Settlement Monitor Author(S): Geoffrey Aronson Source: Journal of Palestine Studies, Vol

Settlement Monitor Author(s): Geoffrey Aronson Source: Journal of Palestine Studies, Vol. 36, No. 2 (Winter 2007), pp. 150-161 Published by: University of California Press on behalf of the Institute for Palestine Studies Stable URL: http://www.jstor.org/stable/10.1525/jps.2007.36.2.150 . Accessed: 26/02/2015 16:25

Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp

. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

University of California Press and Institute for Palestine Studies are collaborating with JSTOR to digitize, preserve and extend access to Journal of Palestine Studies.

http://www.jstor.org

This content downloaded from 108.45.56.202 on Thu, 26 Feb 2015 16:25:56 PM All use subject to JSTOR Terms and Conditions SETTLEMENT MONITOR

EDITED BY GEOFFREY ARONSON

This section covers items—reprinted articles, statistics, and maps—pertaining to Israeli settlement activities in the Gaza Strip and the West Bank, including East Jerusalem, and the Golan Heights. Unless otherwise stated, the items have been written by Geoffrey Aronson for this section or drawn from material written by him for Report on Israeli Settlement in the Occupied Territories (hereinafter Settlement Report), a Washington-based bimonthly newsletter published by the Foundation for Middle East Peace. JPS is grateful to the foundation for permission to draw on its material. Major documents relating to settlements appear in the Documents and Source Material section.

Settlement after Lebanon “Standing Up Straight” after Lebanon: A Second Wind for Settlements ...... 150 After War in Lebanon, Israeli Settlements Growing Again, by Ilene R. Prusher . . 152

Building on Palestinian-owned Land Fifty-Five Minutes from Tel Aviv, by Yehuda Litani ...... 154 Settlements Grow on Arab Land, Despite Promises Made to U.S., by Amos Hare . 154 Israeli Settlement Building on Private Palestinian Property (excerpts) ...... 156

Update on Israeli Settlement and Wall Activity, by PLO Negotiations Support Unit ...... 158

SETTLEMENT AFTER LEBANON the convergence plan will be much more militant than the struggle against the [Gaza] “STANDING UP STRAIGHT” AFTER LEBANON:A disengagement,” explained one participant. SECOND WIND FOR SETTLEMENTS This militant minority opposed to set- From Settlement Report, September– tlement evacuation stands at the fringe of October 2006. what was, even before the war in Lebanon, a On 13 June, a group of Israelis deter- growing popular uneasiness about Olmert’s mined to scuttle Israeli Prime Minister intentions. This concern was apparent even Ehud Olmert’s promise to evacuate West within the ranks of Olmert’s Kadima party, Bank settlements gathered in Jerusalem. which only a few months before had staked In their view, neither opposition like that its electoral victory on Olmert’s undefined waged unsuccessfully against the August plan to remove settlers from the West Bank. 2005 evacuation of the Gaza Strip nor the On 10 July, Olmert declared, “I am absolutely more confrontational tactics used in a failed committed to continue, in order to finally attempt to prevent the destruction of per- separate from the Palestinians and establish manent dwellings at the settlement outpost secure borders that are recognized by the of Amona in January could avert future international community.” withdrawals. The very next day, on 11 July, MK Otniel According to a report in Yedi’ot Aharonot Schindler, a former settler advising Olmert, on 15 June, participants discussed tactics sought to placate the growing settler op- that included destroying property of the Is- position to withdrawal. He noted that the rael Defense Force (IDF), firebombing army number of settlers east of the separation vehicles, hacking into IDF computers, taint- barrier who would be compelled to vacate ing IDF food supplies, destroying Arab prop- had been reduced to 30,000. That is, only erty, and inciting Palestinian rebellion to half of those settlers residing east of the keep IDF forces too busy to mobilize for set- separation barrier would be withdrawn. tlement evacuations. “The struggle against Implementation of the plan would take at

Journal of Palestine Studies Vol. XXXVI, No. 2 (Winter 2007), pp. 150–161, ISSN 0377-919X, electronic ISSN 1533-8614. C 2007 by the Institute for Palestine Studies. All rights reserved. Please direct all requests for permission to photocopy or reproduce article content through the University of California Press’s Rights and Permissions website, at http://www.ucpressjournals.com/reprintInfo.asp. DOI: jps.2007.XXXVI.2.150.

