REPORT ON IN THE OCCUPIED TERRITORIES

A Bimonthly Publication of the Foundation for Middle East Peac e Volum e 19 N umber 3 May-June 2009

SETTLEMENT FREEZE REDUX*

By Geoffrey Aronson settlements, the idea still has merit. “If there is procrastination by But achieving the goal of peace and Israel’s ever-expanding network on the two-state solution or there is no security for both Israelis and Pale- of civilian settlements in the occu - stinians requires a strategy rooted pied territories is viewed by its par - clear American vision for how this is in historical experience and the tisans and opponents alike as the going to play out in 2009, then all the vital requirements of both peoples. most significant obstacle to the tremendous credibility that Obama has A settlement freeze falls short of creation of a viable, sovereign Pale- worldwide and in this region will evap - this standard. Settlement evacua - stinian state. Palestinian Authority orate overnight if nothing comes out in tion, not a freeze, is a more credi - chairman Mahmoud Abbas is con - May.” ble and necessary objective, more ditioning a renewal of discussions closely attuned to the essential King Abdullah of Jordan, with Israel on an Israeli commit - long-term interests of both parties The Times , May 11, 2009 ment to freeze all settlement, echo - and firmly rooted in past Israeli ing a demand originally made in practice, most recently in Gaza. 1992 during the pre-Oslo Wash- Placing a freeze at the center of a ington talks. U.S. diplomacy. More often than not, U.S. diplomatic effort that calls for con - “We consider settlements to be a attempts to establish a freeze resulted in fidence-building measures from all par - central issue,” explained Palestinian del - U.S. support for settlement expansion, ties invites failure, and risks eroding the egation leader Haidar Abdel Shafi in a most notably the Clinton administra - credibility of a much-anticipated U.S. January 1992 memorandum, “and if tion’s endorsement of the “natural effort to end the conflict. The only con - there is no cessation of the settlement growth” of settlements. text in which a freeze could be imple - process, that practically means there is Settlements must be evacuated as mented is as a consequence of an Israeli no peace process.” part of a final status plan that establish - decision to remove settlements and the An Israeli commitment to a settle - es Palestinian sovereignty and enhances Israeli army from occupied territory. ment moratorium is viewed by propo - Israeli security, but to do so will require The history of the last 40 years suggests nents as a necessary demonstration of a degree of commitment—not to a that if Israel makes such a momentous good faith toward a diplomatic process freeze in settlements but to their decision, freezing settlements becomes leading to an end to occupation and the removal—that neither Israel nor the moot. creation of secure and recognized international community has yet been A Settlement Freeze Is Far More boundaries for two states—Israel and able or willing to muster. than a Confidence-Building Measure Palestine. Yet, for more than three The administration of President decades, on again off again promotion Barack Obama is considering resurrect - A cessation of settlement requires of a settlement freeze by the U.S. has ing the freeze idea as a key element of Israel to repudiate the linkage between failed to slow settlement expansion, its policy. Israeli prime minister Benja- settlement, security, and sovereignty that thereby undermining the credibility of min Netanyahu has signaled his opposi - is at the heart of its defense and settle - tion, noting that, “if Israelis cannot ment doctrine in the occupied territo - *Portions of this article first appeared in “The build houses in the , Pale- ries. Neither Israelis or Palestinians see Israeli-Palestinian Roadmap: What a Settlement stinians do not need to build either.” an Israeli implementation of a freeze as Freeze Means and Why it Matters,” International U.S. officials believe that despite the Crisis Group, Middle East Report N°16, July 25, 2003. failure of all previous attempts to freeze SETTLEMENT , continued on page 6 TO OUR READERS FOUNDATION FOR MIDDLE EAST PEACE There are clear signs that President American-Israeli alliance and the U.S. Barack Obama and his team are creating a commitment to Israel’s security should be Merle Thorpe, Jr. new “made in America” policy toward the used to help Israel and Palestine overcome Founder Israeli-Palestinian conflict. The shape of their dysfunctional politics and make peace, (1917–1994) the new policy is yet to emerge, but it will not as a blank check for any Israeli policy. give greater weight to U.S. national security Today, Israel’s character and security as a Philip C. Wilcox, Jr. interests and be less deferential to the needs Jewish and democratic state, as well as its President of the Israeli government. A new peace ini - traditional alliance with the United States, Geoffrey Aronson tiative is most likely to succeed if it offers are threatened in the long run by Israel’s Director, Research and a broad new American vision of peace continuing policy of occupation and settle - Publications, Editor, Report on between Israel and Palestine and in the rest ment of Palestinian territory. The United Israeli Settlement in the Occupied of the region. It should focus on the end- States, as Israel’s closest friend, should Territories game of two states that meets the interde - explain these painful realities. Alliances Nitzan Goldberger pendent needs of security for Israel and endure over time only if the interests of the Waseem Mardini freedom for Palestine. It should include partners are mutual. The “shared values” Editorial Assistants specific recommendations for resolving the that underlie the U.S.-Israeli alliance will hard issues of settlements, borders, Jerusa- become a hollow phrase if Israel cannot Morgan Aronson Intern lem, refugees, and security. untangle itself from its forty-two-year Such a new policy will require a more adventure in occupation and settlement. TRUSTEES honest relationship between Israel and the United States to replace the comfortable Landrum R. Bolling evasions and avoidance of tough decisions Calvin H. Cobb, Jr. used in the past to avoid tensions. The James J. Cromwell Peter Gubser N —————— —————— Stephen Hartwell Richard S.T. Marsh Richard W. Murphy A military court has ruled in favor of a settler from who12 Jean C. Newsom years ago, with the encouragement of the local council, took control of a Gail Pressberg plot of land owned by a Palestinian. Over the years, he planted a few trees William B. Quandt and held classes at the site, which is outside the settlement. In 2007, the set - Nicholas A. Veliotes tler fenced in the area and planted it more intensively. Palestinians from the nearby village of Qaddum opposed the land grab, The Foundation, a non- arguing that they had planted the area for many years until being denied profit I.R.C. 501(c)(3) access to it. organization, supports peace The civil administration responded to their complaint by issuing an and security for Israelis and evacuation order against the settler based on the recommendation of the Palestinians through mutual recognition and a negotiated Sasson report, which Prime Minister had commissioned to division of historic Pales- examine outposts. The report’s findings resulted in a 2007 order forbidding tine. It publishes the bi- cultivation of private Palestinian property by West Bank settlers. (On the monthly Report on Israeli Sasson report, see Settlement Report , March–April 2005.) Settlement in the Occupied Territories . Citing Ottoman law, however, the military court ruled that if the settler Copyright © 2009 had cultivated the land for at least three years before the civil administra - tion issued its order, he could not be removed. The court also criticized the Sign up to receive the original order from the civil administration because it applied only to Jews. Report by e-mail, to be The ruling makes it easier for settlers to claim rights over private notified of events in Washington, D.C., and Palestinian land. more. Visit us at Ha’aretz , April 3, 2009 www.fmep.org.

