1 May-31 August 1999

EUROPEAN UNION WATCH ON SETTLEMENT ACTIVITIES

The following report, which covers the May-August 1999 period, and was released in December, was produced by the Settlement Watch unit of the European Union. It shows the extent and pace of Israeli settlement activities in the Palestinian territories during the three first months of the Israeli Prime Minister Barak's government.

Executive Summary

A. The EU continues to oppose Israeli Settlement activities in the occupied territories as being illegal and an obstacle to peace. It contravenes the 4th Geneva Convention, which in article 49, paragraph 6, states that "the occupying power shall not deport or transfer parts of its own civilian population into the territory it occupies". The participants of the Conference of the High Contracting Parties to the 4th Geneva Convention in Geneva on 15 July "reaffirmed the applicability of the 4th Geneva Convention to the Occupied Palestinian Territory , including East Jerusalem. Furthermore, they reiterated the need for full respect for the provisions of the Convention in that Territory". The European Union Heads of State and Government have urged both parties to refrain from activities which prejudge the outcome of the final status negotiations and from any activity contrary to international law) including settlement activity such as the construction of new settlements as well as the expansion of already existing ones, the expropriation of land and the construction of bypass roads.

B. The Settlements Watch is produced by the European Union Consulate Generals in Jerusalem and the Representative Offices in the Palestinian Territories, as agreed with the European Union Heads of Mission in Tel Aviv. It draws on official statements reports from NGO's and the Press (both Israeli and Palestinian) and local expertise. The missions have aimed for the highest degree of accuracy possible, although statistics on settlement, expansion are often subject to controversy. The following summarizes the Watch Report 1 May-3l August 1999.

C . Since the signing of the Wye River Memorandum on 23 October 1998 until the Israeli elections on 17 May, settlers in the West Bank have put up new settlements outposts on at least 19 previously empty hilltops raising the number of such  settlement outposts since 1996 to at least 42. Prior to the inauguration of the newly elected government on 6 July the outgoing government retroactively granted approval to nearly all the new settlement outposts which had been established since the signing of the Wye Memorandum. Under the outgoing government the creation of new settlement outposts and the expansion of existing settlements has continued unabated. Shortly before the Israeli elections the Knesset Finance Committee approved NIS 13 Millions. for building measures in settlements.

D. During his election Campaign as well as after the elections, PM Barak has declared that settlers will remain under Israeli sovereignty. The new government has committed itself not to create any new settlements. In this regard the Basic Guidelines of the new Israeli government state: "Until the status of the Jewish communities in Judea, Samaria and Gaza is determined, within the framework of the permanent settlement, no new communities will be built and no existing communities will be detrimentally affected". The new government has dismantled One settlement outpost which was established shortly after it took office. No new settlement outposts have since been registered. The Ministerial Committee on Settlements appointed and to be chaired by PM Barak according to the coalition agreement will include Ministers of One Israel" Yisrael Ba'Aliya. NRP, Meretz, Shas and the Center Party . It has not yet taken a decision on how to handle the issue of the settlement outposts established during the tenure of the previous government.

E. Regarding existing settlements the Basic Guidelines proclaim: "The Government will work to ensure the security of the Jewish residents in Judea,Samaria and Gaza, and to provide regular government and municipal service equal to those offered to residents of all other communities everywhere" Constructions within existing settlements continued after the new government took office. In an interview with an Israeli newspaper Barak said in the final status agreement he would agree to evacuate isolated settlements and transfer their inhabitants to "settlement blocs".

SETTLEMENTS IN JERUSALEM AND THE SURROUNDING AREA

1. After a 3 month stop due to excavations by the Antiquites Authority, bulldozers cleared land on the14-16 dunum plot at Ras Al-Amud adjoining Jerusalem's Mount of Olives burial ground owned by the American millionaire Irving Moskovitz. On this, Irving Moskovitz intends to build, with the approval of the Israeli government, a structure complex including 132 apartments, a shopping center, a synagogue, and a kindergarten.

2. In end of May the outgoing Defense Minister Moshe Arens approved a Plan known as E 1 annexing an area to the Ma'ale Adummim settlement and connecting Ma'ale Adummim with Jerusalem. This plan would add to Ma'ale Adummim 47 square km (47.000 dunums) by annexing land from five  Palestinian villages located in the Greater Jerusalem area and others located in the West Bank totaling a population of 40.000. The largest (ca, 25.000 settlers) and the first West Bank settlement to be declared a city in 1992 would become part of the extended municipal boundaries of Jerusalem.