This content downloaded from 108.45.56.202 on Thu, 26 Feb 2015 16:25:56 PM All use subject to JSTOR Terms and Conditions SETTLEMENT MONITOR 151 least three years, he explained. And un- missiles of the variety now being fired at like the Gaza withdrawal, settlers would Israel from Gaza and Lebanon that could be “evacuate of their own free will.” Foreign expected to be deployed in areas of the West Minister Tzipi Livni asserted that the IDF Bank evacuated by Israel. would remain in many of the still-undefined Olmert had embraced a unilateral Israel areas from which settlements were to be evacuation of some settlements as a half- evacuated. baked solution to myriad problems con- On 12 July, the war against Lebanon fronting Israel as a consequence of its deter- erupted. Olmert initially claimed that the mination to remain in control of the West battle waged against Hizballah would facil- Bank. Today, a West Bank disengagement in itate the removal of settlements. The war, the Gaza model has been “frozen”—a victim however, dramatically weakened Olmert’s of its own shortcomings, instability in Gaza political standing and heightened already after disengagement and Hamas’s electoral substantial Israeli doubts about the wisdom victory, and the explosion of war on Israel’s of another unnegotiated retreat, after which northern frontier and the ensuing recrim- Israel would remain within range of Pales- inations in Israel. Embroiled in a fight for tinian missiles. his political life, Olmert has chosen to sur- On 24 July, the prime minister told an render the idea at the heart of his political audience of former Gaza settlers, “I want you program and Kadima’s raison d’être, leaving to know that your evacuation won’t be the Israel without a declared strategy for pre- last. We will be removing more [settlement] serving its settlement and security interests communities.” Asked by a reporter on 2 in the West Bank and East Jerusalem. August whether the war and attacks from “Evacuating settlements in the Gaza Strip Gaza would affect the implementation of his was not a mistake,” observed Deputy Prime “convergence” plan, Olmert replied, “I will Minster Shimon Peres on 8 September. surprise you. I truly believe the creation of “They had no business being there. It is a new order [in Lebanon] that will provide best that they have been removed, not least more stability will produce an environment for the settlers themselves. But the unilater- that will create a new momentum between alism of the disengagement was a mistake. us and the Palestinians. It will assist me to The concept of a unilateral withdrawal [on create an atmosphere for disengagement the West Bank] or realignment is dead polit- from the Palestinians.” ically, psychologically, and practically. There The surprise, however, was on Olmert. will be no large-scale version of the dis- “Within two hours of his words being pub- engagement in the West Bank; no massive lished,” wrote one commentator, “he had evacuation of settlements. received an ultimatum: if convergence is “The concept of realignment is dead for still on the table, settler representatives told three reasons. First, we are being fired upon him, we’re calling our people back home. from the Gaza Strip after withdrawing from You cannot use settlers from Yitzhar, Eli, and there. Second, because of the schisms in other settlements to fight [as Israeli soldiers] the Palestinian political landscape, there is for you in Lebanon and at the same time no one willing to take responsibility. The threaten to raze their homes.” third reason is that Israel is a democracy and Olmert hastened to apologize to his right- public opinion today rules out the idea of a wing political opponents. “The war is a unilateral withdrawal. That is why it will not consequence of Hizballah’s attack against happen; at least, not in the next five or ten Israel. There is no connection whatsoever years. Kadima has to create a new agenda; to future political moves on other fronts.” otherwise it will not survive.” Olmert had made an “own goal” against The Gaza disengagement marked the high convergence. point of an era that witnessed an absence Days later, more bad news, this time of productive formal negotiations, but re- from his own foreign ministry. A top-level sulted in tangible territorial withdrawals by inquiry reported that a unilateral withdrawal Israel and the de facto creation of a tenuous that left some settlements and continuing modus vivendi between Israel and its Is- military control in the West Bank would lamist antagonists in Palestine and Lebanon. not result in international recognition of the A broad application of this option to the West “end of occupation.” Not only did the idea Bank is no longer in the cards. Prominently lack an international political payoff, the absent in the current, half-hearted Israeli report noted that the IDF had no answer to effort to engage diplomatically is an inten- the security threat posed by the short-range tion to implement significant evacuations

This content downloaded from 108.45.56.202 on Thu, 26 Feb 2015 16:25:56 PM All use subject to JSTOR Terms and Conditions 152 JOURNAL OF PALESTINE STUDIES of West Bank territory regardless of who three serious incidents of felled olive trees speaks for the Palestinians. Diplomacy that in Salam (45 trees) and Sinjil (140 trees). lacks a territorial dimension and thus also As in all previous instances, no arrests were a political horizon for ending occupation is made. Another report by the organization’s a prescription for continuing conflict and volunteers tells of an illegal outpost whose instability. residents mock the law and those in charge “There are no talks with Hamas,” ex- of enforcing it.” The Bush administration plained Peres, “nor are there expected to be announced the extension of a program of any....Wewill talk to the leader of the PLO, loan guarantees to Israel without even a de- who is also the president of the Palestinian bate about conditioning the program on Authority, Abu Mazin. ...Wewill talk about Israel’s performance on settlements. Ten- everything—from a permanent agreement ders for the construction of almost 1,000 to a new economic agenda.” new housing units in settlements have also They will talk about everything, but agree been announced. When Ma’ale Adumim about nothing. mayor Benny Kashriel was asked whether In this new era, Israel is rejecting a signif- such construction violates Israel’s pledges to icant settlement evacuation, even as an am- the international community, he responded biguously declared intention, undermining that “all Israel has to do is stand up straight the domestic political rationale for question- and not bow to foreigners.” ing the systemic bias in favor of settlement AFTER WAR IN LEBANON,ISRAELI SETTLEMENTS and the increasingly draconian restrictions GROWING AGAIN placed upon Palestinians. The visible evi- dence of this retreat is all too apparent in This article by Ilene R. Prusher origi- the continuing expansion and consolidation nally appeared in the 5 October 2006 issue of scores of settlements, including those of the Christian Science Monitor. Israel’s legal system has slated for destruc- At this time last year, many people in this tion. The settlers propose that no less than settlement [Karnei Shomron, in the north- 70 percent of the West Bank be annexed to western West Bank] started eyeing their Israel, an extraordinary testament to a settle- future with increased doubt. Some 8,000 ment movement revitalized by the political Jewish settlers had just been forcibly re- and security failures of the Oslo decade. moved from Gaza, and people here learned In the security realm, the advocates of set- that Karnei Shomron was going to be out- tlement have been emboldened by Olmert’s side the separation barrier—a high-security weakness and the prominence of short-range network of walls and fencing that Israel is rockets in the Palestinian arsenal. “What building inside the West Bank. happened to the idea that ‘in the missile era Today, things look much different, un- territory has no meaning,” wrote settlement derscoring just how the turmoil in Gaza and advocate Elyakim Haetzni sarcastically. “The the war with Lebanon has affected Israeli north and the south are boiling. And if the politics. The route of the controversial bar- center of the country has not yet descended rier, yet to be built here, is now promised to into violence, this is thanks only to the Jew- encompass—rather than exclude—Karnei ish presence in Samaria. ‘Settlements instead Shomron. Israel’s Office of Building and of katyushas’ is a fact that cannot be denied. Construction just issued permits for 20 new Olmert has promised to do in Samaria what houses, along with 56 for the neighbor- he did in the Katif bloc, that is, to remove ing Alfe Menashe settlement and another from their graves in Eli [soldiers] who fell in 88 for Ariel, one of the largest West Bank Lebanon. If this is the case, why do we need settlements. Shi‘a suicide bombers?” To the town council leader, permission In an environment in which no polit- to build 20 houses is a merely a drizzle in a ical program dominates, the debate about drought. Over the past year, he says, more settlements recedes and the expansionist dy- than 100 young people who grew up in namic created by the settlement enterprise Karnei Shomron married and want to settle itself grows even more significant. “In the down close to their families but cannot occupied territories,” wrote Akiva Eldar in find housing. “It’s been a long time that we Ha’Aretz on 20 September, “it’s business as haven’t been allowed to build,” says Herzl usual. A non–law abiding group in the settle- Ben-Ari, the head of the town council, using ments continues to cut down olive trees and a laser pen to point out the open spaces confront Palestinian farmers. A report pre- on the topographical map that hangs in his pared by the organization Yesh Din ...lists office. He wants to put housing on each

