The Strangulation of

April 2006

Applied Research Institute- (ARIJ)

P. O. Box - 860, Caritas Street- , - Tel & Fax 0092- 2- 2741889 E-mail – [email protected]

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The Strangulation of Beit Jala City

The city of Beit Jala is located 1 Km west of Bethlehem and 8 Km southwest of Jerusalem at an altitude of 650 - 930m above sea level. It lies on slopes of hills covered with olive trees, vineyards and apricots. Beit Jala hosts a population of 16,183 (Palestinian Central Bureau of Statistics, 2005).

Beit Jala village boundary extends over 14,337 dunums. Following the 1967 war the Israeli Government had unilaterally expanded the Jerusalem municipal boundary to include lands from nearby villages and cities. The expanded occupied eastern part of Jerusalem was later illegally annexed to Israel. Beit Jala was among the Palestinian cities that had 3,147 dunums (22% of Beit Jala’s lands) of its lands appropriated to the Israeli defined Jerusalem, see map 1.

Israeli Unilateral Declared Jerusalem Municipality Boundary, 1967 3527 dunum 722 du 24% 10% 279 dunum 1%

Map 1: Lands annexed from Biet Jala, Bethlehem and Beit Sahur to the unilaterally declared Jerusalem municipal boundary and lands isolated behind the Segregation Wall

2

The Palestinian residents who live or/and own lands close to the perimeter of the new expanded municipal boundary of Jerusalem have always been subject to constant aggravation and stalking by the Israeli occupation authorities in an attempt to drive them out of their lands and houses. The Israeli practices against the Palestinian citizens come in various forms, but are mainly represented in the denial of building permits, denial of civil services and the demolition of houses under the pretext of ''building without permits''.

Occupation practices in Beit Jala

Settlements

Beit Jala has been a target of the Israeli colonization activities due to its strategic location; being close to Jerusalem and to the Green Line. and are two Israeli settlements located on lands confiscated from Beit Jala. These settlements are among the first wave of Israeli colonization activities in the occupied West Bank. Gilo settlement was established in 1971 and has an area of 2730 dunums of which 1116 dunums are confiscated from the lands of Beit Jala (ARIJ database, 2005). In 2002, 27,5691 Israeli settlers inhabited the settlement. Har Gilo is the second established on 314 dunums belonging to residents from Beit Jala. In 2004, Har Gilo had a total area of 414 dunums and a settler population of 3712(ARIJ database, 2005).

1 Btselem, Statistics on land expropriation in , http://www.btselem.org/english/Jerusalem/Land_Expropriation_Statistics.asp 2 Btselem, Settlements population, http://www.btselem.org/English/Settlements/Settlement_population.xls

3

Gilo Settlement

4

Bypass Roads in Beit Jala

Road number 60, 'The Tunnel's Road'

Road number 60 links the settlements bloc southwest of with Gilo settlement in the northwest and Har Homa settlement in the northeast of Bethlehem and subsequently with settlements inside Jerusalem.

The 'Tunnel's road' is the section of road 60 that penetrates the western part of Beit Jala and places much of its agricultural lands west of it. Construction of this section started following the Oslo II Accords of 1995. This section of Road 60 penetrating Beit Jala's lands is made up of three parts; one part is a bridge elevated over the agricultural lands and the other two parts are tunnels that go underneath Beit Jala.

On December 15, 2005, the Israeli forces distributed a new military order (Order Regarding Closed Zones, Judea and Samaria, No. 34, 5727-1967) that forbids

5 holding valid permits from entering Israel via bypass roads, including Road 60, which the Israeli settlers use. Furthermore, the Israeli military order banned Israelis from transporting Palestinians on these roads. In fact, Israel has restricted entrance to Palestinians with valid travel permits to 11 crossing terminals which Israel is constructing or already has constructed in the West Bank. The crossings, as stated in the military order, are: Rachel, Tarqumia, Sha'ar Ephraim, Shu'fat, Metar, Hasidim, Atarot, Macabim, Iyal, Rihan and Hagalboa. The military order became active during the first half of February 2006.

The tunnel's road is among the bypass roads that Palestinians with valid permits are forbidden from using, but with exception to Palestinians who work with international organizations and hold extended time permits to enter Israel (permits with three months time period or more).

The Segregation Wall in Beit Jala

Beit Jala city is now facing a grave danger that may very much compromise the city's endurance, the Israeli Segregation Wall. The Wall on Beit Jala’s lands has a total length of 11.7 km, of which 2.7 km are constructed and 9 km are planned.

