Memorandum submitted by Al-Haq: Law in
the Service of Man[13]
The Impact of Israeli Settlements on the
Occupied Palestinian Territories[14]
BACKGROUND TO
ISRAELI SETTLEMENT
POLICY
1. Irrespective of changes in Israeli governments,
since 1967, the Israeli settlement of the Occupied Palestinian
Territories (OPT) has continued unabated. The primary basis of
this policy is to ensure that Israel's acquisition of these territories
is made permanent, creating facts on the ground that would preclude
the formation of a viable Palestinian state. By extending all
facets of Israel's domestic jurisdiction to the settlements, the
de-facto annexation of the territory is achieved through
the incorporation of these colonial settlements into the Israeli
national system.
2. The current Israeli government, like
its predecessors, strongly supports colonization in the OPT through
expansion of existing settlements and the construction of new
ones, as well as settler outposts. The Israeli government, in
effort to encourage Israelis to take up residency in settlements,
provides a number of financial incentives. These include a reduction
in income tax, subsidised mortgages, and cheaper rates for water
and electricity. The continued growth of settlements in the OPT
is shown by figures provided by the Yesha Settlers Council. The
number of Israeli settlers in the West Bank (excluding Jerusalem)
and Gaza at the end of 2002 was stated as 226,028. This figure
represents a rise of nearly 6% over the previous year. Over 250
Israeli settlements have been built in the OPT since 1967, some
of which are within Palestinian residential areas, as is the case
in the old city of Hebron in the Southern West Bank.
THE DISCRIMINATORY
NATURE OF
ISRAEL'S
SETTLEMENT ENTERPRISE
3. The discrimination inherent in Israel's
settlement policy is institutionalised in the laws, procedures
and practices of the Israeli military authorities operating in
the OPT. By upholding the rights of settlers, while at the same
time deliberately denying the same rights to Palestinians, the
Israeli government is clearly guilty of employing double standards.
The issue has been raised by the Human Rights Committee, the implementing
body of the International Covenant on Civil and Political Rights:
The committee is concerned that Palestinians
in the Occupied Territories who remain under the control of Israeli
security forces do not enjoy the same rights and freedoms as Jewish
settlers in those territories, in particular in regard to planning
and building permits and access to land and water. The committee
is also concerned at the policies of confiscation of lands and
settlement in the OT. The committee recommends that coordinated
and targeted efforts be made to establish basic standards that
are applicable equally to all persons under the jurisdiction of
Israel. [15]
EXPROPRIATION OF
PALESTINIAN LAND
4. The expropriation of Palestinian lands
for the construction of settlements and the exploitation of water
resources in the West Bank for settler use are further examples
of discrimination. Palestinian land is also being expropriated
for the building of settler bypass roads that connect the Jewish
settlements to each other and to Israel. While according to the
Oslo Agreements, the building of these roads on Palestinian land
was claimed to be for the use of both populations, the Israeli
military authorities have banned most Palestinians from using
these roads and have restricted them exclusively for the use of
Jewish settlers in the OPT. Palestinian cars with Palestinian
license plates using the by-pass road networks are prohibited
from using these roads to facilitate access to their own villages,
towns and cities. The Committee on Economic Social and Cultural
Rights noted the following in its concluding remarks to Israel
in May 2003:
Despite State party's obligation under article
11 of the Covenant, the Government of Israel continues to expropriate
Palestinian lands and resources for the expansion of Israeli settlements.