This content downloaded from 108.45.56.202 on Thu, 26 Feb 2015 16:25:56 PM All use subject to JSTOR Terms and Conditions SETTLEMENT MONITOR 153 plot of land considered to be within the outposts in the West Bank accelerated, an settlement’s borders. His dream: to turn the Israeli organization that keeps track of set- settlement of 6,700 into a city of 20,000. tlement growth says. Peace Now, a left-wing Palestinian dreams, of course, look organization opposed to settlement in the markedly different, including the establish- occupied territories, charged this week in ment of an independent state, a goal they its biannual report that during the war, 31 view as incompatible with settlement expan- illegal outposts underwent expansion and sion. To them, and to U.S. officials hoping infrastructure works, while 12 outposts saw to coax Israeli and Palestinian leaders back the construction of permanent buildings. “Il- to the negotiating table, news of settlement legal outposts” are classified as small, newer growth only complicates efforts. Secretary satellite settlements that were established of State Condoleezza Rice was due to meet without official permission. According to with Palestinian and Israeli leaders Wednes- the Ha’Aretz newspaper, which bases its fig- day in an attempt to “explore ideas” and ures on the Interior Ministry’s population pursue “a way forward” in the impasse, U.S. registrar, from June 2005 to June 2006, the officials here say. “We see the road map as settler population in the West Bank grew the best way forward, and among Israel’s by 5.3 percent. About 3.5 percent was at- road map obligations is to remove illegal set- tributed to babies born to families living in tlement outposts and to cease settlement ex- the settlements. pansion,”says Stewart Tuttle, the spokesman A spokesman for Israel’s Ministry of Con- for the U.S. embassy in Tel Aviv, referring to struction and Housing says that the permis- the plan that calls for a series of steps lead- sion to build new houses in the settlements ing to an independent Palestinian state living is independent of political events. “All we’ve peacefully alongside Israel. “It is our expec- done is give the developers the permission tation that the Israeli government will abide to build houses,” says Kobi Blich, a ministry by those commitments.” spokesman. “It’s got nothing to do with tim- The future of Israel’s settlements in the ing. It’s simply part of the plan of allowing West Bank has been a moving target over the natural growth.” course of the past half-year. When he was Demographically, Israel is indeed finding elected six months ago as the head of the itself with a burgeoning challenge: A new Kadima party, Prime Minister Ehud Olmert generation of Israelis who grew up in the said that he would pursue a new “realign- settlements wants to stay. In Israel’s 58 years ment plan” in order to continue with the of statehood, it has controlled the West Bank course of unilateral withdrawals pioneered for four decades. Shimon Peres, Israel’s vice by Ariel Sharon. Just as Mr. Sharon pulled out prime minister and an architect of the Oslo of Gaza without negotiating with the Pales- peace accords, said in a meeting in London tinians, Mr. Olmert said he would withdraw last week that “the settlers’ children cannot from several West Bank settlements deemed be stopped from building their homes,” untenable because they are far away from adding that this issue is one of Olmert’s others, or too far from the 1967 Green Line. major problems. This summer’s Israeli-Hizballah war, how- That picture has certainly put a dent in ever, has changed the mood for one-way, Tzvia Shelter’s honeymoon. The newlywed one-time-only moves that haven’t been ne- and her husband, both born and raised here, gotiated as part of a comprehensive plan. were married two weeks ago. Now, they’re Under sharp criticism from many during living in someone’s basement—and feeling the war, Olmert said that he was reconsid- frustrated that there’s nowhere else for them ering the realignment plan. “The idea of go. “Our parents are here, all our friends are realignment is still alive, but it needs to re- here, and it’s our home. To leave it ...is assessed,” Miri Eisin, the Israeli government out of the question, but there are also no spokesman, told reporters Wednesday. She possibilities to stay here,” she says. said that Olmert was committed to remov- The fact that 20 new houses could be ing “illegal outposts” in the West Bank. The built soon, she says, is little consolation. war nearly eclipsed the Israeli-Palestinian Competition will be fierce, a fact confirmed conflict, which had reached a boiling point by a real estate agent in the area. “There are in Gaza in June, following the kidnapping by about 100 couples here who want 20 units,” Hamas-affiliated militants of an Israeli army Mrs. Shelter gripes. “Twenty units is enough corporal, Gilad Shalit. to say, ‘Oh, we gave you something, so don’t But while cameras were focused on the complain.’ And to the Americans, it won’t Israeli-Lebanese conflict, building in illegal seem like that much.”

