Dealing with destruction
100. Damage and destruction of donor-provided assistance
needs to be recorded. Not only will this help future planning,
it will enable representations to be made to Israel seeking either
compensation, and/or assurances on protection of assets. Such
information may have a role to play in final settlement negotiations
between the two sides: the PA's Negotiation Affairs Department
is already involved in documenting destruction and land appropriation
relating to the construction of the barrier. HealthLink WorldWide
have stated: "Findings need to be analysed, communicated
and acted upon to ensure that there is flexibility in responding
to unplanned needs and building a catalogue of evidence to use
in future discussion with the Israeli and Palestinian authorities".[207]
The EU has been efficient in documenting damage to projects. Although
DFID does not directly invest in infrastructure development in
the same way as the EU, it makes contributions to UNRWA and NGOs
and they have reported losses in respect of equipment, buildings
and staff time.[208]
Some NGOs already try to document destruction and wastage and
have made suggestions for the standardising this process.[209]
NGOs such as ICAHD document demolition of Palestinian property.
UN OCHA has a strong monitoring role in respect of checkpoints,
movement restrictions, demolition and land confiscation. A
future Palestinian state may be in a position to press for compensation
or reparations, but this could only happen where destruction has
been documented. DFID should investigate the possibility of its
assistance to the PA being used for the systematic documentation
of destruction.
101. So far there has been only one case in which
compensation has been paid by Israel. This was for damage to the
contents of a WFP warehouse.[210]
Seeking compensation seems to have limited effect. It can also
be difficult legally, because of the transfer of ownership of
infrastructure from donor to recipient upon completion of the
project. The European Commission told us that, in many cases,
ownership of buildings and other infrastructure had been handed
over to the PA:
"These projects have been transferred to the
ownership of the final beneficiary, whether it is the Palestinian
Authority or a public or private body and the EU or Member States
no longer own these. So it is very difficult legally to see what
redress could take place. Ownership has already been transferred."
[211]
102. Rather than concentrating solely on compensation,
donors that invest in physical infrastructure should seek guarantees
that it will not be damaged. It has been reported in the press
that the US Administration has sought such assurances following
the destruction of new USAID-built wells in Gaza.[212]
Dr Mohammed Shadid of the Welfare Association told us:
"The NGOs are very nervous about the destruction
of their property and assets which enable them to deliver services
to the community. They hope and expect the donor community to
make representations to the Israeli government not to do it again,
rather than compensation. They feel that this is far more effective
than getting involved in claims and counterclaims".[213]
Jeff Halper pointed out that there has never been
any compensation for Palestinians whose homes have been demolished
or land confiscated. It is therefore unlikely that assurances
could ever be obtained to prevent further demolition. This heightens
the need for systematic recording of land appropriation and house
demolition, as the PA may want to seek compensation at the point
of final negotiations.
MASHAV
103. In Jerusalem we met MASHAV, DFID's Israeli equivalent.
MASHAV have an impressive range of technical expertise and are
particularly strong in the area of water sourcing and irrigation.
They are involved in projects in Africa and Central Asia. MASHAV
officials highlighted their strengths in combating desertification
and emphasised the relevance of their expertise for the Palestinian
Territories and Jordan. Although MASHAV's remit does not extend
to development in the OPT, before the intifada, MASHAV
ran training programmes involving more than a thousand Palestinians
every year. This was seen as a way of strengthening the peace
process: taking people with common interests and encouraging them
to work together. Since the recent escalation of military occupation
all cross-community activities involving MASHAV have stopped.
We would like to see this kind of co-operation encouraged during
any negotiations, not least because MASHAV's expertise could make
a contribution towards building a future Palestinian state as
a viable, stable neighbour for Israel.
187 Qq 3, 79 Back
188
Ev 121 Back
189
Q 91, Ev 88, Ev 106, Ev 121, Ev 130, Ev 173, Ev 191, Ev 232, Ev
256, Ev 289 Back
190
Ev 125 Back
191
World Bank, Op. Cit. May 2003, page 19 Back
192
Q 91 Back
193
Q 79 Back
194
Q 79 Back
195
'Israel Destroys US-built wells', The Independent, 5 November
2003 Back
196
Ev 267 Back
197
Ibid. Back
198
Ibid. Back
199
Ev 267 Back
200
Ev 137-8 Back
201
Ev 135 Back
202
Israel army warned by UN for shooting at aid workers, The Independent,
28 November 2003, Aid donors warn Israel on occupied territories,
Financial Times, 28 November 2003 Back
203
Q 84 Back
204
Q 84 Back
205
Meetings in OPT, October 2003 Back
206
Q 84 Back
207
Ev 130 Back
208
Ev 121-5 Back
209
Ev 130 Back
210
Q 50 Back
211
Ibid. Back
212
Israel destroys US-built wells, The Independent, 5 November
2003 Back
213
Q 91 Back