“Stealing a State”

from ‘Tze’dek’ Magazine, Makor Rishon, Written by Gil Bringer on March 14, 2012. Translated as a public service by Women in Green

While in Israel there are talks of resuming the negotiations, the Palestinian Authority is establishing facts on the ground. The goal, which has long since been stated, is to take over areas ‘C’ and create territorial continuities. The method: establishing and developing Bedouin settlements while providing financial and legal support to the residents, who are increasingly identifying with the idea of a Palestinian state. The State’s Prosecutor turns a blind eye, and the Civil Administration ignores the matter and in fact conducts a double-standard policy between Jews and Arabs. The Palestinians: “Jerusalem is the gateway to heaven, and the Valley is the gateway to Palestine”.

They will come from somewhere in the area with a vehicle and a
water-tank trailer, slow down near the Rimonim checkpoint, turn onto a
side track and park after a few meters, right next to the Mekorot
pumping station. High up on the observation point, a soldier on duty
will watch them fill the water-tank with a pipe that’s already waiting
for them there. No one from the outpost will stop them. That’s the
procedure and that’s the order. From here they will continue onwards
with their vehicle. The will return to their small settlement, located
beneath one of the road’s curves. While driving down Vered road, which
runs between Rimonim and Jericho, they will wave hello to another
family member in the opposite lane. He too will be traveling with an
empty water-tank. He too is on the way to the pumping station. He too
will return to the illegal settlement he lives in with a water-tank
that was filled, courtesy of the Israeli government. Routine in the
Kingdom of the Jordan Valley.

The Bedouin settlements that have been spreading in the area are
desperate for water. Without it they can’t survive. Up until recently
the tribes used to drill into the Mekorot pipes and steal water.
Occasionally, after drilling they never bothered connecting a new pipe
that would lead the water to the encampment. The result was the
non-stop flow of water that was left to leak away. Israel, for it’s
own reasons, chose not to fight the phenomenon, instead choosing to
supply the illegal Bedouin settlement with the water it needs to
develop. The pumping stations that are scattered across different
areas in Judea and Samaria provide the Bedouins with all the water
they need, all in a known and legal way. But this new way of obtaining
water, albeit simpler, more organized, and allowing the Bedouins to
expand their invasion of remote lands that have never seen a Mekorot
pipe, requires the Bedouins use equipment that they do not
traditionally possess: giant containers, huge water-tanks, and
water-tank trailers. But there are those who are interested in the
Bedouin expansion and the obtaining of these new areas. They
understand the need for the water equipment and therefor supply them
with everything they need in a wholesale fashion. Following the source
of the water containers is the beginning of a journey between stations
to uncover the method, the means, and the objective. Who stands behind
the new Bedouin settlements in the Valley?

Station No. 1: The writing on the container.

A quick ride down the Valley roads with a quick peek at the many
settlements along the sides of the road are enough to paint the entire
picture. Hundreds of identical water containers have been scattered in
the area recently. Same color, same size, same shape. It is clear that
they all came from the same factory and it is evident that a single
entity is behind their distribution. Dropping to the side of the road
and taking a closer look enables one to clearly read the Arabic
inscription imprinted on every single container: “The Bedouin Support
Plan. Funding: The Palestinian Authority. Implementation: Department
of Local Authorities”.

Next to the yellow containers that are used for water storage, many of
the Bedouin settlements in the Valley have another kind of water tank
scattered around: silver tanks on wheels. And the phenomenon repeats
itself: the exact same water-tank trailer in every settlement that was
examined. Each has the clear imprint of the manufacturer’s phone
number – 04-2468473. When we call the number one of the employees
answers, and upon request hands the phone to Mr. Rushdi Rafat who
introduces himself as the owner of the “Haj Rafat Metalworking Shop”,
located in Araba in the Galilee. I introduce myself as someone who is
interested in buying a water-tank trailer and ask Rushdi for
references for his recent jobs in the Valley area. He tells me that
the tractor-pulled containers were produced by him on several
occasions over the last few years and were supplied to the Jericho,
Tekoa, Ramallah, Mishor Adumim and the Anatot quarry areas, as well as
others. He has several models and colors. Some are galvanized and some
aren’t. “It all depends on how much I’m being paid”, he explains. A
small number of containers were purchased by the Red Cross but the
majority were purchased by the Palestinian Authority. Rafat invites us
to talk to them about his good work. The containers of the second kind
were distributed by him in the Jericho and Mishor Adumim area, at the
request of the PA, where the majority of the Bedouin settlements are
concentrated.