This content downloaded from 108.45.56.202 on Thu, 26 Feb 2015 16:25:56 PM All use subject to JSTOR Terms and Conditions 154 JOURNAL OF PALESTINE STUDIES

BUILDING ON PALESTINIAN-OWNED Expansion Under Cover of War LAND Peace Now argued that expansion of the outposts was carried out under the cover of FIFTY-FIVE MINUTES FROM TEL AVIV war. Settler spokespersons were outraged by This article by Yehuda Litani originally this statement. The bottom line was that the appeared on YNet, the Web site of Yedi’ot expropriation of land and the harsh attitude Aharaonot, on 6 October 2006. toward their neighbors continued. (In May Once every few hours in recent days, of this year, Central Command Chief Major- Army Radio has been broadcasting commer- General Yair Naveh signed a decree calling cials calling on Israeli citizens to visit the for the expansion of the jurisdiction of four Gush Etzion area during the Sukkoth holiday settlements: Givat Ze’ev, Oranit, Beitar Ilit, to enjoy the various festivities being held and Maskiot.) there, such as treading grapes, a kite festival And now is the olive harvest season, and and jeep safaris. And all this, the commer- there is almost no doubt that thugs from cial says, is just 55 minutes from Tel Aviv and the settlements—who have been spreading 15 minutes from Jerusalem. fear among their neighbors at the time of During these pleasure tours over the hol- harvest every year—will continue to do so idays, participants will get a chance to see now, even if just to test Amir Peretz’s assur- to what extent settlements and outposts ance that he would take severe measures have expanded (some illegally) in recent against thugs who would cut down plan- years. What participants will not hear from tations and destroy crops. A weak defense organizers is how the settlements were ex- minister, who is indifferent to the expansion panded; the methods by which lands were of illegal outposts and the continuation of expropriated from Palestinian Arabs; the ex- land expropriation, will find it difficult to pansion orders given by the Israeli civilian show determination against the vandalism administration and the seizing of private of hilltop youth. Palestinian land by settlers in the dark of Jerusalem and its neighborhoods can be night. seen from the observation point at Gush But they will not see the olive groves and Etzion, and it seems as though Gush Etzion the vines of the village of Hussan uprooted will link up to the capital of Israel in just an by bulldozers so that Beitar Ilit could be ex- instance. Even if they see their Palestinian panded. They won’t see the private plots of neighbors’ villages and towns right in front land belonging to the residents of Bethlehem of them, they will ignore the sight and imag- and Bayt Jala that were fenced off by settlers. ine the future annexation that will take place Because the organizers aren’t interested in on more Arab land. showing their guests from Tel Aviv the dark Only 55 minutes from Tel Aviv and 15 min- side of Israeli existence in Gush Etzion. utes from Jerusalem and the Israeli tourist Over the years we have become accus- arrives at another land. Perhaps this is the tomed to ignoring the injustices going on place that inspired Yehuda Amichai’s poem in the territories; we suppress them and go “The Place Where We Are Right”: “From on as usual. For example, the new report the place where we are right, flowers will published by Peace Now this week regard- never grow in the spring. The place where ing expansion of outposts: For a few hours we are right is hard and trampled like a the topic was discussed on a radio program, yard.” and then it seemingly disappeared into a SETTLEMENTS GROW ON ARAB LAND,DESPITE state of oblivion. The settlers’ claim that PROMISES MADE TO U.S. the report was false and exaggerated helped calm the consciences of Israelis eager for This article by Amos Harel originally balance. appeared in the 24 October 2006 issue of The facts published in the report, how- Ha’Aretz. ever, are hard to conceal: Since the begin- A secret, two-year investigation by the ning of the year the government has issued defense establishment shows that there has tenders for building 952 housing units in been rampant illegal construction in dozens the territories—four times as many com- of settlements and in many cases involving pared to the same period last year; not only privately owned Palestinian properties. The were the illegal outposts not removed, build- information in the study was presented to ing there was accelerated, roads were bro- two defense ministers, Amir Peretz and his ken through, and land was prepared for predecessor Shaul Mofaz, but was not re- construction. leased in public, and a number of people

This content downloaded from 108.45.56.202 on Thu, 26 Feb 2015 16:25:56 PM All use subject to JSTOR Terms and Conditions SETTLEMENT MONITOR 155 participating in the investigations were take place near existing neighborhoods. asked to sign nondisclosure agreements. The idea was that construction would be According to security sources familiar limited to meeting the needs of the settle- with the study, the material is “political and ments’ natural growth and bringing to an diplomatic dynamite.” In conversations with end the out-of-control expansion over terri- Ha’Aretz, the sources maintained that the tory. In practice, the data shows that Israel report is not being made public in order to failed to meet its commitments: many new avoid a crisis with the U.S. government. neighborhoods were systematically built on Brigadier General Baruch Spiegel, assis- the edge of areas of the settlement’s juris- tant to the defense minister, retired earlier diction, which is a much larger territory this month. Spiegel was also in charge of than the actual planning charts account the various issues relating to the territories, for. which Dov Weisglass, chief of staff in prime The data also shows that in many cases minister Ariel Sharon’s office, promised Sec- the construction was carried out on private retary of State Condoleezza Rice in writing Palestinian land. In the master plans, more that Israel would deal with. These commit- often than not, Palestinian properties were ments included illegal settlement building, included in the construction planned for the improvements in the conditions of Pales- future. These included Palestinian properties tinian civilians, and a closer oversight over to which the state had promised access. the conduct of soldiers at IDF roadblocks. However, exploiting the intifada and arguing One of Spiegel’s tasks was to update the that the settlers should not be exposed database on settlement activities. During to security risks, Palestinian farmers were talks with American officials and nongovern- prevented access to their properties that ment organizations such as Peace Now, it were annexed by Israeli settlements. In many emerged that the defense establishment settlements, including Ofra and Mevo Horon, lacked up-to-date information on the set- homes have been constructed on private tlements, which was mostly based on data Palestinian land. “The media is busy with provided by the Civil Administration in the the outposts, but how many of these are territories. really large settlements like Migron? In most The lack of updated information cases, it’s a matter of a few mobile homes. stemmed from the fact that the defense Spiegel’s study shows the real situation in establishment preferred not to know what the settlements themselves—and it is a lot was going on, but was also linked to a num- more serious than what we knew to date,” ber of key officials in the Civil Administra- one of the sources said. tion actively deleting information from the A senior security official expressed con- database out of ideological allegiance with cern that with Spiegel’s retirement, the the settlers. Spiegel and his team compared database will not be updated and the data the data available from the Civil Administra- will be lost. “The [defense] establishment tion to that of the Americans and carried out does not necessarily have an interest in pre- dozens of overflights of the territories, using serving this information. It may cause diplo- private aircraft at great expense, in order to matic embarrassment vis-à-vis the Americans complete the database. and cause a political scandal. It is not un- The findings of the study, security sources likely that there will be those who will seek say, show an amazing discrepancy between to destroy the data,” the senior officer says. the Civil Administration’s data and the reality Other relevant sources said it is necessary on the ground. The data in Spiegel’s inves- for an objective, external source, like the tigation served as the basis for the report State Comptroller’s office, to intervene in on the illegal outposts prepared by attor- this matter. ney Talia Sasson and made public in March A statement issued by the defense minis- 2005. “Everyone is talking about the 107 out- ter’s office in response said that “the matter posts,” said a source familiar with the data, is being examined internally and staff work “but that is small change. The really big pic- will be completed soon, and the parts of ture is the older settlements, the ‘legal’ ones. the report that can be published will be The construction there has been ongoing for made available. The defense minister will years, in blatant violation of the law and the discuss the matter with Prime Minister Ehud regulations of proper governance.” Olmert.” Meanwhile, construction in the Three years ago, in talks with the Amer- new outposts has intensified. Sources in the icans, Israel promised that all new con- YESHA Council say that since the Lebanon struction in the older settlements would War, “Junior officers on the ground are in