2 O Report on Israeli Settlement May-June 2009 FROM MITCHELL TO ANNAPOLIS AND BEYOND: THOUGHTS ON THE AMERICAN ROLE IN PALESTINIAN-ISRAELI PEACEMAKING The following are excerpts from remarks of Frederic C. Hof, chief government. . . . I am painfully aware that Hamas has a vote of staff of the Mitchell Committee and currently a deputy to in this matter and it may choose for reasons of its own to fol - George Mitchell, special envoy for Middle East Peace, at The low a course designed to torpedo negotiations, defeat Fatah Palestine Center of the Fund, on March 20, 2008. and prolong the agony. What then is to be done? . . . What I believe as an American is that we must act as My personal belief is that a determined, disciplined if the two state option is alive until it becomes crystal clear American effort to help implement the [Mitchell] fact-find - that it is dead. To bring it about, however, we need to involve ing committee recommendations [in 2001] might have ourselves much more seriously and diligently than we have averted a disastrous worsening of the violence and might heretofore. . . . have helped put the parties on the path to renewed negotia - If the administration desires a written agreement to be tions. . . . It would have required banging heads together in produced by [the end of 2008] in spite of ongoing conflict order to produce a tightly choreographed timing and sequenc - and chaos, I think serious consideration should be given to ing scheme: party A will do this by such and such a date and proceeding on the basis of an American text. Yes, this would time; party B will immediately do this in response, upon mean that the parties would be negotiating with us as well as which party A will do such and such. . . . one another. Yes, this would mean that someone within the Is it possible to explore a negotiated end to violence on the administration would have to organize and direct the drafting Gaza front so long as the U.S. views Hamas entirely and of an American text. Yes, this would mean debate, dissent exclusively through the optic of the and disruption within the adminis- Global War on Terrorism? If we tration over words and even punctu - define Hamas as the reverse side of “Without a comprehensive diplomat - ation. . . . [T]he parameters and the Al Qaeda coin—as part of a ic strategy featuring a central American contours of the eventual two-state global problem involving violent role involving the power and prestige of agreement are already fundamentally forms of political Islam—instead of the presidency, we are choosing a one- known—the problem is getting from seeing it in its Palestinian-Israeli state outcome.” here to there. From the Clinton context, can we be part of the solu - Parameters, to Ayalon-Nusseibeh to tion? . . . If Hamas cannot be beaten Geneva there is no shortage of ideas military at an acceptable price and if there is to be no effort to and language from which to draw. . . . bring it into the Annapolis process, then what is there to do I certainly hope that the next president—Democrat or beyond watching one Annapolis beam drag down the other? Republican—will try something different. Given that it takes Please do not imagine that I assume Hamas wants in. time for an incoming administration to find its “sea legs” on Please do not assume that I presume Hamas can be brought matters of foreign policy, one approach might be to commis - in. Please do not put me down as a fan of Hamas ideology or sion someone with the prestige of a George Mitchell to as an apologist for the deliberate targeting of noncombat - undertake 60 or 90 days of intensive consultations with the ants—it is reprehensible at all times and under all circum - parties and a wide range of experts and produce an agreed text stances. But you may certainly put me down as suggesting that would form the basis of the U.S. government view of that Hamas be removed from the Global War on Terrorism what a sustainable two-state solution would look like. If context and put back where it belongs: in the Palestinian- acceptable to the new president, this text would be the basis Israeli context. of concentrated American mediation starting perhaps this Once we place Hamas in the proper context we can do the time next year. . . . proper diplomatic due diligence to see what might be possi - But make no mistake: without a comprehensive diplomatic ble. We could certainly support those in the Governments of strategy featuring a central American role involving the power Israel and Egypt who support seeking a sustainable cease fire, and prestige of the presidency, we are choosing a one-state even though such a cease fire would inevitably relax the eco - outcome; we are saying “No” to the prospects of a Jewish nomic blockade that has been in place since Hamas neutral - democracy and “No” to the birth of a sovereign Palestinian ized Fatah [in June 2007]. . . . We could explore, perhaps with state. I hope this will not be our choice. I hope that the next Saudi Arabia and Egypt taking the lead, what it would take administration will agree with the conclusion the Bush for Hamas to join the rest of the Arab World in endorsing the administration took nearly seven years to reach: that the influ - Arab Peace Initiative. We could explore with Israel and the ence and prestige of the United States will not be fully Palestinian side whether a Hamas endorsement of this vital restored in the Middle East unless and until this dispute is initiative—combined with a willingness to stop violence and either settled or at least seen by virtually all as being on the respect past agreements—might admit the organization to the irreversible course to settlement. . . . N Annapolis process as part of a restored Palestinian unity

