Land Grab: Israel's Settlement Policy in the West Bank
Comprehensive Report, May 2002 Prepared by Yehezkel Lein of B’Tselem: The Israeli Information Center for Human Rights in the Occupied Territories
Historical Background
Since 1967, each Israeli government has invested significant resources in
establishing and expanding the settlements in the Occupied Territories, both in
terms of the area of land they occupy and in terms of population. As a result
of this policy, approximately 380,000 Israeli citizens now live on the
settlements on the West Bank, including those established in East Jerusalem
(this report does not relate to the settlements in the Gaza Strip).
During the first decade following the occupation, the Ma'arach governments
operated on the basis of the Alon Plan, which advocated the establishment of
settlements in areas perceived as having "security importance,” and where
the Palestinian population was sparse (the Jordan Valley, parts of the Hebron
Mountains and Greater Jerusalem). After the Likud came to power in 1977, the
government began to establish settlements throughout the West Bank,
particularly in areas close to the main Palestinian population centers along
the central mountain ridge and in western Samaria. This policy was based on
both security and ideological considerations.
The political process between Israel and the Palestinians did not impede
settlement activities, which continued under the Labor government of Yitzhak
Rabin (1992-1996) and all subsequent governments. These governments built
thousands of new housing units, claiming that this was necessary to meet the
"natural growth” of the existing population. As a result, between 1993 and
2000 the number of settlers on the West Bank (excluding East Jerusalem)
increased by almost 100 percent.
International Law
The establishment of settlements on the West Bank violates international
humanitarian law, which establishes the principles applying during war and
occupation. Moreover, the settlements lead to the infringement of international
human rights law.
International humanitarian law prohibits the occupying power to transfer
citizens from its own territory to the occupied territory (Fourth Geneva
Convention, article 49). The Hague Regulations prohibit the occupying power to
undertake permanent changes in the occupied area, unless these are due to
military needs in the narrow sense of the term, or unless they are undertaken for
the benefit of the local population.
The establishment of the settlements leads to the violation of the rights of
the Palestinians as enshrined in international human rights law. Among other
violations, the settlements infringe the right to self-determination, equality,
property, an adequate standard of living, and freedom of movement.
The illegality of the settlements under international humanitarian law does not
affect the status of the settlers. The settlers constitute a civilian
population by any standard, and include children, who are entitled to special
protection. Although some of the settlers are part of the security forces, this
fact has absolutely no bearing on the status of the other residents of the
settlements.
Taking Control of the
Land
Israel has used a complex legal and bureaucratic mechanism to take control of
more than fifty percent of the land in the West Bank. This land was used mainly
to establish settlements and create reserves of land for the future expansion
of the settlements.
The principal tool used to take control of land is to declare it "state
land.” This process began in 1979, and is based on a manipulative
implementation of the Ottoman Lands Law of 1858, which applied in the area at
the time of occupation. Other methods employed by Israel to take control of
land include seizure for military needs, declaration of land as "abandoned
assets,” and the expropriation of land for public needs. Each of these are
based on a different legal foundation. In addition, Israel has assisted private
citizens purchasing land on the "free market.”
The process employed in taking control of land breaches the basic principles of
due procedure and natural justice. In many cases, Palestinian residents were
unaware that their land was registered in the name of the state, and by the
time they discovered this fact, it was too late to appeal. The burden of proof
always rests with the Palestinian claiming ownership of the land. Even if he
meets this burden, the land may still be registered in the name of the state on
the grounds that it was transferred to the settlement "in good faith.”
Despite the diverse methods used to take control of land, all the parties
involved - the Israeli government, the settlers and the Palestinians - have
always perceived these methods as part of a mechanism intended to serve a
single purpose: the establishment of civilian settlements in the territories.
Accordingly, the precise method used to transfer the control of land from
Palestinians to Israel is of secondary importance. Moreover, since this purpose
is prohibited under international law, the methods used to secure it are also
unlawful.
