Forced Population Transfer The Displacement of in the Israeli Policies

BADIL بديــل المركز الفلسطيني Resource Center لمصـادر حقـوق المواطنـة والالجئـيـن for Palestinian Residency & Rights

a Brochure issued by BADIL Resource Center, March 2014

About this brochure / Disclaimer: This brochure sheds the light on the Israeli policies that aim to and/or lead to the displacement of Palestinians. The information and recommendations outlined here are aim to elaborate the most important aspects of these policies.

Palestinian refugee children in CyperCity in , March 2013 (photo by UNRWA) Forced Population Transfer: Displacement and Colonization ......

What is Forced Population the colonizing state to live in Palestinians; the confiscation of Transfer? the targeted territory. their lands, or prohibiting them of using or benefiting from their When a state, an occupying The most important phases lands and natural resources; power, or any other agency that of direct forced transfer the demolition of their homes; is associated with it, carries of Palestinians: enforcing impediments on out actions or procedures that construction - denying growth aim to, or lead to, a change in The displacement of more than and development; imposition the demographic composition 750,000 Palestinians during an arbitrary system of permits; of a given territory under its the Nakba (1947-1949); their closures and others. authority. number today is 5.8 million Between 1967 to end of 2013, Forced population transfer . Estimates show that these could be a result of the The displacement of more than policies led to the internal interference of the state in a way 400,000 Palestinians during the displacement of more than that leads to the displacement 1967 War; their number today is 160,000 Palestinians within of the indigenous population, more than one million refugees. the 1967 occupied Palestinian or through the implantation The displacement of almost territory. of civilian of that 40,000 Palestinians within Manifestation of state in the territory under its the (within ) Colonization: authority. during and after the Nakba; their The Israeli policies manifest number today is approximately Construction of Colonies both dimensions of population 360,000 internally displaced (settlements): Israel transfer: (1) the displacement persons. established 236 colonies inside of the indigenous Palestinian Causes of displacement: the 1967 occupied Palestinian population, and (2) the Displacement could be a result territory: 12 colonies in the city implantation of Jewish-Israeli of unbearable living conditions of ; 224 colonies in settlers in their place. created by the occupying power the (including so- Displacement is considered and which lead the population called outposts). to be forced when population to leave the given territory to The implantation of is made, by force, to leave look for normal, safety, security colonizers (settlers): the an area, and/or by creating and development elsewhere. number of Israeli colonizers in circumstances that make their Israeli policies that the 1967 occupied Palestinian lives in that area impossible. lead to displacement of territory has doubled since Colonization, however, is Palestinians include: 2000, reaching today 650,000. ultimately achieved through institutionalized racial They control 70 per cent of the encouraging the population of discrimination against the total territory. Forced Population Transfer: Displacement and Colonization ......

Forced Population Transfer is a “The transfer, directly or Forced Population indirectly, by the Occupying Transfer is a Forced Population Transfer is Power of parts of its own Crime Against Humanity a grave breach of the Geneva civilian population into the Conventions, and might even territory it occupies, or the “ or forcible transfer constitute an international crime: deportation or transfer of all of population” means forced “Grave breaches […] shall be those or parts of the population of displacement of the persons involving any of the following the occupied territory within concerned by expulsion or acts, if committed against or outside this territory” other coercive acts from the persons or protected (Article 8 of the Rome Statute of area in which they are lawfully ). by the present Convention: the International Criminal Court present, without grounds […] unlawful deportation or permitted under international transfer…” (Article 147 of the fourth law” (Article 7 of the Rome Statute of Geneva Convention Relative to the the International Criminal Court). protection of civilian persons in Time of War). “The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies” (Article 49 of the relative to the Protection of Civilian Persons in Time of War). And: “Individual or mass forcible transfers, as well as of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless The Ongoing Displacement of Palestinians refers to the Israeli policies that of their motive” (Article 49 of the continue to transfer Palestinians. Chief among those is the denial of the fourth Geneva Convention relative to the to Palestinian refugees and internally displaced persons, the Protection of Civilian Persons in Time of ongoing confiscation of lands and/or the restriction on the use thereof, home War). demolition, restriction on construction and development, imposition of And: permit regime, closures and blockade, and institutionalized discrimination.