May-June 2009 Report on Israeli Settlement O 3 SETTLEMENT TIME LINE

March 1 Dozens of pigs belonging to lem neighborhood of Silwan throw rocks at Bank, announces its new goal of strengthen - Israeli settlers attack a Palestinian man in al- Israeli officials to protest the recent demoli - ing Jewish identity and spreading the Jewish Hamra. (Ma’an News) tion of two homes in the neighborhood. faith. ( Ma’ariv ) (Yediot Yerushalaim ) March 2 Army Radio reports the new Defense Minister informs the housing minister of the Netanyahu govern - March 7 Ma’an News reports that 88 High Court of Justice that he will not evac - ment will receive plans drafted by the Hous- houses are slated for demolition in the al- uate settlers from nine houses in built ing Ministry to expand settlements in the Bustan neighborhood of Silwan to make on land belonging to the Palestinian village West Bank. Plans include 73,000 housing room for a park. of Ein Yabrud. See entries for June 4, 8, and units, 19,000 of which are east of the separa - 19, 2008, in the Settlement Report , vol. 18, The U.S. government informs the office of tion barrier and more than 3,000 in the E-1 no. 5. ( Ma’ariv ) the Palestinian prime minister that there will area. (Army Radio) be no home demolitions during Secretary Ha’aretz reports on Defense Minister Barak’s Israeli authorities demolish two Palestinian Clinton’s visit to the region. ( al-Quds ) approval of a new settlement in south houses in East Jerusalem, one day before the Mount and the construction of 440 March 9 Israeli authorities issue demoli - arrival of U.S. secretary of state Hillary new housing units for it. Under the plan, tion orders for 20 homes in Nablus. (Ma’an Clinton. ( Ha’aretz ) the settlement outpost of Sansana will be News) authorized and attached to the Eshkolot set - March 3 Israeli security forces demolish an Dozens of disguised settlers, guarded by tlement, despite the two-mile distance animal pen on the Federman farm near Israeli police, break into the al-Aqsa between them. Kiryat Arba. The farm was destroyed mosque. (Ma’an News) months ago on the grounds that it was built Israeli forces open the Qusin-Nablus gate to illegally. The family continues to live nearby. March 10 Israeli authorities issue orders Palestinians after five years of restricted (Amnesty International) confiscating 142 dunams of land in the West access. (Ma’an News) Bank. (al-Ayyam) Demolition orders for 50 Palestinian homes The High Court of Justice authorizes the in Ras Khamis, Jerusalem, are presented on March 13 Citing a lack of building per - confiscation of 30 dunams of Palestinian the same day as Jerusalem mayor Nir Barkat mits, Israeli authorities issue demolition land in the Shu’fat neighborhood of East meets with Secretary Clinton. (Ir Amim) orders for a building housing seven Palestin- Jerusalem to expand a military checkpoint. ian families in the Burj Laqlaq area in (al-Quds ) Ha’aretz reports that seven years after con - Jerusalem’s Old City. ( al-Ayyam ) struction began, delays and budget con - March 24 Israel’s Foreign Ministry straints have resulted in significant gaps in A Jerusalem court freezes demolition orders requests a formal apology from the govern - the separation barrier. issued to dozens of Palestinian houses in ment of Britain for alleging that Israeli East Jerusalem. (Ma’an News) businesses were falsifying addresses in March 4 The Jerusalem municipality issues order to sell products in Europe that were demolition orders for 55 houses in the March 16 Army Radio reports that since produced in West Bank settlements. Shu’fat refugee camp because of permit becoming mayor of Jerusalem, Nir Barkat (Ha’aretz ) issues. Owners are given 72 hours to evacu - has ordered 34 houses demolished and filed ate. ( al-Quds ) more than 100 indictments each month March 25 The Jerusalem municipality demanding more. This is a significant freezes plans to build 250 homes for settlers The al-Aqsa Institution for Palestinian increase in comparison with the actions of in the Palestinian neighborhood of Abu Dis, Property and Heritage reports on Israeli the previous mayor, Uri Lupoliansky. East Jerusalem. ( Ha’aretz ) plans to dig two additional tunnels at the Sharaf Quarter to link it with the Jewish Ma’ariv reports the sale of 11 housing units The High Court of Justice instructs the state Quarter in the Old City of Jerusalem. ( al- in the Tal housing project in the settlement to explain within two months why it is not Quds ) of Har Adar, in January and February. They carrying out demolition orders for nine sold for $2.95 million. The construction buildings in Ofra that were built on private An Israeli settler and three Palestinians are company Dona sold 17 housing units in Palestinian land. The judges criticized the arrested on charges of forging and selling Ma’ale Adumim, Modi’in Ilit, and Ariel in conduct of security officials. (Israel Radio) property documents in Jerusalem. ( al-Ayyam ) February for more than $4.4 million. March 26 Israeli security forces demolish March 5 Israeli authorities issue orders to March 22 Women-in-Green co-founder buildings and homes in the Maoz Esther 20 citizens of the Aqraba village, near Nadia Matar clarifies remarks made during a and Ma’ale Shlomo outposts. (Arutz 7) Nablus, for the demolition of their homes speech in which she called for the death of and agricultural installations. ( al-Ayyam ) March 27 Israeli police arrest six settler PA president Mahmoud Abbas. She explains youths for throwing rocks at Palestinians. The Jerusalem municipality delivers evacua - that her words were not a call for people to The police baited the settlers by sending a tion orders to the owners of two seven-story take the law into their own hands. ( Yediot car with Palestinian license plates into the buildings in Abu Tor. The 650 residents are Aharonot ) Gilad Farm outpost near Kedumim after given 10 days to evacuate. (OCHA) March 23 The Amana organization, which reports of settler violence against Palestin- March 6 Palestinians from the East Jerusa- builds and populates settlements in the West ians near the outpost. (Arutz 7).

