Israel restricts Palestinian lawyers’ access to West Bank detainees

Amira Hass | Haaretz

14 January 2010

Israel is prohibiting Palestinian lawyers and the relatives of Palestinian detainees from reaching a military tribunal via the Beitunia checkpoint west of Ramallah.

The prohibition, which has been in effect for the past three days, means that Israeli police are requiring Palestinians to use the Qalandiyah crossing 20 kilometers away, where they must produce an entry permit to Israel – which can take weeks to obtain – if they want to enter an Israeli military tribunal that is on West Bank land. The court lies 300 meters south of the Beitunia roadblock, and was built on land that is part of Beitunia.

The restriction contravenes a recent High Court of Justice decision opening Route 443 to Palestinian traffic.

The lawyers have declared a strike to protest the prohibition, and are not appearing in military court.

Military Judge Arieh Durani yesterday criticized the police for keeping the lawyers from adequately representing their clients.

“The court takes a very dim view of the authorities thwarting representation of detainees by not permitting their attorneys to cross at the checkpoint,” he said. He also imposed a NIS 1,000 fine on any lawyer who refrained from representing a client who is a minor.

Palestinians see the new rules as infringing on their rights as well as forcing them into de facto recognition of a border that is unilaterally determined by Israel. Since 1995, Israel has sought to make Qalandiyah the northern entry point of the so-called safe passage between the West Bank and the Gaza Strip. It is far from the Green Line and the Latrun area, where the Palestinians wanted the entry point to be. The entire area south of Beitunia has gradually become off-limits to Palestinians since 2000.

Although the Israel Defense Forces has general responsibility for the area, the Jerusalem police and the Border Police are in charge of the checkpoint. Police first closed the checkpoint three weeks ago, telling the lawyers and relatives they had to enter through the Qalandiyah checkpoint.

But even those who go to Qalandiyah still need an entry permit to Israel, with no assurance that it will be granted. Moreover, crossing at Qalandiyah involves a long wait and additional travel expenses.

The attorneys went on strike when the restrictions were first imposed, and sent a letter of protest to Attorney General Menachem Mazuz. A few days later, the checkpoint was reopened for those heading to the military court. However, at the beginning of the week the order was imposed again.

In 2001 the IDF completely blocked the road that links Beitunia with Ramallah and the surrounding villages. When the military court was moved in 2004 from Ramallah to the Ofer facility, the checkpoint was opened so that lawyers and relatives of the accused could get to the court.

No Israeli officials took responsibility for the checkpoint restrictions.

The IDF spokesman’s office told Haaretz to seek a response from the Israel Police. The Israel Police spokesman told Haaretz that the Jerusalem police and the Border Police are responsible for the passage of merchandise, not people, and that a response should be obtained from the Defense Ministry.

Are Israel and apartheid South Africa really different?

Akiva Eldar | Haaretz

4 January 2010

The Supreme Court ruled last week that route 443 must be opened to Palestinian traffic. (Reuters)

The day after the murder of the settler Meir Hai about 10 days ago, Major General (res.) Amos Gilad was asked to comment on the claim by settlers that the attack was able to take place because roadblocks had been lifted on West Bank roads. The security-political coordinator at the Defense Ministry told his radio interviewer that the policy of thinning out internal roadblocks has greatly contributed to the West Bank’s impressive economic growth. According to Gilad, who until recently was coordinator of activities in the territories, the improvement of the Palestinians’ economic lot has contributed substantially to Israelis’ security.

An army man, who is not suspected of belonging to a human rights organization, thus upsets the simplistic and most accepted formula: restrictions on Arabs means more security for Jews. The Supreme Court ruling last week to lift the ban on Palestinians using Route 443 shows that members of the judiciary also no longer stand at attention when they hear the magic word security. Nonetheless, the judiciary members, like politicians and the media, still find it hard to let go of their paralyzing dependency on this term. This is intentional: If discrimination is not mandated by security considerations stemming from the threat of Palestinian terrorism, how can we diagnose this regime as segregationist? If it is not diagnosed as such, there is no need to treat it.

The Association for Civil Rights in Israel, which appealed against the ban on Route 443, dared suggest the word apartheid and was reprimanded for it. In her ruling, Supreme Court President Dorit Beinisch wrote that “the great difference between the security means adopted by the State of Israel for defense against terrorist attacks and the unacceptable practices of the policy of apartheid requires that any comparison or use of this grave term be avoided.” A similar argument was voiced during the days of Israel’s military administration over its Arab citizens, which was lifted in 1966, and which is today considered a dark period in the country’s history.