House Demolition in , Jerusalem, November 2013 (photo by Omar Awwad) Land Confiscation ......

What is the area of the colonies in the 1967 occupied • 43.5 percent for Jewish colonial confiscated Palestinian land? Palestinian territory; expansion; Today, Israel controls more than • The construction of the • 41 percent designated as 85 per cent of Mandate Palestine. Annexation Wall. 85 per cent “green areas” run by the state. This means that out of 94% of the Annexation Wall is Building in these areas is originally owned by Palestinians built, or planned to be built, either prohibited or extremely in 1917, today less than 15 per on Palestinian land that restricted; was occupied in 1967. The cent of the lands on the sides of • 3.4 per cent of the lands of Annexation Wall effectively the Green Line are owned and/or are allocated annexed almost 10 per cent of accessed by Palestinians. for roads and Israeli security the West Bank area so far; Today, only 3.5 per cent of purposes. the land in Israel is owned by • The construction of by-pass Palestinian citizens of Israel, and Israeli-only roads for the What are the methods of despite the fact they make 20 per colonies; taking over Palestinian lands? cent of the population of Israel. • Imposing security and buffer Israel employs various methods Today, , which constitutes zones: these are areas that to take over Palestinian lands more than 60 per cent of the 1967 separate the colonies from the (confiscation, annexation, or occupied West Bank, is under Palestinian surroundings. The prohibition and restriction on Israeli authority, and functions designation of different types use). These methods include as a development and expansion of security zones dissects the declaring a land as “state land”, reserve for Israeli colonies. Palestinian geographic and a military area, a firing zone or a demographic continuity; Today, Jerusalemite Palestinians closed area for security reasons; own a mere 12.1 per cent of • The allocation of reserves (green green or archaeological area the city, although they make zones, archaeological sites, or where building is prohibited; up almost 40 per cent of the public areas) in practice is a public space (roads, yards and population of the city. way to reserve areas for future parks); land owned by absentees colonial expansion; (Palestinian refugees) which What are the goals of land • Taking over Palestinian natural in this case is put under the confiscation? resources, particularly water, custody of the state; or land • Concentrating Palestinian and exclusively allocating them that is claimed to being owned communities and restricting for Israeli- Jewish use. by Jewish-Israeli individuals or their growth; para-statal institutions like the Israel allocated land that was Jewish Agency or the Jewish • Establishment and expansion confiscated in Jerusalem (more National Fund (JNF). of Israeli colonies: there are 236 than 87 per cent) as follows: Land Confiscation ......

KarmiZur Colony expand on the expense of Beit Ommar land, Hebron, April 2013 (photo by ISM) Prohibition on the right to use land ......