This content downloaded from 108.45.56.202 on Thu, 26 Feb 2015 16:25:56 PM All use subject to JSTOR Terms and Conditions 156 JOURNAL OF PALESTINE STUDIES our favor and in many instances turn a blind Since 1967, Israel has made use of eye regarding mobile homes in place.” Ottoman legislation dating back to the middle of the 19th century in order to declare ISRAELI SETTLEMENT BUILDING ON PRIVATE land to be “State land.” According to that PALESTINIAN PROPERTY (EXCERPTS) law, all lands are considered “State land” un- The October 2006 report from Peace less proven otherwise. To formally register Now’s Settlement Watch team excerpted land as private property, one must cultivate here, titled “Breaking the Law in the West it for at least ten years. If the land is not reg- Bank—One Violation Leads to Another: Is- istered, one would be considered the owner raeli Settlement Building on Private Pales- as long as he cultivates it and pays taxes on tinian Property,” is available in full at it. If the land is not cultivated for three suc- www.peacenow.org.il. Footnotes and dia- cessive years, it may become the property grams have been omitted and tables refor- of the Ottoman State, i.e. “State land.” matted for reasons of space. Israel has also exploited the fact that dur- Executive Summary ing the Ottoman period only small parts of the land of the West Bank were formally [...] registered to a specific owner. During the r Key findings include: 1920s, the British began a process of regis- r Palestinians privately own nearly 40 tering the land to the farmers who cultivated percent of the land on which the settle- it or residents who owned houses that were ments have been built; built on it. This process continued through- r Palestinians privately own over 40 per- out the Jordanian period. In 1968, the State cent of the land in settlements located of Israel stopped the land registration pro- in “settlement blocs,” west of the fence cess by virtue of an injunction issued by the being constructed by Israel, including military governor in the occupied territo- 86.4 percent of Ma’ale Adumim, 44.3 ries. It was claimed that the injunction was percent of Giv’at Ze’ev, 47.7 percent of intended to protect the owners of land that Kedumim, and 35.1 percent of Ariel; had been abandoned (from other Palestini- r More than 3,400 buildings in settle- ans who might try to register ownership of ments are constructed on land that is it in their absence) and to prevent the rights privately owned by Palestinians; of these owners from being discriminated r “Survey lands” are areas whose own- against. However, in reality, this injunction ership has yet to be determined and left thousands of square kilometers of agri- on which development is not legal, cultural land unregistered, where it eventu- yet 5.7 percent of settlement territory ally was declared “State land” and used for is “survey land” and 2.5 percent of the sole benefit of Israel. the “settlement blocs” are on “survey The occupation in 1967 brought about lands;” a change in the Palestinian economy. Many r Only a small percentage of settlement Palestinians, who in the past had worked land was purchased by Jews; and as farmers, became workers in Israel. This r Over 50 percent of the land on which situation paved the way for the “Custodian of settlements have been constructed Government Property in the Area of Judea has been declared “State land,” of- and Samaria” to declare large parts of the ten through controversial means and uncultivated land as “state land,” utilizing mostly for the benefit of settlements. the Ottoman law. The “privately owned land” to which this Background report refers is: [...] A. Land that was registered and recog- 2) Defining Privately Owned Land nized as private property before 1968, at a To understand the mechanism of land time when the process of land registration seizure in the West Bank, one must go back was still open and available to Palestinians, to the political history of the region. Dur- or ing the 19th and 20th centuries, the West B. Cultivated land which is recognized Bank came under the successive rule of four by Israel as private land according to the different powers: the Ottomans, the British, Ottoman law. the Jordanians, and the Israelis. Each left a legal and administrative trail behind them, 3) Seizure for “Military Purposes” the implications of which play a significant In addition to the wholesale declaration role in today’s legal reality. that designated much of the West Bank as

This content downloaded from 108.45.56.202 on Thu, 26 Feb 2015 16:25:56 PM All use subject to JSTOR Terms and Conditions SETTLEMENT MONITOR 157

