Area A Area B Area C Israeli Settlements The Separation Wall, Implemented The Separation Wall, Under Construction Dead Sea Jordan River Natuar Reserv Area C embodies Palestine: terraced hills with olive groves where shepherds wander with their flocks and Special issue ghazal feed on misty mornings; striking wadis where Area C foxes and mountain goats roam; the dry, rolling desert hills and green oases of al-ghor, the Jordan valley that is less and less accessible to Palestinians; the disappearing Dead Sea where Palestinians no longer feel welcome to swim. Area C comprises sixty-one percent of the West Bank and is crucial for a viable Palestinian State. Connecting Palestine’s cities and villages, 4 Sustainable Urban Development in feeding its citizens, containing a wealth of natural and economic resources, the State of Palestine: An Opportunity housing immeasurable heritage and archeological treasures, it is among the most Interrupted beautiful places in the world - but not under Palestinian control and thus, as of yet, 6 MDGs to SDGs as a viable resource mostly untapped. In Area C, check points and the Separation 10 Area C of the West Bank: Strategic Wall restrict movement and access, which impacts livelihoods and restrains the Importance and Development Prospects entire economy; here the denial of building permits and house demolitions are as much a part of daily life as the uprooting of olive groves and the prevention of 18 International Experts Call for Fundamental farmers from cultivating their fields and orchards. But Area C is also where the Changes in Israel’s Approach to Planning AArreeaa AB Area C creative mind of Palestinians has found ingenious ways of showing resilience and and Development in Area C ITTshhraeee SSliee Sggerrteetggleaamttiieoonnnt sWWaallll,, EUxnisdtienrg Construction developing strategies for survival and development and in this issue you can read Dead Sea 24 National Strategies for Area C JNoartduaanr RReivseerrv about some of these. 30 Israel’s War of Construction Our thanks go to UN-Habitat and the UNDP, not only for initiating the idea of this 36 Ministry of Local Government special issue, but also for co-sponsoring it – and for the wealth of information Engagement in Area C they contributed. Further contributions by institutions, ranging from the Palestine 38 UN-Habitat’s Spatial Planning Investment Fund and the Palestinian Ministry of Local Government to the Applied Interventions in Area C of the West Bank Research Institute-Jerusalem (ARIJ), and by individual authors provide a wealth Cover: Map of the West Bank with Areas of information: facts, figures, opinions, and anecdotes that are informative, 44 The Political Economy of Area C A, B, and C as per the interim agreements entertaining, enraging, and inspiring. 50 Outline Planning in Area C: An Alternative between the PLO and Israel of 1993. Courtesy of GSE, Good Shepherds In these days of heightened tension and increased attention on Palestine, the Approach Engineering. information presented here gives relevant background to the current situation of 56 Archeological Heritage in Area C anger over restricted access, untapped potential, and thwarted opportunities that 64 Stories From the Field define Area C, the heart and soul of Palestine. 68 The Political Agency of Fallahin Architecture: Unravelling the Conflict of Susiya Bettina Ezbidi Telefax: +970/2 2-295 1262 74 Placemaking in the West Bank in Area C [email protected] Editor 80 On the Edge www.thisweekinpalestine.com www.facebook.com/ 86 Jerusalem Suburbs: Lost and Forgotten? ThisWeekInPalestine 90 THE C-WORD This is a special issue of This Week in Palestine focusing on Area C 94 Maps co-sponsored by the United Nations Human Settlements Programme Publisher: Sani P. Meo (UN-Habitat), and the UNDP’s Programme of Assistance to the Palestinian Art Director: Taisir Masrieh Graphic Designers: People (UNDP/PAPP). Shehadeh Louis, Hassan Nasser Editor: Bettina Ezbidi TWIP Coordinator: Yara Alloush The views presented in the articles do not necessarily reflect Advisory Board the views of neither the publisher nor the UN (except for those submitted by UNDP and UN-Habitat). Maps herein have Printed by: been prepared solely for the convenience of the reader; the Studio Alpha, Al-Ram, Jerusalem Dr. Mamdouh Aker Dr. Nabeel Kassis designations and presentation of material do not imply any Urologist Director of Palestine Economic Policy Research Institute (MAS) expression of opinion of This Week in Palestine, its publisher, Maps: Courtesy of PalMap - GSE Vera Baboun Sami Khader editor, or its advisory board as to the legal status of any Distribution in the West Bank: country, territory, city, or area, or the authorities thereof, or Mayor of Bethlehem Director General of MA’AN Development Center as to the delimitation of boundaries or national affiliation. CityExpress Aref Hijjawi Nour Odeh Author and media expert CEO, Communications Consultancy 2 3 Sustainable Urban Development in the State of Palestine: An Opportunity Interrupted Op-ed by UN-Habitat Executive Director, Dr. Joan Clos Landscape view of the village of Imneizil, south of Hebron. Photo Courtesy of UN-Habitat. phenomenon significantly interrupted enable Palestinians’ residential- and M y visit to the State of Palestine its major challenges, such as ending by the