Israel employed different policies enjoyment of the property use, cent of the West Bank lands will aiming to control the maximum like the right to pass/reach to the be effectively annexed, besieging area of land with the minimum property, living in it, building on the population in an area less number of people on it. Land it, and farming it. than 12 per cent of its British confiscation and annexation Mandate area. The right to invest means that are the most effective tools in the owner has the right to get achieving this goal, based on the benefit from products of Closed Military Areas British Mandate Emergency the property, like harvest, rent Regulations, Israeli legislation, According to Military Order or even moral benefit that may and military orders. For number 1651, a military result from allocating all or part example, a land can be declared commander has the power to close a ‘state land’, or ‘without owners of the property for public use. a given area for security reasons – owned by absentees’ and so (military training for example). forth. What are the Israel employs this military order arbitrarily and in violation to Where land cannot directly be manifestations of Israeli international humanitarian law. confiscated or annexed, Israel prohibition on the right By utilizing this military order employs a tactic of prohibition to use land alone, Palestinians have been or restriction on the rights to use ? prohibited from using 18 per the land, which leads to de facto cent of the area of the West Bank confiscation: this is so because The Annexation Wall the land stays officially under (mainly in south Hebron Hills According to the declared plans, and the Jordan Valley). Palestinian , but the 85 per cent of the Annexation owners are denied the right to Wall will pass through the West use it. Seam Zone Bank. The Seam Zone is made of 1967 267,000 Palestinian have been occupied Palestinian land that is What is meant by separated from the rest of the located between the Green Line prohibition/restriction on Palestinian society as a direct and the Annexation Wall. Israel the right to use land result of the construction of the ? declared them as ‘closed military Wall. The right to use includes two areas’. 23,000 Palestinians who interrelated rights: the right to No less than 50 per cent of the live in these areas are required to access and the right to invest West Bank agricultural lands has obtain Israeli permits to continue land. been denied or restricted because to live there! of the Wall. The right to access means that More than 150 Palestinian the owner has the right for direct Upon completion, almost 50 per communities have been affected Prohibition on the right to use land ......

by the construction of the Annexation Wall. Palestinian land owners in the Seam Zone are required to obtain special permits from Israel to access their lands. The conditions for getting permits are extremely difficult to meet, thus effectively hindering of farming. 80 gates are scattered along the course of the Annexation Wall. Palestinian farmers are not allowed to cross the gates but in specific times.

Buffer Zones Buffer Zones in the : is a strip of Palestinian land and sea surrounding the Gaza Strip, and which is imposed by force by Israel. Palestinians are not allowed to use this area for farming, fishing nor even transportation. Land Buffer Zone: The land strip stretches along the northern and eastern borders of the Gaza Strip with Israel, ranging in width between 300 and 1,500 meters, swallowing by that 17 per cent of the Gaza Strip area. Naval Buffer Zone: extends for 20 miles along the central areas of the Gaza Strip coast,

(Palestinians farmers don’t have full access to their land West Bank، 2012 (al-Hayiat newspaper Prohibition on the right to use land ......

and is 3 nautical miles wide. Parks 2010, and 6 new archaeological Palestinians are strictly According to Military Order sites were declared in the 1967 prohibited from sailing in a 1.5 363 (Amendment No. 89) the occupied Palestinian territory. nautical mile strip in both the military commander has the Effectively, Israel takes over northern and southern edges of power to declare an area as a these lands from their Palestinian the Gaza Strip coast. park, which would be managed owners, prohibits them from by the Israel Nature and Parks accessing their Natural Reserves Authority. Like Natural while granting access to Jewish colonizers, as it is the case in According to Israeli military Reserves, there are no criteria for designating parks. By utilizing the village of Susiya, south of orders, a military commander this military order, Israel Hebron. has the power to declare an takes over Palestinian lands area as a natural reserve. These for the construction of roads, Ring of Colonies orders do not only define the development of infrastructure criteria or characteristics of This refers to Palestinian- for the park, and charging for the natural reserve, but this owned lands that are adjacent entry. Since 1967, Israel declared is left to the discretion of the to Israeli colonies that have 18 parks inside the 1967 occupied military administration. This not been confiscated, but their Palestinian territory. has been an effective tool for owners are not allowed to access taking over Palestinian lands them without special permits through prohibiting them from Archaeological Sites issued by the Israeli Military construction and development. According to military orders and Administration. Such permits are The notion of harming a natural Israeli laws, all archaeological rarely issued. reserve has been expanded to sites, whether discovered include residing, grazing or before or after issuing the laws, picking anything from that area. should be administered by the Since 1967, Israel declared 114 Israel Antiquities Authority, natural reserves in the 1967 which has the power to confiscate occupied Palestinian territory, a certain area or prohibit its use, in an area more than 350,000 for the purpose of research, dunams – which amounts for 6 excavation or protection of historic heritage. per cent of the area of the West Bank. These notions were expanded in Prohibition on the right to use land ......