The brotherhood that has formed between the Bedouins and the
Palestinian Authority is very odd to those who hear about it. Many in
the Bedouin leadership despise the PA and claim to have been neglected
for years. A senior official in the Bedouin community who agrees to
talk to us accuses the PA of corruption, in regards to the handling of
money that is transferred to it from foreign parties who wish to
invest in the welfare of the Bedouins. The southern brothers of the
Bedouins from the Valley, who live in the Negev, have never even heard
of PA support. You won’t find any kind of water containers there,
yellow or silver. What leads the Palestinian Authority to establish a
support plan for the Bedouins living in the Valley area?

Station No. 2: Operation ‘Passover’.

On the eve of last Passover, the Civil Administration personnel went
on vacation, like most Israeli citizens. Bedouins of the Jahalin
tribe, who settle in the Abu-Hindi valley below the Keidar community,
were already waiting in advance for this opportune moment. Using a
technique that was very reminiscent of the “Tower and Stockade”
operations, the Bedouins constructed a new settlement just a few
meters from the eastern border of Keidar. The first houses were
erected just across the fence. During the 7 days between the first and
second holidays, Palestinian Authority trucks arrived from the South
Hebron Hills area. The trucks unloaded the equipment, and suddenly 80
identical housing structures popped out of thin air, spread across an
enormous area. 3 here, 7 there, 15 on that side and 10 in another
corner. Later on about 20 more units were built and at the next phase
the number of structures reached 120. The new city of “Abu-Hindi” was
now fait accompli.

A senior official who participated in the latest patrol of the Knesset
Foreign Affairs and Security Committee in the area told Makor Rishon
that the head of the Civil Administration’s Supervision Unit, Marco
Ben-Shabat, has confirmed that the structures were brought to the area
by Palestinian Authority personnel. One look at the structures that
sprung up overnight beneath Keidar is enough to see that this was not
a local initiative. Anyone who elected to build a house in Abu-Hindi
during the week of Passover received a housing package which included
a double sized caravan, with a bathroom unit attached to its side,
complete with piping, and a large water tank next to them. Not exactly
the usual standards of the traditional Bedouin settlements.

The Civil Administration’s personnel, who have been trying to reach an
understanding with the Palestinian Authority and work with full
cooperation, viewed this act as a resounding slap in the face and
immediately issued a demolition order for the structures. The Bedouins
were prepared with an application for a temporary injunction that
would prevent the demolition. One can only assume that the party that
supplied the water, the trucks, the structures and the equipment, also
provided the legal support. What is the PA’s motive?

Station No. 3: Taking over the Valley.

In August 2009, Palestinian Prime Minister Salam Fayyad announced his
plan to establish a state “from the bottom up”. Fayyad’s plan included
several principles, such as the development of infrastructures,
separation of powers, free economy, and more. The stated goal was to
establish a Palestinian state de-facto, under the assumption that the
peace talks were sputtering and heading nowhere.

At the same time Prime Minister Benjamin Netanyahu was trying to be
perceived as someone who is pushing for a peace initiative, without
being perceived as someone who is willing to give away parts of Judea
and Samaria. This catch led Netanyahu to promote the “Economic Peace”
plan, which is based on the idea that improving the Palestinian
Authority’s economy is an Israeli interest. The thriving economy of
the Palestinians is a prerequisite that will bring both sides closer
to the negotiations, claimed Netanyahu.

Initially it appeared that Netanyahu’s idea fits well with the
Palestinian Fayyadism: focusing on building the economy and abandoning
peace initiatives. Except that Netanyahu’s plan ends at the
negotiations table while Fayyad’s plan advocates the unilateral
establishment of a Palestinian state.