4 O Report on Israeli Settlement May-June 2009 SETTLEMENT TIME LINE

March 30 The New York Campaign for Palestinian village of Beit Omar and fire April 23 Israeli forces demolish eight the Boycott of Israel holds a demonstration shots into the air, damaging Palestinian Palestinian houses southwest of Nablus and in front of Motorola offices in New York homes and property. ( Yediot Aharonot ) one Palestinian house in Jabal Mukabber, because they supply equipment to the IDF. Jerusalem. (Ma’an News, Ma’ariv ) Yediot Yerushalaim reports the freezing of a (Ma’ariv ) plan to construct 400 housing units in the April 24 Four Palestinians and two Israelis April 1 Israeli troops begin fencing in the East Jerusalem settlement of Har Homa. are lightly injured in a clash outside the northern side of the West Bank Palestinian Yitzhar settlement in the northern West April 11 The Israeli Interior Ministry village of Azun, effectively separating vil - Bank. ( Ma’ariv ) approves an addition to a building on the lagers from its agricultural lands. (Ma’an northern section of the Western Wall plaza. More than 100 Palestinians and several News) The area will have a police station, the European representatives demonstrate in April 2 Dozens of Israeli settlers, backed Chain of Generations Center, and services Bil’in to protest the death of Bassam by police, forcibly take over a Palestinian for visitors and workers. ( Yediot Aharonot ) Ibrahim Abu Rahma, a Palestinian organizer house in the Old City of Jerusalem. (Ma’an killed on April 17 by Israeli forces during a April 15 The Palestinian Authority (PA) News) protest. Twenty-five Palestinians and 13 condemns Israeli settlers’ attempts to storm Israeli troops are lightly injured. ( Ma’ariv ) Personnel from the Jerusalem municipality the al-Aqsa mosque compound, calling it a issue demolition warnings to several Pale- reflection of the Israeli authorities April 26 The Israeli Defense Ministry, in stinians in the al-Issawiya neighborhood. “Judaization” of Jerusalem. (Ma’an News) response to a court order, offers to return (Ma’an News) 750 out of 2,000 dunams of expropriated Marwan Barghouti, the jailed leader of the land in Bil’in to Palestinians residents. The A boy from the settlement is killed Fateh Tanzim organization, says that Palestinians say the offer is insufficient and and another is seriously injured by an axe- Palestinians should not renew peace negotia - will not be accepted. (Army Radio) wielding Palestinian man. The military wing tions with Israel until it frees thousands of of Islamic Jihad and the Imad Mughniyeh Palestinians prisoners, ends settlement activ - The Israeli Interior Ministry recommends Group claim joint responsibility. ( Ha’aretz ) ity, lifts the blockade on Gaza, and removes that approximately 12,000 dunams, includ - West Bank roadblocks. (Israel Radio) ing the Kedar settlement, be added to Ma’ale April 3 The British embassy in Israel can - Adumim. ( Ha’aretz ) cels plans to relocate to another building April 16 Hatem Abdul Qader, advisor to because of the property owner’s affiliation Prime Minister Fayyad on Jerusalem affairs, April 27 Construction begins on a new with settlement construction. (Associated says that 1,000 Arab dwellings in East East Jerusalem settlement in Talpiot, near Press) Jerusalem are threatened with demolition. Arab al-Suahara. Authorities approved the (al-Ayyam ) plan in 2000. The Israeli internal security minister extends the closure of Palestinian institutions in April 17 Israeli forces open fire on The axe-wielding Palestinian who killed a Jerusalem, including Orient House and the Palestinians throwing Molotov cocktails at 13-year-old settler on April 2 is apprehend - Arab Chamber of Commerce, for another the Bet El settlement, killing a Palestinian ed. ( Mideast Mirror ) six months. ( al-Ayyam ) boy and injuring a Palestinian man. A Palestinian teenager from the village of (OCHA) April 4 Settlers from Hebron riot in the Madama is hospitalized after being shot by a Palestinian neighborhood of Jebel Johar to Thousands of Palestinians from Jerusalem settler near the Bracha settlement. Palestin- protest the IDF’s plan to allow Palestinian gather at the al-Aqsa mosque to frustrate ians claim that the boy was farming when traffic on the road between the Tomb of the entry by Jewish religious groups. Israeli the settler shot him. Settlers assert that the Patriarchs and Kiryat Arba. (Israel Radio) police officers, in charge of preventing the boy had thrown stones toward an Israeli car. Jewish groups from performing religious rit - (Yediot Aharonot ) April 7 Soldiers forcibly evict the family of uals in the mosque compound, were alleged - Husam Taysir Dwayat, who had gone on a Nonviolent demonstrators convince Israeli ly seen praying there themselves. ( al-Ayyam ) rampage in Jerusalem on a bulldozer, from settlers to re-route a road in the village of their home in Jabal Mukabber. (Ma’an An armed Palestinian is shot dead after Umm al-Khayr to avoid the demolition of a News) entering a settlement in the West Bank. Palestinian house. The legality of the road is (Ma’an News, Arutz 7) being adjudicated. (Ma’an News) Palestinian stone-throwers injure a settler driving on a settler-only road north of April 20 Members of the Palestinian April 28 A Palestinian man is sentenced to Ramallah. (Ma’an News) Legislative Council demand an investigation death by a PA military court for selling land into the release of Palestinians accused of to Israeli settlers. (Ma’an News) The Israeli High Court of Justice rejects an selling land to settlers. ( Yediot Aharonot ) April 30 The Israeli civil administration appeal by two Palestinian families who were April 22 Palestinian residents of Na’alin reports that a higher percentage of settler evicted from their homes in Sheikh Jarrah, petition the High Court of Justice to order homes than Palestinian homes are demol - Jerusalem. ( al-Ayyam ) the Modi’in Ilit settlement to demolish a ished for being constructed without permits. April 8 Fifteen armed settlers from the 5.4-acre park it built on land belonging to (Ma’ariv ) West Bank settlement of Bat Ayin enter the Na’alin. ( Yediot Aharonot )