6 The Wall extends from the northeastern part of Beit Jala, runs along the northern part of 'Ayda Camp, cuts through Beit Jala’s northern lands, stretches west towards Gilo settlement, continues until it reached bypass road 60 (the tunnel section) and then runs along road 60. The Wall stands to isolate 6420 Dunums (approximately 45% of Beit Jala's lands) behind the Segregation Wall, which will only be accessible to the landowner through valid Israeli issued permits.

Palestinian resources isolated by the Segregation Plan

Agricultural areas • Up to 2808 dunums of agricultural lands are isolated north and west of the Segregation Wall, which form 62% of the total agricultural lands in Beit Jala.

Open space • Up to 1216 dunums of open space are segregated north and west of the Segregation Wall, which form 71% of the total open space areas in Beit Jala. Forests • Up to 1003 dunums of forested areas and areas with shrubs are included in the Segregation Zone north and west of the Segregation Wall, which form 95% of the total forested area and area with shrubs of Beit Jala. The only remaining forest (Cremesan forest) which is considered the only recreational site in the area where many citizens go to during weekends or holidays will be isolated.

Entrance to the isolated agricultural lands will only be limited to those who are able to prove landownership through an Israeli organization (most likely to be the civil administration) and only the owners whose names listed in the ownership deeds (usually the eldest of the families) or their inheritors will receive permits. Furthermore, the Israeli civil administration will only issue permits on seasonal basis. Hence the owners will find a hard time to manage the cultivated lands on their own especially that the permits do not include additional labor or equipments.

The population densities in Beit Jala's municipal area (which is 4460 dunums) reached to nearly 3628 person/km² in 2005, with the creation of the Segregation Zones and the isolation of the open spaces the population densities are projected to increase to nearly 4196 persons/ km² in the coming five years.

Table one below shows the Land Use/Land Cover of Beit Jala city and the land Use/Land Cover of the areas isolated by the Segregation Wall.

7 Table 1: The Land Use/Land Cover of Beit Jala city & the land Use/Land Cover of the areas isolated by the Segregation Wall

Land classification LULC inside the LULC in the area Percentage Land Use/ Land village boundary of isolated north and of land Cover Beit Jala west of the Wall isolated from the total Beit Jala lands

Agricultural land 4514 2808 62% Artifical non- agricultural vegetated areas 19 0 0% Forests 436 379 87% Mine, dump and construction sites 319 0 0% Open spaces with little or no vegetation 1721 1216 71% Shrub and/or herbaceous vegetation associations 624 624 100% Palestinian Built-up area 5540 264 5% Jewish settlement 1166 1129 97%

Total 14339 6420 45% Source: ARIJ database- GIS, 2005

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A chronology of military orders in Beit Jala

Military orders issued in 2002

T/08/02 On October 16th, 2002 the Israeli Occupation Force has issued military order number T/08/02 stating the confiscation of 95 dunums from Beit Jala lands. The Wall section in this military order has a total length of 2 km and extends from the northeastern part of Beit Jala (north of Aida refugee camp) penetrating Beit Jala northern lands and heads westwards towards bypass road number 60 (known as the tunnel road). 1.6 km of the military order are already constructed, while the section northeast of was remodeled in military order number T/14/03 and was also constructed.

Military orders issued in 2003

T/44/03 On July 3rd, 2003 the Israeli Chief Commander of Judea and Samaria issued military order number T/44/03 stipulating the confiscation of 23.8 dunums of lands from Al Walaja and Beit Jala for constructing the Segregation Wall. The section of this order that lies in Al Walaja is believed to be cancelled as the Israeli updated map approved by the Israeli Government on February 20th 2005 and

9 published on the Israeli Ministry of Defense’s website outlines a different route for the Wall in this area. The section of this order that lies in Beit Jala was updated by military order number T/32/04.

Military orders issued in 2004

T/32/04 This military order was issued on March 25th 2004 and stated the seizure of 175.6 dunums of Beit Jala city and Al Walajeh village lands for the construction of the Segregation Wall. This Wall section is located in the northwestern part of Beit Jala city; where part of it comes to engulf the eastern entrance for the southwestern tunnel of bypass road number 60. Another section of the military order stretches around the southern and southeastern sides of Har Gilo settlement. This order was amended in November 2005. The amendment indicated the cancellation of wall sections suggested in the orders (T/32/04) and (T/57/04), in the vicinity of the tunnel's opening. Another amendment was made by military order number T/01/06 which was issued on January 29th, 2006.