( photo of a block of settlements in the West Bank، 2010 (ActiveStills Restrictions on Construction ......

How are restrictions on planning and zoning process on (in fact it is the Israeli Military Palestinian construction their own areas, the imposing Administration), which was of Israeli master plans on them, established in 1981. After signing integrated in the Israeli and the discriminatory permits the Oslo Accords, these powers legislation? regime that controls all aspects of were transferred to the Palestinian The regime of granting permits Palestinian life in the present and National Authority in Areas A for construction or renovation, in the future, according to Israeli and B. The largest area (Area for residence, industry or interests. C) remained under full Israeli agriculture is another mechanism security and civil jurisdiction, for the ongoing displacement What is the relationship and Israel keeps the authority of Palestinians. It complements between administrative other tools of displacement, and - for planning and development it is carried out through planning military categorizations of to itself. Israel allocates only 1 per cent of Area C for Palestinian and building permits. land to building permits? development and building. According to the Oslo Accords, What is meant by the the 1967 occupied West Bank was Israeli material and divided into three areas: A (18 What are the conditions for administrative limitations per cent), B (22 per cent), and C getting building permits? (60 per cent). Only in Area A the that are imposed on Proof of ownership, or legal Palestinian National Authority possession of the land, according planning and building? has full civil and security to the Israeli-imposed criteria, In order to restrict Palestinians authority (but not sovereignty), through submitting documents in separate and constrained including the power to plan and of , sale, receipts, communities while spreading issuing licenses for building. maps, or any other relevant colonizers on the widest possible document; area, Israel impose a series of How is Palestinian material limitations, or barriers, • The pre-existence of public on Palestinians. These include development blocked in infrastructure (water and the colonies themselves, buffer Area ‘C’? sewage system and electricity lines) in connection with zones, the Annexation Wall and Before signing the Oslo Accords, the property; (installment Israeli-Jewish-only bypass roads. Israel delegated the powers of of public services is the In addition to the physical planning and development in the responsibility of Israel in barriers, legal obstacles include 1967 occupied Palestinian territory Area C and Jerusalem which excluding Palestinians from the to the “Civil Administration” constitutes a severe form of Restrictions on Construction ......

discriminatory policies of and are subject to constant Only 9 per cent of the 1967 Israel) modifications according to occupied East Jerusalem • That the planned property the Israeli needs). is allocated for Palestinian exist in a surveyed area (by construction, most of which is providing a topographic What is the impact of already inhabited. The Israeli map); Israeli restrictions on conditions for receiving a building permit are extremely • Paying the high fees for the construction? difficult to meet. license; Only 1 per cent of Area C (which • That the planned property is under full Israeli control and On average, Israel denies more does not clash with Israeli constitutes more than 60 per cent the 94 per cent of Palestinian plans (which are laid out of the West Bank) is allocated for building permits applications. without the participation Palestinian construction, and is of Palestinians, most often conditioned to Israeli almost- they are inaccessible to them, impossible to meet requirements.

Silwan village in Jerusalem, February 2013 (photo by SWS Campaign) Home Demolitions ......

