Palestinians benefit as Israel-Turkey ties sour

Jonathan Cook | The National

25 March 2009

A legal battle being waged by Palestinian families to stop the takeover of their neighbourhood in East Jerusalem by Jewish settlers has received a major fillip from the recent souring of relations between Israel and Turkey.

After the Israeli army’s assault on the Gaza Strip in January, lawyers for the families were given access to Ottoman land registry archives in Ankara for the first time, providing what they say is proof that title deeds produced by the settlers are forged.

On Monday, Palestinian lawyers presented the Ottoman documents to an Israeli court, which is expected to assess their validity over the next few weeks. The lawyers hope that proceedings to evict about 500 residents from Sheikh Jarrah will be halted.

The families’ unprecedented access to the Turkish archives may mark a watershed, paving the way for successful appeals by other Palestinians in East Jerusalem and the West Bank caught in legal disputes with settlers and the Israeli government over land ownership.

Interest in the plight of Sheikh Jarrah’s residents peaked in November when one couple, Fawziya and Mohammed Khurd, were evicted from their home by an Israeli judge. Mr Khurd, who was chronically ill, died days later.

Meanwhile, Mrs Khurd, 63, has staged a protest by living in a tent on waste ground close to her former home. Israeli police have torn down the tent six times and she is facing a series of fines from the Jerusalem municipality.

The problems facing Mrs Khurd and the other residents derive from legal claims by the Sephardi Jewry Association that it purchased Sheikh Jarrah’s land in the 19th century. Settler groups hope to evict all the residents, demolish their homes and build 200 apartments in their place.

The location is considered strategic by settler organisations because it is close to the Old City and its Palestinian holy places.

Unusually, foreign diplomats, including from the United States, have protested, saying eviction of the Palestinian families would undermine the basis of a two-state solution to the Israeli-Palestinian conflict.

The help of the Turkish government has been crucial, however, because Palestine was part of the Ottoman Empire when the land transactions supposedly took place.

Israel and Turkey have been close military and political allies for decades and traditionally Ankara has avoided straining ties by becoming involved in land disputes in the occupied territories. But there appears to have been an about-turn in Turkish government policy since a diplomatic falling-out between the two countries over Israel’s recent Gaza operation.

Recep Tayyip Erdogan, Turkey’s prime minister, accused his Israeli counterpart, Ehud Olmert, of “lying” and “back-stabbing”, reportedly furious that Israel launched its military operation without warning him. At the time of the attack, Turkey was mediating peace negotiations between Israel and Syria.

Days after the fighting ended in Gaza, Mr Erdogan stormed out of a meeting of the World Economic Forum in Switzerland, having accused Shimon Peres, the Israeli president, of “knowing very well how to kill”.

According to lawyers acting for the Sheikh Jarrah families, the crisis in relations has translated into a greater openness from Ankara in helping them in their legal battle.

“We have noticed a dramatic change in the atmosphere now when we approach Turkish officials,” said Hatem Abu Ahmad, one of Mrs Khurd’s lawyers. “Before they did not dare upset Israel and put us off with excuses about why they could not help.”

He said the families’ lawyers were finally invited to the archives in Ankara in January, after they submitted requests over several months to the Turkish consulate in Jerusalem and the Turkish Embassy in Tel Aviv.

Officials in Turkey traced the documents the lawyers requested and provided affidavits that the settlers’ land claims were forged. The search of the Ottoman archives, Mr Abu Ahmad said, had failed to locate any title deeds belonging to a Jewish group for the land in Sheikh Jarrah.

“Turkish officials have also told us that in future they will assist us whenever we need help and that they are ready to trace similar documents relating to other cases,” Mr Abu Ahmad said. “They even asked us if there were other documents we were looking for.”

That could prove significant as the Jerusalem municipality threatens a new campaign of house demolitions against Palestinians. Last week, Nabil Abu Rudeina, a spokesman for Palestinian President Mahmoud Abbas, called the recent issuing of dozens of demolition orders in Jerusalem “ethnic cleansing”.

Palestinian legal groups regularly argue that settlers forge documents in a bid to grab land from private Palestinian owners but have great difficulty proving their case.

Late last year the Associated Press news agency exposed a scam by settlers regarding land on which they have built the Migron outpost, near Ramallah, home to more than 40 Jewish families. The settlers’ documents were supposedly signed by the Palestinian owner, Abdel Latif Sumarin, in California in 2004, even though he died in 1961.