T/57/04 This military order was issued on May 23rd 2004 and stated the confiscation of 11.8 dunums from Beit Jala’s lands for constructing the Segregation Wall. This order is complementary to the previously issued military order number T/32/04 where it comes to engulf the tip of the eastern entrance for the southwestern tunnel of bypass road number 60. This order was also amended in November 2005. The amendment indicated the cancellation of wall sections suggested in the orders (T/32/04) and (T/57/04), in the vicinity of the tunnel's opening. Another amendment was made by military order number T/01/06 which was issued on January 29th, 2006.

36/04 (a) On August 8th 2004, the Israeli Occupation Force issued military order number 36/04 stipulating the confiscation of 33 dunums of Beit Jala lands in order to construct the Segregation Wall. This Wall Section surrounds the southern entrance of the northeastern tunnel of bypass road number 60. This military order was reiterated in military order number T/62/06 which was issued in 19/03/2006.

36/04 (b) This military order was also issued on August 8th 2004, and confiscates 33 dunums of Beit Jala lands in order to construct the Segregation Wall. This Wall Section is located in the northwestern part of Beit Jala and on the southern edge of Crimesan forest. This military order was also reiterated in military order number T/62/06 which was issued in 19/03/2006.

10 Military orders issued in 2005

T/75/05 On March 22nd 2005, the Israeli Occupation Force issued military order number T/75/05 stipulating the confiscation of 9.2 dunums of Beit Jala and Al Walaja lands. This Wall Section comes along the road leading from Beit Jala to Al Walaja. The military order was replaced by military order number T/25/06 which was issued on February 9th 2006.

T/85/05 On April 1st 2005, the Israeli Occupation Force issued military order number T/85/05 stating the confiscation of 14.3 dunums of Beit Jala and Al Walaja lands. This Wall Section comes in the northwestern part of Beit Jala between Cremisan forest and Al Walaja.

T/157/05 This military order was issued on August 22nd 2005, and stated the confiscation of 21 dunums from Beit Jala’s lands for constructing the Segregation Wall. This Wall section is located in the southwestern part of Beit Jala city along bypass road number 60 near the road junction leading to the western entrance of Beit Jala.

T/201/05 On November 2nd 2005, the Israeli Occupation Force issued military order number T/201/05 stipulating the confiscation of 94.3 dunums of Beit Jala and Al Khader lands. This Wall Section lies in the southwestern part of Beit Jala along bypass road number 60.

T/210/05 This military order was issued on November 21st 2005 and stating the confiscation of 85 dunums of Beit Jala, Al Khader and lands. The lands are confiscated for constructing a terminal that would control the movement of Bethlehem western rural villagers who will be segregated west of the Segregation Wall.

Military orders issued in 2006

T/01/06 This military order was issued on November 1st, 2006 and declares the confiscation of 9 dunums of land for the construction of the Segregation Wall in Beit Jala city. This military order amends two previous military orders T/32/04 and T/57/04.

T/24/06

On February 19th 2006, the Israeli Occupation Force issued military order number T/24/06 stipulating the confiscation of 170 dunums of Beit Jala and Al

11 Khader lands. This Wall Section lies in the western part of Beit Jala and extends from northwest of Beit Jala along the road leading from Beit Jala to Al Walaja then heads southwards along bypass road number 60 which proceed towards Al Khader.

T/25/06

This military order was issued on the 9th of February 2006 and states the confiscation of 39.8 dunums from Al Walaja and Beit Jala lands to construct a passage that would control the movement of Palestinian from/to Al Walaja.

T/62/06

This military order was issued on March 19th, 2006 and stipulates the confiscation of 178 dunums from the lands of Beit Jala. This order came to replace the previous military orders number 36/04 (a) and 36/04 (b), confiscating more lands from Beit Jala. A table with the status of the military order and the owners of lands that will be seized for the route of the Segregation Wall is in Annex I.

12 Major Impacts of the Segregation Plan

The construction of the Segregation Wall has negative impacts on the political, economic, social as well as environmental aspects of the Palestinian life. Following is a summary of those major impacts:

ƒ The Segregation Plan intends to keep more than 45% of Beit Jala’s Land under Israeli control in the Western Segregation Zone ƒ Harsh measures are imposed on Palestinian mobility and movement, transportation from or to the segregated areas is extremely difficult ƒ Increased urbanization pressure and population density ƒ The segregation plan is creating new demographic facts that will lead to forced migration among Palestinians who will loose their livelihoods ƒ The Segregation Plan causes severe damages to the Palestinian agricultural sector and to the Palestinian farmers as a result of land confiscation and the constraints imposed on mobility and marketing ƒ Unemployment as well as poverty levels increase ƒ There will be no places for landfills or waste water treatment sites ƒ Natural resources will decrease, forests, pastures, open spaces and recreation areas will be extremely limited ƒ Loss of grazing area and increase in desertification ƒ A distortion in wildlife movement as a result of cutting-off different kinds of species from their natural habitat ƒ The Segregation Plan is altering the Palestinian natural landscape ƒ Many archeological and historical sites related to the Palestinian cultural heritage will be segregated behind the Wall ƒ Loss of open space which poses a threat to the sustainability of the urban and rural areas as well as a threat to more losses of the natural resources and biodiversity

The International Legal Status of the Segregation Wall

In July 2003, the International Court of Justice (ICJ) passed an advisory opinion declaring that the Wall Israel is constructing is illegal. The Court based its decision on international law, including the Fourth Geneva Convention, the Hague Regulations, various human rights treaties and United Nations Security Council resolutions.

The Segregation Wall results in the violation of human rights including the right to Self-Determination, the right to freedom of movement, the right to work, the right to medical treatment, the right to education, the right to an adequate standard of living and access to holy places. The ICJ decision upholds the right to self-determination of the Palestinian people, which they are prevented from exercising by the Wall's disruption of the territorial integrity and unity. 'Self- defense' or 'state of necessity' can not be used as justification for violating this right and other international legal principles and therefore Israel must cease

13 construction and all other states must refrain from supporting Israel in building the Wall.

Moreover, the construction of the Segregation Zone is a violation of all peace agreements signed between the Israelis and Palestinians and a breach to Oslo Interim Agreement which states that: “Neither side shall initiate or take any step that will change the status of the West Bank and the pending the outcome of the permanent status negotiations” (Article XXXI, clause 7).

Conclusion

Despite international rejection, Israel is proceeding with its unilateral plans to build the Segregation Zone confiscating large tracts of Palestinian lands. If this continues, the urban area in Bethlehem Governorate, especially in Beit Jala city will be completely surrounded by a complex of Walls, settlements and roads that will prevent any future possibility for the community to expand and will jeopardize sustainable development.

14 Annex I

Military Parcels in Land owners Status Order No Beit Jala

T/08/02 Constructed NA NA

Updated by Block See T/32/04 military number 3 T/44/03 order number Block T/32/04 number 2

Block Issa Khaliliya number 2 Riyad Fared Abu Muher Block number 3 Ni'ma Abu Muher

Yousif Elias Al Shatleh

Odeh Khaliliya

Anton Dukmak

Nael Anton Salman

Walid Na'im Salman Updated by

military The inheritance of Naji Al 'Arja T/32/04 order

number The inheritance of Lolas family T/01/06

The inheritance of Ibrahim Al Mukarker

Josef Musalam

The Greek Orthodox

'Eid Al Hathwa

Dimyan Al 'Alam

Judeh Al 'Araj

The inheritance of Na'im Al Husein

15 Bishara Al Masri

Iskandar Khoury

Akram Al Hathwa

Updated by NA NA military 36/04 order (A) number T/62/06

Updated by NA NA military 36/04 order (B) number T/62/06

Parcels 134, Nassar Khamis 130, 129, Updated by 117, 209, Laila Ghneim military 206, 90,92 T/57/04 order Saliba Abu Awad number T/25/06 Imad Nassar

Thabet Khamis

Block number 2

T/99/04 Block NA number 28051 part of parcel 6

Updated by Block NA military number 2 T/75/05 order number T/25/06

T/85/05 Updated by Block Crimisan Monastery

16 military number 3 order number T/32/04

Block Khader Rizq Allah number 2 Nakhleh Abu 'Eid

The inheritance of Musa Abu 'Eid

Under T/157/05 Al Mukarker family construction

'Abed Rabou family

Fuad Reziq

Nael Anton Salman

Under Block NA T/201/05 construction number 2

Block Emily Abu 'Eid Al Khader T/210/05 number 2 passage Bishara Kharoufeh

Block Hanna Jacob Qiesieh (shoma) Robert Jacob Abu 'Eid Block number George Issa Al Hathwe and his brothers 28049 Parcels 129, Ayed Bishara abu Awad 125, 116, 170, 109, Nuha Sulaiman Issa Kablinian and her partner 112, 102, T/01/06 100, 92, 91, Ahmad Hammad Yousif Hamareh and his brothers 89, 88, 83, 84, 80, 79, Jacob Saleem Abu 'Amsha 77, 59, 57, 53, 41, 38, Beit Jala Municipality 140, 136, 137, 134, Esbeer Mussallam Al Hathwe 130 Shibli Salameh Rezeqallah