May-June 2009 Report on Israeli Settlement O 5 SETTLEMENT , continued from page 1 well signify a prescription for stalemate rather than an expres - sion of goodwill. a mere confidence-building measure, but as a precursor to set - The Begin-Carter Settlement Freeze tlement evacuation, marking a radical reversal of Israel’s core security, political, and ideological principles. The freeze idea was born at a time when settlement expan - Moreover, a freeze as currently understood does not sion was in its infancy. Israel had occupied the West Bank for address the symbiotic relationship between settlements and hardly a decade, and with the exception of East Jerusalem, security at the heart of Israel’s policy of occupation and settle - settlements claimed only small numbers of inhabitants; most ment. It assumes that settlements can be addressed while had yet to shed an air of impermanence. There were less than ignoring the broader security framework in which they exist. 5,000 Israelis living in less than 30 West Bank settlements. If the Obama administration is committed to ending the con - The settler population in East Jerusalem numbered 50,000. flict, promotion of a freeze is of less consequence than a Administration of all settlement-related activities in the West forthright initiative to create a new security framework that Bank and was largely controlled by the Israel protects legitimate Israeli and Palestinian national security Defense Forces (IDF), and the integration of settlements and interests and that ensures the removal of settlements and an settlers into the routine bureaucratic life of Israel’s civilian Israeli military withdrawal from the occupied territories. ministries was still some years off. In this era, marked by the In order to comply with the requirements of an effective election of Menachem Begin in 1977, there was a legitimate settlement freeze, Israel will have to undo the system by basis to view a cessation of settlement as a confidence-build - which the military establishment, the legislative and executive ing measure. arms of the state, settlers, and public, private, and suprana - In a letter to President Jimmy Carter delivered after the tional communal organizations collaborate in the encourage - September 1977 Camp David summit, Begin offered a three ment and expansion of settlements. Laws empowering indi - month moratorium on establishing new settlements rather viduals and private and public bodies to increase settlement than the longer moratorium preferred by Washington. will need to be reformed, and military orders must be rescind - Restrictions on the expansion of existing settlements had been ed and new ones issued. Major elements of national legisla - dropped at Israel’s insistence. On the face of it, Begin’s agree - tion and administrative practice that have devolved planning ment to halt new settlement creation for even three months and budgetary power to settlements will have to be undone, as was a bold and surprising concession. Yet, and not for the last will the host of decisions taken by representative settlement time, Israel’s commitment to a moratorium did not constrain councils. Powers of taxation, planning, courts, and construc - settlement but rather established categories of expansion tion will require radical revision to reflect the requirements of implicitly endorsed by Washington. The temporary moratori - a freeze as will the complex system of material and budgetary um on new settlements notwithstanding, the Begin govern - incentives granted to individuals and business enterprises to ment continued to “thicken” and “strengthen” settlements, at encourage settlement expansion. times establishing new sites kilometers away from existing The requirements necessary for an effective settlement colonies during the three month period. Carter administration freeze reveal an undertaking so complex and requiring an officials were frustrated by Israel’s actions, but acquiesced. Israeli political decision so profound that no Israeli govern - In contrast to Begin’s agreement to the partial, temporary, ment would undertake except as a result of a broader decision and ineffective restrictions on Israeli settlement actions in the to terminate occupation. West Bank and Gaza—East Jerusalem was excluded implicit - ly—the peace treaty with Egypt signified a strategic Israeli Evacuation, Not a Freeze decision to trade territory for new security mechanisms that It is important to recognize that, as Abdel Shafi warned in required Israel’s evacuation of all settlements in territory 1992, the credibility of the Oslo process was undermined not returned to Egyptian sovereignty. Only in the context of an only by the working assumption of the U.S. and Israel that Israeli decision to withdraw from Egyptian territory was it peace and settlement expansion were compatible. It also suf - possible for Israel, through its complete evacuation of the fered because Israel refused to meet even modest U.S. bench - Sinai Peninsula, to adopt and enforce an effective halt to set - marks regarding settlement expansion and removal of new tlement expansion. Indeed Israeli settlement activity in Sinai settlements, and it received no penalty for its failure do to so. increased in the months before evacuation until the IDF The re-creation of a diplomatic process based in part on an forcibly removed the Sinai settlers. Settlement activity under - Israeli commitment to a freeze would soon be undermined if taken within the strategic context of imminent evacuation Israel failed to comply. Moreover, Israelis may well believe proved to be irrelevant. that a renewed U.S. initiative that centers on a freeze can, like all previous efforts, be exploited to consolidate settlements Settlement Freeze Reborn: The Oslo Years and the occupation rather than progress toward an agreement Baker-Bush I requiring settlement evacuation. Were Israel to engage Wash- ington in negotiations on the parameters of a freeze, it may The emigration of Jews to Israel after the implosion of the