In 2010 Fayyad’s plan took a turn and the Palestinian side began new
initiatives. The new Palestinian idea was to dissolve the traditional
Oslo Accords division of the land into ‘A’, ‘B’, and ‘C’ Territories
by creating territorial continuities of settlements and
infrastructures.

‘A’ Territories are where the large Palestinian cities are located.
The area is under PA security as well as civil control. In ‘B’
Territories, the PA administers civil affairs, while security affairs
are Israeli responsibility. ‘C’ Territories are under Israeli and
Civil Administration control. ‘C’ Territories present 60% of Judea and
Samaria, and there are about 300,000 Jews living there. In addition, a
few tens of thousands of Palestinians, comprising about 5% of the PA
population, live there. ‘C’ Territories’ great significance lies not
only in their size, but mostly because they create a buffer between
Palestinian civilian population centers.

In the beginning of 2010, Fayyad began making statements that he does
not know how to read the letter ‘C’ and that all the areas of the West
Bank are state lands that the PA is building on. In February of that
year the PA opened a branch of it’s Ministry of Agriculture in the
village of Jiftlik, located in the northern Jordan Valley, a ‘C’
Territory where, according to the Oslo Accords, the PA is not allowed
to operate. This act, which has similar strategic implications to the
opening of the Orient-House in Jerusalem back in the day, was received
with a resounding silence.

Naturally, the Ministry of Agriculture is the first, primary
government body that would take interest in those 60% of Judea and
Samaria. “All of our agricultural land is located there”, said Ismail
Daik, the Palestinian Minister of Agriculture, in an interview with
Ha’Aretz when the branch was opened. He referred to the
administrations that preceded Fayyad’s era. “They believed that we
could easily regain the land through negotiations. Reality proved
otherwise, as Israel views ‘C’ Territories as Israeli land”, said Daik
in that same interview.

Naturally, the emphasis shifted to the Jordan Valley, both because it
comprises about of the land in Judea and Samaria and because about 90%
of it is defined as ‘C’ Territories. The signs hanging at the entrance
to the Ministry of Agriculture’s building in Jiftlik note that
“Jerusalem is the gateway to heaven and the Valley is the gateway to
Palestine”. Another sign hanging nearby reads: “The Valley is the
border between Palestine and its sister, Jordan”.

The new strategy of the Palestinian Ministry of Agriculture, which
serves as a spearhead to the other government offices, is to support
the agricultural families in area ‘C’ in various ways, especially the
ones who live in the Jordan Valley. Seizing control of the land is
best achieved when it is based on local agricultural settlements. The
Bedouins therefore present an excellent answer to the PA’s needs. They
are located in area ‘C’ in a way and manner that no other Palestinian
population could fulfill in their place.

Over time, Bedouin society is undergoing a process of Islamization and
Palestinianization, and the distance between the Palestinian and
Bedouin groups grows smaller. As far as the PA is concerned, the
Bedouin population creates the continuity it so desperately needs
between Ramallah and Jericho, and sets facts on the ground on its
behalf. The Bedouins, for their part, know how to repay the PA with
increasing solidarity. Palestinian flags are seen flying in more and
more Bedouin settlements that enact in practice Fayyad’s policy.

Station No. 4: The Fund’s representative.

The ineffectiveness of the Israeli authorities in face of the
Palestinian move, which is no longer concealing itself and its purpose
of snatching everything that’s left of the ‘C’ Territories, has become
a fact. Even though this is a declared Palestinian strategy that
contradicts the Israeli policy, law enforcement agencies shuffle
along.

A clear example is the matter of the appeals regarding the Masua
community. In 2002 Bedouins invaded the private lands of the Masua
community, at the foot of Mount Sartaba. The invasion of the lands of
this community, which was established as the 4th Nahal outpost in the
Jordan Valley in the early 1970s and was defined as part of the
“continuous defensive shield of Jewish communities”, constitutes as
yet another crack in the shield of Israeli Sovereignty. The Bedouin
families clung to the community’s greenhouses and began cultivating
the land parallel to the line of Israeli greenhouses.

At every stage of the expansion of the Bedouin invasion of Masua, the
Civil Administration issued a new demolition order for the new section
of illegal construction that was added. And every time, the Bedouins
applied for a temporary injunction that would prevent the demolition,
using Adv. Tawfiq Jabbarin. Every time, they received the desired
injunction.

