conunitteer in each of its earlier reports has recormended the establishment of a mechanism that A/36/s79 English Page 115 would act as a nroderating influence in these circumstances. 2!/ rn this manner, the continuing deterioration of the human rights situation in tfre occupied territories which the special oonmittee has witnessed in the period covered by the report may be remedied and the long-term policy of annexation reversed.

VI. ADOPTION OF THE REPORT

402. The present re6nrt was approved and signed by the Special Conmittee on 4 September 1981 in accordance with rule 20 of its rules of procedure.

(Signed) O. GOUNDIAIVI (Senegat)

I. B. FONSEKA (Sri lanka)

B. MEHOLJIC (Yugoslavia)

4./ The Special Committee, in each of its reports, has recommended:

" (a) That the States whose territory is occupied by fsrael appoint inunediately either a neutral state or states, or an international organization which offers all guarantees of inpartiality and effectiveness, to safeguard the hurnan rights of the population of the occupied territories; " (b) Ttrat suitable arrangements be made for the proper representation of the interests of the large population in the occupied territories which has not yet been given the opportunity of exercising the right of self-determinationi and

" (c) That a neutral State or international organization, as

under this arrangement, the state or states or international organization so nominated night be authorized to undertake the following activities; " (a) Iro secure the scrupulous implenentation of the provisions relating to human rights contained in the ceneva @nvention relative to the Treatment of Prisoners of war, of 12 August Lg4g, and the Geneva convention relative to the Protection of Civilian Persons in Time of War , of L2 August Lg4g, and in particular to investigate and determine the facts in the case of allegations of the violation of the human rights provisions of these conventions or of other applicable international instruments; " (b) To ensure that the population of the occupied territories is treated in accordance with the applicable law;

" (c) lto report to the States concerned and to the General Assembly of the United Nations on its work.,, N#1,79 bgrlsb ANNEX I luner I hge 1 ffi,;',1'svntel t i \. IARAB LEBANON t ltrri$dot l. L*,'.- l- - -_ !'".#! ".nBP'i1 '*'*a*. Jira,ida'ffi'jH ,t f"

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