Israel uses the seized lands to benefit the settlements, while prohibiting the
Palestinian public from using them in any way. This use is forbidden and
illegal in itself, even if the process by which the lands were taken were fair
and in accordance with international and Jordanian law. As the occupier in the
Occupied Territories, Israel is not permitted to ignore the needs of an entire
population and to use land intended for public needs solely to benefit the
settlers.
The High Court of Justice has generally sanctioned the mechanism used to take
control of land. In so doing, the Court has contributed to imbuing these
procedures with a mask of legality. The Court initially accepted the state's
argument that the settlements met urgent military needs, and allowed the state
to seize private land for this purpose. When the state began to declare land
"state land,” the Court refused to intervene to prevent this process.
The Policy of
Annexation and Local Government
The Israeli administration has applied most aspects of Israeli law to the
settlers and the settlements, thus effectively annexing them to the State of
Israel. This has taken place although in formal terms the West Bank is not part
of the State of Israel, and the law in effect there is Jordanian law and
military legislation. This annexation has resulted in a regime of legalized
separation and discrimination. This regime is based on the existence of two
separate legal systems in the same territory, with the rights of individuals
being determined by their nationality.
Local government in the settlements has been established on the basis of the
usual model inside Israel and is managed in a similar manner, ignoring the
relevant Jordanian legislation that should apply in the West Bank. Twenty-three
Jewish local authorities operate on the West Bank: three municipalities,
fourteen local councils and six regional councils, including 106 settlements
recognized as distinct communities. In addition, twelve settlements have been
established in the areas annexed to the Municipality of Jerusalem in 1967 -
areas in which Israeli law has been officially imposed.
The areas of jurisdiction of the Jewish local authorities, most of which extend
far beyond the built-up area, are defined as "closed military zones” in
the military orders. Palestinians are forbidden to enter these areas without
authorization from the Israeli military commander. Israeli citizens, Jews from
throughout the world and tourists are all permitted to enter these areas
without the need for special permits.
Encouragement of
Migration to the Settlements
The Israeli governments have implemented a consistent and systematic policy
intended to encourage Jewish citizens to migrate to the West Bank. One of the
tools used to this end is to grant financial benefits and incentives to
citizens - both directly and through the Jewish local authorities. The purpose
of this support is to raise the standard of living of these citizens and to
encourage migration to the West Bank.
Most of the settlements in the West Bank are defined as national priority areas
(A class or B class). Accordingly, the settlers and other Israeli citizens
working or investing in the settlements are entitled to significant financial
benefits. These benefits are provided by six government ministries: the
Ministry of Construction and Housing (generous loans for the purchase of
apartments, part of which is converted to a grant); the Israel Lands
Administration (significant price reductions in leasing land); the Ministry of
Education (incentives for teachers, exemption from tuition fees in
kindergartens, and free transportation to school); the Ministry of Industry and
Trade (grants for investors, infrastructure for industrial zones, etc.); the
Ministry of Labor and Social Affairs (incentives for social workers); and the
Ministry of Finance (reductions in income tax for individuals and companies).
The Ministry of the Interior provides increased grants for the local
authorities in the territories relative to those provided for communities
within Israel. In the year 2000, the average per capita grant in the Jewish
local councils in the West Bank was approximately sixty-five percent higher than
the average per capita grant in local councils inside Israel. The discrepancy
in the grants for the regional councils is even greater: the average per capita
grant in 2000 in the regional councils on the West Bank was 165 percent of that
for a resident of a regional council inside Israel.
One of the mechanisms used by the government to favor the Jewish local
authorities in the West Bank, in comparison with local authorities inside
Israel, is to channel funding through the Settlement Division of the World Zionist
Organization. Although the entire budget of the Settlement Division comes from
state funds, as a non-governmental body it is not subject to the rules applying
to government ministries in Israel.
The Planning System
The planning system on the West Bank, implemented by the Civil Administration,
is one of the most powerful mechanisms of the Israeli occupation. As with the
other bureaucratic systems, the planning system operates on two distinct
tracks: one for Jews and the other for Palestinians.