.Settlements in the West Bank

3. On 23 May the Civil Administration began marking new municipal boundaries for Qiryat Arba. including land previously declared to be beyond the settlements municipal limits and claimed by Palestinian owners. According to the spokesman for the Civil Administration, markings have only been approved on "Government owned land".

4. On 9 May the Civil Administration deported five settlers from an illegally established outpost 1 km from Shevut Rahel settlement and towed away the bus in which they were housing, An eviction notice was also issued to the settlers of the settlement Givat Erez near Ma' ale Mikhmas.

5. On 25 May a new settlement outpost called "Achuzat Shalbevet" 'was discovered about 600 meters west of the settlement of Yizhar consisting of a tent and a building with a generator. Young settlers sleep at this point, taking turns.

6. On 25 May another settlement outpost was discovered at 2.8 km east of Itamar, about 500 meters south of Gidonim A, a settlement outpost established just prior or shortly after the signing the Wye Memorandum. This point, consisting of two buildings, a generator and a water tank, is another settlement in a row of recently created settlements on road built by settlers leading from the east of Itamar along the mountain ridge to the area of Mechora In the Jordan Valley.

7. There are also signs of permanency discernible at settlement outposts which had previously borne a provisional character consisting only of tents and vehicles: At HiIl777 near Itamar, four new caravans have been brought in and perimeter lighting installed around the hill. A big wooden building is added to Beracha B (Beracha South),

8. The Israeli press (Haaretz 14 June) reports about a new Israeli plan to build 1000 housing units at Ariel settlement near Salfit. The 1.000 new units will increase the number of housing units in Ariel from 4.000 to 5.000. 477 of the housing units are already under construction. The Director General of the Ariel Economic Co-operation is quoted as saying that the construction of these units within the next two years has been approved.

9. Arab press (AI-Quds 22 June) reports that thousands of acres owned by Palestinian families in Jenin District have been expropriated by the Israeli authorities. According to a military order 185 plots or over 500 dunums were confiscated at Silat EDaher village. El Fandaqumiya village as well as Attara and Birzeit are affected by the expropriation order

10.On July the Supreme Court Justice ordered a freeze on the new settlement of Northern Zofim until the court decides on its status following a petition by Palestinians of the village of Jiyus. They had appealed the decision of the Planning committee of the local Civil Administration to expropriate residential and agricultural lands for the new settlement.

11. On 8 July the Housing Ministry issued a tender for the construction of 589 apartments in Betar settlement. On 29 July it issued another tender for 500 apartments in the same settlement.

SETTLEMENTS IN JORDAN VALLEY

12. In July Plans for the expansion of the settlements Phazael, Tomer and Na'amat are published in local Israeli newspapers and submitted for objections to the public.

SETTLEMENTS IN GAZA

13. In Maya tender for building in the Nereit Dkalim settlement was issued.

OTHER SETTLEMENT RELATED ISSUES

Bypass Roads

14. On 20 July the new government for the first time approves construction of "Bypass Roads" the section of the cross Samaria road from the Tapuach settlement to the East (Dooma. bisect road) and two sections of the Ramallah-Nablus road (Route 60).

GOLAN HEIGHTS

15. After his electoral victory on May 17, Barak reaffirmed his willingness to seek negotiations with Syria on the basis of UN Security Council resolutions 242 and 338, thus implying his readiness to territorial compromise on Golan Heights. The basic guidelines of the Barak government do not deal specifically with the future of settlements on the Golan. However, separate coalition agreements with NRP and Israel B'Aliya reportedly include a clause which reaffirms the government's willingness to continue to look after the needs of Golan settlements. The government guidelines also point out that there will be a referendum on any peace treaty with Syria.

Another interesting feature of the Knesset elections was the failure of the Third Way, the party which opposed any territorial concession on the Golan Heights and which had a stronghold amongst the Golan residents, to overcome the 1.5 percent entry hurdle to the Knesset. Only 14 percent of the Golan residents cast their vote for the Third Way.

There was a report in the Hatzofe newspaper on August 19 about a new permanent settlement on the Golan located by the mountain Nimrod Dov. The new settlement called Nimrod used to be a military base. Officially, the settlement is part of Kibbutz, Ortal. According to the source, four families were living there already and two new families were expected to move in soon.