Unlike the Bedouin tribe that invaded the lands of Masua, Jabbarin, a
graduate of the New Israel Fund’s Legal Program, didn’t pop out of
nowhere. Late last January, the Al-Hayat Al-Jadida newspaper published
an interview with Marwan Tubasi, Governor of Tubas, where he mentioned
that “the Palestinians will continue clinging to their land and will
make sure that all Israeli plans of Judaization of the Valley will
fail, as the various parties in the district have begun working in
earnest to obtain injunctions preventing the demolition of structures
operated by the district and the Ministry for the Wall and Settlements
Affairs”. The work is being done, says Tubasi, “in cooperation with
Adv. Tawfiq Jabbarin, who is tasked by the Palestinian Authority with
the responsibility of monitoring the demolition of structures and
representation of citizens in the Israeli courts”.

Later Tubasi told proudly of how the PA created a fund of hundreds of
thousands of dollars to compensate the Bedouins in case the structures
are demolished. Jabbarin cannot be relied upon to deliver the goods
every time, so it’s always good to have a little something on the
side. The Palestinian coverage of the Bedouin settlements is perfect.
It includes water equipment, structures, legal aid and financial
compensation.

All four applications for injunctions that were filed by Jabbarin were
granted by the Supreme Court. On the other hand, the one application
filed by the Masua community to consolidate the cases, in order to
discuss the whole issue all at once and get rid of the red tape, was
denied. And so, the matter has been left stagnant and hanging for 10
years, while the settlement has been growing and developing in front
of the astonished eyes of the residents of Masua, who watch the
excruciatingly slow conduct of the State’s Prosecution in handling the
invaders.

The unending smearing of the proceedings transmits the inevitable
message to the Palestinian Authority: Israel has no real intention of
fighting their invasion. Gone are the days when the Jewish communities
in the Valley were viewed as a “Hebrew shield”. No wonder the PA
recently posted, on Israeli state lands, within the property of Masua,
a sign on behalf of the Palestinian Ministry of Agriculture. The sign
states in English and Arabic: “Successful rehabilitation”. Another
venture for the glory of the newly emerging State of Palestine.

By the way, in order to obtain water for agriculture, the Bedouin
invaders had no need to steal from pipes or use water-tank trailers.
One can simply drill into the ground illegally and get the water on
site. In the absence of enforcement, the Bedouins have created an
agricultural enterprise in the settlement that was set up outside the
Masua community, with the endorsement of the Palestinian Ministry of
Agriculture, and they began drilling on the community’s lands.

Station No. 5: Lazy State’s Prosecution.

The Israeli Authorities’ blind eye in face of the orchestrated
Palestinian move repeats itself again and again. Even when the
Administration acts and issues demolition orders, something in the
conduct of the State’s Prosecution is jammed. There is no trace of the
diligence and efficiency it demonstrates against the Jewish
communities in Migron and Amona. Even in the isolated cases that it
fulfills its duty, the courts jam the process.

For example, in the city of Abu-Hindi which was constructed in 7 days
across the fence of the Keidar community, the Civil Administration
requested to destroy the structures and issued demolition orders. The
Jahalin tribe, who, as mentioned, immediately filed an appeal for an
injunction which was prepared along with the trucks and equipment a
long time in advance, should have encountered in court a State’s
Prosecution that was fighting for the rejection of the appeal and the
execution of the demolition orders in the most urgent manner.

As far as the State’s Prosecution was concerned it was a simple, easy
task. Although Adv. Lecker, who is representing the Bedouins, claimed
that they have always been inhabiting the area and that the structures
that were brought to the valley about a year ago simply improved the
housing conditions that already existed there, it is enough to look at
the aerial photographs to prove that this claim is fundamentally
baseless. Comparing 2 aerial photos of the specific piece of land in
Abu-Hindi Valley clearly proves: new structures were brought to the
location in 2011.

But the Jahalin had an extremely pleasant surprise waiting for them.
Throughout the past year the State’s Prosecution has requested again
and again to postpone submitting its response to the issue. The
State’s Prosecution filed no less than 5 requests to postpone their
response to the appeal for an injunction.