occupation. Yet, there is no community-development needs to be comes at a crucial moment poverty and addressing the issue of development without urbanization, a met across the entirety of the State for global development. In climate change. At UN-Habitat, which fact we have to acknowledge against of Palestine. For Gaza specifically, the coming weeks, world is the UN agency mandated to promote the long process of final political Israel must end the blockade to allow leaders will adopt the Post-2015 sustainable urbanization, we promote a settlement leading to two states living the cities to build back better through Universal Agenda that consists of new and more positive approach to urban side by side in peace and security. To innovation and participatory urban seventeen Sustainable Development issues. We strongly believe that effective be clear, the UN seeks a just resolution planning approaches. Goals and 169 targets that aim at urbanization is a choice, a human choice to issues including the demarcation ending poverty and improving the lives that is not achieved by chance but by Looking ahead, the UN system has of borders, Israeli settlements, the of the world’s population by 2030. One design and political will. The positive begun preparations for Habitat III, the UN status of Jerusalem, water and natural of these goals focuses on sustainable outcomes of urbanization depend largely Conference on Housing and Sustainable resources, the Gaza blockade, and cities and human settlements. Almost on the quality of that design. Urban Development that will take place Palestinian refugees, together with all of the other goals are linked in one in Quito, Ecuador in October 2016. The In the case of the State of Palestine, it affirmative actions to cease the way or another to urbanization. new urban model that we are promoting is clear that there are many challenges destruction of Palestinian property. as a basis for the conference addresses The new development agenda is a to harnessing urbanization as a positive UN-Habitat – as articulated through its all three dimensions of sustainable strong global commitment to achieving force for development. It is hard recent analysis on East Jerusalem, Area development: the economic, social, and sustainable development. But what to see how urbanization can foster C, and Gaza and as echoed in the One environmental. Our primary objective does this new development agenda development in Palestine, where over UN Position Paper on Spatial Planning is to plan “for a better urban future,” mean for the State of Palestine? sixty percent of the West Bank, known in Area C – believes there are practical where cities and human settlements Globally, the majority of the world’s as Area C, is under a restrictive planning measures that can be taken to foster become inclusive, safe, resilient, and population is now urban. Looking at process that is discriminatory and sustainable urbanization for the State sustainable. Palestinians should not the State of Palestine, in the West Bank not in conformity with international of Palestine, which in turn can improve be excluded from this high endeavor. approximately seventy percent of the humanitarian and human rights law. Or the conditions for peace. Central to UN- Our unwavering commitment to the population live in urban areas, mostly in in Gaza, where recurrent conflict has Habitat’s perspective on urbanization is State of Palestine is to support it in Bethlehem Hebron, Jerusalem, Nablus, killed thousands of people, devastated that spatial and urban planning must be realizing the potential of sustainable and Ramallah; in Gaza, eighty percent the urban space, destroyed and used as a means for delivering human urbanization – today, tomorrow, and in of the population does. damaged thousands of homes, and rights, not denying them. Hence, the years to come. where reconstruction is proceeding But urbanization is not simply a UN-Habitat considers the approval too slowly. Or Jerusalem, where I see demographic phenomenon. It is a of the Master Plans that have been Dr. Joan Clos is the Executive Director one city divided by multiple growing broader force. When managed well, submitted by Palestinian communities of UN-Habitat, which is mandated to inequalities. urbanization is a driver for sustainable for Area C to be an imperative step promote socially and environmentally development, which can potentially help Urbanization, as a positive force for the implementation of an inclusive sustainable towns and cities with the the world to effectively tackle some of for development in Palestine, is a planning and zoning regime that will goal of providing adequate shelter for all. 4 5 MDGs to SDGs Op-ed by Roberto Valent Special Representative of the Administrator UNDP’s Programme of Assistance to the Palestinian People View of the landscape near the village of Tuqu’, Bethlehem district. Photo courtesy of Ventura Formicone - @UNDP/PAPP. A cross the globe, world leaders have adopted the Yet despite this progress, the indignity of poverty has not new Sustainable Development Goals (SDGs) been ended for all, which is why the seventeen new Goals that are essentially an agreed-upon vision to will continue the journey towards progress for everyone, a put people and the planet on a sustainable path journey which aims to go even farther: to focus the world by 2030. This will form the bedrock of a new development on ending poverty, hunger, and major health problems and agenda that can set the world on a course of action to end to break new ground by setting goals and targets regarding poverty, transform lives, and protect the planet. inequalities, economic growth, decent jobs, energy, climate change, peace and justice, and more. The Goals spell out how we can and must work together to promote dignity, equality, justice, shared prosperity, The government of the State of Palestine has made important and well-being for all – while protecting the environment. achievements in the pursuit of the Millennium Development I have learned from my work with the United Nations Goals (MDGs). However, in light of the occupation and the Development Programme (UNDP) that setting goals and challenges facing Palestinian development, the localization targets is effective: and we are the first generation that of the SDGs warrants particular attention to the Palestinian can end poverty and the last one that can avoid the worst context, especially in Area C of the West Bank and in East effects of climate change. Jerusalem. According to the 2014 Human Development Report, the State of Palestine scored higher than the Millions of people’s lives have improved due to concerted calculated average for the Arab-country region group in efforts to achieve the Millennium Development Goals that health and education, but it fell significantly below other serve as the foundation for the next global development Arab countries in the “decent standards of living” measure agenda. Some MDG targets have already been met, i.e. of GNI (average of US$ 15,817 per capita). While notable reducing poverty, increasing access to improved drinking progress has been made in education, two areas still require water sources, improving the lives of slum dwellers, and special attention: preschool education and accessibility achieving gender parity in primary schools. of education in general and in all regions. If these areas Over the past twenty years, the likelihood of a child dying are improved, if infrastructure for education is further before the age of five has been cut nearly in half; globally, developed, and additional progress is achieved in enrollment the maternal mortality rate dropped by nearly half; more rates, education targets will be met in the State of Palestine. people than ever before are receiving antiretroviral therapy I believe, we will achieve substantial results by taking on for HIV-infection; more than six million deaths from malaria together the many interconnected challenges we face. were averted due to a substantial expansion of malaria Taking action to achieve the Global Goals and building interventions. Enormous progress has been made, which greater shared prosperity is in everybody’s best interest shows the value of a unifying agenda underpinned by and provides enormous investment opportunities that will goals and targets. 6 7 United Nations Development Programme Programme of Assistance to the Palestinian People UNDP partners with people at all levels of society to help build nations that can withstand crisis, and drive and sustain the kind of growth that improves the quality of life for everyone. On the ground in more than 170 countries and territories, we offer global perspective and local insight to help empower lives and build resilient nations. UNDP’s Programme of Assistance to the Palestinian People (UNDP/PAPP) owes its origin to a resolution adopted by the United Nations General Assembly on 20 December 1978, calling upon UNDP “to improve the economic and social A mural on one of the walls of the village of Bil’in. conditions of the Palestinian people”. Photo courtesy of Ventura Formicone - @UNDP/PAPP. In partnership with Palestinian institutions, civil society, communities and donors, UNDP’s goal is to empower the Palestinian People to establish a benefit all people and the entire planet. Success in this viable State that is able to realize the right to development for its people and new ambitious agenda for global action will be driven by support their socio-economic resilience. Since its establishment, UNDP/ leaders, governments, and people, especially at the local PAPP has delivered over USD 1.5 billion in development assistance to the level. The Goals should matter to all of us: we all have a Palestinian People, and generated over 3.5 million workdays. shared responsibility for our future. UNDP/PAPP places empowerment, resilience and sustainability at the By working united, shared problems can be overcome. centre of its operation and focuses on three priority areas: the Gaza Strip, East Jerusalem and Area C, where the needs are the greatest. UNDP/ With new, interconnected Sustainable Development Goals PAPP focuses on democratic governance and the rule of law, economic that apply to all, we can go much further in order to end all empowerment and private sector development, environment and forms of poverty, ensure that no one is left behind, tackle management of natural resources, as well as public and social infrastructure. unsustainable practices, and chart a dignified future for all people in all countries. UNDP/PAPP’s support in the governance sector is aligned to Palestinian national priorities and focuses