The families in Sheikh Jarrah ended up living in their current homes after they were forced to flee from territory that became Israel during the 1948 war. Jordan, which controlled East Jerusalem until Israel’s occupation in 1967, and the United Nations gave the refugees plots on which to build homes.

Mrs Khurd said she would stay in her tent until she received justice.

“My family is originally from Talbiyeh,” she said, referring to what has become today one of the wealthiest districts of West Jerusalem. “I am not allowed to go back to the property that is rightfully mine, but these settlers are given my home, which never belonged to them.”

Israeli soldiers reoccupy ‘House of Contention’ in Hebron

17th March 2009 | Ma’an News Agency

Hebron – Ma’an – Three months after Israel’s army evacuated settlers from the Ar-Rajabi building that was confiscated two years earlier, soldiers have returned to reoccupy it.

Dubbed the Hebron-area House of Contention, the building is owned by a Palestinian family before it was taken over by Jewish settlers. Enforcing a court order, the Israeli military evacuated the settlers by force in early December.

But on Sunday, the home returned to the spotlight when Israel’s army announced it would turn the building into a military post rather than return it to its original Palestinian owners.

Hebron Mayor Khaled Al-U’seili, said the Ar-Rajabi building “is owned by the family and should be returned to it.”

“Having a military post in the area would make the situation worse,” he said, “adding that Israel’s military presence in the area should be lessened.”

Al-U’seili also noted that a recent agreement signed between the Palestinian Authority and Israel stipulated that Ash-Shuhada Street should be reopened for Palestinians and their vehicles in both directions.

“We previously had a decision from the Israeli High Court to open the street, yet a military decision was taken to close the street for the Palestinians,” he said.

“Israeli army commanders should consider opening the street in two directions, rather than what they are planning,” he said, adding “restoring normal life to the Old City will not happen but by lifting all kinds of closures on the area.”

He noted that there are currently 101 military checkpoints in the Hebron area alone.

Imad Hamdan the administrative and financial manager for the Hebron Rehabilitation Committe said his organization petitioned the Israeli Supreme Court to prevent Israeli soldiers from using the Rajabi house.

Israeli settlers throw stones at young children and internationals in Hebron

On Wednesday the 11th of March, a number of Hebron Israeli settlers pelted Palestinian children (aged 4 to 8 years) and two international activists with stones.

The incident took place during a settler-organized dancing event close to Avraham Avinu Settlement, presumably as part of Purim festivities. The settlers became aware of the Palestinian children and internationals, who were watching from a near-by roof, and proceeded to hurl stones from the car-parking lot below, despite calls of “Stop”.

The Israeli soldiers on guard at a military post within 30 meters surveyed the disturbance but provided no assistance.

Homes in southern Nablus slated for eviction

8 March 2009

Six homes in the village of A’qraba have received eviction orders. 14 homes in the area received similar orders in 2008.

Among those houses slated for demolition is an electricity station, a mosque, a well and two houses for animals.

The villagers in the area believe that this is an attempt by the Israeli government to remove all Palestinians who are now living in ‘Area C’ (close to the Jordan River) to ‘Area B’, to make room for settlement expansion.

Ma’an News Report

Israel plans to demolish six homes and a mosque in the villages of A’qraba and Kherbet At-Taweel, both south of the West Bank city of Nablus, residents said on Sunday.

Officials representing the Israeli military handed over demolition orders to the residents in question, they added, announcing their intentions in the West Bank villages.

According to Yaser Suleiman, the coordinator for the Nablus-area Agricultural Committee, “the occupation is working to force residents out of the village.”

“Repeated attacks on homes, demolition warnings, and settler attacks have killed four Palestinians over the past few years,” he added, noting that the Palestinians killed by settlers were first abducted before their alleged murders.

Musa Derieyah, an official with the Agricultural Action Committee, said that A’qrabas is surrounded by four illegal settlements, Gatit, Ma’leh AFraim, Itamar and Majdulim, where “90 percent of the lands were confiscated.”

He added that “repeated settler attacks have become unbearable,” as planted explosive charges have killed one Palestinians and injured another child.

Settlers have attacked the residents of the village while they graze sheep near the illegal settlements, while other areas are totally isolated, and Palestinians are not permitted to enter, Deriyeah added.