Justice Danziger, who was assigned the case, commented that “we can
assume the structure will not be demolished before the injunction
hearing”. The Administration interpreted the judge’s assumption as a
binding assertion and therefore does not dare to execute the
demolition orders in the new city, even though an injunction has not
actually been issued. Meanwhile, the State’s Prosecution has continued
stalling, until recently the court threatened to not allow it to argue
against issuing a temporary injunction that would prevent the
demolition of the structures, due to “inaction in the case”. Up until
this moment, the State’s Prosecution has not yet submitted even its
initial response to the issue.

The 5 times that the State’s Prosecution has asked for an extension,
without taking any action on the matter, is no outstanding record in
regards to its conduct with the Bedouins in the area. For example, in
another case (HCJ 1828/06) the Administration requested to demolish
illegal sheds that the Jahalin tribe had constructed. No less than 17
rulings were given during this case, all of them requests by the
State’s Prosecution for extensions, in 13 of which the court declared
that the State’s Prosecution has been conducting itself idly. As of
today, the State’s Prosecution has yet to submit the State’s position
on the heart of the matter.

Station No. 6: Private initiative.

The only ray of light in whole matter is the conduct of the Regavim
movement, who time and time again have stepped into the State’s shoes
in places where it should have managed things. Regavim now requests to
join the Abu-Hindi case as an amicus curiae.

“This case is one of many examples of the calculated, systematic
methodology of the Palestinian conduct in implementing the Fayyad
plan, establishing the infrastructure for a Palestinian state
unilaterally and bypassing the need for negotiations with Israel”,
claims Bezalel Smotritz, CEO of Regavim. “The impressive logistical
preparations, the precise timing for the intermediate days of Passover
during which the Supervision Unit does not operate, the perfect
execution of the ‘operation’ for the lightning-quick establishment of
dozens of structures and finally the appeal to the Supreme Court
immediately after the holiday; all these indicate that we are facing a
well oiled, well funded machine, which operates proficiently to
establish facts on the ground and to face Israel with faits accomplis
that will greatly limit its political maneuverability.

“The majority of Israeli authorities still respond to this dangerous
activity amateurishly, if not on criminal negligence. The Israeli
inaction in face of the hyperactive Palestinian activism turns the
Israeli political debate regarding the establishment of a Palestinian
state into a farce. The Palestinian state is being established before
our eyes and the way back is becoming increasingly difficult and
complicated with every passing day.

“In the midst of all this, the Supreme Court is serving, knowingly or
not, as a tool for the fulfilment of the political aspirations of the
Palestinians. Sponsored by the injunction-trigger-happy system, and
sponsored by the State’s Prosecution shirking its obligation to
protect the demolition orders and respond to appeals immediately,
political facts are being set in the field and no one so much as says
a word”.

The Ministry of Justice’s response to our questions on the matter was:
“The State’s Prosecution has not yet received the IDF’s response to
the appeal. We suggest contacting the IDF Spokesperson”.

Station No. 7: Foreign involvement in the ‘C’ Territories.

About 2 years ago the Palestinian Authority began criticizing the
countries that contribute enormous sums of money to the PA. The main
accusation made by the PA against the contributing countries was that
the policy of these countries and of the international development
agencies is to direct most of their contributions towards projects in
the ‘A’ and ‘B’ Territories, and not to ‘C’ Territories. This was
being done out of a certain respect of the Israeli sovereignty over
the ‘C’ Territories as was agreed upon in the Oslo Accords.

In another interview given by Daik to Ha’Aretz he said that in a
meeting with international development agencies that engage in
agricultural aid, they were told that the work with them will not
continue if they refuse to participate in projects in the ‘C’
Territories. This global trend of evading providing aid in this
“forbidden” area has been broken, according to him.

And the trend has indeed broken, so much so that it is a real
revolution. According to a document that was prepared by the Research
Department of the Yesha Council, the PA currently manages to reroute
most of the donations it receives these days to ‘C’ Territories,
despite the fact that the majority of its population is living in the
‘A’ and ‘B’ Territories. Here too the Palestinian Authority views the
Bedouins and their form of settling the region as the key to seizing
as much land as possible.