Beinisch herself is a co-author of about a dozen rulings that exposed the malicious use of the segregation regime in an effort to take over Palestinian land. In some cases, most notably one concerning the separation fence near Bil’in, she wrote that the invasive route set by the army was inferior from a security point of view to the route proposed by experts at the Council for Peace and Security. In another case the state admitted that the person in charge of planning the fence did not inform government lawyers that the route had been adjusted to the blueprint for expanding the settlement of Tzofin. Were it not for human rights organizations and conscientious lawyers, who would prevent shortsighted politicians from annexing more and more territory “for security against terrorism”? asked Beinisch.

One of the myths among whites in South Africa was that “blacks want to throw us into the sea.” Many of apartheid’s practices were formally based on security, mostly those involving restrictions on movement. Thus, for example, at a fairly early stage, black citizens needed permits to move around the country. During the final years of apartheid, when the blacks’ struggle intensified as did terrorism, its practices became more severe.

To avoid the rude word apartheid, Beinisch pulled out the well-known argument that apartheid is “a policy of segregation and discrimination based on race and ethnicity, which is based on a series of discriminatory practices designed to achieve the superiority of a certain race and oppress those of other races.” Indeed, systematic segregation (apartheid) and discrimination in South Africa were meant to preserve the supremacy of one race over others.

In Israel, on the other hand, institutional discrimination is meant to preserve the supremacy of a group of Jewish settlers over Palestinian Arabs. As far as discriminatory practices are concerned, it’s hard to find differences between white rule in South Africa and Israeli rule in the territories; for example, separate areas and separate laws for Jews and Palestinians.

Last Wednesday, Israeli policemen blocked the main road linking Nablus and Tul Karm. Dozens of taxis with Palestinian workers on their way home from another day on the job in the settlements were told to park on the side of the road. Cars with yellow license plates passed by. There was no roadblock for security inspections; it was just the memorial ceremony for Rabbi Meir Hai. Just as long as they do not say that there is apartheid.

Settlers illegal attempt to occupy land owned by Qarawat Bani Hasan and Dier Istiya

International Women’s Peace Service

1 January 2010

On 31 December 2009 IWPS received a call from the Mayor of Qarawat Bani Hasan to participate in a demonstration in solidarity with the residents of their village. The non-violent, peaceful demonstration organized by the Municipality took place on January 1 2009, and was in response to increase settler activity in the area.

The Mayor of Qarawat Bani Hasan reported that over the period of the last month armed Israeli Settlers and Israeli military from the illegal outpost of Havot Yair had been harassing and attacking farmers and shepherds who work regularly on land approximately a kilometer from the village centre. The land in the region in question is jointly owned by the villages of Qarawat Bani Hasan and Deir Istyia and hosts an ancient fresh water spring which is regularly utilised by farmers and shepherds from both villages. The Mayor also informed IWPS volunteers that the area is often visited by children from Qarawat Bani Hasan, who have also faced physical abuse by armed settlers from Havot Yair.

The illegal settler outpost of Havot Yair is an off shoot of the illegal Israeli colony of Yaqir and was first established in 1999, only to be later evacuated and re-established in 2001. The illegal outpost is located on a hill top, which is one – two kilometres from the valley in which the ancient spring is located.

Seven days ago, villagers notified the Mayor of Qarawat Bani Hasan that the illegal settlers had begun carrying out significant construction work in the spring area. This included the construction of a road and the digging of additional wells and cisterns (all of which were visible when IWPS visited the area). Villagers reported that the work carried out by the illegal settlers had taken place during the night.

The Mayor informed IWPS volunteers that on December 31 he visited the spring area in order to ascertain what settler activity was taking place, and to peacefully ask the settlers to cease illegal construction on his village’s land. According to the Mayor, the illegal settler he spoke to refused to cease construction and stated that the land was supposedly not being used by the village of Qarawat Bani Hasan and that he (the settler) was entitled to act on the Ottoman Law, utilized by the Israeli state, to claim ‘unused’ Palestinian land as ‘state land’.

In response to the illegal settler activity of their land, the residents of Qarawat Bani Hasan, decided to hold a demonstration in order to re-assert their ownership of the land. Approximately 100 residents of Qarawat Bani Hasan including children, were joined at the rally by the Assistant District Governor of the Salfit region; the Mayor of Deir Istyia; village activists from Deir Istyia, Hares and Marda; and volunteers from the International Women’s Peace Service.