“State land”—land that was then allocated and outposts, which were knowingly built, solely to the settlements and the settlers— in whole or in part, on privately owned there are a number of additional administra- Palestinian land. The most extreme exam- tive means by which the State was able to ple is Elon Moreh itself, which was moved take control of land in the West Bank. to a new site following the court’s ruling. The State’s main means of acquiring pri- According to the data of the Civil Adminis- vate land was “seizure for military purposes.” tration published below, over 65 percent of In contrast to an “expropriation,” in which the land of this settlement is privately owned ownership of the land is transferred to the by Palestinians. State, “seizure” leaves the official ownership Peace Now does not possess all available of the land in the name of its original own- information regarding land seizure injunc- ers but transfers total control of the land, tions issued by Israel in the West Bank from for a designated period of time, to the mili- 1967 until today.As noted earlier, a request to tary. At the end of that period, the military the Civil Administration for this data, based must either relinquish control of the land upon the Freedom of Information Law, has to the owners—something which has rarely yet to be answered. This information could, happened in the West Bank—or renew the of course, shed light on the interesting ques- seizure order. tion of which of the settlements (or parts Many of the settlements established dur- of settlements) are located on land which ing the first decade of the Israeli occupation was seized in the past through the use of of the West Bank were built on land that had military seizure orders. As discussed earlier, been “seized for military purposes.” How- such seizure orders do not change the status ever, a landmark court decision in 1979, the of land ownership. Any settlements which result of the affair known as the Elon More were built on land seized in this manner case, brought this abusive practice to an are actually located on land that is owned official end. . . . privately by Palestinians, even according to official registration in Israel. 5) Building on Private Land: The Law vs. the Reality 6) “Survey Land” and “Jewish Land” In spite of the clear ruling of the court [in Apart from “State Land” and “Private the 1979 Elon Moreh decision, which ruled Palestinian Land,” Israel established another that settlements could not be constructed category of land, “survey land.” This refers on land “seized for military purposes” by to property whose ownership is in dispute, Israel], the State continued to initiate and generally in cases where a Palestinian’s ti- allow the construction of settlements, as tle to the land is being challenged by the well as “new neighborhoods” of established State. Under Israeli law, such land cannot be settlements, on property that the State knew developed legally, either by the State or by to be privately owned by Palestinians. Since the Palestinian claiming ownership. In real- such lands could not be declared “state land” ity, as the data below will show, settlement and, based on the Elon Moreh ruling, could construction has been permitted on such not be seized under the pretext of “military land, too. In addition, the category of “Jew- purposes,” these activities were carried out ish land” was created, referring to West Bank without any legal basis. property owned by Jews. . . . In a harsh report regarding the conduct of the Civil Administration, the State The Main Findings Comptroller describes a case in which an Is- 1. Nearly 40 percent of the total area raeli industrial area was built, both by public of the settlements, outposts, and industrial and private investment, on privately owned zones in the West Bank comprises private Palestinian land in the West Bank. Quoting Palestinian land: the legal adviser of the Civil Administration on this affair, he writes: “This affair’s severity does not indicate its exceptionality.” Area Thus, for example, the settlement Ofra, (in dunams) Percent established in 1975 on an abandoned Jorda- Total Settlement nian military base, was constructed mainly Area 157,591 100.00 after 1980, almost completely on private Private Palestinian lands belonging to the residents of the neigh- Land 61,085 38.76 boring village of ‘Ayn Yabrud. This is the case, Survey Land 8,933 5.67 as well, for dozens of additional settlements Jewish Land 1,986 1.26

This content downloaded from 108.45.56.202 on Thu, 26 Feb 2015 16:25:56 PM All use subject to JSTOR Terms and Conditions 158 JOURNAL OF PALESTINE STUDIES

2. Settlement land located west of the 6. Before the 1979 Elon Moreh case fence which Israel is constructing around ...which established that Israel could no the “settlement blocs” comprises private longer use “security needs” as a pretext for Palestinian land: the seizure of Palestinian private land to ben- eﬁt settlers, nearly 50 percent of the land on which settlements had been established Area (in dunams) Percent was private Palestinian land. After the Elon Moreh ruling, Israel continued to build set- Settlements West of tlements on private Palestinian land, mainly the Fence 74,098 100.00 without seizure orders, and nearly 32 per- Private Palestinian cent of the land on which settlements were Land 30,684 41.42 Survey Land 1,832 2.47 built after 1979 is private Palestinian land. Jewish Land 1,850 2.50 Private Palestinian State Survey Jewish 3. Settlements east of the fence: Settlements Land Land Land Land Established (%) (%) (%) (%) Before Elon Percent Moreh 48.07 44.31 7.37 0.26 After Elon Private Palestinian Land 36.40 Moreh 31.27 62.36 4.30 2.07 Survey Land 8.50 Jewish Land 0.16 UPDATE ON ISRAELI SETTLEMENT State Land 54.93 AND WALL ACTIVITY

4. Nearly 30 percent of the built-up area This update from the Negotiations Sup- of the settlements is located on private Pales- port Unit of the PLO’s Negotiations Affairs tinian land, with at least 3,435 buildings in Department covers Israeli settlement and settlements constructed on private Pales- wall construction from the period 1 July tinian land: 2006–30 September 2006. References in the text have been eliminated for reasons of space. The full update is available at Area www.nad-plo.org. (in dunams) Percent In the third quarter of 2006, Israel contin- Built-up Areas 52,941 100.00 ued to unilaterally impose its vision of a ﬁnal Private Palestinian status outcome, in violation of international Land 15,190 28.69 law and the road map. Consistent with this Survey Land 1,636 3.09 strategy, Israel intensiﬁed its settlement ac- Jewish Land 844 1.67 tivity, issuing tenders for hundreds of new housing units and forging ahead with the 5. The amount of Palestinian private land construction of supporting infrastructure, involved in settlements differs according to especially bypass roads, settlement fences, the settlement region. The highest percent- and the wall. Developments on the ground age is found in the Binyamin area (north- indicate that little has changed with respect central West Bank) and the lowest percent- to Israel’s colonization and de facto annex- age in the Jordan Valley: ation policies in the occupied Palestinian territory (OPT).