This system is responsible for transforming the map of the West Bank because it
is the planning system that approves the outline plans for the settlements and
issues building permits for the establishment and expansion of settlements and
for the construction of by-pass roads. Israel changed the composition of the
planning institutions on the West Bank and transferred numerous planning powers
to the Jewish local authorities, while expropriating these powers from
Palestinian planning institutions.
While facilitating Jewish settlement, the planning system works vigorously to
restrict the development of Palestinian communities. The main tool used to this
end is to reject requests for building permits filed by Palestinians. In most
cases, the requests are rejected on the grounds that the regional outline plans
- approved in the 1940s during the British Mandate - prohibit construction in
the relevant area of land. These plans do not reflect the development needs of
the Palestinian population, and the planning system deliberately refrains from
preparing revised plans. Houses built by Palestinians without building permits
are demolished by the Civil Administration, even in cases when the construction
took place on private land.
After the signing of the interim accord in 1995, planning powers in areas A and
B - which account for approximately forty percent of the area of the West Bank
- were transferred to the Palestinian Authority. While the vast majority of the
Palestinian population lives in these areas, the vacant land available for
construction in dozens of villages and towns across the West Bank is situated
on the margins of the communities and defined as area C. The Israeli planning
authorities continue to control planning and construction in these areas.
Analysis of the Map
of the West Bank
(B'Tselem's New Map of the West Bank)
The analysis of the map in terms of the geographical dispersion of the
settlements and their ramifications for the Palestinian population is based on
a division of the West Bank into four areas: three longitudinal strips
extending from north to south, and the Jerusalem area, which has its own unique
characteristics. This typology is applied solely for the purpose of analyzing
the map, and has no legal or administrative significance. Within each of these
areas, a distinction must be made between three types of land: land actually
occupied by the built-up area of the settlements; open land surrounding the
settlements and included within the area of jurisdiction of a specific
settlement; and land included within the area of jurisdiction of a regional
council, but not attached to any particular settlement.
The Eastern Strip includes the Jordan Valley and the shore of the Dead Sea. Approximately 5,400 settlers live in this area, mainly in kibbutzim and moshavim. With the exception of the Jericho enclave, almost the entire area of the Eastern Strip is included within the areas of jurisdiction of two regional councils: Arvot Hayarden and Megillot, which jointly occupy over 1.2 million dunam. The injury to the Palestinian population caused by the settlements in this area relates mainly to the restriction of possibilities for economic development in general, and agriculture in particular, resulting from the denial of the two resources required for this purpose: land and water.
The Mountain Strip is situated along the central mountain ridge that crosses the West Bank from north to south. Most of the settlements in this area were initiated by Gush Emunim. The population of the settlements totals approximately 34,000. Some of the settlements are dispersed in a string formation along Road No. 60 - the main north-south traffic artery in the West Bank. With the goal of protecting the safety of settlers in this area, the IDF imposes severe restrictions on the freedom of movement of Palestinians along this road, making it impossible to maintain normal everyday life. In addition, these settlements block, to a lesser or greater extent, the potential for urban development in the major Palestinian cities situated along the mountain ridge (Hebron, Ramallah, Nablus and Jenin).
The Western Hills strip extends from north to south, and is ten to twenty kilometers wide. The proximity of this area to the Green Line and to the main urban centers of Israel has created great demand among Israelis for the settlements in this area. The total population of the settlements in this area is approximately 85,000. The seizure of land limits the potential for urban and economic development in the Palestinian communities. The transfer of powers to the Palestinian Authority under the Oslo Accords has led to the creation of over fifty enclaves of area B in this area, as well as a small number of enclaves defined as area A. These areas are completely surrounded by area C, which remains under full Israeli control. As a result, these settlements interrupt the territorial contiguity of the Palestinian villages and towns located out along this strip.