The strong rally marched from the village centre to the spring valley region. The rally was accompanied by a ‘bagger’ (bulldozer/excavator machinery) organised by the Municipality, with the aim of reclaiming and rehabilitating the land in response to the settler construction activity. Upon reaching the valley and spring area, a noisy but peaceful demonstration ensued, with the bagger clearing a roadblock erected by the illegal settlers and refilling the large cistern/well chamber dug up by the settlers.

Over the coming weeks, the residents of Qarawat Bani Hasan hope to continue work on the rehabilitation of spring valley area and to carry out of range of non-violent peace programs to re-assert their ownership of the land.

Israeli military constructs new roadblock in West Bank village, crippling farmers’ economy

28 December 2009

The Israeli army erected a giant earth mound across a crucial agricultural road in the northern West Bank village of Madama this week. The road block severely limits hundreds of farmers’ access to their lands, making transport by vehicle all but impossible. The intentional crippling of the village’s chief economy comes as settler violence continues unabated in the region.

Four Israeli military jeeps and one Caterpillar bulldozer entered the village on Wednesday night to construct the road block. The targeted dirt road cuts directly underneath the speedy settler road leading west from Yitzhar settlement, where a tunnel was constructed to allow the road’s continuation to farmers’ land. The bulldozer quickly moved massive mounds of earth across the road underneath the bridge, entirely blocking it and removing the possibility of access to cars and tractors by village farmers.

ISM activists visited Madama to witness families clambering over the earth mound on foot and herding, with great difficulty, donkeys and flocks of sheep and goats across the blockage. The prevention of tractor access is critical now especially, as Palestine enters its wet season and land must be ploughed to become fertile for the new year. Approximately 500 of Madama’s farmers hold land on the other side of the road block, whose economic livelihood is severely threatened by this senseless impediment.

The road overhead, linking Israeli settlers effortlessly with their homes and work outside the settlements, cuts deeply through Madama’s land, as it has done since it was built 10 years ago. Two homes, belonging to Yasser Taher’s family, are now isolated on the other side of the highway, marking them as prime targets for settler and military harassment, leaving children traumatised and inevitably forcing the majority of the family to move to a safer home within Madama.

Madama resident Abed Al-Aziz Zeiyada became the latest victim in an endless series of settler incursions as he drove his taxi home on Friday night. Settlers of Yitzhar settlement, waiting on the side of the road, hurled rocks at his car and destroyed the windscreen. When Zeiyada reached Huwara, now without a windscreen in his car, he was stopped by Israeli forces at a flying checkpoint. Showing them the unmistakeable damage, Zeiyada was refused assistance by Israeli soldiers. He returned to Madama and paid a 700 shekel bill for the window to be fixed the next day.

Residents of Madama always have one eye fixed on the settlements that loom over the village; Bracha to the north, and Yitzhar to the south. Yitzhar alone is built on 1000 dunums of Madama’s land, including all of its water wells. Villagers are forced to spend vast amounts of their income on water, a 90-litre tank costing a crippling 125 shekels. Settler incursions also occur frequently, wrecked upon homes on the edge of the village, if not from the settlers then from the military, whose base next to Bracha send jeeps careening through the streets of Madama and neighbouring villages by night.

Israeli settlements, illegal under international law, and their network of Apartheid roads, in addition to Israeli government and military suffocating policy and presence in occupied Palestine culminate in a devastating effect on the everyday lives of Palestinians, such as residents of Madama village, whose voices all too often go unheard.

Christmas in al-Ma’asara: Demonstrators march in solidarity with Abdallah Abu Rahmah

25 December 2009

Some 80 demonstrators marched in this Friday’s Christmas demonstration in Ma’asara, which focused on solidarity with Bil’in’s arrested popular committee member Abdallah Abu-Rahmah. Kids, adults and Santa Clauses were handed out used tear-gas and stun grenades, and hung them as decoration on the holiday tree.

The tree-carrying procession reached the regular military road block, where some of the children chose to decorate even the soldiers’ barbed wired fence with some grenades. Santa Clauses were waving flags, slogans where chanted, and speeches were carried in Arabic, English and Hebrew. One of the prominent speakers was Palestinians MP Dr. Mustapha Barghouti.

The demonstration’s jolly Christmas spirit did not catch the soldiers and border policemen, who jumped nervously at any sight of someone touching their fence. At some point five policemen crossed the fence and tried to arrest one of the village youth, but failed and had to face some heavy mocking while returning to their unlawful place behind the fence.

The demonstration ended peacefully and with season’s greetings to all present.