6 O Report on Israeli Settlement May-June 2009 SETTLEMENT , continued from page 6 [President George H.W. Bush] wanted to know what Soviet Union, and the Madrid diplomatic process that fol - Rabin intended to do [about settlements]. Rabin laid the lowed the 1991 American victory in the Gulf War, returned cards on the table. “Mr. President,” he said, “I can put a the issue of a settlement freeze to the U.S.-Israel diplomatic stop to the planned construction of some 7,000 housing agenda. The freeze idea was raised by President George H. units in the West Bank at once, but I cannot stop the W. Bush without success in the context of a U.S. agreement construction of another 10,000 housing units which are to provide loan guarantees to Israel during the 1990–1992 already in various stages of construction. That will cost period. The idea was also prominent among the confidence- me a lot of money.” building measures sought by Palestinians before and after the Bush: “And what about private construction? Not Madrid conference. In neither context was the concept incor - only government’s financed construction is going on porated into subsequent agreements, nor did its appearance as there.” an issue on the negotiating and bilateral Israeli-U.S. agenda Rabin: “I cannot stop the private construction. If pri - prove an effective instrument for formally or informally con - vate people construct, I have nothing to do with that.” straining settlement expansion. Bush: “But so much money is being transferred there, The Bush administration called on Israel to stop construc - what about that?” tion in new or existing settlements with increasing frequency Rabin: “I have no intention whatsoever to starve the after the beginning of Secretary of State James Baker’s diplo - settlements in the territories. We will continue to supply matic initiative in March 1991. Presaging ideas currently them with education, health, religion, and whatever they being considered by the Obama administration, Baker at one need. What I am willing to guarantee is that we will not point suggested that a settlement freeze would be reciprocated expand the settlements beyond those which already by a cessation of the Arab economic boycott of Israel. During exist.” the October 1991 Madrid conference, Baker broadened the Bush: “And what will happen if currently there are proposal to include an end to the Palestinian intifada as well five classes of children in an elementary school and in as U.S. provision of the loan guarantees in return for a tempo - two years time they will advance to a high school and rary settlement freeze. you have to build high school classrooms? Are you call - The Baker offer reflected a lack of American understand - ing this an expansion beyond what already exists or ing of two issues vital to the proposed deal. First, the boycott not?” of Israel, both primary and secondary was, by that time, inef - Rabin: “I mean that I will not expand the settle - fectual. Second, and more important, the offer illustrated ments beyond the natural growth of the settlers already Baker’s failure to comprehend the centrality of the settlement living there today. I will build high school classes.” enterprise to the Shamir government. Bush: “Then I will take that sum out of the total of “Once the government of Israel accepts any kind of freeze,” loan guarantees. According to the agreement I have with explained Shamir aide, Yossi Ben Aharon, “it violates a very the Israeli government, dating from the Likud adminis - basic principle in its policy—the right of Jews to live in any tration, we will cut from the loan guarantees everything part of this land west of the River Jordan.” that Israel invests in the territories.” If Israel were to concede what in effect it considers its Rabin: “If you take of just what we transfer to there, national birthright, it would demand a quid pro quo far more we agree. . . .” substantial than an end to the feeble boycott or even, as the Hadashot , October 29, 1994 Palestinians suggested, an end to the intifada. The offers of such a lopsided bargain—and they weren’t the last ones— invited rejection. Shamir did not take the U.S. proposal to policy of exacting decreasing and largely illusory financial stop settlement seriously. It was, he remarked, “merely the penalties for settlement expansion—associated with the provi - expression of a wish.” sion of $10 billion in loan guarantees—while formally A similar conceptual disconnect is apparent in the road acknowledging, for the first time, Israel’s right to expand set - map. The plan’s sequencing suggests that the major penalty to tlements, according to the undefined requirements of their be paid by Israel for failing to freeze settlements—the ele - “natural growth.” ments of which remain undefined—is to postpone the cre - In the wake of his August 1992 agreement with President ation of a Palestinian state with provisional borders. This is a Bush to expand settlements according to this standard, Rabin “penalty” the current government of Israel would welcome. sought to dispel the impression that the agreement with Washington meant that Israel had imposed a settlement Rabin Builds “freeze.” In the wake of the 1992 election of Yitzhak Rabin, the Bush administration’s demands for a settlement freeze were transformed into a two-tiered and somewhat contradictory SETTLEMENT , continued on page 8

