
A Review of the Recent Human Rights Record of the Israeli Government and the Palestine Liberation Organization in the West bank and the Gaza Strip
Khader Shkirat
A paper submitted to Pax Christi International Conference
on Internation Human Rights Enforcement:
The Case of the Occupied Territories Under Political Transition
September 17, 1994
There is a need for more research and discussion because of the flexibility and dynamism that land confiscation and house demolition have, besides that of the violation if the ownership right. For the Israeli inhabiting operation in the occupied territories is like moving sands in the matter of the size of land confiscation, number of settlements and residential units, the size of the annual settling investments and privileges that the settlers have.
If we take a look of what occurred of land confiscation or house demolition since Madrid until Oslo reaching the Cairo agreement up until today we shall find out that the changes are as follows:( please refer to the attached table):
The period between Madrid and Oslo was characterized by the changing of the Israeli Government when the Labor Party took over the government from the Likud party.
The confiscation, during the Likud period, took place under different pretenses. The main confiscation came under the pretense of the general interest for military and security reasons, then the announcement that the confiscated lands are state lands. When the Labor Party took over the government in July 1992 and despite the statement that Rabin gave during his election campaign about the possibility of freezing the political settlements and keeping the military ones, the government continued confiscating lands, demolishing houses and settling. The only difference in the policy of the Labor Party is the announcement of state lands. This was stopped under the authority of the labor party and another way was used which was wider and more dangerous; and that is allowing the settlers to attack lands and enlarge their settlements without informing the owners of the land or showing any official statements, except in one case which took place in the ( Nevy Samuel ) area in northern Jerusalem when it was announced that 370 Dunums were confiscated. Not that only but other ways were used and those are the announcements of new confiscation for thousands of Dunums but using old-dated orders; that is , the announcement will be given today but will be said to have been issued since five years or it is an order that was issued in the time of the Likud Party. this was a brief for the period between Madrid and Oslo. The period after Oslo until the Cairo agreement up until today is characterized by the most dangerous way and that is the confiscation under the pretense of Natural Protected Zone such as announcing the confiscation of around 14 thousand Dunums distributed among the north , center and south.
After the Cairo agreement and the arrival of the Palestinian Authorities into Gaza and Jerico The Israeli Authorities kept on following the old method. and the one that emerged most was the announcement in newspapers about enlarging the settlements along with using the new method of announcing the set up of quarries and crushing plants on enormous areas of land.
we can sum up the changes of these features and their characteristics through :
1- The continuation of settling ( inhabitation) and the enlargement of settlements officially and unofficially.
2- The announcement of enormous areas as Natural Protected Zones.
3- The concentration of those confiscation in the areas next to the green line which leads to changing this line.
4- The newest method of confiscating the primary natural resources although they are rare such as rocks.
5- The changing of the Natural Protected Zones into an extension of a settlement or into a set up for new settlements, like what happened in Abu Ghunem Mountain , the Rekhes Shu'fat Natural Protected Zone and the Nevy Samuel Natural Protected Zone.
6-the announcement of setting up new settlements and the enlarging of the old ones in Jerusalem.
As for the areas that are subject to the Palestinian authorities in Gaza and Jerico, the violation of the right of ownership took place in different ways from the Palestinian and Israeli sides. as for the Israeli violations in the autonomy areas , the Israeli government confiscated hundreds of dunums in Jerico under the pretense of security ways for Israeli settlers so they could go in and out of Jerico safely. This confiscation occurred with the knowledge of the Palestinian authority and without the knowledge of the land owners, and when we followed the case up lawfully ,the Israeli authorities and the judicial consultant replied that they are not responsible for those areas therefore they can not discuss them or follow them up. the Palestinian side also gave the same reply; that is that they are not responsible which created more complexities. This also happened in the area of Gaza where the confiscation of hundreds of dunums happened under the pretense of opening a new road for connecting the settlements together. These proceedings created many troubles for citizens and Palestinian lawyers in following them up. The Palestinian citizens thought that after the arrival of the Palestinian authorities there would be a new arrangement for their authority on land and that it would be possible for them to put an end to the Israeli abuses. When we knew about this and started helping the Palestinians, we found out that they thought that the solution of all their problems is in the hands of the Palestinian authority.