17 Na'im Nicola Khamis

Jacob Saleem Abu 'Amsha

Jeries Abdullah Awad Shaqruba

Hanna Issa Abu Shaybe and his brothers

Jeries Elias Zreneh

Hanna Naser Zreneh

Abdullah Issa Khamashta

George Awad Abu Awad

Khalilieh Family

Inheritants of Daoud Jeries Shaheen

Elias Jeries Al Hathwe and his brothers

Laila Awad Mitri Ghneim

Jabra Saleem Rezeqallah

Anton Elias Abu Shawriya

Jeries Jabra Al Hathwe and his Brother Anton

Inheritants of Farah Jeries Makhlouf

Emil George Ayyoub and his brother Farid

Block Saleh Yousif Elias Kharoufeh number 2 Haneh Issa Hana Al Hathwe

Hana Ibrahim Sa'ed Al Shatleh Under T/24/06 construction Johnny Nicola Saleh Al Mukarker

Haytham Elias Saleh Al Mukarker

Nicola Anton Nicola Kharoufeh

18 Admon Habib Ibrahim Shehada

Imad Suleiman Salameh Al Mukarker

Issa Jamel Jeries Al 'Alam

Hana Yousif 'Abed Allah Al Tareh

'Azezeh Jeries Rabi'

Riyad Fared Elias Abu Muher

Laila Jabra 'Atta Allah Khaliliya

Suleiman Salameh Suleiman Al Mukarker

Jabra Ruky Elias Salah

Karim Saba Andria Al Hathweh

Naela Saba Andria Al Hathweh

Ibrahim Jeries Hana Lolas

Iskandar Nicola Iskandar Bader

Madeline Hana 'Abed Allah Al Mukarker & Khader, Fared Al Mukarker and brothers

Samir (Bishara) Hana Zakariya Hananiya

Helena Sim'an Al A'raj

Khader Nicola Ibrahim Al Shatleh

Osama Nicola Ibrahim Al Shatleh

Jeries Jabra Jeries Al Hathweh

Anton Jabra Jeries Al Hathweh

George Musa Elias Mitwasy

Carol Tawfiq Yousef Dabdoub

Laila Anton Yousif Sansour

19 Mo'ayad Jabra Shehada Mitwasy

Johnny Yousif 'Abdo Jad'on

Yousif Salim Yousif Al Masu

Raed Kamil Nasef Zraneh

Jeries Na'im Nasef Zraneh

Sameh Nasef Hana Zraneh

Majed Nasef Bahjat Zraneh

Ghazi Nasef Hana Zraneh

Samir Bishara Jad Allah Kharoufeh

Sofi Elias Hana Kharoufeh

George Jeries Elias Kharoufeh

Elias Na'im Jeries Al Husein

Jacob Wadi' Jeries Al Husein

Nayef Ibrahim Mahmoud Manasra

Fuad Habib Yousif Mura

Walid Hana Habib Mura

George Zakhariya Elias Zraneh

George Mekha'el Zaghmout

'Abas Ahmad 'Ali Mesleh

Muner Nakhleh Jad Allah Abu Jrais

The inheritance of Jabra Dukmak

Majed Al 'Arja

Su'ad Jarayseh

20 George Al 'Araj

Block Muqus Fuad Ibrahim Al Mukarker & brothers number 2 Fared Ibrahim Hana Al Mukarker

Khader Fared Ibrahim Al Mukarker

Johnny Fared Ibrahim Al Mukarker

Imad Fared Ibrahim Al Mukarker Al Walaja T/25/06 passage Jamal Fared Ibrahim Al Mukarker

Essam Fared Ibrahim Al Mukarker

Saqer Muhammad Mahmoud Ramadan

Johnny Issa Elias Bandy

Muqus Fuad Ibrahim Al Mukarker & Khader

Jacob Abu Amsha

Yousif Elias Al Shatleh

George Mekha'el 'Atta Allah Rashmawi

Riyad Fared Abu Muher

Na'im Judeh Hana Abu Sa'ed

Nader Abu Ghattas

T/62/06 Mitri Mina Qasasfeh

Haneh Khalil Al Tet

Makhleh Abu 'Eid

Mubarak family

Al Najar family

Issa Khaliliya

21 Al Quntar family

The inheritance of Zakhariya Zraneh

Saleba Zeidan

22