May-June 2009 Report on Israeli Settlement O 7 SETTLEMENT , continued from page 7 West Bank construction has been accelerating for sev - Look, I do not know what you mean when you say settle - eral months, putting Israel on a collision course with a ment freeze, when we are talking of the continued con - U.S. administration taking a hard line on settlement struction of 11,000 units in the territories. . . . Let us keep expansion. things in proportion. I am not happy with the situation, A new outpost, new roads, and other building projects but I found . . . that we cannot practically cancel the con - have raced ahead in and around the settlements, often struction of more than 6,000 to 7,000 housing units that without legal permits, producing the biggest construction were planned before, and for some of which initial ground- drive since 2003, according to Dror Etkes of the Israeli breaking work had begun. The construction of 11,000 advocacy group Yesh Din. . . . units continues, nonetheless. Is this a freeze? Construction in outposts: Between and , west of Ramallah, a stone house and another structure Soon thereafter, the Bush administration proposed legisla - have been built without a permit next to a vineyard set up tion to grant Israel $10 billion in loan guarantees over five by settlers a year and a half ago. The ’ years. Absent was any reference to earlier demands for a ces - civil administration has recently issued an order to stop the sation of settlement. In its stead, the president was empow - project. ered, beginning with the second annual disbursement of guar - Illegal construction has been carried out on Palestinian antees, to impose a dollar-for-dollar penalty “for activities land at the outposts Mitzpeh Ahiya and Adei-Ad, north which the President determines are inconsistent with the of Ramallah. A mobile home has been set in an outpost objectives of this section [resettling immigrants, infrastruc - near Susia south of Hebron. An outpost that was vacated ture, housing, and ‘other purposes’] or understandings reached near Hebron has been reinstated. between the United States Government and the Government Construction east of the separation fence: New houses have of Israel.” As a consequence of this legislation, Israeli expendi - been built in the Eli settlement, Rechelim, Ma’aleh tures for civilian settlement expansion were deducted in pro - Mikmash and Kochav Hashahar north and east of gressively smaller amounts from the loan guarantees made Ramallah. A neighborhood has been built in Na’ale, and available by Washington. there are at least 10 houses in and new houses These sanctions failed to produce a meaningful change in in Talmon (all west of Ramallah) under construction. . . . settlement expansion or to prompt a change in Israeli settle - Defense Minister Ehud Barak recently reached an ment policy. U.S. support for the “natural growth” of settle - agreement with the settlers to evacuate the largest outpost, ments became official policy, further eroding Washington’s Migron, and transfer it to the nearby settlement Adam. long-standing opposition to settlements as an obstacle to But the agreement has yet to be implemented. . . . peace. Loan guarantees were provided, and the mechanism Amos Harel, “Settlement Expansion Seeing Biggest employed to determine Israeli expenditures on settlements Boost Since 2003,” Ha’aretz , May 7, 2009 segregated large parts of Israel’s settlement budget from penalty. The principles established by this process were not mittee (Mitchell Committee) challenged a number of related in any fashion to an effective cessation of settlement assumptions at the heart of Israel’s settlement strategy. By but rather centered on (virtual) financial penalties exacted for establishing a cessation of all settlement activity, including the some settlement-related investments. With the exception of provision for natural growth agreed to by the Clinton admin - the establishment of new settlements, which Rabin opposed istration, as a key element in constructing a viable diplomatic for his own reasons, settlement expansion continued apace. process, Mitchell contested Israel’s power to define the terms Beginning in 1996 the establishment of new settlements— under which diplomacy would be conducted. In a letter to euphemistically known as “outposts”—was renewed. President George W. Bush opposing a settlement freeze and During the rest of the decade the freeze idea became on its linkage to the second Palestinian intifada, Prime Minister various occasions an element of bilateral discussions between Ariel Sharon wrote that it would be impossible to grant to PA Jerusalem and Washington. The U.S. engaged in fruitless dis - chairman Yasser Arafat, as a consequence of violence, a prize cussions with the first Netanyahu government to establish that he failed to receive from any Israeli government during a that there would be “no substantial expansion” of settlements. decade of negotiations. Prime Minister Ehud Barak rebuffed criticism of his expan - The Mitchell recommendations repudiated a key assump - sion efforts, explaining that the imminent conclusion of a tion of the Oslo process—namely, that settlement expansion final status agreement with the Palestinians would resolve the and progress toward peace could proceed in tandem.The com - issue. mission acknowledged a key Palestinian claim that settlement The Mitchell Committee growth undermines the prospects for Palestinian sovereignty. As the Palestinians had long argued, it viewed an effective The settlement freeze and evacuation recommendations settlement freeze as a necessary confidence-building measure made in 2001 by the Sharm el-Sheikh Fact-Finding Com- required from the outset of negotiations, even those conduct -