Private 1. Wall Update Palestinian State Survey Jewish Two years after the International Court of Land Land Land Land Justice afﬁrmed its illegality, Israeli construc- Region (%) (%) (%) (%) tion of the wall and its associated regime con- Samaria 36.26 60.46 2.77 0.51 tinued steadily, particularly in the central and Binyamin 55.14 38.96 4.04 1.86 southern West Bank and Jerusalem regions. Jordan According to the United Nations, 51 percent Valley 11.06 69.75 19.19 0.00 of the wall’s route is now constructed. Gush Etzion 23.86 70.18 2.50 3.46 Ariel–Keddumim “Fingers” Hebron In mid-August, Israeli bulldozers began Area 28.62 64.88 6.50 0.00 leveling land for the wall between Azzun

This content downloaded from 108.45.56.202 on Thu, 26 Feb 2015 16:25:56 PM All use subject to JSTOR Terms and Conditions SETTLEMENT MONITOR 159 and Kafr Laqif villages and between Azzun for construction of the wall and of a cross- and Kafr Thuluth villages. This follows the ing terminal in Um Salamuna village. The issuance of a military order in January for Um Salamuna terminal is the sixth terminal the seizure of 279 dunams from Hajja, Kafr Israel plans on building in the Bethlehem Laqif, Dayr Istiya, and Azzun villages for governorate. Like Hizma terminal, all six construction of the Ariel “finger.” planned for the Bethlehem governorate will Land-levelling has also been taking place be situated within the West Bank, separating near Immatin village in the Qalqilya gov- Palestinians from Palestinians and Palestini- ernorate; north of Salfit city, Iskaka, and ans from Palestinian lands. Dayr Istiya villages south of Marda and Wall construction continued between Kifl Haris villages; and near al-Zawiya Tarqumiya and Surif towns. Work also con- and Dayr Ballut villages, all in the Salfit tinued on terminals, with land leveling hap- governorate. pening west of Tarqumiya checkpoint for a In mid-August, construction of the wall new commercial checkpoint, paving at Bayt resumed around Bet Arye and Ofarim settle- Yatir checkpoint, and construction contin- ments after the Israeli High Court approved uing on an agricultural terminal at Meitar a new route near Abbud. The Israeli military checkpoint. uprooted and damaged at least 150 olive In mid-July, land leveling for the construc- trees belonging to Abbud villagers for the tion of a new section of the wall started in building of the wall in the area. the planned bubble located around Eshkolot settlement. Jerusalem While the wall around Jerusalem is, for the most part, completed from the north, 2. Settlement Activity south, and east, isolating 250,000 Palestinian With international attention focused Jerusalemites from the rest of the West elsewhere, Israel exploited the broader re- Bank, construction continued between Bayt gional and international crises as cover to Ur al-Fawqa and al-Tira villages and near accelerate its settlement activity in the West al-Ram checkpoint between Dahiyat al-Barid Bank, particularly in and around occupied and ‘Atarot. East Jerusalem. Israel has completed its construction of Settlement Expansion the Hizma terminal. Located four kilome- Israel continued to plan and approve ters inside the West Bank with the look and the expansion of settlements throughout feel of an international border crossing, the the OPT, carrying out actual construction terminal and others like it are indicative in at least 39 settlements (excluding East of Israel’s plan to unilaterally treat the wall Jerusalem), including industrial areas, with as an international border and annex Pales- a particular emphasis on settlements west tinian areas west of it, including all of East of the wall. Jerusalem. With four lanes for cars and gates, Large-scale Israeli construction, including the terminal is one of eight points of entry of a second police headquarters, continues to Jerusalem from the West Bank whose use inside the E-1 plan area, in violation of the is barred to West Bank Palestinians. West road map and Israel’s commitments to the Bank Palestinians may only access Jerusalem U.S. The E-1 plan calls for the construction through four points of entry. of 3,500 housing units, offices, an industrial Southern West Bank park, entertainment centers, and ten ho- Construction of the wall continued near tels on lands belonging to al-Za‘ayem, al-Tur, Bayt Jala, while land leveling continued near and ‘Issawiya, in order to connect Ma’ale Har Gilo settlement and between al-Khadr Adumim to West Jerusalem. If completed, village and al-Nashash, south of Bethlehem the plan would deny East Jerusalem the last city. major space for its urban development and Israel also continued its construction permanently sever Palestinian East Jerusalem of tunnels and terminals, with land lev- from the rest of the West Bank, thus foreclos- elling occurring for the proposed tunnel ing the establishment of a Palestinian capital near al-Khadr village and for a new termi- in East Jerusalem. nal next to al-Jaba‘ checkpoint. The Israeli At the beginning of July, settlers from army also issued a military order seizing Karmi Tzur settlement uprooted 50 almond 150 dunams of agricultural land belonging trees belonging to farmers from Halhul and to Bayt Ummar (Hebron governorate), Bayt Bayt Ummar towns in order to expand the Fajjar and al-Khadr (Bethlehem governorate) settlement.

This content downloaded from 108.45.56.202 on Thu, 26 Feb 2015 16:25:56 PM All use subject to JSTOR Terms and Conditions 160 JOURNAL OF PALESTINE STUDIES