The Jerusalem metropolis includes the settlements established in the area annexed to the Municipality of Jerusalem (these settlements are referred to as "neighborhoods” in domestic Israeli discourse), as well as the settlements around the area of jurisdiction of the city that function as satellite communities. The settlements in this area include approximately 248,000 residents. The ramifications of these settlements in terms of the Palestinian population vary in the different parts of the metropolis. The establishment of the settlements in East Jerusalem entailed the expropriation of extensive areas of privately-owned Palestinian land; the area of jurisdiction of the settlements in the area east of the metropolis (Ma'ale Addumim and the adjacent community settlements) dissect the West Bank into two parts; the settlements in Gush Etzion, located south of the metropolis, block the urban development of Bethlehem and sever it from the adjacent Palestinian communities.
West Bank into two parts; the settlements in Gush Etzion,
located south of the metropolis, block the urban development of Bethlehem and
sever it from the adjacent Palestinian communities.
Almost two million dunam of land seized by Israel over the years, mainly by
means of its declaration as "state land,” have been included within the
areas of jurisdiction of six regional councils, but not attached to any
particular settlement. Some of these areas, particularly in the Jordan Valley,
are farmed by settlers or used by the IDF as training zones. The vast majority
of this land, however, is empty, constituting reserves for the future expansion
of the settlements and the establishment of new industrial and tourism zones.
Conclusions
Israel has created in the Occupied Territories a regime of separation based on
discrimination, applying two separate systems of law in the same area and
basing the rights of individuals on their nationality. This regime is the only
one of its kind in the world, and is reminiscent of distasteful regimes from
the past, such as the Apartheid regime in South Africa.
Under this regime, Israel has stolen hundreds of thousands of dunam of land
from the Palestinians. Israel has used this land to establish dozens of
settlements in the West Bank and to populate them with hundreds of thousands of
Israeli citizens. Israel prohibits the Palestinians as a group from entering
and using these lands, and uses the settlements to justify numerous violations
of the Palestinians' human rights, such as the right to housing, to earn a
livelihood, and the right to freedom of movement. The drastic change that
Israel has made in the map of the West Bank prevents any real possibility for
the establishment of an independent, viable Palestinian state as part of the
Palestinians' right to self-determination.
The settlers, on the contrary, benefit from all the rights available to Israeli
citizens living within the Green Line, and in some cases are even granted
additional rights. The great effort that Israel has invested in the settlement
enterprise - in financial, legal and bureaucratic terms – has turned the
settlements into civilian enclaves in an area under military rule, with the
settlers being given priority status. To perpetuate this situation, which is a
priori illegal, Israel has continuously breached the rights of the Palestinians.
Particularly evident is Israel's manipulative use of legal tools in order to
give the settlement enterprise an impression of legality. When Jordanian
legislation served Israel's goals, Israel adhered to this legislation, arguing
that international law obliges it to respect the legislation in effect prior to
the occupation; in practice, this legislation was used in a cynical and biased
manner. On the other hand, when this legislation interfered with Israel's
plans, it was changed in a cavalier manner through military legislation and
Israel established new rules to serve its interests. In so doing, Israel
trampled on numerous restrictions and prohibitions established in the
international conventions to which it is party, and which were intended to limit
infringement of human rights and to protect populations under occupation.
The settlements are unlawful, and their presence leads to the violation of
human rights. Accordingly, B'Tselem demands that the Israeli government act to
vacate all the settlements. This process must take place while respecting the
human rights of the settlers, including payment of compensation.
Vacating all the settlements is obviously a complex and protracted task.
However, a number of interim steps can be taken to minimize the violation of
human rights and international law. Among other steps, the Israeli government
should:
·
Cease all new construction in the settlements, either
to build new settlements or to expand existing settlements;
·
Freeze the planning and construction of new by-pass
roads, and cease expropriation and seizure of land for this purpose;
·
Return to the Palestinian communities all the
non-built-up areas within the municipal boundaries of the settlements and the
local councils;
·
Abolish the special planning committees in the
settlements, and hence the powers of the local authorities to prepare outline
plans and issue building permits;
·
Cease the policy of providing incentives that encourage
Israeli citizens to move to the settlements, and direct the resources to
encourage settlers to relocate to areas within the borders of the State of
Israel