What is meant by the human 23 per cent of the homes or attempted to commit, or right for adequate housing? demolished by Israel are claimed abetted the commission of, or not have been properly licensed. been accessories after the fact of , in particular Most of these cases are in the commission of, any offence International Human Rights Jerusalem and in Area C. against the Regulations involving Law, guarantees the security of violence or intimidation or any Military demolitions: civilians under occupation (by Military Court offence” protecting the right for housing in more than 70 per cent of the order to prevent displacement or demolitions of Palestinian And according to Article 125 of arbitrary expulsion). The human homes by Israel were carried out these Regulations, “A Military right for adequate housing comes during military operations, or Commander may by order to protect other, related, rights, for the purpose of clearing areas declare any area or place to be a like the right to establish a family, for military training, as it is the closed area for the purposes of have a family life and ensure case with Palestinian Bedouin these Regulations”. family unity. communities. According to the 2006 Israeli Army Field Manual/instructions, What are the Israeli excuses What are the Israeli which includes the rules and for home demolitions? justifications for home regulations for soldiers conduct during military missions, there • Building without proper Israeli demolitions ? is no problem in demolishing permit, or contradictory to According to Article 119 of the 1945 a construction if the enemy is permission specifications; Defence (Emergency) Regulations hiding in it, or if it is suspected • Building in the buffer zone in (enforced by British Mandate), that the enemy is using it as a Gaza Strip; “A Military Commander may by hiding place”. • Building in the Seam Zone; order direct the forfeiture to the • Building in a military area; Government of Palestine of any The impact of home • Building in a green area, park house, structure, or land from or natural reserve. which he has reason to suspect demolitions: the any firearm has been illegally • 536 Palestinian villages and What are the types of discharged, or any bomb, grenade towns were destroyed between home demolitions? or explosive or incendiary article 1947 and 1949, and their populations where expelled, Punitive demolitions: 6 per illegally thrown, or of any house, either in full or in part; cent of the homes demolished by structure or land situated in any • More than 27,000 Palestinian Israel belong to Palestinians who area, town, village, quarter or structures were destroyed by resisted the occupation; street the inhabitants or some of the inhabitants of which he Israel between 1967 and the Administrative demolitions: is satisfied have committed, end of 2012. Home Demolitions ......

• 11,000 Palestinian housing units were demolished in Gaza Strip between 2000 and the end of 2008 as a result of military operations; • No less than 3,600 homes were destroyed, either completely or partly, during the Israeli into Gaza Strip: Operation Cast Lead (2008- 2009) and Operation Pillar of Defense (2012).

House Demolition in Jerusalem, 2010 (activestills) Recommendations ......

Recommendations to the international community and civil society

• Study and address the root causes of the ongoing forcible displacement of Palestinians by Israel. After 66 years of a protracted Nakba, civil society and influencers continue to bear the duty of promoting awareness of and effective responses to Israel’s system of occupation, and colonialism that prevents Palestinian self-determination and constitutes the root cause of Israel’s policy of population transfer; • Develop mechanisms and take effective measures to bring Israel into compliance

Planting Hundreds of olive trees in the lands under the threat of confisction, al-Walaja, March 2013 (photo by BADIL) Recommendations ......

with international as medium and long- including those in law. Responsibility term needs; with protection and accountability for • Lobby governments they are need to injuries, loss of life to cease diplomatic, in accordance and property should military and economic to international be pursued through support of and standards, conducting investigations, cooperation with the awareness raising ensuring reparations state of Israel; campaigns in face of and prosecuting • Develop solidarity Israeli those guilty of movement approach and violations; serious international by institutionalizing • Ensure reparation human rights and and regulating and remedies for humanitarian law solidarity with Palestinian victims, violations; Palestinians/ through practical • Improve response Palestine, supporting measures to facilitate mechanisms in the comprehensive housing and occupied Palestinian human-rights based property restitution territory by focusing solution ensuring and compensation efforts not only on the fundamental by Israel. short-term emergency rights of Palestinians aid, but also on (self-determination, preventing forced return and equality), displacement through lobbying governments filling protection gaps to provide Palestinians The UN Special Rapporteur on Adequate Housing has noted that “in very different legal and geographical contexts, from Galilee and the Negev to the West Bank, she received multiple similar complaints from Palestinians, notably concerning a lack of or discriminatory planning, which seriously hampers the urban and rural development of these communities. As a consequence, a disproportionate number of members of such communities live and sometimes work in structures that are unauthorized or illegal and liable to and demolition.” (UN Special Rapporteur on Adequate Housing, Report: Country visit - Israel and OPT, 2012, § 96 – 99).

Planting Hundreds of olive trees in the lands under the threat of confisction, Beit Jaja, March 2012 (photo by BADIL)