on the rule of law and access to justice, Therefore, the establishment of an environment conducive national unity and social cohesion, inclusion and participation, local towards supporting Palestinian resilience and the right to governance, and public administration reform to build strong and freedom, dignity, and self-determination will propel the accountable institutions. achievement of the SDGs in the State of Palestine. UNDP To reduce poverty, UNDP prioritizes support to the most vulnerable stands ready to support the State of Palestine as it develops communities and families through sustainable economic empowerment its plans for making the SDGs a reality – the Sustainable approaches that help people enhance their self-reliance and become gradually Development Goals matter to Palestinians, too! less reliant on aid. Efforts are made in the areas of promoting private sector productivity, employment schemes, and micro-entrepreneurship, social Roberto Valent is the Special Representative of the safety nets for the most vulnerable families, agricultural management, and Administrator for UNDP’s Programme of Assistance to basic infrastructure for improved service delivery. the Palestinian People (UNDP/PAPP). Prior to his current UNDP/PAPP’s environment and natural resources portfolio focuses position, Mr Valent was the UN Resident Coordinator on strengthening environmental and water governance, mobilizing and UNDP Resident Representative in El Salvador and environmental financing, improving access to environmental services Belize. From 2007-2010, Mr Valent was Deputy Special such as water supply and sanitation, solid waste management, and energy; Representative at UNDP/PAPP. From 2005-2007 he was mainstreaming environment and climate change, and developing the Deputy Country Director in the Democratic Republic of capacities of Palestinian State institutions in climate change adaptation Congo, and assigned as Deputy Resident Representative and mitigation. in Sudan from 2002-2005. Mr. Valent began his career UNDP/PAPP also focuses on social, public and economic infrastructure with UNDP in 1995 in Albania. An Italian national, Mr Valent as well as early recovery and reconstruction to support the resilience of holds a BA and a Master’s Degree in Political Sciences Palestinian marginalized communities, especially in Area C, East Jerusalem from Bologna University, Italy, followed by another and the Gaza Strip. Interventions cover five key sectors; access to energy, Master’s Degree in International Relations from Sussex transportation, housing, education and health. University, United Kingdom. 8 Area C before the elections for the Palestinian Council.4 The remaining three phases would involve the gradual redeployment of the West Bank: to “specified military locations” over The strategic importance and the period of eighteen months from economic significance of Area C Strategic Importance the inauguration of the Palestinian cannot be overstated. It is a natural Council, to take place at six-month location for large infrastructure and Development intervals.5 These interim arrangements projects such as wastewater were an integral part of the whole treatment plants, landfills, water Prospects peace process, to be concluded with pipelines, energy projects, a Permanent Status Agreement, and to and main roads as well as for lead to the implementation of Security industrial, tourism and agricultural Council Resolutions 242 and 338.6 projects. To facilitate the transfer of authority to the Palestinian side, the 1995 Mohammad Mustafa Interim Agreement divided the West Bank into three Areas – A, B, and Photo from Palestine Image Bank. T he peace process that began in the early 1990s purportedly aimed at reaching a just, lasting, and comprehensive peace settlement through a permanent status agreement that would (among other things) end the Israeli occupation of Palestinian territory (that began in 1967) and result in the establishment of an independent Palestinian state throughout the West Bank, including East Jerusalem and the Gaza Strip. As part of this peace process, a series of interim agreements were concluded between the PLO and Israel: the Declaration of Principles of 1993 called for a gradual transfer of power in the Occupied Palestinian Territory from Israel to the Palestinian side over a five-year period, with negotiations on permanent status issues to begin two years after an initial Israeli withdrawal from Jericho and Gaza.1 The Gaza- Jericho Agreement of 1994 called on Israel to withdraw from Gaza and Jericho within a certain period of time.2 The 1995 Interim Agreement contemplated four additional phases of Israeli “redeployments” in the West Bank:3 The first phase was to be an Israeli redeployment from “populated areas” of the West Bank, to be completed 10 11 C – and provided that the parties would have varying degrees of authority in each. It provided that Area C, “except for the issues that will be negotiated in the permanent status negotiations (Jerusalem, settlements, specified military locations), will be gradually transferred to Palestinian jurisdiction”7 as part of the three-stage “further redeployments.”8 Notwithstanding the temporary administrative divisions, the interim agreements declared that the West Bank and Gaza Strip comprised a single territorial