Moreover, the Giftlek area which is to the north of Jerico was an area where the Palestinian authority could expand because it is the most fertile land in the region . The Israeli government announced that around 12 thousand dunums of this agricultural area are a closed military area. And that contradicts with what was agreed upon in the Cairo agreement..
As for the violations of the Palestinian authorities, we have to be very specific about the difference in the attempts of seizing private properties between the Israeli authority and the Palestinian authority. The difference is that the reasons of violations inside the autonomy areas would sometimes be for reasons which the authority thinks is best for hundreds of people like absorbing the number of released prisoners and those who arrived newly from abroad. An example of this would be:
First: what happened when the authority told the house owners in the pretense that those were absentees' properties, therefore they have to empty those houses in order for others to live in them.
Second: their attempt to take away an agricultural training center by force which relates to one of the non- governmental establishments.
We do understand this humanitarian attitude but this does not justify the seizing operations and the violation of law without considering the simple procedures and legal principles in solving this issue. Also giving one of the Palestinian investors a license to open a tourist hotel in an archeological cite by the 'Ain As-Sultan Water Spring which led to exploding the spring (the only source of water in the region ) and this explosion polluted the basin.
All these violations are results of the absence of the ruler, laws and the dominance of the military method, in addition to the absence of the governmental structure and the legal reference. This legal gap has and still is creating violations that form a danger against the whole constructing operation of the new Palestinian society. We have warned before from this gap and its continuation which led to expanding the responsibilities of the Protective Security System; for example, solving the land fights among the citizens instead of the ruler. And this is what happened recently in Halhoul when the leadership of the Protective Security System / Hebron Branch issued an order to solved this problem and was not indisputable and could be appealed by the hurt party as it came in the details of the statement; therefore, it contradicts all the civil and legal principles even the common laws. It is not important for whose benefit the decision was issued , but this incident emphasizes our future movements; that is:
Are we heading towards a civil democratic society in which law dominates and people have equal rights under a fair law?
Here also, I would like to clear up a point and that is that people tend to refer to the Protective Security System to solve their problems because the authority did not establish any other judicial system yet. Therefore we hope that these features would not be repeated in other forms and that the Palestinian Authority would pay attention to the danger of putting peoples' lives in the hands of the Protective Security System. We also hope that these system will refer peoples' complaints to the specialized systems; that is to the Civil Administration of Justice, if there is a real will to have an authority, a State and a law.
Conclusion
According to what was said, the Israeli policy during the period of negotiations and after the agreement did not stop its settling raid in the occupied territories especially in the Arabic Jerusalem through imposing the policy of the Matter of Fact and making substantial changes in the features of the city. In order for them to be able to impose this policy they postponed the subject of settling until the last-stage-negotiations. The Hebron Massacre was the example of this policy. This massacre led to the division of the city and to imposing limits for the freedom of transportation of the inhabitants inside the city. This is away from house demolition which the citizens' houses are exposed to in Jerusalem and the lack of constructing licenses because the government does not give any, then the demolition of those houses that are not licensed. It has recently been announced that 260 houses will be demolished in the coming period.
Therefore, the Palestinian Israeli agreement did not achieve any progress concerning stopping or prohibiting the inhabitation raid. By turn this weakens the Palestinian position in the shadow of the confiscation operations that come in the pretense of the settlers' safety and opening up roads for them to avoid wandering in the Arab neighborhoods. It has recently been announced that a change in the circular line around Jerusalem has been started to prohibit people from the occupied territories to get into the city of Jerusalem.