29 May ’08: Justice Ministry skews facts in response to World Bank report

On 30 March 2008, the Justice Ministry published a response to a World Bank report on the effects on the Palestinian economy of Israel's restrictions on movement in the West Bank. In an attempt to counter the report’s findings, the Ministry distorted a considerable amount of data and even falsified certain details.

Forbidden roads

A marked example of such falsification is the Justice Ministry’s claim that “on occasion, access to certain roads is restricted in the face of a real security threat. However, as soon as such a threat no longer exists, such restrictions are lifted.”

In reality, over 300 kilometers of roads in the West Bank are either partially or completely restricted for the use of Palestinians, on a permanent basis, regardless of any specific threat. Following are three cases of roads from which, contrary to the abovementioned claim, restrictions have not been lifted even after the threat they were meant to counter ceased to exist (these cases constitute examples only and not a comprehensive list).

1. The Qedar – Ma’ale Adumim road, which runs from the south of the West Bank to the north. The road starts at Beit Sahur, near Bethlehem, passes by the entrances to the settlements Qedar and Ma'ale Adumim, and continues to the Qalandiya checkpoint, north of Jerusalem. Since the beginning of the intifada, the part of the road north of the Container checkpoint, which runs to Ma'ale Adumim, has been closed to Palestinian travel. About three years ago, an alternative road was built for residents of the Qedar settlement, who no longer use the old road. Despite this, Palestinian travel is still not allowed and at present, no cars use the road. The road lies empty, while Palestinian vehicles traveling north of the Container checkpoint are still directed to the narrow and defective roads running through a-Sawahrah a-Sharqiya, Abu Dis, and al-'Eizariya.
   
   
   
2. Route 60, which runs north-west of Ramallah and passes by the Shavey Shomron settlement. East of Shavey Shomron lies a checkpoint where soldiers block almost all movement from the village of Deir Sharaf northward towards Jenin and the other villages and towns in its vicinity. The road was supposedly closed due to construction of the Separation Barrier east of the settlement and the adjacent army base, but the construction ended long over a year ago. However, the road remains closed. As a result, Palestinians must travel dozens of additional kilometers despite no security need being served.
   
   
   
3. The road from Kharbatha Bani Harith to Ras Karkar, west of Ramallah. The boulders placed at the exit from Kharbatha Bani Harith in the direction of Ras Karkar (the "Post Intersection") prevent direct travel of residents from the nearby villages (Kharbatha, Deir Qadis, Ni'lin) eastward, in the direction of Ras Karkar and Ramallah. Among other things, the obstruction severs the villages in the area, which have close ties between them. The residents have to use bypass roads that lengthen the journey, although they ultimately reach the part of the road to which the obstruction blocks access (Route 463), so that the obstruction is devoid of any security benefit.

Two other roads that are restricted for use of Palestinians are Route 443, from Maccabim checkpoint to Jerusalem, and the Negohot road, running east-to-west through the Beit ‘Awwa intersection. The movement restrictions on these roads, whose purpose is to ensure convenient, speedy and secure travel of Israelis while separating them from Palestinian traffic, are the subject of two petitions filed to the Israeli Supreme Court by the Association for Civil Rights in Israel.

The Justice Ministry took an especial liberty in suggesting a comparison between the prohibition on Palestinians using certain roads and the prohibition on Israeli citizens from using roads in Area A. As Israeli citizens, including settlers, do not enjoy the status of protected persons in the Occupied Territories under the Fourth Geneva Convention, and as the establishment of civilian settlements in the area is in contravention to the convention and therefore illegal, this comparison is irrelevant.

Planning and building

The Justice Ministry further distorted facts in its discussion of building in Area C. On this matter, it noted that the Israeli Civil Administration has, over the years, approved over 400 building plans for Palestinians. However, no details were provided regarding the scope of these plans and whether or not they include building permits for private housing or for the expansion of existing residential buildings.

A house in the village of Qarawat Bani Hassan That Israel demolished in 2007 under the pretext of unauthorized building. Photo: ‘Abd al-Karim a-Sa’adi, B’Tselem.

It is unquestionable that 400 building plans approved “over the years” are insufficient and cannot answer the actual need for expansion in the Palestinian villages in Area C, a need that stems from the natural growth of the population in the area.

Moreover, the Ministry’s comment regarding “ample space in Areas A and B for the expansion of existing towns and villages, and even for the establishment of new cities” is outrageous. It implies that Palestinians residents of Area C should relocate to Areas A and B in order to be able to expand their houses so that these can accommodate all family members. The only conclusion to be drawn from this statement is that, according to the State of Israel, Area C is not a legitimate area for Palestinians to live and expand on, in spite of it having been their home for hundreds of years. The statement further ignores the fact that as a rule, Palestinians in rural communities in the West Bank live and build their homes on their privately owned land. Renting flats or houses in the city is not a viable option for many of them.

The reference to the “efforts made by the Civil Administration to ensure that the rights of Palestinian land owners are not violated” misrepresents reality yet again. So-called illegal outposts are built on Palestinian private lands with the acquiescence, and in many cases active participation, of Israeli authorities (as is widely documented in the Sasson Report). Israel’s continuous evasion of its obligation to evacuate these outposts serves as further evidence for the lack of respect for, and protection of, Palestinians’ property rights.