unit, whose integrity and status were to be preserved during the interim period,9 also providing for a safe passage to link the Gaza Strip and the West Bank.10 But the implementation of the first two phases of redeployment was delayed by Israel, and it failed to carry out the third and final phase of redeployment. Had Israel fulfilled its obligations under the interim agreements in carrying out all redeployments, approximately 92% of the West Bank area would have been under Palestinian control since 1997. Instead, Area A today comprises about 18% of the West Bank territory, which includes all Palestinian cities and most of the Palestinian population; Area B comprises approximately 21% of territory and encompasses small towns and villages in rural areas; while Area C covers 61% of the West Bank territory and is the only area that is contiguous, engulfing the fragmented islands of Areas A and B. Regarding functional jurisdiction under the terms of the interim agreements: In Area A, the Palestinian government has authority over civil affairs, internal security, and public order, while Israel retains responsibility over external security. In Area B, the Palestinian government exercises civil authority and maintains public order for Palestinians, while Israel retains overriding responsibility for security. In Area C, Israel retains jurisdiction with regards to security, public order, and on all issues related to territory, including planning and zoning, while the Palestinian side has personal jurisdiction over Palestinians and “functional jurisdiction” in matters “not related to territory,” excluding issues that will be negotiated in the permanent status negotiations (Jerusalem, settlements, A. H and military locations). C O of Ndiovtiswioitnh sotfa tnhdei nWge tshte B 1a9n9k5 i nIntote arrimea As gAr,e Bem anedn tC’s, urtesy o C 12 13 Considering Area C’s development potential and the fact that it comprises the portion of the West Bank territory that is the largest in size, most fertile, and richest in resources, while taking into account that it is the only territorially contiguous area, it is clear that without Palestinian control over Area C and its development, there can be no viable Palestinian state - nor any prospect for a political settlement based on a two-state solution. the status of all the West Bank, including East Jerusalem and Area C, as well as of the Gaza Strip remains that of an occupied territory under international law and as stipulated by the International Court of Justice in its Wall Advisory Opinion.11 The interim agreements do not and were never intended to constitute an acknowledgement of Israel’s claims to sovereignty within any part of the West Bank, whether Area C or otherwise. On the contrary, the interim agreements were intended to formalize a transition from total Israeli control to partial Palestinian control within a period of five years, to be followed by a Permanent Status Agreement that would end Israeli occupation and result in the establishment of a fully independent Palestine state. As an occupying power, Israel’s powers are only temporary, administrative, and limited in scope, without conferring any sovereign title.12 Sovereignty remains vested in the Palestinian people and the Palestinian state. Furthermore, Israel is obliged to act only for the benefit of the Palestinian population and is prohibited from acting to advance in the occupied territory its own territorial or economic interests, which includes the establishment of settlements and the transferring of its civilian population into the occupied territory.13 Israeli policies and practices in Area C – as well documented by UN agencies, international organizations, and civil society – aim to limit Palestinian access and prohibit development while facilitating illegal settlements and Israel’s exploitation of this area. These practices are in clear violation of international law and of the interim agreements under which Area C should have long been transferred to Palestinian control. Today, Area C is home to approximately 520 Palestinian communities, 230 of which are entirely located in Area C. The majority of these communities (70%) are not connected to basic infrastructure such as water networks. Palestinian construction is allowed only within the boundaries of Israeli-approved plans that cover less than 1% of Area C. Conversely, land set aside for illegal Israeli settlements and military locations covers 70% of Area Courtesy of OCHA. C (44% of the West Bank). In addition, 23% of the West 14 15 Photo from Palestine Image Bank. Bank is designated as ‘fire zones’ or from removing restrictions on two new town in the northern Jordan Valley It will undoubtedly revitalize the ‘nature reserves’ by the Israeli military. sectors, agriculture and Dead Sea area to include residential units, an Palestinian economy, create sustained Similar to lands within the expansive mineral exploitation, with irrigation of area for commerce and business, and economic growth led by the private boundaries of settlements and military unexploited land yielding a potential $ health care and recreational facilities; sector, and generate thousands of new locations, these lands are considered 704 million per year, and exploitation of a new town between Ramallah and employment opportunities, all within