European Union: Israel annexing East Jerusalem

Rory McCarthy | The Guardian

40-year-old Palestinian Mahmoud al-Abbasi stands amid the rubble of his home after it was demolished by the Jerusalem municipality in the East Jerusalem neighborhood of Silwan. Photograph: Gali Tibbon
40-year-old Palestinian Mahmoud al-Abbasi stands amid the rubble of his home after it was demolished by the Jerusalem municipality in the East Jerusalem neighborhood of Silwan. Photograph: Gali Tibbon

7 March 2009

A confidential EU report accuses the Israeli government of using settlement expansion, house demolitions, discriminatory housing policies and the West Bank barrier as a way of “actively pursuing the illegal annexation” of East Jerusalem.

The document says Israel has accelerated its plans for East Jerusalem, and is undermining the Palestinian Authority’s credibility and weakening support for peace talks. “Israel’s actions in and around Jerusalem constitute one of the most acute challenges to Israeli-Palestinian peace-making,” says the document, EU Heads of Mission Report on East Jerusalem.

The report, obtained by the Guardian, is dated 15 December 2008. It acknowledges Israel’s legitimate security concerns in Jerusalem, but adds: “Many of its current illegal actions in and around the city have limited security justifications.”

“Israeli ‘facts on the ground’ – including new settlements, construction of the barrier, discriminatory housing policies, house demolitions, restrictive permit regime and continued closure of Palestinian institutions – increase Jewish Israeli presence in East Jerusalem, weaken the Palestinian community in the city, impede Palestinian urban development and separate East Jerusalem from the rest of the West Bank,” the report says.

The document has emerged at a time of mounting concern over Israeli policies in East Jerusalem. Two houses were demolished on Monday just before the arrival of the US secretary of state, Hillary Clinton, and a further 88 are scheduled for demolition, all for lack of permits. Clinton described the demolitions as “unhelpful”, noting that they violated Israel’s obligations under the US “road map” for peace.

The EU report goes further, saying that the demolitions are “illegal under international law, serve no obvious purpose, have severe humanitarian effects, and fuel bitterness and extremism.” The EU raised its concern in a formal diplomatic representation on December 1, it says.

It notes that although Palestinians in the east represent 34% of the city’s residents, only 5%-10% of the municipal budget is spent in their areas, leaving them with poor services and infrastructure.

Israel issues fewer than 200 permits a year for Palestinian homes and leaves only 12% of East Jerusalem available for Palestinian residential use. As a result many homes are built without Israeli permits. About 400 houses have been demolished since 2004 and a further 1,000 demolition orders have yet to be carried out, it said.

City officials dismissed criticisms of its housing policy as “a disinformation campaign”. “Mayor Nir Barkat continues to promote investments in infrastructure, construction and education in East Jerusalem, while at the same time upholding the law throughout West and East Jerusalem equally without bias,” the mayor’s office said after Clinton’s visit.

However, the EU says the fourth Geneva convention prevents an occupying power extending its jurisdiction to occupied territory. Israel occupied the east of the city in the 1967 six day war and later annexed it. The Palestinians claim East Jerusalem as the capital of their future state.

The EU says settlement are being built in the east of the city at a “rapid pace”. Since the Annapolis peace talks began in late 2007, nearly 5,500 new settlement housing units have been submitted for public review, with 3,000 so far approved, the report says. There are now about 470,000 settlers in the occupied territories, including 190,000 in East Jerusalem.

The EU is particularly concerned about settlements inside the Old City, where there were plans to build a Jewish settlement of 35 housing units in the Muslim quarter, as well as expansion plans for Silwan, just outside the Old City walls.

The goal, it says, is to “create territorial contiguity” between East Jerusalem settlements and the Old City and to “sever” East Jerusalem and its settlement blocks from the West Bank.

There are plans for 3,500 housing units, an industrial park, two police stations and other infrastructure in a controversial area known as E1, between East Jerusalem and the West Bank settlement of Ma’ale Adumim, home to 31,000 settlers. Israeli measures in E1 were “one of the most significant challenges to the Israeli-Palestinian peace process”, the report says.

Mark Regev, spokesman for the Israeli prime minister, Ehud Olmert, said conditions for Palestinians living in East Jerusalem were better than in the West Bank. “East Jerusalem residents are under Israeli law and they were offered full Israeli citizenship after that law was passed in 1967,” he said. “We are committed to the continued development of the city for the benefit of all its population.