8 O Report on Israeli Settlement May-June 2009 ed during the interim period before final status talks began. road map, which also called for the evacuation of new settle - Furthermore, the Committee sought to disaggregate Israeli ments created after (but not before) March 2001, now num - security from settlement expansion. Implicit in this sugges - bering around 50. Israel endorsed the road map, including the tion, at odds with Israeli security doctrine, was a challenge to freeze and outpost provisions, noting however, that ‘there will Israel’s ability to unilaterally determine its security require - be no involvement with issues pertaining to the final settle - ments in the occupied territories. Indeed, it suggested that ment. Among issues not to be discussed: settlement in Judea, settlement expansion endangered Israeli security. Samaria and Gaza (excluding a settlement freeze and illegal Mitchell also called upon Israel to consider evacuation of outposts).” some settlements. Within the committee there was minority On May 12, 2003, it was reported that Prime Minister support for the evacuation of all settlements in Gaza. Sharon had rejected a settlement freeze as “impossible” due to Israel deflected Mitchell’s call for a freeze. In a May 15, the need for settlers to build new houses and start families. 2001 official comment on the his report, Sharon noted, Sharon famously challenged Secretary of State Colin Powell, saying, “What do you want, for a pregnant woman to have an [T]he question of the settlements is a matter that, together abortion just because she is a settler?” with, principally, Jerusalem, refugees, and borders, has specifically been agreed by Israel and the Palestinian side as Gaza Evacuation one for treatment in the permanent status negotiations. Sharon’s bold decision in 2004 to “redeploy” from the Gaza There is nothing in the bilateral agreements between the Strip, removing all permanently stationed IDF forces, and two sides that suggests that the question of settlements is evacuating all 7,500 settlers, like the Sinai evacuation 25 years to be regarded as one that could be separated from the oth - earlier, reaffirmed the notion that settlement evacuation rather ers and unrelated to the overall solution of those other than a freeze can be a more effective alternative to occupation. problems. Indeed, the Committee itself noted that the The decision to evacuate Gaza’s 17 settlements was made in issue of settlements is one of the core issues to be negotiat - the context of a new Israeli security paradigm for Gaza. ed between the sides. The outcome of such negotiations, in Sharon believed that Israeli security could be enhanced which each side has legitimate positions and claims, should through withdrawal, redeployment, and settlement evacuation. not be prejudged. On the substance, it must be recalled Freezing settlements simply had no place in the new policy. that it is already part of the policy of the Government of Indeed, settlements continued to be expanded, often with Israel not to establish new settlements. At the same time, government support, almost until the day of evacuation. the current and everyday needs of the development of such communities must be taken into account. Facing the Future Foreign Minister Shimon Peres went a step further, If the Obama administration pursues a settlement freeze explaining shortly after publication of the Mitchell report, will it want to undertake the onerous task of negotiating with Israel the mechanisms required to define, implement, police, [A] freeze is already in effect. Actually, a freeze is only the evaluate, and if, necessary impose sanctions for infractions? In third stage of the Mitchell plan —first comes a cease-fire, order to avoid this, Washington, echoing the Mitchell com - then a cooling-off period, then confidence-building meas - mittee recommendations, might opt for a declaration that ures, such as freezing settlements —such that there is noth - Israel cease settling without engaging Israel in defining a ing to even talk about regarding such a freeze until six freeze. The U.S. may even impose sanctions more severe than weeks after it begins. But in practice, the coalition negotia - those associated with the loan guarantees in response to an tions stipulate that there be no new settlements, and we Israeli failure to heed Washington’s demand. There is a seduc - also agreed that there would be no land-expropriations to tive appeal to these policy options. They build upon past expand existing settlements, and then we added a third efforts and they have an intuitive appeal. After all, if settle - thing, to which the government, Mr. Sharon, agreed, and ments are a problem does it not make sense to stop building that is that there be no new construction outside the built- and expanding them? Even in the unlikely event that a freeze up areas within the existing towns—such that in practice, succeeds, settlements will remain. The urgency of the situa - there is a freeze on construction in Yesha. tion and the failure of all previous efforts to freeze settlements The Mitchell Commission’s call for a settlement freeze was point to the conclusion that U.S. policy should focus, for the ambiguous and incomplete. There were no details about the first time, on removing settlements, defining the border elements of a freeze—its geographic scope, duration, method - between the states of Israel and Palestine, creating new securi - ology, oversight, monitoring and assessment mechanisms, or ty mechanisms, and ending the conflict. penalties for infractions. Discussion on some of these issues “I can see a freeze for three or six months, maybe, for the was considered by the Bush administration and the Sharon duration of the talks,” explained Israel Harel, a founder of the government—centering on defining approved (by Washing- settlement movement and a resident of Ofra near Ramallah. ton) buildable areas for each settlement—but never initiated. “It won’t be implemented, but sabotaged. In Ofra we won’t Mitchell’s call for a freeze was incorporated in the 2003 stop [building], well maybe for a week or two.” N

May-June 2009 Report on Israeli Settlement O 9 World Bank Report: Assessment of Restrictions on Palestinian Water Sector Development—April 2009 The World Bank estimates that Israel’s national water car - the environment. Untreated sewage from the Ariel settlement rier, Mekorot, supplies 75 million cubic meters (MCM) to flows only 15 meters from the spring that serves as water sup - Israeli settlements of which, 44 MCM is produced from wells ply for the Palestinian town of Salfit. Residents of Salfit built controlled by Israel or settlers within the West Bank. a 15 meter wall to protect their spring; Germany allocated Palestinian extraction has been in line or less than the money for a wastewater treatment plant for Salfit which was amount allocated to them in the Oslo II agreement. Israel has initially blocked by Israel, approved, and then halted due to over-extracted 80 percent more than the agreed upon amount. the plant’s potential site falling too close to an area allocated Israeli authorities have often insisted that any wastewater for future Jewish settlements. A new site for the Salfit plant is project for Palestinians connect to Israeli settlements and planned, though Germany has withdrawn its funds. The Betar require an effluent quality standard that is considerably higher Ilit settlement treats its water before pumping into the envi - than the internationally recommended World Health Organi- ronment. However, the residents of the ultra orthodox settle - zation norms, well beyond the capacity of the PA or the ment cannot work on Saturdays, leaving the wastewater financial means of the Palestinians. Wastewater plants must untreated, threatening the nearby Palestinian village of Wadi also be situated far from cities; which means investments must Fukin. Compounding the declining level of water access and be made in Area C, further complicating progress due to the treatment for Palestinians is the deteriorating quality of the need for Israeli Civil Administration approval. Had all the PA water and the increasing prevalence of water borne illnesses. plans since 1999 been approved and implemented an improv- With water usage as low as 10 liters per capita per day in ed water supply would have been provided for half of the some areas, some communities of the West Bank, notably West Bank population. Area C, face water access comparable to that of refugee camps Settlements have also been discharging raw sewage into in Congo or Sudan. N

“The solution to the Israeli-Palestinian conflict lies in a two-state solution, and that continues to be the policy of President Obama, and one that we will pursue with great energy and vigor. We believe that a com - prehensive Middle East peace is not only in the interests of the people in the Middle East, of Palestinians, Israelis, Egyptians, Arabs from many other countries, but it is also in the national interests of the United States. And in the interests of people around the world. And we recognize the complexities, the difficulties, we are aware of the long history of expectations being raised and then not being met. But we are going to proceed carefully and as rapidly as possible with a full commitment toward that objective: a comprehensive peace in the Middle East.” Remarks by George Mitchell, U.S. special envoy for Middle East peace, Cairo, April 19, 2009

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