off-limits for Palestinian access and Dead Sea minerals yielding $918 million Jericho comprised of four thousand a developmental approach that goes development. Today, there are 224 per year. The study has also concluded housing units; a new neighbourhood beyond the humanitarian imperative and illegal Israeli settlements, including over that the multiplier effect across the in Hebron in the area of Jabel Johar; accounts for the strategic important of 100 so-called “outposts”, scattered economy could add a total benefit of and the Moon City north of Jericho Area C to a viable Palestinian economy across the West Bank, the majority of $3.4 billion per year and would lead comprised of residential housing units and statehood. which are in Area C. to significant improvements in the and recreational facilities. government’s fiscal situation by adding Dr. Mohammad Mustafa is Chairman A case in point for the impact of Against the backdrop of a sharp $800 million in tax revenues per annum. of the Palestine Investment Fund and Israeli restrictions on Area C is the decline in donor aid, a protracted is leading PIF in delivering its strategic Jordan Valley. In 1967, approximately The Palestinian government has fiscal crisis, rising unemployment and investment mandate in key sectors of 250,000 Palestinians lived in the Jordan adopted a Strategic National Framework poverty rates, as well as intensified the Palestinian economy. Previously, Valley. In recent years, this number for development interventions in Area Israeli settlement activity in Area C, the he has served the PA as Deputy Prime has dropped to 70,000, of which C.15 This framework outlines the implementation of these and similar Minister of Palestine and as Minister 70% are concentrated in the Jericho national priorities and interventions projects in Area C will advance the of National Economy and held a senior area, while approximately 91.5% of in Area C across multiple sectors, physical and economic foundations position in the World Bank on private the Jordan Valley is considered off- spanning governance, social sectors, of an independent Palestinian state. sector and infrastructure development. limits for Palestinians. Despite its vast infrastructure, the economy, and the agricultural potential, the Jordan Valley importance of consolidating the efforts is the governorate least cultivated by of all stakeholders in developing Area 1 Declaration of Principles on Interim Self-Government Arrangements, (September 13, 1993), [DoP], Art. V(1) Palestinians due to Israeli restrictions. C as part and parcel of the territory of and (2). 2 Agreement on the Gaza Strip and the Jericho Area, (4 May 1994). Only 4.7% of the land in the Jordan the State of Palestine. Building on this 3 Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip, (September 28, 1995), [1995 Valley is cultivated, compared to an government strategy on Area C, the Interim Agreement]. average of 25% in other governorates. Palestine Investment Fund (PIF), the 4 1995 Interim Agreement, Art. X(1); Art. XI(2)(a); Art. XVII(8); and Annex I, Art. 1(1). A World Bank report published in 2013 on investment arm of the State of Palestine, 5 1995 Interim Agreement, Art. X(2); Art. XI(2)(d); Art. XVII(8); Annex I, Art. I(9); and Annex I, Appendix I, para. B. Area C assessed the economic potential has developed a portfolio of projects 6 DoP, Art. I. of the area to the Palestinian economy.14 intended for Area C. These include the 7 1995 Interim Agreement, Art. XI(3)(c). The report evaluated the effect of Israeli development of agricultural production, 8 1995 Interim Agreement, Art. XIII(2)(b)(8). restrictions on Palestinian planning, and of food processing and packaging 9 DoP, Article IV; Gaza-Jericho Agreement, Article XXIII, Clauses 6-7; 1995 Interim Agreement, Article XI, zoning, and development of Area C plants in the areas of Tubas and Sanur; Clause 1, and Article XXXI, Clause 8. 10 1995 Interim Agreement, Annex I, Article X. in key economic sectors: Dead Sea the development of solar farm projects 11 “The territories situated between the Green Line and the former eastern boundary of Palestine under the Mandate minerals exploitation, cosmetics, stone in ten locations in Area C found suitable were occupied by Israel in 1967 during the armed conflict between Israel and Jordan. Under customary mining and quarrying, construction, for that purpose; the development of international law, these were therefore occupied territories in which Israel had the status of occupying Power. tourism, and telecommunications. The the shores of the Dead Sea, including Subsequent events in these territories, [including the conclusion of the Interim Agreements], have done nothing conclusions were unequivocal: The mineral production and tourism to alter this situation. All these territories (including East Jerusalem) remain occupied territories and Israel has direct impact of removing restrictions facilities; residential housing projects continued to have the status of occupying power.” ICJ Advisory Opinion, par. 77. 