Station No. 8: An outpost-settlement as a school.

In 2009 the residents of Kfar Adumim appealed against the construction
of the regional Italian school which was being built right below their
community and was intended for the children of the Bedouin tribes that
had settled in various outpost-settlements in the area. The school,
which is located directly above Highway 1, does not serve only the
locals: the Palestinian Authority subsidizes rides for students from
more distant locations. It seems that here too the PA is trying to set
facts on the ground via the Bedouin settlements and is willing to
spend money in order to do so. The school which was built there is not
a means, it is an end in itself.

The demolition order that was issued against the place years ago was
never executed, despite the proximity of the school to the main
thoroughfare and it being located within firing zones, facts that
should have bumped it to the top of the demolitions priority list. But
these, of course, are the very same facts behind the PA’s desire to
leave the school standing.

In 2010 the court accepted the position of the Civil Administration
which stated that the school should not be destroyed before the end of
the school year. This is despite the fact that there is a school
nearby in Abu-Dis, from which students are transported daily to the
Italian school in Khan al-Ahmar, which can absorb the entire student
body. The court decided that the demolition of the school should be
postponed until the end of June.

June ended and July came. August & September also went flying by. Time
and time again the State’s Prosecution asked for additional time to
obtain more permits for the demolition of the school, permits that
apparently could not be obtained during the months of inaction while
waiting for the school year to end.

In October the State asked again for an additional 30 days, and in the
background the clamor of students returning for a new school year
could be heard in the school’s halls. In November, the Coordination of
Operations in the Territories Command announced that the process of
approving the demolition had greatly advanced and had in fact passed
all the stages except receiving the signature of the Defense Minister.
The State’s Prosecution informed the court that the Minister was
expected to sign the demolition order by the end of 2011.

In February 2012 the State’s Prosecution explained that due to a
“technical error” the document was never given to the Defense Minister
to sign. The State’s Prosecution requested an additional 45 days. At
the same time as the State’s Prosecution was requesting an additional
postponement to correct the “technical error”, Ha’Aretz newspaper
published that General Dangot, who was responsible for the
coordination of operations in the Territories, had visited the Khan
al-Ahmar settlement and informed the residents that he has no
intention of demolishing the school. This information was consistent
with messages that had been passed from Administration personnel to
the residents of Kfar Adumim, who spoke with Makor Rishon, according
to which the Administration has no interest in demolishing the illegal
school structure.

In a conversation with the Coordination of Operations in the
Territories Spokesperson, we attempted to understand how the State’s
Prosecution claim, saying that it was only a “technical error” that
had delayed the Defense Minister’s signing of the demolition order,
was consistent with Dangot’s own remarks, who according to
publications had no interest in demolishing the structure.

In a verbal discussion the Spokesperson claimed that the details
published in Ha’Aretz regarding Dangot were inaccurate. We inquired as
to what Dangot had, in that case, said to the residents of Khan
al-Ahmar, and at this point the Spokesperson asked us to send him a
proper email on the matter. The email was sent to the correct address
but no answer was received. We assumed that it must be a “technical
error”, a problem that seems to exist all around the Khan al-Ahmar
issue. At the request of the Spokesperson the email was re-sent and
all traces have since been lost. Of both the email and the
Spokesperson. We can only assume that another “technical error” has
plagued the matter.

In the meantime, the Palestinian Authority has no technical error
problems. Fayyad decided, of course, to completely endorse the Bedouin
school, and in an Appreciation Ceremony that was held last May, Fayyad
arrived at the outpost-settlement to congratulate his people.

“You Bedouins are the Keepers of the Land”, Fayyad told the residents.
“Your insistence on teaching your children in this humble school,
which was built by an Italian organization, is a sign of hope for us
all. My visit to this village is a strong message for the freedom of
my people, and for the establishment of a Palestinian state where the
rights of our people will be preserved. On behalf of the Palestinian
Authority, which is trying to soon become the Palestinian State, we
call out to the international authorities and organizations to protect
the rights of the Palestinians”.