Statement on By-Pass Roads

by

Land and Water Establishment

24 August 1995

On 22 August 1995, Land and Water Establishment presented its petition to the Israeli High Court demanding an immediate halt to construction activity on the by-pass roads currently under construction in the north of the West Bank.

Two roads are planned for the north:

The first is intended to link the military installation built outside of Nablus on Mt. Ibal to the settlement of Shavei Shomron. This road will pass through the lands of Aseera a Shamalia, Zawata, Beit Iba, Deir Sharaf and Naqoura villages.

The second will link Kadim and Ganim settlements, in the Jenin area, to Israel. The road will mean the destruction of lands from Deir Abu Da'eef, Arraneh, and Al Jalameh villages.

It is important to note that this land, mainly agricultural, has not been confiscated. It is being "used" only for the planned redeployment of the Israeli army from populated Arab areas.

The petition submitted by Land and Water Establishment points out that these roads effectively enclose Palestinian villages, cutting them off from the major towns and agricultural areas and allowing the Israeli army to maintain exclusive control of these Palestinian populated "enclaves".

The petition also states that this type of land confiscation contradicts an earlier court order in 1982, which ruled that it is forbidden to confiscate the local population's property for permanent use. This is the third time that LAWE has presented a petition to the High Court objecting to the construction of by-pass roads, and it successfully stopped construction in one case in May.

LAWE would like to point out that the Israeli government has stipulated that the scheduled redeployment cannot take place while there are pending court cases concerning the by-pass roads. Nevertheless, Land and Water Establishment will continue to pursue legal channels to defend the right of Palestinians to own and use their land, and to challenge the construction of these illegal by-pass roads.

The High Court has declined thus far to issue a decision concerning the case.

Land and Water Establishment is a non-governmental organization, dedicated to preserving human rights through legal advocacy. Their activity concentrates on land confiscation, property destruction and environmental issues.