12 1907 Hague Convention, Article IV: Respecting the Laws and Customs of War on Land, (October 18, 1907). on the above sectors could generate in the areas of Qalqilia and Tulkarm, both 13 1949 Geneva Convention, Article IV: Relative to the Protection of Civilian Persons in Time of War. an additional output of $ 2.2 billion in Area C, creating contiguity between 14 World Bank Report: Area C and the Future of the Palestinian Economy, (October 2, 2013). per annum – an amount equivalent to Areas A and B; a waste recycling 15 State of Palestine: Ministry of Planning and Administrative Development, National Development Plan: 23% of the Palestinian GDP in 2011. site in Beit Furik; a waste burial and State Building to Sovereignty, 2014-1016, available at http://www.mopad.pna.ps/?option=com_ Most of this output could be derived recycling site west of Deir Sharaf; a content&view=article&id=458&Itemid=142&hideNav=true. 16 17 International Experts The Board also comments on the marked discrepancy between the lack of approval of these Palestinian Call for Fundamental The way in which the Israeli Civil plans and the expeditious process by Administration delivers planning which the ICA approves plans for new in Area C amounts to a denial Changes in Israel’s Israeli settlements in Area C. These of administrative justice to the Israeli settlements are illegal under Palestinian people. Approach to Planning international law. However, some 340,000 Israeli settlers now live in approximately 135 Israeli settlements, and Development in and there are another one hundred settlement “outposts” in Area C (not Area C including East Jerusalem). The IAB • enable people to challenge decisions notes that “The Israeli settlements get and seek redress using procedures preferential access to water resources, that are independent, open, and and their residents are offered appropriate for the matter involved; financial incentives to locate there by • keep people fully informed Cliff Hague the Israeli government (e.g. housing and empower them to resolve subsidies). While outposts are typically their problems as quickly and ‘unauthorised development’ in terms comprehensively as possible; of statutory plans, they rarely face T he Israeli Civil Administration’s (ICA) practice of planning in Area C of the demolition of their illegal structures.” • lead to well-reasoned, lawful, and occupied West Bank has been strongly criticised by leading professional timely outcomes; planners from abroad. A report by a five-strong International Advisory • be coherent and consistent; Denial of Administrative Justice Board (IAB) of experienced planners from the UK, Germany, South • work proportionately and efficiently; Africa, and Canada calls for an end to demolitions and for plans for Palestinian The IAB report is very critical of how communities in Area C to be approved.1 the ICA delivers planning in Area C, • adopt the highest standards stating that it amounts to a denial of of behaviour, seek to learn The Board was invited by UN-Habitat to look at the current impasse in planning in administrative justice. The concept from experience, and improve Area C. Under the Oslo Accords, the ICA is (temporarily) the agency with ultimate requires that administrative systems continuously.2 responsibility for regional and local planning in Area C. However, only three plans operated by states safeguard the rights have been approved for Palestinian communities, and many others have been The report points to a number of ways in and interests of individuals affected by stalled for years. Without ICA-approved local-scale plans for Palestinian villages, which planning in Area C currently falls those systems, have fair processes, development is unauthorised and enforcement action is taken: properties are short on these criteria. For example, and deliver just outcomes. Good demolished and planned developments funded by donor agencies are put on there is a lack of transparency in the administrative justice requires states to: hold. Bedouin and herder communities are particularly at risk because of their use of criteria by which plans are semi-nomadic way of life. • make users and their needs central, evaluated by the ICA. The criteria are treating them with fairness and not published on the web in Arabic, The ICA says that the poor technical quality of the Palestinian plans is the reason respect at all times; but rather are explained verbally at for the delays and rejections of plans. However, after looking at a sample of ten such plans and visiting a number of the affected villages, IAB has come to the view that the plans are adequate and should be approved. This would enable villagers to undertake lawful development of their land and properties and remove the fear Landscape in Imneizel Village near Masafer Yatta, Hebron. of demolition. The report comments on the very high rate of demolitions in Area C, typically around 500 a year. The international experts make comparisons with the much more limited use of demolition in their own countries, where such action is seen as a “last resort”. Where unauthorised development takes place, it is usually resolved through negotiation - or may be seen as not so serious as to require demolition. The IAB report says “It is simply not credible that each year in Area C, in what are largely poor and marginalised village communities, there are over 500 unauthorised Palestinian developments that have such a deleterious impact that the only remedy has to be demolition, often entailing the eviction of families from their homes and/ or severely damaging livelihoods.” 18 19