Thousands of dunams (1 dunam equals 1,000 square meters) of
land in the West Bank have recently been confiscated to build
20 new bypass roads which cut the West Bank towns off from outlying
villages and farmlands. The consequences—if not the motivation—is
to the fragmentation and isolation of Palestinian communities
and facilitation of the expansion of illegal settlements. The
committee also notes with concern that while the Government annually
diverts millions of cubic meters of water from the West Bank Eastern
Aquifer Basin, the annual per capita consumption allocation for
Palestinians is only 125 meters while settlements are allocated
1,000 cubic meters per capita.[16]
5. In addition to the expropriation of Palestinian
land and water resources for the benefit and use of Jewish settlements,
we witness further destruction of Palestinian agricultural land
through the pollution of the environment. Industrial wastewater
and sewage from settlements and their industrial zones are being
pumped or allowed to run onto Palestinian agricultural land in
the West Bank and the Gaza Strip. One important example is the
Bitar settlement west of Bethlehem in the West Bank and close
to the Palestinian village of Nahaleen. On August 12, 2003, settlers
from the Bitar settlement opened two sewage pipes, each 10 inches
wide, and allowed raw sewage to pour onto the agricultural land
of Nahaleen for two weeks. This resulted in the destruction of
100 over dunams of land used for agriculture and for the grazing
of approximately 1000 goats, thus depriving the residents of the
village of their major source of income. The runoff also penetrated
an underground spring, which is the primary source of drinking
water for the village.
TOLERANCE OF
SETTLER VIOLENCE
BY ISRAELI
AUTHORITIES
6. Such practices are also combined with
Israel's compliance and/or tolerance of settler violence against
the Palestinian civilian population. Al-Haq has documented numerous
cases from survivors and eyewitnesses concerning different forms
of settler violence, including killings, injuries, beatings, destruction
of property and vandalism, most of which are tolerated by both
Israeli soldiers and police.[17]
There is enough evidence to suggest that such violations are not
taken seriously by the Israeli authorities that have the responsibility
under the 4th Geneva Convention as the occupying power to protect
Palestinian civilians in areas under their control. We believe
that there exists a policy, albeit unofficial, of tolerance towards
the attacks perpetrated by settlers against Palestinians. In a
number of reported incidents, Israeli soldiers and border police
have actively assisted settlers in carrying out attacks. [18]
RECOMMENDATION
7. The illegality of Israel's settlement
policy according to international law has been recognized by the
Security Council, the General Assembly and the United Nations
Commission on Human Rights. The prohibition on transfer of civilians
into occupied territory is accepted by the international community
as proscribing Israel's settlement of the OPT.[19]
It is also recognized by the international community that Israel
has a duty to ensure the safety of the civilian population in
the OPT. Its failure to do so contravenes its obligations under
both international human rights law and international humanitarian
law.
8. Britain is a High Contracting Party to
the 4th Geneva Convention and has a legal obligation under Article
1 of the Convention to "respect and ensure respect"
for the Convention. As such, it must take immediate measures to
ensure the protection of the Palestinian civilian population and
to work with the International Community towards the dismantling
of Israeli settlements. The measures are required if a just and
durable solution is to be found to the Israeli-Palestinian conflict.
An annex to this memorandum—details
of a petition to the Israeli High Court of Justice for an Interim
Injunction against Israeli soldiers and police complying with
settler violence against Palestinian civilians—has not been
printed. A copy has been placed in the Library.
October 2003
13 Al-Haq is a Palestinian human rights organisation,
the West Bank affiliate of the International Commission of Jurists
and has consultative status with UN ECOSOC. Al-Haq was established
in 1979 with the aim of upholding the rule of law and respect
for human rights in the 1967 Occupied Palestinian Territories.
For more information about Al-Haq, and the human rights situation
in the Palestinian Territories, please visit our website: www.alhaq.org Back
14
Al-Haq is currently finalising a study on settlements in the OPT.
The study provides extensive documentation of settler violence
against Palestinians and the impact of this violence on everyday
Palestinian life. (A draft of the study is available upon request). Back
15
UN Official Document No. (CCPR/C/79/Add.93, 18 August 1998, Para.
13). Back
16
UN Official Document No. (E/C.12/1/Add.90, 23 May 2003, Para.
18). Back
17
Al-Haq has recently filed a petition with 12 individual petitioners
to the Israeli High Court of Justice against Israeli police and
soldiers who either comply with or tolerate settler violence against
Palestinian civilians in the H2 area in Hebron, which is completely
under the control of the Israeli Military Authorities. The petition
is still pending in the court. See Appendix. Back
18
Available in Al-Haq's files are numerous affidavits and reports
that support this argument. Back
19
According to Article 49 of the 4th Geneva Convention, the "Occupying
Power shall not deport or transfer parts of its own civilian population
into the territory it occupies." Back
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