In July, construction began on the first permanent construction. At least 55 out- residential units in Nof Zion settlement, es- posts have been expanded since June 2003. tablished on lands confiscated from Jabal al- Instead of evacuating and dismantling set- Mukabbir neighbourhood in East Jerusalem. tlement outposts, as required by the road Three hundred ninety-five (395) housing map, the Israeli government is reportedly units are planned for the settlement. considering a plan to retroactively “legalize” Construction in Ma’ale Zeitim settlement, outposts illegal under Israeli law, according located in the East Jerusalem neighborhood to former government lawyer Talia Sasson. of Ras al-Amud, is currently underway to Although many outposts already enjoy the double its size, from 52 to 119 residential covert complicity of the Israeli government, units. The settlement will be expanded to retroactively endorsing the outposts would incorporate the two police buildings directly enable dozens of these nascent settlements adjacent to the Jewish cemetery on the to receive a variety of financial incentives Mount of Olives. These police buildings reserved for “official” settlements, thereby are being turned over to right-wing settler accelerating their expansion. Furthermore, groups who, in exchange, constructed a the Israeli government is reportedly consid- police station in E-1. ering relaxing its “supervision” of settlement On 4 September, the Israeli Ministry of expansion, allowing local and regional coun- Housing and Construction issued tenders for cils to make such decisions on their own. 690 new housing units, the largest single an- nouncement of new settlement activity this 3. Settlement Roads and year. The housing units are slated for Ma‘ale Infrastructure Adumim and Beitar Ilit. This follows a deci- The matrix of Israeli settlement roads, sion in May to expand the jurisdictional area fences, and other infrastructure, along with of Beitar Ilit, along with those of three other internal closures and movement restrictions settlements, bringing it closer to Jerusalem. on Palestinians, continues to facilitate settle- The tenders for Ma’ale Adumim are part of ment growth at the expense of the indige- a larger plan to build 4,000 apartments in nous Palestinian population. the settlement. Tenders for 98 other housing In August, 81 dunams belonging to Bayt units were issued earlier in the year. ‘Awwa and Fuqayqis villages in the Hebron On 21 September, the Israeli Lands Ad- governorate were confiscated for erection ministration issued tenders for 164 new of a barbed wire fence along the bypass settlement housing units, including 88 units road extending from the 1967 boundary to in Ariel, 56 units in Alfe Menashe, and 20 in Negohot settlement. Karnei Shomron, bringing to 952 the num- In August, a detailed development plan ber of plots on offer so far this year. Israel is (T/20/901) for a new segment of Route very clearly making good on its promises to 60 running near al-‘Arrub refugee camp expand settlements in the “blocs” in a bid to and Bayt Ummar and Halhul towns was de- permanently annex them. posited with the Israeli Supreme Planning In September, the Israeli Central Bureau Committee. The new segment of Route 60 of Statistics published data on construction will confiscate 350 dunams (∼87.5 acres) of works for the first half of 2006. Construc- land from Halhul town, 700 dunams from tion of 907 housing units in the West Bank Bayt Ummar town, and 50 dunams from (excluding East Jerusalem) got underway in al-‘Arrub governmental agricultural college. the first six months of the year, while 925 The new bypass road is part of a broader units were completed during that time. By Israeli plan to develop segregated road net- the end of June, 3,461 housing units were works for Palestinians and illegal settlers in under active construction. Two hundred the West Bank. eighty-five (285) flats had been sold in the In early September, the City Pass con- West Bank (excluding East Jerusalem) in the sortium, the Jerusalem light rail franchisee, first seven months of 2006, a 41 percent in- announced that it would lay tracks in French crease compared with the same period last Hill and Pisgat Ze’ev this year. The work is year. part of a project to construct a light rail that will strengthen the connection between Settlement Outposts Pisgat Ze’ev settlement in occupied East By the end of August, there were 101 out- Jerusalem and neighboring settlements with posts in the West Bank. Construction and West Jerusalem via French Hill settlement, expansion activities were taking place in cutting through Shu‘fat neighborhood. Two at least 31 outposts, 12 of which included French companies are involved in the

This content downloaded from 108.45.56.202 on Thu, 26 Feb 2015 16:25:56 PM All use subject to JSTOR Terms and Conditions SETTLEMENT MONITOR 161 construction, in contravention of interna- On 2 July, a group of Israeli settlers tional humanitarian law. severely beat a 55-year-old while he was On 7 September, the Israeli army began working on his land on the outskirts of Bayt constructing a settler bypass road leading Dajan village in the Nablus governorate. Suf- to Qiryat Arba settlement in Wadi al-Nassara fering contusions and other injuries, the neighborhood in Hebron city. The Israeli victim was admitted to a public hospital for army leveled approximately 50 dunams be- treatment. longing to one Palestinian for this purpose. On 4 July, an Israeli settler truck ran over Land leveling continued around Avnei a 65-year-old on the main road between Bayt Hefetz and Einav settlements, east of Ummar village and al-‘Arrub refugee camp in Tulkarm, for the construction of a new fence the Hebron governorate, leaving him with around the settlements. injuries and bone fractures. The Israeli army continued leveling land In July, settlers from Yitzhar settle- north of Shavei Shomron settlement for the ment set fire to three agricultural fields installation of a wall around the settlement. owned by Palestinian residents of ‘Ayn Fifty-three dunams of Palestinian land were Yabus village in the Nablus governorate, seized for the wall, and 350 olive trees [were] destroying hundreds of olive and almond destroyed for its erection. Furthermore, a trees. “buffer zone” between the settlement and On 7 August, an Israeli settler opened the fence will deny local Palestinians access fire on a Palestinian truck transporting veg- to their lands. Israeli bulldozers also contin- etables near Duma village in the Nablus ued leveling lands in Dayr Sharaf village for a governorate, killing the truck’s driver and bypass road 1.5 kilometers long and 15 me- injuring his son. ters wide that will run around the settlement. On 10 September, an Israeli settler at- Israel continued its construction of a road tempted to abduct a 12-year-old Pales- barrier along Road 1, east of al-Za‘ayim in tinian near Dayr Istiya town in the Salfit East Jerusalem. In addition, it resumed work governorate. on Road 1 along the segment just east of On 11 September, an Israeli settler vehi- Kfar Adumim. Road 1 connects Jerusalem to cle ran over an 8-year-old female child near settlements in the Jordan Valley. al-Nabi Ilyas village in the Qalqilya gover- Construction of Road 70 between ‘Anata norate, leaving her with critical wounds. and al-‘Izariya continued. This is part of the The victim was transported to an Israeli hos- 15.5 km “ring road” that Israel has planned pital for medical treatment, and the Israeli to connect the settlements to the north, army arrested the settler perpetrator after south, and east with West Jerusalem. he attempted to flee. The Israeli army razed lands and uprooted On 19 September, a group of Israeli set- trees in order to construct a fence around tlers from Susia settlement, southeast of Karme Tzur settlement in the Hebron gover- Yatta town, severely beat an 87-year-old, norate, which will deny Palestinians access leaving him with contusions. The victim to more than 70 dunams of lands. was transported to a public hospital for medical treatment. 4. Settler Violence and Extremism Settlers from Ma’ale Levona settlement Settler violence and extremism continued destroyed at least 40 olive trees belong- in the third quarter of 2006, with at least 45 ing to Palestinians from Sinjil village in the reported incidents. Ramallah governorate.

This content downloaded from 108.45.56.202 on Thu, 26 Feb 2015 16:25:56 PM All use subject to JSTOR Terms and Conditions